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Is Obtaining a Windows Refund Still Difficult?

Bubblehead asks: "A few years ago, everybody was talking about returning their copy of Windows to receive a refund. I plan on buying a Laptop shortly, and most manufacturers still insist on shipping it with some version of Windows. I was wondering what the state of the affairs is - there isn't that much information on the net. The most prominent piece of information is this 2003 Linux Journal Report outlining how the author had to go to small claims court to receive a refund. Any experiences - especially with vendors that do not offer an alternative?"

31 of 548 comments (clear)

  1. here is what i'm wondering by Coneasfast · · Score: 2, Insightful

    the type of people who would want a refund for their copy of windows is the same type of people who not buy a computer from a manufacturer.

    having said that, why should one have to go through all this trouble just to get a refund, i've seen an article explaining the very same procedure before, will this go on forever?

    as long as the manufacturers can avoid it whenever possible, they will continue to splurt out BS over the phone as long as it's legal and gives them a slight chance that they can avoid the refund.

    --
    Marge, get me your address book, 4 beers, and my conversation hat.
  2. Shouldn't the question be: by winkydink · · Score: 4, Insightful

    Do you value your time so little that it's worth going through the hassle?

    I guess if you're extremely principled, I can see doing it.

    --

    "I'd rather be a lightning rod than a seismometer." -Ken Kesey

    1. Re:Shouldn't the question be: by TeknoHog · · Score: 4, Insightful
      I'm somewhat principled. In this case, the principle is called market economy.

      In market economy, you don't just buy things to get them for yourself. When you buy a product, you are giving a message to the manufacturer that there is demand, and that you like their products better than their competitors'. Your actions are shaping the industry.

      If I'm forced to buy a copy of Windows I don't want, I'm giving the wrong message to the industry. For example, Linux drivers are not being developed well enough, because everyone thinks everyone uses Windows. It's not quite true, but the industry is getting the message that everyone wants Windows, because of this imbecile policy of OEM Windows copies.

      In the end, I'm doing this because I'm greedy: I want good Linux drivers. It probably helps if I give everyone the message that I prefer to use Linux rather than Windows on my machines.

      --
      Escher was the first MC and Giger invented the HR department.
  3. What?? by surefooted1 · · Score: 3, Insightful

    Why would you buy a prefab machine with windows knowing that you didn't want it in the first place? If I buy a car and don't like the rims, I don't ask the manufacturer or dealer for a refund. Don't buy from that vendor. No one put a gun to your head. This is stupid.

    Any experiences - especially with vendors that do not offer an alternative?"

    The wording of that would lead me to belive that there are vendors that do offer an alternative. So once again...this is stupid.

    1. Re:What?? by RealAlaskan · · Score: 5, Insightful
      If I buy a car and don't like the rims ...

      When this was on slashdot almost two years back, I seem to recall that there were too many dozens of posts making bad analogies to cars and car dealers.

      Folks, computers are fundamentally different from cars, and most other goods[1]. Argument by analogy is a bad plan in general, but argument by bad analogy is a sure-fire disaster. Let's try arguing by logic, or inspecting the entrails of goats, instead.

      I suppose that I've just unleashed a thousand bad analogies which will prove my point while trying to disprove it. Sigh.

      [1]So, why are they fundamentally different? Microsoft's monopoly, the unique dependence on software to make them useful, (and the unique characteristics of that software, relative to any physical good, including computers), the fact that they are general purpose machines to an extent that nothing else is, and on and on. You might find one of these exceptional circumstances in any field, but you're unlikely to find all of them anywhere else. Unless your analogy accounts for all of these and more, it's probably wrong.

  4. Why is everyone going nuts over this? by Transcendent · · Score: 1, Insightful

    It's like a car... Say you get a nice audio setup but you were going to put in your own speakers afterward, you don't go back to the dealership and demand a refund.

    Just because you don't want an item that comes with a package deal, the seller has no obligation to refund you the money for what you didn't want.

    It's in the package price. Packaging items together reduces cost. That's how business works.

