Dell Customer Gets Windows Refund
scottv67 writes "Dell today gave freelance programmer and sysadmin Dave Mitchell, of Sheffield, UK, a refund of 47 pounds ($89) for the unused copy of Microsoft Windows XP Home SP2 bundled with his new Dell Inspiron 640m laptop, Mitchell says. Dell also refunded the tax, for a total of £55.23 ($105)."
I'm no fan of EULAs or any software licensing (not even the GPL) because I feel they don't really give you much room to negotiate a contract to your terms. But there comes a time in every transaction that you have to gauge your time versus what you get in return for your time. In this case, the US$100 this guy received was probably worth it for him to spend a few hours going through this process, but is it worth US$100 for most people? Laptops do seem to run better under *nix today than just a few years ago, so I will finally accept that a laptop can be a decent workstation for open source OSes. But I also see that for many people who use the PC, even if they eventually put another OS on it, Windows works fine, and even if they never run it, the path to try to return their copy is costlier than just eating it with the rare chance that you MIGHT need to run it.
Sure, there is a small percentage of "geeks" who will never run Windows, but for the great majority of *nix users, I'm not sure if this is the case -- even the average slashdot geek. Personally, my laptops that I use require Windows because they're production PCs -- AutoCAD, RIP print drivers (don't even try these under anything but Windows), scheduling/project management software, etc. For me, if I did run *nix, the 3-4 hours it would cost me to get a $100 refund would exceed the refund's return. What are most techs worth today?
I'm glad Dell did it, and I wish they did offer laptops free of operating systems. I'm not aware of the exact details of Microsoft's license agreement with Dell, but to me it seems as though they've both agree to a figure that makes a sense in a market perspective: the software is just expensive enough to make everyone money, and just cheap enough to make it useless to try to work around buying a copy. Also, Dell likely is able to produce less expensive hardware since they can now sell laptops that work out-of-the-box, rather than dealing with the support issues of helping users run their hardware on dozens of different operating systems. It is a double-win for both manufacturers, and not enough of a loss for the average user.
I'm never shocked when a geek complains about the Microsoft licensing scheme, even though I agree that more choice is better. When I break down the cost of a workstation for an average business client for a year, the US$210 or whatever Microsoft "tax" is barely 1% versus the costs of the applications and maintenance they need to run that workstation for a year. That's right, 1% -- many of my business clients spend upwards of US$10,000+ a year per user on software licenses, maintenance, and hardware. And they still need Windows for it, so if you price in Windows across the board (those who need it and those who don't want it). I'm sure that percentage of overall cost falls even lower -- making it seem to me that trying to get a refund doesn't show a big return on investment overall.
In this user's case, it may have been (I wouldn't have gone through the hoops, I'd buy an OEM laptop from another manufacturer such as Averatec), but I don't see that being true for most cases.
What if all Windows users started demanding their money back?
No folly is more costly than the folly of intolerant idealism. - Winston Churchill
I don't use the bonus discs from DVDs either, can I get a refund on that too?
47 Pounds??? Those are heavy bits!
I thought most linux geeks did this already, shoot with my 1999 IBM laptop i got a 130$ refund for windows ME same thing for my Compaq Desktop, since i did not need windows, i had linux and a bought copy of windows i told them ship it without a OS and ill do the rest
And good for Dell for taking care of him with a minimum of fuss.
Help! I'm a slashdot refugee.
Quick, everyone else get a refund before Dell goes broke!
http://my.telegraph.co.uk/dublinclontarf
I would consider buying a Dell laptop if I can get my $$$ back for Windows
I tried getting a Windows refund out of Dell a few months ago for my then-new laptop. I never succeeded really, but they did give me a $30 refund basically just to go away, and told me to keep the Windows software. Not sure what I'm supposed to do with it.
I just recently bought a laptop for my wife and I had to go through hell getting all the pre-installed crap out of it. It had adware and spyware preloaded by the factory. It even had a 10GB hard drive partition with backup copies of everything that should have been on the restore cds / dvds that should have come with the laptop. I would have much rather paid less for the laptop, added windows onto the price and arrived in mostly the same place. We didn't want a laptop that we hadn't tried out in person before buying it, which around here limited us to Best Buy, Circuit City, and Office Max / Depot. Nobody had "clean" systems.... grumble....
