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Italian Judge Tells HP To Refund Pre-Installed XP

Posted by kdawson on from the fair's-fair dept.

Paolo DF writes "An Italian user asked for a refund after buying a Compaq computer that came with Windows XP and Works 8 pre-installed. HP tried to avoid the EULA agreement which states, approximately: '[I]f the end user is not willing to abide by this EULA... he shall immediately contact the producer to get info for giving back the product and obtaining refunds.' The court ruled in favor of the user (Google translation from the Italian), who received back €90 for XP and €50 for Works. Here is the ruling (PDF, Italian)."

6 of 225 comments (clear)

  1. MS Tax by indy_Muad'Dib · · Score: 5, Insightful

    90 euros for XP, $130

    50 Euros for Works, $70.

    so why do we only get back around $10 for a XP turn in?

    1. Re:MS Tax by JoshJ · · Score: 5, Insightful

      Because Microsoft owns a significant chunk of the American political machine, but owns very little of the European one.

      --
      Care about privacy? Read this!
    2. Re:MS Tax by Sterling+Christensen · · Score: 4, Insightful

      It's probably because US retailers think it should count that they bundled Windows with sponsored crapware bringing net cost down to $10, while the Italian Judge (quite reasonably) thought it shouldn't.

  2. Re:Progress. by AusIV · · Score: 5, Insightful

    True, this is but 1 user but every little helps as we say in the UK.

    It's not just one user. It's a legal precedent. Now Italian Linux users may be more likely to request refunds for Windows licenses that come with computers, and since there's a legal precedent, the vendors may be more likely to comply.

  3. Re:He got costs, too by Gertlex · · Score: 4, Insightful

    Oh no, a bit of legal costs!

    What I love about this case is that the reimbursement was completely in line with damages. None of that hundreds of thousands of dollars (euros) crap.

  4. Re:Progress. by the_womble · · Score: 4, Insightful

    So by your logic because there is a Eula, as opposed to nothing, MS is on the hook for your whims? Incredible.
    Yes, if MS requires a EULA, you have the right to reject it.

    What if I wanted Windows but decided to use another OS because I did not wish to agree with a clause in the EULA? I already own the hardware and have every right to keep it, so I should be able reject the EULA and get a refund on Windows.

    According to you, MS should be able to impose whatever arbitrary conditions they want on the use of a produce AFTER getting paid for it, and consumers should have no alternatives other than not using the product (which they have paid for) or agreeing to MS's conditions. Now that really is incredible.

    As for paying for the war etc., are you suggesting that no-one should raise any minor issue until all major political issues are sorted out? Then you can NEVER raise any consumer rights issue because there will always be something more important.

    You do realise that complaining about MS does not preclude caring about other issues. I am opposed to the US invasion of Iraq AND corruption AND anti-competitive product bundling.

    Yes, I can actually have opinions on three issues at once. If your brain explodes if you have to think about more than one issue a month, that is your problem.