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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."

48 of 321 comments (clear)

  1. Vista is pants by Anonymous Coward · · Score: 5, Funny

    Vista is pants

    1. Re:Vista is pants by Anonymous Coward · · Score: 5, Funny

      no it's not

    2. Re:Vista is pants by Millennium · · Score: 5, Funny

      Linux is better

      (This post is a violation of your bank's terms of service. Please choose another post instead.)

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

      This might help.

      --
      .sig: No such file or directory
  2. I read that as "DNA"... by HetMes · · Score: 5, Funny

    ...which didn't even seem that implausible at the time.

    1. Re:I read that as "DNA"... by Enki+X · · Score: 5, Funny

      National Dyslexics Association?

      --
      On second thought, let's not go to the internet. 'Tis a silly place.
    2. Re:I read that as "DNA"... by Anonymous Coward · · Score: 5, Funny

      No, that's ADN.

      I know because I'm a member...

  3. Right so now we know the minimum by MosesJones · · Score: 4, Interesting

    So now we know the minimum we should accept. Time to start negotiating upwards to see what other numbers can be achieved.

    That is probably the most effective way to start companies shipping hardware only or Linux pre-installed as the negotiation process will cost money. If 1,000 people went through this process with Lenovo (or Dell, or HP, etc) then we would probably see more progress than 5 years of bitching has managed to achieve.

    Kudos to the guy

    --
    An Eye for an Eye will make the whole world blind - Gandhi
    1. Re:Right so now we know the minimum by MosesJones · · Score: 4, Interesting

      Or they'd publish a fixed price which means you could cost it out. Which after all is what we all want isn't it?

      --
      An Eye for an Eye will make the whole world blind - Gandhi
    2. Re:Right so now we know the minimum by truthsearch · · Score: 4, Insightful

      Really? I think most people would want their $130 USD back if they knew they qualified for it. It's not a lot of money, but it's not a trifle, either.

  4. Consise and entertaining by Timesprout · · Score: 5, Funny

    I especially liked this bit

    Sleny operátorky na lince Lenovo byly velice milé. Po vyslechnutí mého poadavku m chtly odmítnout, ale poté, co jsem odcitoval píslunou ást licence, si vyádaly pár dní na zjitní aktuálního stavu od vedení firmy. Tím jsem se viditeln dostal o úrove vý, nebo nyní následovalo kolo telefonních rozhovor.

    I dont know what it means but I like it. I think.

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
    1. Re:Consise and entertaining by Tony+Hoyle · · Score: 4, Funny

      Hmm.. "Sleny operators on the line Lenovo was very beautiful. After hearing my requirement m chtly refused, but after I odcitoval píslunou part of the licence, the vyádaly few days to zjitní current state of company management. Thus I got the viditeln level amount, or now, followed by round of telephone interview."

      Still don't know what it means, but I agree with you.

    2. 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"

  5. Re:He's from the Czech by everphilski · · Score: 5, Funny

    Is it wise to be Russian into these kinds of jokes in this political environment?

  6. Requiring NDA is changing the rules of the game. by coats · · Score: 4, Insightful
    The EULA doesn't specify that an NDA is required for a refund, so Lenovo is trying to change the rules of the game in a way contrary to (US-style, anyway) contract law. Lenovo's action is unconscionable (and should be actionable, for that matter).

    There go Lenovo's chances on my next laptop purchase.

    --
    "My opinions are my own, and I've got *lots* of them!"
  7. Stupid Lenovo... by bennomatic · · Score: 5, Insightful

    ...Everyone knows you make them sign the agreement *before* making an offer!

    --
    The CB App. What's your 20?
  8. Re:He's from the Czech by Dunbal · · Score: 5, Funny

    Yeah I think it's NATO good idea. Ukraine never know where it will stop.

    --
    Seven puppies were harmed during the making of this post.
  9. The only english story on the site by krgallagher · · Score: 4, Interesting
    [disclaimer]I love the Czech. I have family there and have been to the Czech Republic a couple of time.[/disclaimer]

    I wonder why on a Czech web portal, that one news article was in English. I did a little looking around trying to see if I could find any other pages in English but that was the only one. It was also the only one that had a /. submit script on it. Even the Czech version of the story did not have the script.

