Slashdot Mirror
Windows Refund Day II
pbody writes "Sorry if this is rehashing an old topic, but I was looking for advice on how
to try to get a refund for the copy of XP that is coming with the laptop I
just bought when I came across this on LinuxJournal
about windowsrefund.net. They are
organizing "Windows Refund Day II" on January 23, 2003 -- which coincides
with the LinuxWorld Expo in NYC. Knowing how the first refund day turned
out, how many out there are going to the Expo and are thinking about
participating? For that matter, has anybody had any luck at all getting a refund from a vendor lately?"
We all know that MS are trying to move towards a licensing model where you pay every 3years/1 year/1 month/every day to use the software. This is interesting when you think about software as a service.
So the software is FREE, but the service is paid for. Thus the service enables the "free" software to be used and you have paid for a period of n to use that software. This could make getting a refund harder as the service is provided by Microsoft and not the OEM, also as its paid up front from the OEM to Microsoft it blurs how refunds can be obtained. Its like car insurance, you have it, you pay for it up front, the fact that you don't have a car crash doesn't mean that you can say it wasn't used and ask for a refund.
IANAL (Thank god) but a licensing change could make refunds even harder to get hold of.
An Eye for an Eye will make the whole world blind - Gandhi
Just word it correctly. Dont use pictures of it, and never put the word OEM in the auction. Just say you bought your computer and the software at the same time, but you never used it, yada yada yada.
It seems they mostly search for the words OEM. If people are worried, they'll usually pick up on it and send you and email asking "is this OEM..." etc etc.
My only recommendations would be to make sure it isnt hardware bound, that it will install on a system other than what yours is (example: installs that check your bios to make sure thats being installed on the machine it was sent for), and to offer full money back guarantee (minus shipping of course) in case something DOES go wrong, and the person isnt 100% pleased.
If a manufacturer won't let me buy a computer without a MS OS pre-installed, I just don't buy the computer from them. I know this can't be avoided sometimes, but I think it's better for this community to support manufacturers that are not so intimately in bed with MS.
For laptops, I would try PCTorque.com. (I have no association with the website, other than being a satisfied repeat customer.)
And, to remain on-topic, from everything I've ever experienced or read about MS and their aggressive licensing policies/ideology, I think that it will take an outcry from corporations before MS even begins to contemplate giving refunds on unused merchandise. You've already had the opportunity to see the registration key, and that's very important to them.
That's just it - he may have accepted the purchase, but he didn't accept the EULA for Windows. After he bought it, he would have got home, opened it up, and been presented with additional terms & conditions, that he never agreed to beforehand, or even saw. That same document states that if he doesn't agree to them, he can get his money back.
The obvious way of fixing this is to present the EULA before purchase.
1 - not legal. The EULA specifically says it's legally bound to the hardware it was bought with
Not legal for whom, precisely? It's explicitly legal where I live (Germany). There was a court decision not too long ago, saying that Microsoft have no right to restrict the way in which OEMs resell copies of Windows; what they write in the licence is not above the law of the land. I'd go so far as to say this (unrestricted reselling) is probably the case for the rest of the EU.
I just looked in ebay.de and found OEM versions of XP for sale, so it doesn't look like Ebay is killing those auctions.
On a related note: you will see more and more recovery CDs. Although you may be able to sell them as you want, people generally aren't interested in buying them.
-- Steve
You should realize though that most of these companies purchase the hardware from companies like Sager (Linux forum) and Compal, and those companies also supply the big-name guys like Compaq, HP, Dell, and Toshiba. So when you find some no-name laptop, it is usually equivalent to some branded laptop that never touched the hands of HP/Compaq/Toshiba/Dell. (And figuring out exactly *which* brand-name laptop it is equivalent to can be extremely difficult) Some of the below claim to manufacture their own notebooks, but what this means is that they buy them from Saeger/Compal or someone else, and put in a hard drive/CPU/RAM, which is why you will find identical looking cases at several of these vendors.
If you find a HP/Compaq/Toshiba/Dell/IBM/Sony branded laptop that has linux preinstalled, it means that the vendor paid for windows and removed it. I do not list them below because I think this is a despicable and deceptive practice. These manufacturers do not (yet) sell no-os or linux laptops. (But please, call them and ask!! The squeaky wheel gets the grease!) Also if you order a no-OS laptop, please request linux to be installed anyway, and tell them you'll pay for it! Let them know there is demand!
-- Bob
1^2=1; (-1)^2=1; 1^2=(-1)^2; 1=-1; 1=0.
In any case, there are IMPLIED warranties that arise simply out of the sale which cannot be disclaimed if a written warranty is provided and assuming this was a consumer sale. The most common is the implied warranty of merchantability (Uniform Commercial Code Section 2-314). Every state has a version except LA, and maybe even them by now. Also, breach of warranty is in most states an unfair and deceptive business practice that can get you 3 times your actual damages or a sum set by statute, whichever is greater, plus attorneys fees. You should be able to file this in small claims court abd get a very good result.
Remember - you bought a piece of HARDWARE and it is the hardware that is defective. As a matter of fact, unless that clear and conspicuous language is there, I would put in a separate count claiming that merely telling you that running Linux invalidates a warranty is unfair and deceptive, entitling you to damages. If it is there, I would claim that warranty provision is invalid and itself unfair and deceptive.
Laws affecting technology will always be bad until enough techies become lawyers.
The first refund day was a disaster. It got little coverage, no one got a refund, and the most memorable image was someone dressed like Obiwan Kenobe...
Microsoft condescendingly had a banner that said "Microsoft Welcomes the Linux Community" and offered free lemonade.
Of course, Katz disagreed.
Pictures here.
W
-------------------
This is my SIG. There are many like it, but this one is mine.
Going to small claims court REALLY isn't that big of a deal, you don't need a lawyer, there's no jury, just you, the company you are suing, and the judge. It costs something to file a claim, no matter where you live, but really not very much, and you can usually get the claim fee back if you win.
Just take your receipt and your laptop with no windows on it to the court, along with the EULA. You've got a good chance of winning, and merely filing the lawsuit will probably prompt the company to settle out of court. Make sure they pay your filing fee, of course.
If you have to miss a day of work to go to court, in some places you can sue for that too (assuming it's an issue where you work).
To reiterate: small claims is really no big deal, and the company probably won't let it get to that point anyway. Too bad you have to sue the vendor, and don't get to drag M$ into small claims court. That would be too cool.
WWJD? JWRTFA!