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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$10,000+ a year per user on software licenses, maintenance, and hardware. And they still need Windows for it, so if you price in Windows across the board (those who need it and those who don't want it). I'm sure that percentage of overall cost falls even lower -- making it seem to me that trying to get a refund doesn't show a big return on investment overall.
In this user's case, it may have been (I wouldn't have gone through the hoops, I'd buy an OEM laptop from another manufacturer such as Averatec), but I don't see that being true for most cases.
I thought most linux geeks did this already, shoot with my 1999 IBM laptop i got a 130$ 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.
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!
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 $50, I might not. It depends. But there's no way of knowing!
8 of 13 people found this answer helpful. Did you?
This will suck for MS. I already have my own personal copy of XP Professional I'd like to install on a fresh lappy, and I wish they were sold without added software and an OS. This will kill most of MS's profits, since people will just say "I already own XP, why can't I just put it on another computer?" THEN people will start to see how convoluted the MS EULA really is. They won't switch to Unix like some people would hope, but there will be more "pirates" that install the same OS on different computer's they own. Of course I don't read the EULA like most people and it probably allows you to install a copy of XP on computers that you own.
Uh...obligatory "DOWN WITH MICRO$OFT!" comment.
In Soviet Russia, dots slash you!
How can they? The whole point is that he's not a Windows user, and was claiming a refund as he had no intention of using it.
It's official. Most of you are morons.
'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.
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.
/. fixed it for you
I thought the copy of Windows XP was the tax?
First Novell partners with M$ and now Dell is actually refunding money? I'm pulling out the wool underwear, hell hath frozen.
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.
(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.
more like $1.85
my password really is 'stinkypants'
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!
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.