Love,
Jay and Silent Bob
Considering that the consumption tax on Windows is a ludicrous 17.5% (8.23 / 47.00), I wouldn't be surprised to see the government stepping in and forcing people to pay for Windows just to keep that revenue stream flowing!
Now, if there was only someway they would refund the money for the Dell. Ha, just kidding, dell is great, really.
Problem is, you don't know what the refund amounts to before you press 'NO' at the EULA agree prompt. For $20, I'd like a nice Windows XP copy. For $50, I might not. It depends. But there's no way of knowing!
8 of 13 people found this answer helpful. Did you?
I wonder if this is a policy adopted by Dell and other american companies operating in the UK to avoid legal trouble.
From what I have seen this isn't a general Dell policy to refund OEM MS Windows license costs on a pc.
We Apprentice Developers and Designers
This will suck for MS. I already have my own personal copy of XP Professional I'd like to install on a fresh lappy, and I wish they were sold without added software and an OS. This will kill most of MS's profits, since people will just say "I already own XP, why can't I just put it on another computer?" THEN people will start to see how convoluted the MS EULA really is. They won't switch to Unix like some people would hope, but there will be more "pirates" that install the same OS on different computer's they own. Of course I don't read the EULA like most people and it probably allows you to install a copy of XP on computers that you own.
Uh...obligatory "DOWN WITH MICRO$OFT!" comment.
In Soviet Russia, dots slash you!
640m laptop? No.
Any computer that is over 1/3 of a mile wide can hardly be considered a laptop.
There is no fucking way. Oh UK? Nevermind. That's old news.
Yarrrrg! Now all those scurvy seadogs who will, of course, be running pirates copies of Windows on their... cough cough "linux" haha cough cough... computers can get subsidized by the computer vendors!
Shiver me timbers! It's fun stealing other work, especially when you have an entire website dedicate to bashing them!
'Windows users' couldn't request their money back if they were using Windows already. The jist of the article is that by refusing to agree to the EULA they're saying they don't want to use Windows, or at least one that came with their PC. But there has indeed been many instances of this before - there was a mass march of some kind a few years ago, the end result being that most EULAs were modified to make the computer and operating system one package. A lot of the old Windows Refund stories involved conversations with managers who couldn't seem to comprehend that the EULA gave the user the right to reject windows, as a separate component from the machine. God knows what Dell's Indian call centre made of this guy.
Surely Dell are entitled to sell XP under whatever terms the customer agrees to. In this case, they sold a copy of XP and a PC for £800 (or whatever). No, Dell are entitled to sell the PC at £780, and make a £27 loss on the OS, or sell the PC at £700 and make a £53 profit on the OS, or even assume that the PC was given away for free, and the £753 profit was made on the OS. All of these are indistinguishable. Since they were sold as a bundle, surely Dell's only actual obligation is to offer a full refund on the OS and laptop.
Well, maybe there should be an argument that Microsoft Windows doesn't really add any value to the product, so should be exempt from the Value Added Tax.
Is it just my observation, or are there way too many stupid people in the world?
Did they make him ship back the Windoze sticker?
Only individuals and tiny companes pay it. Companies buy assets without having to pay tax, because large corporations would kick up too much stink. As a result if you are self-employed you have to register and do the paperwork to avoid paying sales tax on your business assets.
Pining for the fjords
I think it's sad we live in a world where one guy getting a refund for something he didn't want to pay for in the first place is such big news. Ideally this should be so common that no one cares.
This proves that it really is colusion between MS and the HW builders! I should get my money back for all the bundled windows licenses that I have purchased less the one I actually use...
I have paid for WinME only to blow it away with 2000, then I bought a copy of XP in 2002 and have subsequently bought two more copies of home just to whipe the drives and install Pro...many others are in the same situation...someone call the Attorney General!
I thought the copy of Windows XP was the tax?
Is there any site around which details which companies will either sell you a 'bare metal' laptop, or which will refund you the cost of Windows if you don't want it, and tell you how to go about getting the refund?
I've been thinking about getting a laptop to run Linux on, but I'm not going to do it if it means buying a copy of Windows. The idea of wasting money on that piece of crap software that I'll never use just irks me.
