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Microsoft Laptop Recipient Auctioning Laptop

Salvance writes "While most bloggers who received the controversial Vista powered Acer from Microsoft are keeping them, Laughing Squid has decided to auction off his free laptop from Microsoft and donate all proceeds to the The Electronic Frontier Foundation. (EFF) He saw this as a great opportunity to support a worthy cause, and some other bloggers are following suit. What's funny is that Microsoft is now backpedaling and telling bloggers to send back the laptops. Do they even have a legal right to do so?"

76 of 363 comments (clear)

  1. This article needs to be changed. by DrRevotron · · Score: 3, Informative

    Microsoft isn't demanding that the bloggers return the laptops at once, which is what the wording of the article suggests - Microsoft only said that after the review is completed, he has the option of sending it back. Just my $0.02.

    1. Re:This article needs to be changed. by LunarCrisis · · Score: 5, Informative
      FTFA (the fourth link)

      Just to make sure there is no misunderstanding of our intentions I'm going to ask that you either give the pc away or send it back when you no longer need it for product reviews. The summary is still wrong, but not as wrong as you make out.
      --
      Mr. Period: Nine is the one that's right by ten!
      Nine: One day I will kill him. Then, I will be Ten.
    2. Re:This article needs to be changed. by 1u3hr · · Score: 5, Informative
      The Slashdot editorial comment: "Microsoft is now backpedaling and telling bloggers to send back the laptops. Do they even have a legal right to do so?" is misleading. The letter from MS quoted in TFA is couched as a request. No one claimed they had a "legal right" to demand their return.

      I hate MS as much as anyone, but there's no need to make stuff up.

    3. Re:This article needs to be changed. by Anonymous Coward · · Score: 4, Funny

      >I hate MS as much as anyone, but there's no need to make stuff up.
      You must be new here.

    4. Re:This article needs to be changed. by rolfwind · · Score: 5, Funny

      Let us hope so, otherwise he read that joke at least a million times.

    5. Re:This article needs to be changed. by MrShaggy · · Score: 4, Funny

      I thought that the open-source community was suposed to be better.. There are no fan-boy-fanatics, (RMS aside)

      --
      I have mod points and I am not afraid to use them.
    6. Re:This article needs to be changed. by NickFortune · · Score: 4, Interesting
      "I hate MS as much as anyone, but there's no need to make stuff up."

      Why not? Ballmer makes shit up all the time, so does gates, so does every other CEO if every other corporation, so does president, vice president and every politician known to mankind.

      Why not?
      • Because we're better than they are.
      • Because we don't need to lie to win this fight
      • Because lying devalues our credibility, and the truth is our best weapon.
      • Because telling the truth and writing better software seems to be working
      • Because Microsoft has better liars than we have, and can pay for more mouths to shout the lies. To fight them on their own terms would be suicidal.
      But mainly, because we're better than they are. And that should be reason enough.
      --
      Don't let THEM immanentize the Eschaton!
    7. Re:This article needs to be changed. by db32 · · Score: 5, Insightful

      Unfortunately that tends to be "We are going to lose, but don't know it" speak. I wonder how many politicians have been elected on the platform of "We don't have to lie because we are better" great...and you also aren't elected so your policy of not lying really means about squat because the guy who is telling all the lies is the 'decider'. Not that I really advocate lying here, just playing devil's advocate a bit.

      --
      The only change I can believe in is what I find in my couch cushions.
    8. Re:This article needs to be changed. by eeyoredragon · · Score: 3, Insightful

      Thank you... I hear this all the time in political/religious discussions. "Well, X side spreads so many lies, we're at a disadvantage, so if we exaggerate from time to time, it's ok because it balances out!"

      Balances out? How about instead of the world coming down to their side or your side, it comes down to what's true and what isn't true?? And if so, how is putting out even more false information balancing anything out?

      And if that isn't working... quite frankly, if you're the underdog, participating in falsifying information is especially risky from a pragmatic point of view. Why break the status quo to adopt the thinking of someone you've caught repeatedly lying/exaggerating to you? Cynicism and the idea that you can't trust any side generally seems to eventually beat people down into just accepting the status quo: which is not you.

    9. Re:This article needs to be changed. by false_cause · · Score: 2, Insightful

      I estimate zero. All politicians lie.

    10. Re:This article needs to be changed. by jacksonj04 · · Score: 5, Funny

      Well, mostly not. Except for Firefox zealots. And people who refuse to consider anything but Linux. Oh, and don't forget distro wars. Should I be using KDE or Gnome? Vi or Emacs?

      Interesting? Come on mods, this one is funny.

      --
      How many people can read hex if only you and dead people can read hex?
    11. Re:This article needs to be changed. by Orange+Crush · · Score: 4, Insightful
      I thought that the open-source community was suposed to be better.. There are no fan-boy-fanatics, (RMS aside)

      Every community has its fanatics. It just comes with the territory when dealing with people. Whether it's a religious, political, social or technological faction; there are foaming-at-the-mouth busybodies with agendas and megaphones and there are reasonable rational participants. In most cases, the fanatics are only a tiny minority. They're just a lot louder.

    12. Re:This article needs to be changed. by MECC · · Score: 2, Interesting

      There an old saying "those who don't do politics are done in by it"

      The notion that (mis)leading others gets you ahead worked fine when religion ran the land. With the advent of science, however, things have begun to change (bearing in mind that lying to get ahead is all but encoded into the human genome and has been the way to get things done for thousands of years). Now, you can lie all you want, and you might get ahead doing it, but it catches up with you.