    1. Re:Why is everyone going nuts over this? by ShadowFlyP · · Score: 2, Insightful

      There reason everyone is "going nuts over this" is because the windows install that ships on these laptops has a license agreement that says something to the effect of: If you do not agree with this license you can return this software for a full refund. When you buy an "audio setup" or a car (an analogy in other posts) you aren't licensing the speakers or the tires; you know what you are buying. When you buy a computer, you are buying the hardware AND licensing the software. But, a clause (self imposed by Microsoft) gives you the privilage of returning the software. I'm not an expert in contract law, but there may be legal reasons that Microsoft is forced to add this clause.

  5. Why shouldn't he charge you extra? by Anonymous Coward · · Score: 3, Insightful

    If you're asking for extra labor, you should pay extra money.

    If all their drives are pre-imaged with whatever selection OSs their inventory system can tolerate, that's good for 99.9995% of all their customers, why shouldn't the guy who wants to be different and have the work done for him pay for it?

    1. Re:Why shouldn't he charge you extra? by yagu · · Score: 4, Insightful
      so, just how do they get pre-imaged? They're certainly not being shipped from the manufacturer (hard drive) that way! They've got staff doing the imaging... highly automated to be sure, but what is it going to take to "not" pre-image one? "Hey, Joe!, don't pre-image that one!" is my guess. And, am I a guy (you're assuming, btw) who wants to be different?, or one who has a specific requirement in a field that should but doesn't have options because of the illegal practices of one monopolistic giant?

      Using a car as an example (I hate doing this) it might be like one tire manufacturer insisting through bullying and manipulating that ALL cars are delivered with their specific brand of tires, even though they are very specific and non-general tires, and there is ample evidence of a market for other types of tires (non-studded, low temp, etc)... It would be an unfair market place if consumers had to pay that "tax" (even if labor were involved to remove and replace said tires with other type) to get a product more suitable to their needs.

      This isn't an issue of people being pissy and making snippy demands, it's an issue of a marketplace gone awry and still not corrected by the tactics still in practice by one giant firm, albeit practiced in a more nuanced and subtle way.

    2. Re:Why shouldn't he charge you extra? by Jeff+DeMaagd · · Score: 2, Insightful

      I think that assumes there was a choice. The dealer doesn't necessarily handle that, that is often done at the manufacturer level. I don't know if the computer industry has an assembly and inventory method that allows for truly custom choices like this, where they know the unit with serial number ending in 13242 won't have an OS in it. It's not like the auto industry where you can request a build with certain packages, certain paint and so on, from the factory.

    3. Re:Why shouldn't he charge you extra? by Kadin2048 · · Score: 2, Insightful
      This is a moot point, the guy could have just bought the laptop without the hard drive then.


      In that case, the company would have had no excuse to charge him extra for not installing Windows (or de-installing it, whatever). Unless of course all the laptops already have hard drives in them, pre-installed in China or wherever they're being assembled. In which case I would say that a company that's not even assembling the computers on-site isn't one that I'd really want to buy a 'custom' system from, and is a bit hypocritical to be doing so.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  6. Simple answer to that... by gosand · · Score: 3, Insightful
    Heh. The last time I asked whether it was possible to buy a laptop without a pre-installed operating system, I was told that selling one could expose the company to litigation. The reason: knowingly selling a non-functional product.


    Simple Solution: Include a bootable Linux distro with the laptop. It proves it is working, but doesn't alter it in any way. It is about as close to free as you can get (cost of a blank cd). I would, in fact, recommend trying out the laptop with your bootable distro of choice before buying it. (if you can find the model you want in a brick-n-mortar store)

    --

    My beliefs do not require that you agree with them.

    1. Re:Simple answer to that... by October_30th · · Score: 2, Insightful

      You'd still end up paying for Windows - even if you weren't using it.

      --
      The owls are not what they seem
  7. Re:entitlement? by TheGratefulNet · · Score: 2, Insightful

    Are you really entitled to a refund? Can you take apart any product and return the parts that you don't want?

    the diff, of course, is that with computers that include windows, you have to agree to their license OR DEINSTALL IT. if you deinstall it, you should not have to pay for stuff you reject based on license terms.

    there is no such agreement on, say, cd players in cars. if I buy a new car and don't want the cd player, rarely do I get 'credit' for removing it. that was an old old car dealer's trick that is not used much anymore. "delete the radio for credit". sorry sir, can't do that anymore.

    but with windows, you DO have the option to return for a refund. it says so. they just don't honor it. false advertising, if you ask me.