There seems to be anecdotal evidence of people getting Windows refunds; it would be nice if someone gathered the information on how they did it together, so that people who wanted to follow in their path could do it more easily.
"Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
"In this case, the US$100 this guy received was probably worth it for him to spend a few hours going through this process, but is it worth US$100 for most people?" + lots of other words. How much time did it take for you to formulate that response?
First Novell partners with M$ and now Dell is actually refunding money? I'm pulling out the wool underwear, hell hath frozen.
can order empty laptops if they have site licenses for their Windows/Office products of choice...so why can Joe Consumer not get an empty laptop to install their legal copy of Windows...or dare I say L/U-NIX?
Getting 17.5% (or 19% over here) off of prices is worth it, in my opinion. Consider VAT on new PC's, broadband charges or even office supplies, it all adds up. Registering might take some time, but the paperwork should be done in an hour, tops. If in that hour you save 500+ a year, you've got quite a good hourly rate.
Then again, I went the lazy way and got myself an accountant. Netto it still saves me a nice sum of cash, and you don't have to worry about the messy details. Thankfully my accountant is pretty good, he even got my university fees deducted. A tip is to think with every purchase: could I get the VAT off of this? Business diners, lunches, books... it all adds up.
This sig is intentionally left blank
I think this is the last of Dells worries legal wise.
A couple of months back my father ordered a Dell PC with Windows XP pre installed, yet we didn't recieve an XP CD or any licence number as we should of done with a Windows licence. Yet a week later a man from Dell (with a very thick indian accent I could hardly follow to add to the fun) rang up trying to sell a "recovery pack" since "if stuff goes wrong it'll cost you less than to rebuy windows".
Is this even legal? I'm pretty sure it's not but may as well ask Slashdot before I look at legal advice on getting what was rightfully payed for.
Side note : I e-mailed Dell inquiring and recieved no reply (it's been a month, doubt I'll get one).
I like muppets.
"I'm no fan of EULAs or any software licensing (not even the GPL) because I feel they don't really give you much room to negotiate a contract to your terms."
Please. You don't have to accept the GPL to use the software. Hows that for a negotiation? Let me give you the text of the negotiation, and its outcome.
dada21: I like this software. Can I have it?
GPL: Certainly. Free to use. Only it comes with the "GPL".
dada21: I don't like EULAs and licenses. I won't accept the license!
GPL: Ok, use the program.
The other negotiation is:
dada21: I like this software. Can I have it?
GPL: Certainly. Free to use. Only it comes with the "GPL".
dada21: I don't like EULAs and licenses. But I will accept the license!
GPL: Ok, use the program. And you can publish it too -- as long as you pass on the "GPL"!
How much more room do you need? You can use the software WHETHER OR NOT you accept the GPL!
The other point is: 100 USD is worth a few hours. Figuring that its after expenses and taxes, the gross needed to clear 100 USD is 200 USD (around). It takes me a few hours to make that! I'm going for the refund next time I buy name-brand!
Ratboy
Just another "Cubible(sic) Joe" 2 17 3061
Ever since I first heard the term "geek" used to describe "nerds" I have been offended. I have had MANY arguments with people that we are "nerds" not "geeks" because we don't bite the heads off of chickens. You sir are the FIRST person I have seen to support me on this. Thank you.
As for "what's the big deal about 'geek'?"- Nerd is a made up word that had no prior meaning. Geek was a pre-existing word that was transfered to nerds in a derogatory way. So all you idiots out there that call yourselves 'geeks', maybe you deserve the label.
Your thin skin doesn't make me a troll
apparently yes :
http://detaxe.org/map.html
Now if we can only get dhell to load ogg vhorbis by default!!!
Whuppie!!!!
That's My Mama!
Dell does offer laptops without Windows. They package in FreeDOS and do not offer Software Support on those laptops, but they do offer them.
Kinda curious as to why this guy just didn't... you know... ask his sales rep for the nSeries version of his laptop?
Ha ha! C'est très drôle et je vous offre les meilleurs voeux! Mais je crains qu'il sera perdu sur la plupart des Slashdotters, qui sont des Barbariens avec une seule langue (qu'ils parlent même moins bien que ma grandemère fume les cigares) et qui déstestent irrationnellement tous les étrangers.