      For example politicians have been trying to lie about global climate change, and now the conservative christian right and republican party are poised to be irrevocably painted as the people who fought science on climate change the most. From dying polar bears to the 41-square mile 3000 year old polar ice shelf that broke off recently, its getting harder and harder to lie about it. The conservative crusade against science, built mostly on lies, is getting its comeuppance. It worked great for awhile, and may work briefly again.

      Its true - lying gets you ahead in the short term, but it catches up with you. Smart people, like most geeks and nerds are, figure this out and avoid it.

      --
      "We are all geniuses when we dream"
      - E.M. Cioran
    13. Re:This article needs to be changed. by breckinshire · · Score: 5, Funny

      And it never gets old. I, for one, welcome our joke-repeating..

      Ah, forget it. In Soviet Russia, something or other.

    14. Re:This article needs to be changed. by Lord+of+Hyphens · · Score: 3, Funny

      Well, mostly not. Except for Firefox zealots. And people who refuse to consider anything but Linux. Oh, and don't forget distro wars. Should I be using KDE or Gnome? Vi or Emacs?


      Vi, obviously. Emacs is the tool of the devil.

      THE DEVIL, I TELL YOU!

      --
      "I've spent my whole life figuring out crazy ways to do things. It'll work." -- Montgomery Scott, "Relics"
    15. Re:This article needs to be changed. by alienmole · · Score: 2, Funny
      And it never gets old. I, for one, welcome our joke-repeating..
      ...overlords! Sheesh, don't leave us hanging like that!
    16. Re:This article needs to be changed. by drinkypoo · · Score: 2, Insightful
      Unfortunately that tends to be "We are going to lose, but don't know it" speak. I

      This is not a zero sum game. It's not a win or lose thing. By participating in open source we create more points so that we can all win.

      Yes, Microsoft is trying to crush open source. No, I don't think they have a hope in hell. No, I don't think we can sit around and do nothing to resist them. No, I don't think we have to lie. I think our best hope lies in pointing out the obvious contradictions and lies they're making. You don't see politicians do this (for the most part) because they are almost all liars. They can't go pointing out the lies of others, because they live in glass houses themselves. The tactic is simply not available to them.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    17. Re:This article needs to be changed. by Anonymous Coward · · Score: 2, Funny

      It's time for Vi and Emacs users to sign a truce.
      Only when these two camps come together can we truly begin to ridicule and disparage the users of Joe and Nano

    18. Re:This article needs to be changed. by Warg!+The+Orcs!! · · Score: 5, Funny

      surely

      In Soviet Russia, other or something

      --
      Travelling forward in time at a rate of 1 second per second.
    19. Re:This article needs to be changed. by bozendoka · · Score: 2, Funny

      In Soviet Russia, joke gives up on you?

      *tap* *tap* Is this thing on?

      --
      "You will soon be more aware of your growing awareness." - My first recursive fortune cookie!
    20. Re:This article needs to be changed. by chris_mahan · · Score: 4, Funny

      I ctrl-K all over your comment.

      --

      "Piter, too, is dead."

    21. Re:This article needs to be changed. by MrAnnoyanceToYou · · Score: 2, Funny

      On Soviet Slashdot, the unbelievably old joke ends you.

    22. Re:This article needs to be changed. by dilvish_the_damned · · Score: 3, Funny
      Well, mostly not. Except for Firefox zealots. And people who refuse to consider anything but Linux. Oh, and don't forget distro wars. Should I be using KDE or Gnome? Vi or Emacs?

      These are not the zealots you are looking for.
      --
      I think you underestimate just how much I just dont care.
  2. huh by Swimport · · Score: 4, Insightful

    For the price of these laptops they could have sent out complimentary Vista discs to thousands of these so called influential people.

    1. Re:huh by Umuri · · Score: 2, Insightful

      Um, i think what you mean is that for the price of ONE of these laptops, they could send out vista discs to thousands of influential people. You do realize their ONLY production cost when giving out freebies on vista is the cost to press a dvd/cd/whatever it is stored on.

      --
      You never realize how much manually made unmanaged "linked" lists suck, till you have src.link.link.link.link...
    2. Re:huh by dominique_cimafranca · · Score: 5, Insightful

      Given Vista's steep hardware requirements, I doubt if just sending out CDs would have done much good.

    3. Re:huh by mrchaotica · · Score: 4, Insightful

      If Microsoft wasn't so bent on keeping everything proprietary, there really would only be the cost of the media. Look, for instance, at organizations like Debian -- you don't see them paying for "key management," now do you?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    4. Re:huh by kripkenstein · · Score: 3, Insightful

      Um, i think what you mean is that for the price of ONE of these laptops, they could send out vista discs to thousands of influential people. You do realize their ONLY production cost when giving out freebies on vista is the cost to press a dvd/cd/whatever it is stored on.

      No, that's not true... think of the loss of potential revenue. Those people would have paid $300 or so per copy, which is money out of M$'s pocket... food off of their plate... money that rightfully belongs to them. Just like when you pirate a movie - regardless of whether you would have seen it legally or not - that's money that the MPAA immediately feel the loss of, when they can't afford to send their kids to college anymore.

