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Lenovo Requires NDA For Windows License Refund

tykev writes "A customer wanted to return the license for preinstalled Windows Vista Business that came with his Lenovo laptop. After some lengthy negotiations with representatives of Lenovo's technical support and management, he was offered financial compensation for returning the license in the amount of CZK 1950 (USD 130, EUR 78), pending his acceptance of a non-disclosure agreement that would cover the entire negotiations with the company and its results. He declined and published his experiences on a Czech Linux website. The website editors decided to reward the customer for publishing the article by paying him an author's royalty in the same amount as was the offered compensation for returning the license."

22 of 321 comments (clear)

  1. The big thing from the article by Evets · · Score: 1, Informative

    130 US is only worth 78 EU.

  2. Right Now, In the U.S. Vista Cost You $349 by mpapet · · Score: 5, Informative

    Before anyone goes blathering on about "ufair" this and "innacurate" that, follow my test.

    1. Visit Dell.com on two different browser tabs.
    2. Tab #1 starts here.http://www.dell.com/content/topics/segtopic.aspx/linux_3x?c=us&cs=19&l=en&s=dhs
    3. Tab #2 starts here. http://www.dell.com/content/products/productdetails.aspx/xpsnb_m1330?c=us&l=en&s=dhs&cs=19
    4. Configure the Vista product with the ultimate version. That is roughly feature equivalent to Ubuntu.
    5. Pay attention to the hardware options because the Linux product has fewer and generally more storage/RAM.
    6. At the end, you should have a spread of about $349.

    So, Vista costs the consumer $349 OEM through the consumer URL.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
    1. Re:Right Now, In the U.S. Vista Cost You $349 by Briareos · · Score: 2, Informative

      Pick your poison.

      Gotta love EU-wide price comparison sites.

      np: Landesvatter - Raun. (Lax)

      --

      "I'm not anti-anything, I'm anti-everything, it fits better." - Sole

    2. Re:Right Now, In the U.S. Vista Cost You $349 by themacks · · Score: 2, Informative

      I followed his instructions and got $420 difference and I selected Home Premium instead of Ultimate, the only difference between the two is the wireless adapter. Both are XPS M1330

      Ubuntu Configuration Subtotal $1,029
      SYSTEM COLOR Tuxedo Black
      PROCESSOR Intel® Coreâ 2 Duo T5850 (2.16GHz/667Mhz FSB/2MB cache)
      OPERATING SYSTEM Ubuntu 8.04 with DVD Playback
      LCD AND CAMERA Standard Display with 2.0 Megapixel Webcam
      MEMORY 4GB Shared Dual Channel DDR2 SDRAM at 667MHz
      HARD DRIVE Speed: 320GB SATA Hard Drive (7200RPM) with Free Fall Sensor
      INTERNAL OPTICAL DRIVE CD/DVD burner (DVD+/-RW Drive)
      VIDEO CARD Intel® Integrated Graphics Media Accelerator 3100
      WIRELESS CARDS Intel® 3945 802.11a/g Mini-card
      BATTERY OPTIONS 37Whr Lithium Ion Battery (4 cell)
      SOUND OPTIONS High Definition Audio 2.0


      Vista Home Premium Configuration Sub Total $1,449.00
      SYSTEM COLOR Tuxedo Black
      PROCESSOR Intel® Coreâ 2 Duo T5850 (2.16GHz/667Mhz FSB/2MB cache)
      OPERATING SYSTEM Genuine Windows Vista® Home Premium Edition SP1
      LCD AND CAMERA Standard Display with 2.0 Megapixel Webcam
      MEMORY 4GB Shared Dual Channel DDR2 SDRAM at 667MHz
      HARD DRIVE Speed: 320GB SATA Hard Drive (7200RPM) with Free Fall Sensor
      INTERNAL OPTICAL DRIVE CD/DVD burner (DVD+/-RW Drive)
      VIDEO CARD Intel® Integrated Graphics Media Accelerator X3100
      WIRELESS CARDS Dell Wireless 1395 802.11g Mini Card
      BATTERY OPTIONS 37Whr Lithium Ion Battery (4 cell)
      SOUND OPTIONS High Definition Audio 2.0

      --
      i read about it in a blog once
    3. Re:Right Now, In the U.S. Vista Cost You $349 by netringer · · Score: 3, Informative

      Before anyone goes blathering on about "ufair" this and "innacurate" that, follow my test.

      1. Visit Dell.com on two different browser tabs. ...

      You'd be better off visiting in two different browsers. Else the site knows it's you because you have a common cookie.

      I have had better luck getting unique results by using two different browsers.

      --
      Ever dream you could fly? Get up from the Flight Sim. I Fly
    4. Re:Right Now, In the U.S. Vista Cost You $349 by Anonymous Coward · · Score: 1, Informative

      That was too lame. Get out of here.

  3. Re:Consise and entertaining by Anonymous Coward · · Score: 1, Informative

    Slashdot mangled most of the czech chars with diacritics and all those words are untranslated. Try translating the original text.

  4. Re:Requiring NDA is changing the rules of the game by TheRealJobe · · Score: 3, Informative

    The EULA does not specify it is not. Lenovo, as would any reasonable business, saw this as a legal transaction with an unfamiliar party. Asking them to sign an NDA is not unreasonable. The customer could have done a simple web search and found that people have had a higher success rate going straight to MS. As I did, and found it to be a relatively simple process.

  5. Re:Consise and entertaining by Anonymous Coward · · Score: 5, Informative

    "The operator girls on the Lenovo phone line were very nice. After hearing my request they wanted to reject, but after I cited them the respective part of the licence, they asked for few days to find out the current state from the company management. Obviously I got with that one level higher, as next round of phone talks started"

  6. Re:Requiring NDA is changing the rules of the game by cawpin · · Score: 2, Informative

    No, but the OEM's agreement with MS does. MS has confirmed multiple times that customers are eligible for a refund of the cost of Windows if they aren't going to use it.