Je fume. Tu fumes. Nous fûmes!
Wait... You can do that???
I remember being forced to choose a copy of Windows when I ordered my laptop from Dell. I chose XP Home since it was the cheapest one. Once I got the laptop, the first thing I did was wipe it clean, partition the hard drive, and put Kubuntu and my own legit copy of XP Pro on it.
If I knew I could have gotten money back for Windows, I could have saved myself $80! That's, like, 13/100 of a PS3!
/* No Comment */
(ObWarning: I work for Dell as a Gold Hardware Support Technician in Twin Falls Idaho.)
Email me your father's service tag, I'll be happy to look into it directly.
mark (underscore) cantrell (at) dell (dot) com
There's no reason if you ordered Windows that you shouldn't get a CoA and Windows XP CD -- UNLESS you ordered a machine with "image support", then those CDs are stored as ISOs on a partition on your drive, you just have to click the right button and the Dell software will burn you a WinXP CD and a Drivers CD.
Either way, you should have DEFINATELY gotten a COA label on the machine itself. Send me your tag, and I'll either fix it Friday when I get into the office, or I'll get ahold of someone (Dell Customer Care, which is in the same building as me, possibly) who can.
I'm fat, I use heavy glasses, I like 80's TV series, I read ./, I still program a C64, I watch MTV, I use FreeBSD, Toby Radloff is my hero, I buy stuff from ThinkGeek. whatsamatta? Whatsdapassvoid? Ken sent me.
Hatredman
It's a BUNDLE. The software comes bundled with the hardware, you don't want it, throw it away like I do with the crap that comes with every video card or DVD drive that I buy. Pick the cheapest laptops and let the competition decide.
Anyway, I don't think the OEM XP that's being sold with the Dell laptops is worth even close to what the retail price is, or that there is any reason really for dell to pay that refund, so I actually don't believe this story!
Moi j'en parle trois...
Seven puppies were harmed during the making of this post.
My Fujitsu Siemens Computers account manager told me we couldn't buy truly bare bones machines. We had to buy a blank machine and pay a nominal fee [if I recall it was about 5 quid] for a copy of *nix [I forget which distro - possibly Suse but not sure]. The reason? Because they weren't allowed to sell computers with no operating system - he got a bit hazy at this point and went on to say that it was because people were using illegal copies of Windows. He didn't agree with it [neither did I], but his hands were tied.
And, despite what someone said about German law, this is a far better binding than the EULA has on you.
See, the EULA states that the seller will refund the cost of the license if you do not agree.
Now, that is a part the supplier has agreed to by supplying an OEM copy. If they didn't want to, they could source Retail Copies where MS will have to refund.
This is a level of agreement you, as the third party, do not have. You don't pay MS for the OEM copy, you pay the OEM. Therefore, any limits have to be ones the OEM places on you, NOT microsoft. The supplier IS in a relationship with MS so they DO have the limits placed on them.
Including a refund.
I had Watford Electronics for this one. Got my money back and a letter saying "Yeah, we should have obeyed the EULA".
It shouldn't really take three hours, now that there's a known working letter you can borrow from. 1. Get Dave's letter. 2. Put your info in. Print and send. 3. This is Slashdot -- people should know what step 3 is by now.
M$ gives PC manufactures discounts for doing various things. Things like pre-installing Windoze on every PC sold gets one discount, Advertising the line "We recommend rebooting and reinstalling" er, "We recommend WinXP" gets you another discount, not advertising a competing OS and so on and so on. The more you play with M$ the cheaper your bulk per PC cost of OS becomes thus lowering your sticker price.
It's one of the many tactics a monopoly uses to maintain position and keep competitors away. By the way these agreements are secret and classified as "proprietary" so we don't really know if M$ has a discount for not allowing pre-installed linux or not.
By not providing you with an easy way to return that unused copy of Winblows (possibly another discount) it ensures that the manufactures are allowed to have their cake and eat it too. Every time you install linux on a pc without returning the unused M$ product you are contributing to the M$ fortunes and slowing the progress of linux. Sorry but to be lazy has a price too.
Three Cheers to our UK friend for sticking to his guns and encouraging others.