      ("dvd/cd/whatever it is stored on" - it's a DVD. It has to be, since all Vista DVDs have both 32 and 64-bit versions on them, as well as all the functionality of 'Vista Ultimate', which you need to pay more for to 'unlock'. So you see, the additional 'Ultimate' functionality is already on the DVD, but if you don't pay extra for it, you are taking money off of Microsoft's plate... food out of their pocket... um... or something)

    5. Re:huh by Umuri · · Score: 2, Interesting

      Not particularly. Your argument in terms of piracy has one fatal flaw, and it's the same flaw the RIAA uses in its' extortion schemes in the U.S. Justice System. The loss of revenue is variable. For some people, piracy costs the RIAA absolutely NOTHING. Other's it may cost them a couple hundreds of dollars. The question here is whether or not the person would have bought it in the first place. If these reviewers, most of which from the looks of it were either against microsoft vista, or had pretty shaky views of microsoft in general, were never going to buy windows vista, microsoft loses the couple of dollars it costs to press a windows VISTA disk, because the person wouldn't have bought it anyway. It's the same reason why microsoft has abused its' monopoly status to strongarm ALL major computer assemblers to ship their computers with windows. I believe there was even a couple articles about it recently how it actually costs companies like dell and gateway MORE To ship a computer without windows then one with it. It doesn't cost microsoft anything to make a copy of a software program, and for some people, forcing them to have it is the only way they will sell it in the first place. As for the other post that replied, i know this isn't a direct thread but you cannot include management and other overhead costs in this cost evalutation, because these are not commercial sales. These are gifts from a corporation. It's the same reason why companies give employees discounts. There is no overhead, because you don't market to employees, you don't give sales pitches to employees. Most employees pay the Cost of Manufacture for items from their employers, which in this case would be a couple dollars for a dvd press. Microsoft already recoups it's devlopment, marketing, and other overhead costs in their commercial products, it's figured that way in the budget when it sets the price to sell it at.

      --
      You never realize how much manually made unmanaged "linked" lists suck, till you have src.link.link.link.link...
    6. Re:huh by julesh · · Score: 2, Interesting

      Those people would have paid $300 or so per copy, which is money out of M$'s pocket

      I doubt many of these people will pay $300 for a copy of Vista. Some of them, for instance, seem to be mac users who would never do it. Others will choose not to upgrade until they buy a new machine, so will get an OEM copy, for which MS will likely only see ~$100. Others still will skip vista and not upgrade until the next version is released, which is unlikely to take as long as vista did.

    7. Re:huh by 1u3hr · · Score: 4, Funny
      That's like saying if it weren't for car thieves necessitating keys and alarm systems, then the price of cars would only be the cost of the materials that go into it.

      Thus raising the bar for most incomprehensible and absurd "car = software" analogy.

    8. Re:huh by node+3 · · Score: 4, Insightful
      That's like saying if it weren't for car thieves necessitating keys and alarm systems, then the price of cars would only be the cost of the materials that go into it.
      It's possible to steal a car (and it happens quite often). It's impossible to steal Windows (and has never happened, ever).

      Unless you simply mean stealing the physical disc, which the key doesn't really do much to prevent.

      Copyright infringement != theft.
    9. Re:huh by kasperd · · Score: 4, Insightful
      That's like saying if it weren't for car thieves necessitating keys and alarm systems, then the price of cars would only be the cost of the materials that go into it.
      If I was going to buy a car, it would be in my best interest to have a good lock on the car. If I was going to buy an operating system, it would not be in my best interest to have loads of artificial restrictions in the operating system.
      --

      Do you care about the security of your wireless mouse?
    10. Re:huh by Znork · · Score: 2, Interesting

      "car thieves"

      You must mean 'car copiers'. Of course, I have yet to see a car alarm system prevent unauthorized copying of a car.

      But you can bet that if the gas station had not only a car washer but also a car copier we'd see the car industry yelling about how car copying was going to kill the industry and how cars would have to be protected from copying, and find a whole host of reasons why cars had to cost $20K+ even tho the car copier could churn out copies the whole day long for a couple of bucks worth of raw matter...

      As for the issue of cost of producing the first copy, _deal_ with it. The opensource community (and other highly competetive industries) has already shown how you do it; quit it with the multi-billion dollar sink-or-swim projects, release rapid incremental changes where you recuperate investment from your first mover advantage. The days where you locked yourself in your room for ten years and came out with something great are over and gone. By the time you're finished the small daily steps of the world will have left your solitary development a decade behind in the dust; collaborative interchange is vastly more powerful than the ivory tower.

    11. Re:huh by Aim+Here · · Score: 4, Insightful

      Economics lesson.

      The COST of cars is the price of the materials that go into it, plus the cost of the labour required to make and of the resources required to move it to where it is to be sold. There's also a single one-off fixed cost to begin with that relates to the factory the car is built in, plus the cost of designing the car, plus some other small sundries. Those one-off costs become less and less important, the more cars you sell.

      The price is the cost plus the profit.