  7. Re:The only english story on the site by LubosD · · Score: 5, Informative

    The article was published in English, because it was found interesting for people outside the Czech Republic. We have published several other articles in English so far, typically interviews, but it's always an exception.

  8. Re:Translation request - thanks by HeronBlademaster · · Score: 2, Informative

    Replace "Microsoft" with "Lenovo" and your summary of the summary is correct.

  9. Re:Consise and entertaining by Anonymous Coward · · Score: 1, Informative

    It actually says... "The operators at the Lenovo call line were very kind. After hearing my request they were about o decline me, but after I've quoted the related part of the license agreement, they've asked for a few days to find out the current status from the management. This obviously got me one level up, for now I've entered a round of phone calls."

    On the last page, you'll find out they all murdered him while the train was in the tunnel. Oops, I shouldn't have said that!

  10. Re:The real question: by azgard · · Score: 4, Informative

    Exactly. By the way, we are just Czechs now, but for Slovaks this procedure could easily apply too.

  11. Situation is not better for resellers by PsyQ · · Score: 4, Informative

    To my company, the best Lenovo could manage was a "If you bulk purchase 100 laptops of the same type we can negotiate downgrading them to Vista Home, but we will not refund the license.", after about a dozen e-mails.

    Dell, on the other hand, refunds licenses after just two minutes on the phone.

    Disclaimer: I've been trying to purchase brand-name laptops without an operating system for more than eight years now. Recently I've signed up as reseller for several big laptop manufacturers, who will remain anonymous. It's still impossible to get even a single one of them to accept the EULA and refund licenses to my customers. Also, the EULA says that my company would have to refund my customer, but none of the manufacturers so far gave me a way to get my money back from them. So if you're wondering why every store tells you that refunds don't exist, this might be it.

    If you want to sell brand-name stuff without OS, the only choice you have is to contact another reseller who is a key account with the big guys. These resellers can sometimes get you built-to-order machines. Those, on the other hand, are often more expensive than a similar stock machine WITH Vista Pro, so if you think your customers are saving any money there, think again. All you get is the added inconvenience of waiting for the BTO.

    If the manufacturers would at least honor the EULA, I could buy those machines with Windows and return the licenses myself, passing the savings on the customer. Since they don't, I can't even do that.

    1. Re:Situation is not better for resellers by joostje · · Score: 2, Informative

      These resellers can sometimes get you built-to-order machines. Those, on the other hand, are often more expensive than a similar stock machine WITH Vista Pro

      Noticed the same in The Netherlands. When on holiday in Bulgaria, I saw in ordinary shops several brand-laptops without windows (some without OS, some with linux). These tended to be the lower-end models, but dropping windows did appear to reduce the price by about 100 EUR for a comparable model. Also, the windows-less moddels were the ones with OSS-friendly graphics and wireless cards.

      So, I bouth my Toshiba Satellite L40-17O in Sofia in a shop that somewhat resembles 'mediamarkt'. They still have a windows-less laptop available (845 Lev = 435 EUR), so at least in some EU countries it is possible to by laptops without Windows. Maybe the market in new EU memberstates is more free than in the old memberstates?

  12. Re:Vista is pants by Atti+K. · · Score: 4, Informative

    This might help.

    --
    .sig: No such file or directory
  13. Re:Traslations... by gardyloo · · Score: 2, Informative

    Thurber said, in response to someone who said his stuff was great in French: Yes, my works lose something in the original.

  14. Re:He's from the Czech by operagost · · Score: 4, Informative

    You must be missing the first punchline, which is, "Looks like the bitch got Hungary."

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  15. Re:Vista is pants Is this in reference to Lloyds? by davidsyes · · Score: 5, Informative

    http://news.bbc.co.uk/2/hi/uk_news/england/shropshire/7585098.stm

    "A man who chose "Lloyds is pants" as his telephone banking password said he found it had been changed by a member of staff to "no it's not"."

    ""But what really incensed me was when I was told I could not change it back to 'Lloyds is pants' because they said it was not appropriate.

    "I asked if it was 'pants' they didn't like, and would 'Lloyds is rubbish' do? But they didn't think so.

    "So I tried 'Barclays is better' and that didn't go down too well either.

    "The rules seemed to change, and they told me it had to be one word, so I tried 'censorship', but they didn't like that, and then said it had to be no more than six letters long." "

    ----

    So, this is my position/question:

    Why the HELL was a low-level functionary employee able to "see" the true password of a customer? The frackin password should have been a reduced or hashed form so that even if an IT person can copy and paste it in a local system, they could not know the contents and be able to type it in at a point of sales station or an ATM, or on any sites that reject copy-paste-in passwords...

    --
    Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
  16. Re:Requiring NDA is changing the rules of the game by trewornan · · Score: 3, Informative

    I'm surprised they've not changed their EULA yet to eliminate this whole refund bit.

    Because they can't. The (dodgy) legal ground EULAs stand on relies on the users acceptance of the terms and conditions, if they don't offer a refund for people who don't accept then they've sold a defective product.

  17. Re:Vista is pants by VJ42 · · Score: 2, Informative

    I personally don't see why pants (or underpants, as is more likely meant in the UK) should be associated with being crappy-in-an-incompetent-way, (under)pants, as an AC wag already pointed out, do a sterling and important duty. But that's the way it is.

    It may have someting to do with the fact that underpants are in contact with your Arse, and that's about the amount of respect you give the crap product\company. i.e it's only worthy of being where you can shit on it.

    --
    If I have nothing to hide, you have no reason to search me