Persistence Pays Off With Israel's First Windows Refund
As Niv Lilian reports at Ynet News, Haifa (and the Haifa Linux Club)'s Zvi Devir just preferred to run Linux rather than the pre-installed Windows on his newly bought Dell computer, and didn't want to pay for the unwanted Windows system. Now Devir has prevailed, after a fight in Israeli small-claims court, to become the first Israeli to obtain a Windows refund (also in Hebrew), winning the $137 that Windows added to the cost of his machine and escaping the nondisclosure agreement that Dell had wanted him to abide by as a condition. Perhaps others will follow his lead. Update: 12/03 23:02 GMT by T : Zvi Devir wrote with an update: "BTW, the settlement was out of court, before any court sessions took place."
who would have thought a jew doesn't want to pay?
That's a great precedent.
"I don't know half of you half as well as I should like, and I like less than half of you half as well as you deserve."
Oh god, I am seriously fearing the flood that is to come. This will set a precedent(if only a small one), that could change the way computers are sold, as well as if windows will be considered "standard" software for much longer.
This doesn't have to do with Windows as much as it has to do with Dell.
Basically, Dell said (in the EULA) that they would refund money if you don't agree to the terms. So that's what the guy did.
If anything, this just shows how few people read license agreements than anything else. And shows that, once again, 'customer support' still stinks :)
Nowhere in this summary does it say he is a Jew. Just pointing out the obvious. There is a difference between the terms 'Israeli' and 'Jew'
Reply to That ||
The laptop in the stock photo for the article sure looks like didn't come with Windows in the first place.
Read again, where does it say the person in question is a Jew?
ALL the anonymous cowards are so dumb.
When I mailed and asked some time, probably to Microsoft though, may had been a bad idea, I got the impression that one wouldn't be able to return only Windows but would have to return the whole machine.
Rather obvious that Microsoft would prefer it that way but ..
Is this true? Makes somewhat reasonable sense for the manufacturer to be able to set up rules like that.
WE ARE SO!!!!!!! Err, no we are not!!!!!!
Are you suggesting hes the only editor not getting a cut of the MS advertising money on here??
Or marbe hes the only one with the morals to post anti-MS stories despite getting MS ad money.
Or hes pissed because he doesn't get a cut?
Or.. who cares, its news.. it should be on slashdot.
Does this bird weigh as much as a duck?
Somebody tag it "OY VEY!".
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
So Timothy == CmdrTaco?
...for trying to wiggle out of their contractual agreement. Now, I'm not sure a click-through EULA is in fact a contract, but then that's DELLs to decide. Either it is or it isn't.
"The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
We are not dmub!
Any lawyers out there?
$100 * 10,000,000 linux users. Assume 80%~90% just nuke the hard disk and install Linux.
That is a *lot* of cash out there that can be won my Linux users who face almost impossible barriers to refunds for software that they do not use and do not want. compounded by microsoft's anti-trust actions that make it very difficult to purchase computers without Windows.
Some enterprising lawyer could make a VERY good case, get some buck, and probably change the way computers are sold in the U.S.A.
I am of course overjoyed at the fact that there is someone who managed not to be forced to pay for Windows, but I still have to ask this question: Did Dell take the loss or did MS?
Aside from saving money, refusing to grant an undesirable vendor money is another reason to refuse a purchase. If Dell still paid MS, then MS is still insulated from market forces. How can customers choose against MS if MS gets paid even when those customers do not purchase MS software?
I hope the next time this happens, Dell will supply a written document certifying that it has refused payment to MS for the copy in question.
All data is speech. All speech is Free.
yet it gets +5.
funny.
and wrong, btw. with a name like Zvi you can bet the likelihood this guy is jewish is 99.999% with a margin of error of 0.001%.
refunds have been issued in the USA?
--
Belchertown Ma
A Jew with a coupon! /iamajew
I have never bought a computer with an OS already installed. Most of the places I know offer Windows XP or Vista as an option with an added charge. He could have saved himself a bunch of time by doing five minutes of research.
I will take my lumps on that. I should not have written CmdrTaco, I should have written SlashDot.
What I am suggesting is that almost EVERY anti-Microsoft story comes from SlashDot, while the vast majority of all other stories come from readers. A lot of those readers are anti-Microsoft, would like nothing more than to get a story posted, and are sending these articles in as well. However SlashDot always seems to post them first. That leads me to believe that SlashDot is actively TROLLING the net for stories that have ANY hint of anti-Microsoft to post. It is called BIAS. If you don't think SlashDot is bias then you just have no clue. Either that or your own bias has blinded you.
I am not going to argue the newsworthiness of this particular story. I was referring to all the stories. There are more than a small handful of stories that are NOT newsworthy but because they are anti-Microsoft they get posted. It is the truth and it is called BIAS.
n/t
This doesn't have to do with Windows as much as it has to do with Dell.
Basically, Dell said (in the EULA) that they would refund money if you don't agree to the terms. So that's what the guy did.
If anything, this just shows how few people read license agreements than anything else. And shows that, once again, 'customer support' still stinks :)
The article is also basically devoid of any details regarding the methodology. There wasn't even anything at the Haifa Linux Club web site about it. It looks like since the arrival of Vista-infected machines, the old methods for Windows Refund need updating.
The club at least could make some noise and show the new steps to the dance. Many will be buying new computers in the coming weeks and could use the extra 150 USD / EUR
Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
As they say in Hebrew, "Nanny nanny boo boo!"
Just the first that didn't accept Dell's NDA.
Sometimes boldness is in fashion. Sometimes only the brave will be bold.
If you actually compare like to like, Dell is charging $608 for the following Linux machine vs. $669 if you buy with Vista installed.
Touché. It's been some time since I last compared.
...when you're writing a game...tweak the difficulty of "Easy" to something [your mother] can cope with. -- onion2k
high five a Jew today
Dude, if you love microsoft so much, go to digg instead.
Quit whining about a (well-known) bias.
Those of us who come here for discussion on articles relating to microsoft's foibles and regard/disregard for various customer groups (amongst other non-microsoft-related articles) will remain.
You could also turn off the "YRO" (Your Rights Online) section, and your microsoft stories will pretty much vanish from the front page.
(that, in itself is somewhat telling...)
How does your japanese sounding name, sound in any way jewish?