      Now with a copy of some piece of software, the price of the materials, the labour required to make it, and the resources required to move it is either the cost of the box and the media it comes on (i.e. very cheap) or the price of letting the internet distribute it (i.e. more or less free). There's still a one-off fixed cost, which is the cost of writing it in the first place, but that becomes less and less important as time goes on, just like the cars. Besides, it's eminently possible to get those fixed costs taken care of for more or less nothing too. Linux does it. GNU does it. (Free|Open|Net)BSD does it. You get the picture. The reason that they're generally free (as in beer) and Windows isn't is precisely because they've relaxed the need to cover the fixed costs (and, of course, curbed Linus' immense lust for profit and power) by using copyright law to proprietarise software.

      Price again, is cost + profit. In this case, with the proprietary locks on, the profit margin is immense, because the marginal cost of what Microsoft sells is next to nothing, and that is why Bill Gates is the richest man in the world.

      Your particular analogy is broken because a) you confuse cost with price and b) ten cars costs roughly ten times as much to make (given the initial investment in making a car factory) as one car, whereas ten copies of windows costs roughly the same to make as one copy of windows (barring the fixed costs, again). The price of both cars and software is cost + profit; however with software, the cost is next to 0, and the profit only exists because of the existence of the proprietary 'locks'.

      Hope this helps.

    12. Re:huh by arkanes · · Score: 4, Insightful

      Without a *prior* contract in place, anything anyone sends to you in the mail is yours, free and clear. This is due to an old mail fraud scam, where you'd send someone magazines, or books, or whatever, and then bill them for services rendered. Shrinkwrap licenses don't work (because courts and lawmakers actually gave a shit about that kind of deceptive marketing 100 years ago). So if Microsoft sent people a laptop, if they didn't have a contract *before they sent it*, then they just gave away laptops. That's why the Microsoft letter says "give away or return", and that's why it's just spin anyway. Corporations don't give stuff like this away "just for fun". You can bet that it's entered on a balance sheet as "goodwill" somewhere. But you aren't supposed to be so obvious or extravagant with your bribes, so they're taking heat and they're trying to spin out of it.

    13. Re:huh by cloudmaster · · Score: 2, Informative

      To clarify a couple of things which are close, but not quite right above...

      From http://www.microsoft.com/windowsvista/getready/cap able.mspx :

      "To get an even better Windows Vista experience, including the Windows Aero user experience, ask for a Windows Vista Capable PC that is designated Premium Ready, or choose a PC that meets or exceeds the Premium Ready requirements"

      This would suggest that, to get the Aero User Experience(TM), one needs a Premium Ready PC. You might ask "What's a Premium-ready PC?" Well, on the same page:

      "A Windows Vista Premium Ready PC includes at least:

      1 GHz 32-bit (x86) or 64-bit (x64) processor1.
      1 GB of system memory.
      Support for DirectX 9 graphics with a WDDM driver, 128 MB of graphics memory (minimum)2, Pixel Shader 2.0 and 32 bits per pixel."

      That 1GB RAM is more than the motherboard supports on two of my machines which support 1GHz processors. 512MB will work, but even with the video card (which will run $50 or so in most retail establishments I've seen), that means no Aero for me. Well, my desire to run Linux also means no Aero for me, but that's not the point...

      Also worth noting, the "bit locker" drive encryption thing requires one to buy a "TPM" USB 2.0 key or have a system with the "trusted" chip integrated. So, no drive encryption for your machine with only USB 1 support.

      The minimum, no-Aero requirement is an 800MHz processor (not 1GHz), 512MB RAM, and the same (basically) video card, which suggests that you'll probably want a lot more than a 1GHz processor if 800 is the bare minimum to run at all...

    14. Re:huh by Vellmont · · Score: 3, Informative


      And risk that it would not install and run correctly on most of those thousands of computers? That would be a marketing nightmare. Vista is already how many years late?

      Actually Microsoft did exactly this. They gave away 20,000 copies of Vista (and Office as well), to anyone willing to watch some developer videos. I got one, and while I don't have a blog, I do make recommendations to businesses. The point is that Microsoft IS willing to take the chance that Vista doesn't work properly, at least with a large portion of non-bloggers.

      Though I do think you're right. They gave away the laptops to the top "influencers" exactly to make sure that Vista ran properly on it.

      --
      AccountKiller
    15. Re:huh by Joe+Snipe · · Score: 2, Funny

      I suddenly want to make a bumper sticker that says "My other car is an analogy"

      --
      Sometimes, life itself is sarcasm...
  3. Can they ask for them back? Yes. by j-beda · · Score: 5, Informative
    But must they be returned? Probably not. In must places, unsolicited gifts cannot have strings attached. If someone sends you something in the mail, it is yours, even regardless of what is included in it. This is to prevent people from sending out "valuable" product unsolicited and then demanding payment. This means that if someone in the shipping room makes an error and send out actual valuable product to the wrong person, typically that wrong person is under no obligation to return it.

    1. Re:Can they ask for them back? Yes. by Timesprout · · Score: 4, Insightful

      Well given that Microsoft clearly said they could be sent back or given away when they gave them out initally of course they can. Also Microsoft have not asked for the latops back. They asked that they be given away or returned to them when reviewed, very big difference.