    --

    Insert Generic Sig Here:

    1. 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.

  10. 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 Mr.+Underbridge · · Score: 4, Insightful

      4. Configure the Vista product with the ultimate version. That is roughly feature equivalent to Ubuntu.

      The point isn't to determine how much Windows Ultimate costs ($349 is probably about right), nor is it to perform a feature comparison of Windows vs. Ubuntu. The point is to determine how much the lowest 'Windows tax' is. From what we've seen, standard Windows should get you back about $130. That seems a bit high, as the OEM costs for Windows that I've heard are quite a bit lower. I wonder why they'd offer that high.

    2. Re:Right Now, In the U.S. Vista Cost You $349 by Programmer_In_Traini · · Score: 4, Funny

      But if i save 350$ buying a Ubuntu Dell box, im gonna have to spend 350$ buying vista because i can't make sense out anything on that ubuntu thing.

      then ill be stuck having to install windows myself, which is just as bad.

      am i not better off just paying 350 for windows on my dell and be done with it ?

      hehe.

      /ducks

      --
      If you look like your passport photo, you're too ill to travel. - Will Kommen
  11. Big deal by Bogtha · · Score: 5, Insightful

    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.

    Meanwhile, Microsoft still got paid for a product that was completely unwanted and unused. This is a great example of the Microsoft Tax in action. Even when their new operating system is a disaster and people refuse to use it, they still get paid, purely on the basis of their market position. This is the kind of reason why Microsoft should be subject to antitrust laws. Normal market forces just don't apply to them.

    --
    Bogtha Bogtha Bogtha
    1. Re:Big deal by TeXMaster · · Score: 4, Insightful

      And this is the reason why we have to keep forcing OEMs to refund: if they have to keep paying twice (Microsoft *and* the customer) they'll be pushed into understanding that giving the choice to the customer to only pay for hardware is the best solution in the long run.

      --
      "I'm never quite so stupid as when I'm being smart" (Linus van Pelt)
    2. Re:Big deal by Shadow+of+Eternity · · Score: 4, Interesting

      And then what? Microsoft just can't be stopped short of using actual force, military, police, or otherwise. They have too much money to give a damn about any fine short of forcing them to pay off the national debt and they're too big for the govt to just say "Nope, you can't see shit anymore".

      The only real way to get at them I think would be to offer the equivalent of modern day letters of marque against microsoft and tell everyone "Pirate their shit".

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
  12. Re:The real question: by Jason+Earl · · Score: 4, Insightful

    The reason for an NDA is actually fairly obvious. Lenovo's probably eating the cost of the license in this case, and the last thing that it wants is for Czechoslovakians to realize that they can get 78 Euro off of the price of a laptop simply by asking.

  13. Re:He's from the Czech by Caraig · · Score: 4, Funny

    I defy anyone to continue this using Uzbekistan or Tajikistan.

    --
    "I am an Adept of Tantric VAX."
  14. Re:He's from the Czech by stinerman · · Score: 4, Funny

    It's a Spain to keep reading this thread. Perhaps you could Sweden the jokes a bit?

  15. Re:He's from the Czech by Cecil · · Score: 4, Funny

    Mmm, sweet things make me Hungary.

  16. Re:He's from the Czech by Warll · · Score: 5, Funny

    I don`t like the Sweden stuff myself, when I`m Hungary I just go for some Chile.

  17. Re:He's from the Czech by hexapodium · · Score: 5, Funny

    Uzbekistanding it would certainly become a chore.

    Yeah, it's dead.

  18. Re:Requiring NDA is changing the rules of the game by SQLGuru · · Score: 4, Insightful

    going straight to MS

    Which, incidentally, he should still be able to do, since he has not given up his license at this time. $260 is a lot better than $130. :D

    Layne

  19. Re:Translation request - thanks by Drakin020 · · Score: 4, Funny

    Man wants his money back for a license he did not want from a PC purchase.