    --

    --
    "It is now safe to switch off your computer."
  8. lawsuit? by gosand · · Score: 4, Insightful
    To use the (slightly flawed) car analogy, can I return the spare tire because I don't feel I need it and ask for $50 back?

    No, but you could sell that spare tire without the automobile manufacturer suing you.

    --

    My beliefs do not require that you agree with them.

  9. Re:Keep Windows by Pollardito · · Score: 2, Insightful

    i question the objectivity of any review of an OS that minimizes the fact that the reviewer's keyboard doesn't work

  10. Re:Keep Windows by Ithika · · Score: 2, Insightful

    Yeah, cos naming a Linux distro after a penguin was just an absurd and outlandish suggestion, wasn't it?

  11. Re:No windows by cowscows · · Score: 4, Insightful

    It is functional though. As long as all the parts they sold you work. I can go to CompUSA and buy an optical mouse. It's pretty much worthless without a computer to go with it, but that doesn't mean that it's nonfunctional. My computer came with a CD burner, but no blank cd's. So I couldn't burn a CD without making another purchase, but that doesn't mean my computer was broken.

    That's not a compelling reason at all.

    --

    One time I threw a brick at a duck.

  12. Re:Recent experience story by ninjagin · · Score: 1, Insightful
    Wow. Substantive proof of the evil predatory Microsoft empire.

    Thanks for posting the link.

    --
    .. pa-ra-bo-la, pa-ra-bo-la, 2 pi R, 2 pi R, where's your latus rectum, where's your latus rectum, 2 pi R
  13. Re:I wonder, do you really need the money... by quixos · · Score: 2, Insightful

    was your comment really worth sharing? is mine? people do THINGS. perhaps he should just quit acting up and watch more t.v.?

  14. Re:Recent experience story by argent · · Score: 2, Insightful

    It's amazing what /. doesn't print.

    It's not what you know, it's who you know.

  15. Re:refund?!? they tried to CHARGE me! by Anonymous Coward · · Score: 1, Insightful

    Yeah, running fdisk is a really expensive procedure.

  16. DiscountLaptops.com ships GREAT laptops with no OS by fmerenda · · Score: 3, Insightful

    I bought my laptop (A Sager 5690 - model no longer sold on their site) from http://www.discountlaptops.com/, and I couldn't be happer with it. No operating system, great value, and excellent customer service. I also paid about $1,000 less for my laptop than I would have paid if I bought it from Dell (P4 w/hyperthreading, 2GB ram, 1400x1050 LCD, over a year ago). If you don't believe me read their buyer ratings at the bottom of their web site. I actually had to return my laptop for repairs because of a faulty motherboard, and they paid for all the shipping and had my laptop back to me in a few days. The owner of the company emailed me several times before I bought the laptop and answered questions I had about it (like what ethernet chip it had), and made *objective* suggestions about which laptop I should buy. The owner also contacted me several times during my warranty work episode and I felt extremely comfortable that he was making sure that I was well taken care of by Sager. (Sager and Chembook are two of the main manufacturers that they sell on their site. These are the companies that sell to places like Alienware, Hypersonic PC, Pro-star, Voodoo PC and many others. I'm running Ubuntu Hoary on it now, and have not had any problems at all. Before this I ran Fedora Core 2 and 3 with no problems (save the faulty motherboard).

    I can't recommend discountlaptops.com enough. I don't work for them or anything like that, I am just a happy, happy customer. You can bet my next laptop will be from them as well.

    --
    -- http://www.MindBlowingPhotos.com
    Photography inspired by music, nature and life itself.
  17. Buying a hotdog by Leperflesh · · Score: 2, Insightful

    Hi, I'd like a hotdog. Two bucks? Great! Hey, listen, do you have ketchup and mustard and relish and stuff? Over there? Cool. How much does it cost?

    Oh, it's included in the price? Right on! Thanks!

    Ok, so, but that ketchup and stuff, it must cost you something, right? I buy ketchup at Safeway and the smallest bottle they sell is a buck.

    Right, yeah, cool.

    Ok, so, can I have a plain hotdog, for a dollar? See, I have my own sauce, I brought it from home. It's home-made, see. I downloaded the recipe from the internet. You want some of my sauce? You can have it for free, I bet tons of your customers would love this stuff, it's great.