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    2. Re:Can they ask for them back? Yes. by Bastard+of+Subhumani · · Score: 5, Funny
      They asked that they be given away or returned to them when reviewed, very big difference.
      I gave mine away, to my pet dog. He didn't like it much, so he sold it back to me for a biscuit and a tummy tickle. And I challenge any layer to prove otherwise.
      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    3. Re:Can they ask for them back? Yes. by Bloke+down+the+pub · · Score: 5, Funny
      If someone sends you something in the mail, it is yours, even regardless of what is included in it.
      And if the bank accidentally transfers money into your account you can keep it. If they ask for it back, it's entrapment. What's more, if a cop gives you a speeding ticket and he's not wearing his hat, you don't have to pay.
      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    4. Re:Can they ask for them back? Yes. by Anonymous Coward · · Score: 2, Insightful

      The kicker is how they received it and what the prior to receipt emails constitute. I went through a bunch of blogs and most just say they received it but not how. One simply said a courier arrived (suggesting not USPS) but one did specifically mention DHL. So the below may not apply....

      In the ENTIRE United States, if MS sent the item by the POSTAL SERVICE without contacting them first, it's considered unsolicited merchandise. And they can keep it.

      http://www.usps.com/postalinspectors/fraud/merch.h tm

      Not only that, it's considered ILLEGAL practice by Microsoft to do so in the first place if by USPS, not sure if in general though (someone may want to look into that).

      Not to mention, insisting that you return it MAY also be illegal (if received by USPS) esp. if they demand it, since they are under no obligation to do so, and if they are asking you to incur some debt to return the item.

      Note that I'm aware that companies do this all the time by sending stuff to reviewers in hopes of getting a review posted. There is a private courier versus postal system distinction here it seems, so this all may not apply. Furthermore, it's not clear what sending you an email and you replying with your address constitutes--are you agreeing to solicitation or not?

      It seems it depends on what the PR department said or contacted the blogger; if they say "gift" or "present" then my guess is that the blogger can do whatever. However, it does not seem that all the bloggers had the same communication with MS (not to mention received the same thing).

      Regardless, this is great. MS tried to buy off bloggers. Bloggers blow who tried to pay them off with gifts. Bloggers give Vista bad reviews. MS tries to STUPIDLY backpeddle, thus making it more public that they tried to pay off the bloggers, have a crappy OS, and now have sour grapes and want their crappy OS back, showing their immaturity at reaping what they sowed, crappy PR, and anti-competitive tactics.

      Win. Win. Win. Win.

      Now, if you'll excuse me, I'm going to buy myself a MacBook.

    5. Re:Can they ask for them back? Yes. by nacturation · · Score: 2, Insightful

      But must they be returned? Probably not. In must places, unsolicited gifts cannot have strings attached. If someone sends you something in the mail, it is yours, even regardless of what is included in it. This is to prevent people from sending out "valuable" product unsolicited and then demanding payment. This means that if someone in the shipping room makes an error and send out actual valuable product to the wrong person, typically that wrong person is under no obligation to return it. Check out the letter that Joel [on Software] Spolsky got. Here are the key quotes:
      • "I'm working on getting some hardware out to key community folks, and I'd like to offer you a review PC."
      So right away we know its purpose is as a review PC and that it's being offered, conditional upon acceptance by the blogger.
      • "Also, you are welcome to send the machine back to us after you are done playing with it, or you can give it away on your site, or you can keep it."
      Additionally, this lays out a gentleman's agreement on what can be done with the laptop: send it back, give it away, or keep it. Of course, I'm assuming that all bloggers got a similar letter. So this wasn't an unsolicited gift. They get a letter saying "Hey, I'd like to send this to you... do you agree?" and if they say "Yes, send it" then they should adhere to the gentleman's agreement they made. Does it have any legal teeth? Maybe... or maybe not. But who cares? Selling or auctioning it off, regardless of where the money goes, is not part of what they accepted the laptop for and behaving in such an apalling fashion doesn't seem honorable in the least.
      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    6. Re:Can they ask for them back? Yes. by Jah-Wren+Ryel · · Score: 5, Informative
      And if the bank accidentally transfers money into your account you can keep it. If they ask for it back, it's entrapment. What's more, if a cop gives you a speeding ticket and he's not wearing his hat, you don't have to pay.

      Smart-ass.
      --
      When information is power, privacy is freedom.
    7. Re:Can they ask for them back? Yes. by asuffield · · Score: 3, Informative

      There are numerous precedents to the contrary, although not in every jurisdiction. The question of whether non-humans have property rights is one that has been largely ignored by legislation, so the courts have been forced to make it up as they go along. While there are some dissenters, the courts are usually tolerant of the idea (although you may be required to appoint a guardian to manage their estate) - on the basis that if a person wants to provide for an animal's welfare by giving them something, they should be permitted to do so.

    8. Re:Can they ask for them back? Yes. by Secrity · · Score: 5, Interesting

      In the US and other places that use British Common Law; if the bank accidentally transfers money into your account, it is called unjust enrichment and they can take it back.

      In the US, Canada, UK, and many other countries; if somebody sends an INDIVIDUAL an item that was unsolicited, the receiver may considered it to be a gift. The laws differ by country if a BUSINESS receives something that was unsolicited.

      On a forum, a guy who sells collectibles on ebay had a big problem because he mixed up two boxes that he sent to buyers; one contained a $300 item and the other a $20 item. The seller talked to a lawyer who essentially told the seller that he was shit out of luck. The seller had the lawyer type up a (useless) letter demanding that the $300 item be returned and sent it to the buyer.

      The buyers reported to ebay/paypal that they hadn't received their items. The buyer who received the demand letter then mailed a cheap toy to the seller. A week later the buyer sent the seller a letter containing the same wording as the letter that the seller had sent, demanding that the seller return the cheap toy. Needless to say, the seller's postings became quite livid at this point.