For all of you in wisconsin who bought some MS software from 1998-to 2003:
u it/FileClaimOnline.aspx#
There's a calss action suit for overcharging, this means you can get a voucher even if you still use the software, because it was overpriced.
"You may file your claim online if you are making a claim for 5 or fewer Microsoft products that does not exceed $100, and have the product identification numbers for each."
here's a link with more information
https://secureweb.rustconsulting.com/MicrosoftWIS
more like $1.85
my password really is 'stinkypants'
So, something that should work the way it did work worked that way?
Seems kinda like puting "Guy pees standing up!" in big bold letters on the front page of the New York Times. Yeah it may have actually happened, but is it really news, and does it really matter?
Time's up. No, no, no, no, no, NO! This does not matter to anyone, except of course that guy that was refunded.
if(rant=='end'); {endcmmt}; else; {endcmmt};
For those who are trying to figure out what language that was, don't hurt yourself. It's just remnants of C creaping in from my programming days, or day is probably more like it.
"In a world that exists without walls and fences, who needs Windows and Gates?"
Not at all sure about the legal rights and wrongs of this in the EU. If you are Dell, you are in exactly the same position as Apple. You are not technically a monopoly, as you have less than 25% market share. On the other hand, unlike Apple, you are engaging in linked sales with a product (Windows) which is technically a monopoly. But can you be guilty of anti competitive conduct without monopoly share, just because one of your suppliers has monopoly share? I would have thought not.
Dell or Apple surely did the same thing: they simply made a choice of supplier of OS. The supplier of the OS might well be guilty of anti competitive practices and abuse of market power if, for instance, he charged a royalty on every PC shipped, instead of every copy of the OS shipped. Note that Apple could not be guilty of this because it doesn't have monopoly share of OS.
The supplier of the OS, MS, appears to have given the guarantee that if you don't want "the product", which in this case seems to mean the software, that you can return it to your distributor and get a refund. Probably then, for the supplier of the OS to charge the distributor for all software shipped, rather than software shipped net of returns, might be anti-competitive behaviour.
Its a bit of a minefield, and what one really needs is advice from someone in the legal profession specialising in this issue.
I am not at all sure that the people who argue earlier that a retailer must give you a refund, and must unbundle sales, are correct. They are perfectly entitled, for instance, to sell dining room sets. They are under no obligation to sell you the chairs separately. It may be smart to make some arrangement to this effect, but I'm very doubtful that it is legally obligatory, particularly if they are able to argue that by restricting their range, they get a better deal and offer better prices. There are lots of people selling dining room sets and other furniture in the UK whose whole method of operation is, this is a package, take it or leave it. I don't think its unlawful.
They did not.
This precedent doesn't just apply to folks who want to run some other operating system on the machines they buy from Dell. It affects me because I don't need the bundled XP Home when I've got an MSDN license that allows me to run XP Pro. Or take the case of a small business with a Microsoft volume license. If they are required to buy a bundled O/S with every machine they purchase, then Microsoft has, in effect, sold two O/S licenses per machine. The $$$ saved by getting back the cost of the bundled O/S will add up!
You could get an Ubuntu laptop at http://system76.com/
Somebody in this discussion might be using one right now, and could maybe tell us how it compares to the Dell-type brands (not I though, as I'm shopping around myself for my first laptop).
Free university is no longer guaranteed in the UK; most people either have to pay Tuition Fees (up to £3,000) or recieve a loan for the amount.
ah, mod points
to the following....
you don't get an EULA with engine management software.
Your use of the car does not mean you cannot have another driver assigned.
your use of the car is not limited to the initial user
etc...
Big difference, boyo.
This is exactly why I didn't buy a Dell laptop. I knew I would never run MS Windows on it, so I purchased a ECS laptop, without Windows. Running linux allows me to integrate my laptop closer width my colleges network.
Is it really leagal for any hardware vendor to bundle an OS without giving the customers a choice. Isn't this a more serious issue than MS bundeling IE with theri OS.
I mean it wouldn't be ok if I had to buy a SuSE proffessional license with my laptop either....
#find
I suspect the real reason why a machine's price without Windows would be greater is because of all the crapware/trialware that comes preinstalled. I suspect that this stuff comprises a large amount of profit per machine - especially when a user actually registers the software! Shipping w/FreeDOS or Linux takes away that potential profit.