    Microsoft says: "Sure but you keep your fscking mouth shut when we do this"

    Guy said "Eat a box of shnausages"

    Guy publishes an article about his experience, gets the money anyway but not from Microsoft. /I think?

    --
    The greatest revenge in life is massive success.
  20. Czech? by Sporkinum · · Score: 5, Funny

    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."

    Lenovo tried to cancel the Czech. Did the editors pay the Czech with a check? I guess I should TRFM and Czech it out.

    --
    "He's lost in a 'floyd hole"
  21. 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.

  22. Re:He's from the Czech by Alzheimers · · Score: 4, Funny

    What did Delaware?
    New Jersey?
    Idaho, Alaska.

  23. Re:He's from the Czech by Bemopolis · · Score: 5, Funny

    Well of course Lenovo didn't have to refund the license money — everyone knows that WIndows Vista doesn't require sending Czech sums.

    Nor, might I add, would they Dane to send such a refund to Northern Europe. Not a single Finn. As for Southern Europe, I would expect they would be Balkan at every request. Even in their own part of the globe I think Lenovo would claim that their hands are Thai'd. And do so Lao'd and clear.

    The only people with any hope at all for satisfaction live in the Hellenic Republic. Their palms are always Greece'd.

    --
    "I guess the moral of the story is, don't paint your airship with rocket fuel." -- Addison Bain
  24. 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.

  25. Re:He's from the Czech by The+Great+Pretender · · Score: 4, Funny

    Perhaps his Czech is in the mail?

    --
    A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
  26. Re:He's from the Czech by RobFlynn · · Score: 4, Funny

    When you're ready for bed, let me know. I Kentucky you in.

    --

    ---
    Rob Flynn
    Pidgin
  27. Re:He's from the Czech by Brentyl · · Score: 4, Funny

    Alright:

    Two travelers from Hungary and Czech Republic are backpacking through a national park, when they are attacked and eaten by a pair of grizzly bears. Rangers shoot the bears and autopsy them. They open the female bear and find the remains of the Hungarian. Ranger turns to his partner and says, "I guess the Czech's in the male."

    Ba-dum-bum.

  28. Quick overview for speed readers... by Anonymous Coward · · Score: 5, Funny

    Man buys a laptop from Leno.

    Laptop comes with Windows Viagra.

    Man insists he doesn't need Viagra, insists on money back.

    Chinese authorities confused as to how a man can perform without it, ask for a copy of his DNA.

    The Chinese insist that the man keep quiet:
    Bootleg copy of Windows (the screen of death is red).
    Laptop also contains birth records of the Chinese gymnastic team.
    (OK, I admit, I made this part up, but it makes the story better.)

    Man publishes his story on web.

    Profit!

  29. Re:He's from the Czech by Vainglorious+Coward · · Score: 4, Funny

    I defy anyone to continue this using Uzbekistan or Tajikistan.

    Becaucasus that would would leave you caspian? Ossetia self down; it's not like Armenia any harm

    --
    My next sig will be ready soon, but subscribers can beat the rush
  30. 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.
  31. 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"
  32. Re:He's from the Czech by Bryansix · · Score: 4, Funny

    Well let's test that theory. Vista is horrible. Nothing works right and it runs slower on the same hardware as XP does. It still gets viruses despite "Security" measures and it has like a bajillion patches for itself that don't do anything to help the end user experience. In addition I think I have herpes now that I used a machine that had Vista on it. I discourage Vista use as it definitely might give you herpes. Besides the itching (from the herpes) and all the other stuff... I love it!

  33. Wrong. by Anachragnome · · Score: 4, Insightful

    No. They offered him what he asked for, with conditions. He did not ask for those conditions.

    Sounds like they were rather distasteful to him. As they should be. The loss of ones freedom of speech should NEVER be a condition to anything.

    NDAs are counterproductive. Learn how to discern people that you can trust and you shouldn't have to rely on them.

    I for one, will NEVER sign one, regardless of context. I view them as unconstitutional. Simple as that.

  34. Re:He's from the Czech by dfjunior · · Score: 4, Funny

    It spells "Slovakia".

    or it gets the hose