      In the end the seller was out the $300 item and shipping costs, and both paypal transfers were canceled. One buyer received a $300 item as an unsolicited gift and the other buyer returned the $20 item to the seller (seller paid the shipping). I don't know what happened to the cheap toy.

    9. Re:Can they ask for them back? Yes. by Golias · · Score: 2, Insightful

      He's not giving it away, he's selling it. What he does with the money doesn't change that.

      If a blogger wants to write a savage review of Vista, that's awesome. I hate Microsoft, and enjoy seeing them fail.

      If a blogger wants to donate his own money to the EFF, that's also awesome. The EFF rocks, and deserves our support.

      If a blogger wants to sell something which he accepted on the condition that he would "return, give away, or keep", that's dishonest.

      --

      Information wants to be anthropomorphized.

    10. Re:Can they ask for them back? Yes. by Registered+Coward+v2 · · Score: 2, Informative

      Well given that Microsoft clearly said they could be sent back or given away when they gave them out initally of course they can. Also Microsoft have not asked for the latops back. They asked that they be given away or returned to them when reviewed, very big difference.

      Not really, in the US at least. If someone mails you an unsolicited item you are under no obligation to pay for it or return it; no matter what the sender suggests or requests.

      Most review items either require a signed agreement - when they want the item returned - or they generally tell you to keep it after you've reviewed it. We'd get random items to review in the mail on occasion as well, and depending on what they were we'd run it or not.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    11. Re:Can they ask for them back? Yes. by node+3 · · Score: 2, Insightful

      He's not giving it away, he's selling it. What he does with the money doesn't change that. Yes, it does. You might have a point if he sold it, then later decided to give the money away. But he's already promised the proceeds to charity. Functionally, it's no different than had he donated the notebook to the EFF directly for them to auction off.
  4. unconcious bias by purplelocust · · Score: 4, Informative

    Presumably, Microsoft read the same New York Times Op-Edon bias as everyone else, that basically says that people claim to be uninfluenced by things like this but that they really are fooling themselves and are biased. Microsoft wouldn't have done this laptop giveaway if they didn't think it would work- that is, result in at least slightly better reviews than they would have gotten otherwise.

    1. Re:unconcious bias by Gregory+Cox · · Score: 3, Insightful

      But there are other benefits to Microsoft besides unintentional bias.

      Just having enough influential bloggers get used to using Vista and writing about it may well help to increase its popularity by word of mouth (assuming it's not actually dramatically worse than XP). This is the "first hit is free" or "cinema preview" effect.

      Letting bloggers who are likely to try Vista use a super-fast PC to give them the best possible user experience is also likely to cut down on negative comments.

      At this stage, when Vista adoption rates are not yet decided, Microsoft would be happy to give away Vista machines or even pay people to take them. But that looks too much like bribery, which is bad PR, and it looks like they backtracked because they realised that.

      In retrospect, they probably should have only sent out review copies and asked for them to be sent back, to get the positive effects of publicity without the accusations that they were trying to buy good reviews.

      --
      If you all Google Slashdot, will it Slashdot Google?
  5. Slashdotters heads explode by Anonymous Coward · · Score: 3, Funny

    Just a day ago we were all jealous and against anyone who'd dare to keep a laptop from Microsoft, and already we have to defend them? *BOOM* Good God, I can't figure out how I should blame Microsoft now. Please help me out, folks.

  6. Re:why should they by flimflammer · · Score: 2, Interesting

    I once had an Acer Ferrari laptop a while back (I helped someone get an ebay business started and they gave it to me as a gift)

    It actually was a very decent machine. It was pretty fast. The price tags are a little enormous though, especially considering the speakers were such crap you'd hear static on even low volume settings.

  7. Re:Hey by Opportunist · · Score: 2, Insightful

    For reference, see SCO and their trialmania.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  8. Yawn by WalterGR · · Score: 2, Interesting

    Yawn is all I can say.

    Okay, not the EFF, but how about

    From Lawrence Lessig's blog: "So we have 10 days left in the Creative Commons campaign. This is not a drill. We are down to the last $100,000, and really need your support..." (source) And then a few days later... "At 12:30pm, an envelope from Redmond appeared at the Creative Commons office. Inside, a check for $25,000. From Microsoft." (source))
    1. Re:Yawn by SeaFox · · Score: 2, Informative

      You realize you're posting about events that happened in 2005, right?

  9. Blogger control by kahei · · Score: 5, Funny


    The real news here is how snobbish, foppish and whiny that blogger is. Is this what the blogosphere is like?? Is it really ruled by Mac-obsessed almost-hipsters with unwise facial hair and diagonal black-and-white photos of themselves? Do they really whinge on about how they're too clever to use Vista and how their webcasting startup will change the face of the Internet (sidebar on the right)?

    Is this it, after 10 years of evolution?? Nathan Barley writ small, throwing a hissy fit because the wording of the letter on a review item was vague? THAT is a blogger important enough to merit unsolicited review junk??

    Yeesh.

    --
    Whence? Hence. Whither? Thither.
    1. Re:Blogger control by Bazman · · Score: 5, Funny

      No, its much worse, this is it after four and a half billion years of evolution.