    No? Ok, well anyway: How about that dollar-off, plain hotdog?

    What? But, see, I'm not gonna use any of your ketchup. I'm leaving it in the bottle. If you give it to me anyway, I'll have to scrape it off, see... you might as well just keep it. And since ketchup costs a buck, I'll have my hotdog for a dollar off.

    No. Seriously man, here's the two bucks for the hotdog. If you won't give me a buck back for not using the ketchup, would you at least figure out how much that ketchup costs per-hotdog, and then take THAT off the price? Even if it's only ten cents per hotdog, I should still get the refund 'cause I'm not using the ketchup.

    Ok, yeah, I could take some ketchup and then re-sell it on ebay, but really, why would someone buy my used ten-cents worth of ketchup... it might be dirty. Plus you can't really sell open ketchup like that. I'm sure there's a regulation. Who knows what I'm selling? It might not be real ketchup. It could be filthy, full of viruses. I'm sure Heinz would not like me representing it as their product.

    So, c'mon, one hotdog for a buck, or, show me your balance sheet and then we'll just take off what the ketchup really costs. At least.

    Huh? OK, fine, screw you! I'm going home and making my own damn hotdog! Dammit!

    --
    I am allowed to criticize you: you are not allowed to criticize me. Sorry, that's just how things are.
  18. Re:How much though? by Queer+Boy · · Score: 2, Insightful
    Which is good, because if Dell (or whoever) starts losing money by only shipping Windows on their machines, they will want to offer Windows-less notebooks.

    Dell is probably the worst example to use, twice companies have tried to get other OSes installed on Dell machines (Apple in the early 90's with Mac OS for x86, Be in the late 90's with BeOS). I am sure going forth since the DOJ trial new Windows licenses are different but Michael Dell has gone on record stating that they have to pay for Windows whether it goes on the machine or not.

    --
    Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
  19. Re:pick the right vendor by Anonymous Coward · · Score: 1, Insightful

    So it's ok for them to be assholes because they only have 3.5% of the market?

    Bullshit.

    1%, 99%, you are either right or you are wrong. Apple is a lot more morally challenged that MS is in many ways. Just because they are an underdog does not give them the right to be the assholes that they frequently are.

  20. Re:How much though? by Anonymous Coward · · Score: 1, Insightful

    This is because Microsoft will probably not show up in court to rebut your evidence of value.

    I'd gladly pay $100 or so to have MS's OEM contract with Dell appear on the public record.

  21. I did it by Anonymous Coward · · Score: 4, Insightful

    and got an apologetic letter too. They EULA says that if you do not agree to the license, you can return it to the retailer for a refund.

    I had to take watford electronics to court (small claims), though they backed down about a week before they court appearance.

    The interesting thing about their defense was it was "The EULA is not binding on us because we are a third party, the license being between microsoft and yourself".

    My reply was that they purchased the OEM copy with that EULA and that it was I that had no relationship to MS. If they didn't want to be bound by the EULA then they could have put a different version of Windows on there.

  22. Re:refund?!? they tried to CHARGE me! by drsmithy · · Score: 2, Insightful
    In a free-market economy (IMO) it shouldn't be that way.

    I'm not sure where the meme that "free market economy == every vendor should be required by law to exactly meet my specific requirements" originated from, but it's not even *remotely* accurate.

    Your experience is a textbook example of how a free market economy *should* work. Vendor A doesn't sell the product you want. You negotiate with Vendor A to provide a product that meets your requirements, a customisation they see the need to charge for. At any time (and this is the important part) you are completely free to seek other vendors who might provide products more aligned to your requirements.

  23. Whose time, whose mney? by jotaeleemeese · · Score: 2, Insightful

    Are you Billy Gates? Then yes, by all means pay somebody else to get a computer, your time may be literally valued at millions.

    Are you a regular guy that would be doing something else completely unproductive otherwise? Then your time is not worth as much as you think, saving 100 bucks could be worth the hassle.

    --
    IANAL but write like a drunk one.
  24. Re:refund?!? they tried to CHARGE me! by The+Bungi · · Score: 2, Insightful
    do one-off custom builds, five or so a month of desktops with windows on it. this is my current cost for single oem copies

    You're absolutely right! I cannot fathom why you're not getting the same prices as Michael Dell. It's just not fair!

    Ridiculous punk.