The question then is, how can you make Ubuntu profitable for companies like Dell?
"...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
and I live in Seattle. My next laptop is going Linux - I've had it.
-- Tigger warning: This post may contain tiggers! --
$105 is only worth £55.23 ?
I knew I should have invested in Euros... damn those unfavorable exchange rates!
I got my $125 windows refund when I bought my XPS M1210 notebook. At first they tried to push a merchandise credit on me but I kept insisting on the refund and got it a couple days later. What's so special about it? You just need to be persistent with their sales people.
note up front -- i did this about a year and a half ago, but put it in one of those blog-things that were so popular so i would remember what i did. anyway, the process might have changed a little. btw -- i am in the US.
i bought an inspiron 1200 laptop a year and a half ago and it came with windows xp home and word perfect office. i dont run MS stuff (linux and openbsd are my preferred choices) and could really care less what it came with. but, since "no os" wasnt an option, i thought that i would try my hands at getting the much talked-about "windows refund."
i first called the number on their website, and then promptly got transferred to the technical support line, which transferred me to preferred customer care or something like that. anyway, instead of jumping through hoops the number that you want to call is:
800.624.9897
this will get you to the right people to take care of this. you will need your service tag and express service code.
check windowsrefund.info for the FAQ, which has a good statement to make (they say via fax, but i just called them and asked). what i said was something along the lines of:
"When I turned on my computer for the first time, I was presented with a License Agreement. The agreement says to contact Dell immediately if you disagree with any portion of the agreement. I have refused all parts of the license, have used a free operating system to remove all software and format the hard drive. The CD's included with the system are still in their original, unopened state. I would, per the terms of the license agreement with Windows, like to request a refund for the unused software."
they put me on hold, and then came back to say that the software was free and no refund can be expected. i politely stated that the software cost Dell something, and that those costs were passed on to me when I purchased the laptop. I went on with a story about not wanting to pay for things that i did not ask for and were not going to use.
anyway, i suggested that the software cost Dell around $30, and that the laptop's price was probably $30 higher because of this. I persisted to state that, per the license, I was entitled to a refund of this amount.
I was placed on hold for about 5 minutes, and the dude came back and told me that they would credit my Dell Preferred Credit Account (note -- this may be what made the whole thing work -- it didnt involve any "real" money changing hands) with the amount and gave me a reference number for the credit.
if you follow this advice, you might try asking for more money. just keep it reasonable. that is one thing that I said -- Dell buys windows by the gross, so it couldnt cost more than $30-$50 per seat. if you ask for too much, you will get nothing. be reasonable, and your chances were will be better.
Here's a guy who got a refund for windows from his Toshiba laptop way back in '98
http://www.netcraft.com.au/geoffrey/toshiba.html
I don't need to test my programs.. I have an error correcting modem.
Why can't I just order a computer / laptop without a harddrive? Has this been tried?
It is now. Hit reload.
I doubt you live by this ridiculous premise. Do you really hire servants everywhere you could when it would save you an hour or more per $70. Do family members get a certain amount of minutes each month? - and minutes don't rollover, Grandma! Do you treat the primary cost of food as the time it takes you to prepare and eat it?
An efficiency expert like yourself must be a joy to be around... or maybe you're just posturing, because it doesn't make sense to me that someone would say they care so much about money, and then find excuses for not collecting $200 available to them.
Those are my principles. If you don't like them I have others. -Groucho Marx
There are some people out there that are so brainwashed about measuring life based in monetary terms, that go and take a piss wondering if it is cost effective to do so.
You should have adviced Nelson Mandela that the bussiness of opossing apartheid was going to cost him 30 something years of lost earnings.
IANAL but write like a drunk one.
The unusual amounts of people killed by guns in the US in comparision with other developped countries should give you a clue about where the criminals are using guns.
IANAL but write like a drunk one.
People are forced to pay the MS tax and then Linux.
Quelle surprise.
IANAL but write like a drunk one.
And then do a quick disk wipe out.
IANAL but write like a drunk one.
Wow, that's a good deal! You should buy up like 100 copies for your best friends. I mean, they're £0 anyway. (Incidentally, how can I type £ on a USian keyboard.. I had to cut'n'paste..)