  10. This article is misleading. by wng_z3r0 · · Score: 4, Interesting

    First: a disclaimer (though I think it's irrelevant) I am a Microsoft MVP Now then, The little news blurb is misleading. The first time I read the post, I thought that Microsoft was unhappy that the blogger was donating his machine to charity and demanded the laptop back. Upon thorough reading of the included links, it is apparent that Microsoft has asked the blogger to give the laptops away (in support of the auction) or send them back to Microsoft. If you are going to include everything that Microsoft has done wrong, you might as well nail when they *actually* screw up. Trust me, there are enough of those to keep /. busy without misrepresenting stories. wng

  11. Re:ummm okay by Anonymous Coward · · Score: 2, Funny

    If you piss of MSFT, you get a Ferrari Laptop.

    If you piss Steve off really well, you get the chair.

  12. INNACURATE by Anonymous Coward · · Score: 3, Informative

    The writer for this article is spinning this article. According to the links, MS is asking them to return the laptops *OR* give them away as a gift. By reading the submission alone we are led to believe that MS is merely asking for them back. I'm not condoning their actions or anything but let's call an orange an orange!

  13. I think your bias is getting in the way by ctid · · Score: 2, Insightful

    The article isn't misleading at all. One blogger has decided to auction his laptop and give the proceeds to the EFF. Separately, Microsoft has decided that keeping the laptops is no longer an option. That's how I read the article summary. On reading the linked articles it becomes clear that they are concerned about the conflict of interest so they either want them back or they want them donated to somebody else. All of this seems reasonable (if a little odd) to me. The only unreasonable thing about the whole affair is that Microsoft didn't seem entirely clear about what the conditions should be when they sent out the laptops.

    --
    Reality is defined by the maddest person in the room
    1. Re:I think your bias is getting in the way by node+3 · · Score: 2, Insightful

      Actually, it's sillier than that.

      He actually *is* giving the laptop away. He's giving it (the monetary value) to the EFF. He's not profiting from it directly at all.

  14. Re:ummm okay by AxminsterLeuven · · Score: 2, Funny

    I pissed off Ferrari once, and they sent me a Microsoft sports car. I had a feeling they were trying to kill me when I was doing 200 KM/H on a German highway and my front windshield windows turned blue.

  15. Re:They hate M$... by pandrijeczko · · Score: 3, Insightful
    Actually, his point is well made because Slashdot is already infested with far too many fanboys who seem to forget that Apple is out to make just as much money as Microsoft wants to.

    And the sooner these fashion followers/brand junkies start making informed decisions about what to spend their money on then the better it will be for the rest of us - because then these corporations need to start creating good, value for money products rather than something with a pretty logo on it.

    And as for your post, sitting there in your anonymous little dark cupboard ready to just throw abuse at anyone who posts something you don't personally like (perhaps you're a fanboy yourself?) is trollish behaviour if ever I saw it.

    --
    Gentoo Linux - another day, another USE flag.
  16. Well by mtec · · Score: 2, Interesting

    You can't un-ring a bell
    once the sound waves get out.

    When I read a review
    there always be doubt.

    Were the words to critique?
    Were the words to describe?

    Is that glowing review
    the result of a bribe?

    They sent Ultimate insults
    with Ferrari toupees

    When they should have
    just let the chips
    fall where they may.

    --
    Cake or Death? Cake Please!
  17. Your analysis is faulty by MarkusQ · · Score: 3, Insightful

    If your goal is to spread truth (e.g. if the main reason you oppose X is that it is based on / spread by lies) you may find yourself faced with just the sort of decision you describe. But you have mischaracterized the alternatives. Your actual options are:

    1. Continue to insist on the truth, even though your opponent's lies may give them an edge and thus you might lose.
    2. Start lying as well, in which case you automatically lose.

    Remember, winning the battle is a means to an end. If you do something to "win" the battle that prevents you from obtaining your ultimate goal, it does your cause more harm than good.

    --MarkusQ

  18. my laptop was sent without return instructions by laughingsquid · · Score: 5, Informative

    There seems to be quite a bit of misinformation here regarding my "agreement" with Microsoft (there wasn't any) regarding what I can do with the laptop. I've updated my blog post with the following:

    As I mentioned in my original post on the laptop, the only communication I received about this was an email from Edelman. The email stated that Microsoft was sending me a "present" with "no strings attached" (those were the exact words used in the email). They did not include any instructions at all regarding what to do with the laptop. Also, I did not receive the same email as the other bloggers, including the follow-up email that was sent by Microsoft to Marshall Kirkpatrick asking him to return or give away the laptop. I have asked Edelman for an explanation regarding this inconstancy, but have not yet received one. So just to be clear, I was never sent any kind of instructions on what to do with the laptop and I did not sign anything, including an NDA.

  19. Lie and deceit harms yourself by Steeltoe · · Score: 3, Interesting

    If you chose to lie, you deceieve others. You push a view on them that twists them from the truth, from reality.

    You have then already lost. Whatever you think you can win that is not based on truth, will not prevail and will always be there in the back haunting you. Any pleasure you get out of it will come with a hook, back to the shady past.

    Truth will set people free. Basically, the only evil, or rather the ignorance, in this world is when people believe the means justifies the ends. Nobody kills or steals just out of spite, or if they do, they have some serious hurt they are not able to cope with. Such self-destructive behaviour should be pitied and helped, not condemned or judged. Jesus allegedly said: For you shall yourself be judged - or put another way: When you judge others, you will judge yourself just as harsh - it's just that time makes the illusion of it not already happening.

