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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)."

15 of 225 comments (clear)

  1. Progress. by nozzo · · Score: 5, Interesting

    This is progress, the more this happens the better the choice for the consumer. It shows the vendors that users prefer OS choices a la Dell.
    True, this is but 1 user but every little helps as we say in the UK.

    1. Re:Progress. by chromatic · · Score: 4, Funny

      The Via Dolorosa's pretty narrow. Also, it's in Jerusalem.

      --
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    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:Progress. by lbbros · · Score: 4, Informative

      Although it is a legal precedent, it must be noted that Italian law is not based on precedents, like UK or USA. Even the rulings of our "Corte di Cassazione" (akin to the Supreme Court) are not completely binding (i.e. they show the "correct" interpretation of the law but judges can decide differently).

      --
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    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.

  2. 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.

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    2. Re:MS Tax by Spy+der+Mann · · Score: 5, Funny

      90 euros for XP, $130
      50 Euros for Works, $70.

      Telling Microsoft to take their software to the dumpster: Priceless.
    3. Re:MS Tax by jollyreaper · · Score: 5, Funny

      90 euros for XP, $130

      50 Euros for Works, $70. Canadian dollars, right? So in American that guy just got back $10k, right? Payday!
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    4. 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.

  3. Plenty of other (successful) attempts at this... by Aehgts · · Score: 5, Informative

    As a quick google search's first few results show: this has been done in the US and Australia in the past with at least Dell and Toshiba and has been followed on slashdot before.

    --
    "If we knew what it was we were doing, it would not be called research, would it?" - Albert Einstein
  4. Re:Any other attempts at this? by falconwolf · · Score: 4, Informative

    Assuming the EULA is the same in the US and elsewhere, I wonder why this has not been tried before, and if it has, does anyone know the outcome?

    It may be a hassle but people in the US have been getting refunds for years. Here's an article, "Windows license opens door for Linux refund" on how people in the late '90s were requesting refunds. It mentions /. and how /.ers got involved.

    Falcon
    --
    Should there be a Law?
  5. He got costs, too by belmolis · · Score: 4, Informative

    Not only was the buyer reimbursed 140 euros for the unwanted software, he was awarded 2,300 euros in legal costs. Refusing to abide by the EULA could get expensive for vendors.

    1. 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.

  6. Re:Work still has to be done by udippel · · Score: 5, Funny

    It went off-line long ago! It was www.wondowsrefund.net

    No winder it went off-line !