    Just happily playing God`s advocate. =)

  20. ...but isn't a blogger a journalist? by Half-pint+HAL · · Score: 2, Interesting

    Microsoft's main blurb gave three options: return, give away or "hold onto for as long as you like". Sell was not an option.

    This is really interesting in a legal, pedantic way.

    Consumer law should may support the claim that "hold onto for as long as you like" = "you own it". Certainly, no court case that I'm aware of has ever supported the "not for resale" clause attached to practically every video and piece of software on the shop shelf.

    But does consumer law apply here? Bloggers have been touting themselves as "citizen journalists" for some time now and here Microsoft have taken the very bold step of taking that claim seriously. With the odd exception (when the marketers foolishly described the laptop as a "gift for you"), the review kit was sent out in accordance with standard journalistic practice. I'm not in the press, but it's pretty common practice to send review kit with the option to give away. In the press, give away generally means a competition prize. What Microsoft wanted was more than just a bunch of reviews -- they wanted a few dozen free computers that everyone on the internet wanted to win. Off the back of this, they wanted Vista to become a prestige item.

    Of course, being "citizen" journalists, the bloggers just weren't used to this sort of thing and didn't know what the letter meant, but the professional journalists would have understood it perfectly well.

    If these bloggers are the journalists that they claim to be, then they should be able to take the bold step of adhering to journalistic conventions, rather than hiding behind consumer protection laws.

    Bloggers can't have it both ways: either they're journalists, free to protect their sources (cf the leaks from Apple), or they're consumers.

    Oh, and if they don't adhere to journalistic conventions, neither Microsoft nor any other major company will ever offer them competition prizes again.

    Citizen journalists score own goal.

    HAL.

    --
    Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
  21. Global warming shows danger of exaggerating by alexhmit01 · · Score: 2, Insightful

    The environmental left, which seems to be run by anti-capitalist intellectuals and the general misfits, though the foot soldiers are normal caring people that want to leave the world better, not worse, adopted the Marxist/Leninist ends justify the means, and it blew up in their faces. For example, there is now pretty much incontrovertible evidence that humans ARE causing an unprecedented shift in certain chemicals that tend to correlate with climate change in the past, and evidence that we are causing climate change. However, the champions of this are the same malcontents that championed global cooling, zero population growth because we were going to run out of food, and other problems that do not exist. They BLEW there credibility.

    The peak oil analysis is interesting (I don't agree, I think that the Saudi Prince put it best, the stone age didn't end because people ran out of stones), but the market is more resilient than the "keep trends constant" analysis that it does, and ignores that as the long-term price goes up (not short-term spikes), certain fields become profitable and oil flows, in addition, alternative energy sources that weren't viable at $20/barrel are at $40, more are at $60, and at $80-$100/barrel, a whole bunch of technologies championed by environmentalists become economically viable.

    However, when you blow your credibility, then people trust you less. Fighting Microsoft on the business communications front is stupid, that is their strongest point. They have never hit their shipment or technology targets, never released innovated software, but they DO put out roadmaps and communicate well. Fight them in software land, and keep nibbling their market. Remember, software is a high fixed cost, zero marginal cost game, every lost sale to them comes directly off the bottom line, weakening them for the next round. It costs the same to develop NT 7.0 whether they hold 95% of the market or 80% of the market, so losing 15% of the market no doubt hits profits by 30% of more. It's a game of inches.

    However, if you blow your credibility, its REALLY hard to get it back. Microsoft's Cairo and Longhorn debacles have strained their credibility, which is why both Linux and OS X are making strides, Microsoft's miss-execution invited competition. There is no need to blow your own credibility.

    1. Re:Global warming shows danger of exaggerating by MECC · · Score: 2, Insightful

      The environmental left, which seems to be run by anti-capitalist intellectuals and the general misfits, though the foot soldiers are normal caring people that want to leave the world better, not worse, adopted the Marxist/Leninist ends justify the means, and it blew up in their faces. For example,there is now pretty much incontrovertible evidence that humans ARE causing an unprecedented shift in certain chemicals that tend to correlate with climate change in the past, and evidence that we are causing climate change. However, the champions of this are the same malcontents that championed global cooling, zero population growth because we were going to run out of food, and other problems that do not exist.

      Actually, scientists also "championed" global climate changes being correlated to rising CO2 levels. The above statement almost lumps them in with all anti-capitalist leftists. Some hippie scientist also 'championed' the idea that the earth revolved around the sun at a time when it was politically unsavory . He paid for it in the short term, but he was still right, and the lies of his opposition ultimately caught up with them.

      The interesting thing about the environmental commie leftists is that now George w. Bush has to start agreeing with them, at least with respect to polar bears. But, polar bears may stage a comeback and totally blow the hippies' credibility out of the water. One can only hope.

      --
      "We are all geniuses when we dream"
      - E.M. Cioran
  22. Re:They hate M$... by Lord+of+Hyphens · · Score: 2, Funny

    Steve really wants to change the world. He doesn't want the world changed, he wants Steve Jobs to be the world changer. Money is just a means to that end.

    Hold that thought for a minute while I go sell my Apple stock.

    --
    "I've spent my whole life figuring out crazy ways to do things. It'll work." -- Montgomery Scott, "Relics"