Amazon UK Refunds Windows License Fee, With Little Hassle
christian.einfeldt writes "Alan Lord, a FOSS computer consultant based in the UK, has announced that Amazon UK honored his request for a refund of the Microsoft license fee portion of the cost of a new Asus netbook PC that came with Microsoft Windows XP. Lord details the steps that he took to obtain a refund of 40.00 GBP for the cost of the EULA, complete with links to click to request a refund. Lord's refund comes 10 years after the initial flurry of activity surrounding EULA discounts, started by a blog post by Australian computer consultant Geoffrey Bennett which appeared on Slashdot on 18 January 1999. That Slashdot story led to mainstream press coverage, such as stories in CNN, the New York Times Online, and the San Francisco Chronicle, to name just a few. The issue quieted down for a few years, but has started to gain some momentum again in recent years, with judges in France, Italy, and Israel awarding refunds. But if Lord's experience is any indication, getting a refund through Amazon might be as easy as filling out a few forms, at least in the UK, without any need to go to court."
So this should work in the US, too? I'm looking to buy a new laptop sooner or later, but I sure as hell won't be using Windows. A refund would be prettty awesome.
To me, of all things that have been considered as a remedy against Microsoft monopoly abuse, the only one that is logical and practical would be to stop them from bundling hardware and software. I can't understand why this hasn't been done by either the EU or USA.
Software and hardware are clearly two different markets. You can install Windows in hardware from a number of vendors, and you can install a number of operating systems on a PC.
So you would buy a computer and you would get two receipts, one for the machine and another one for the OS. The OS can even be preinstalled on the machine and you would only get an activation key with your receipt. If you don't want the operating system, you just buy the hardware and don't pay for the activation key.
What really makes me mad is that the only reason this is not considered by the authorities is because Linux is not commercial, so they are not losing money from Microsoft's monopoly abuse. Only companies matter to government. The fact that the public would benefit from an operating system market where Linux would be allowed to compete on equals grounds is not relevant to the government because there is no single company making money from Linux.
When his defense asked, "Which computer has Jon Johansen trespassed upon?" the answer was: "His own."
US means United States according to the ISO 3166-1 International standard for 2-letter country code abbreviations. Is there some other standard I don't know about? These same codes that are used to define the TLDs of every country that has one... Why am I feeding the trolls?
What point is it that people hope to make when they do things like this? If you want to support preloaded Linux, why not buy preloaded Linux?
http://www.zareason.com/shop/home.php
If you want to get a PC with no OS at all, why not buy a used machine on eBay that has no OS? There are typically dozens listed. I built my own desktop. No OS. You can even buy a new PC with only a barebones OS:
http://en.wikipedia.org/wiki/Dell_n_Series
And the headline says something about a "Microsoft Tax." How ridiculous. Governments levy taxes. Software and hardware vendors that you do not like do not levy taxes, no matter how much you do not like the product. If you do not want Microsoft products, do not buy them.
Penny - plain text accounting
From what I've read, the range of refunds given has been variable if not arbitrary. This thread on the ubuntu forums is an interesting place to start reading about some differenct experiences people have had.
I was also interested to learn recently that it is possible to buy machines with no OS from some vendors. The college I work for has this ability through our Dell rep. This post in the above-mentioned thread is particularly interesting, as it claims that anybody can request and receive a new computer without an OS from several vendors.
I am literally 3000 tokens away from the chaotic crossbow --Stephen
Ever since XP has been discontinued by Microsoft, the value of XP licenses has gone up quite a bit.
Resell it on ebay!
(yes, I know it's probably an EULA violation)
I'm pretty curious and this idea just popped into my head. I'm sure the answer is easy, so I'll ask.
What's the difference between buying a computer and getting a refund for the cost of the Windows EULA (since apparently you're actually receiving the operating system data, yet agree not to "use" it) and buying a Windows XP CD and attempting to get a refund for the cost of the EULA if you just want the data, but agree not to "use" it. Say you want it for a coaster, art project, or other use.
Does that logic not follow?
I wonder if I can buy a Mac from Amazon and get a refund for OS X because I wanted to run Windows on it.
This guy's the limit!
The difference is you CHOSE to buy the Windows CD/DVD. It is compulsory with the purchase of a PC and from what I've read quite a bitch to get a refund....
I bought an XPS m1330 from Dell in June 2008. On opening the box, I read the Vista EULA and decided to try to get a refund from Dell.
First off, Dell seemed pretty confused and multiple times suggested I just return the computer and finally transferred me to returns or customer retention.
I explained that I did not want Windows and that the EULA said I could contact the manufacturer for a refund, and that I wanted to return Windows only. After putting me on hold to 'look into this' he came back and explained that they couldn't find that part of the EULA, nor was there an internal policy in place, but, he could give me a $75 customer satisfaction or compensation credit, no strings attached.
$75 dollars were credited to my card the next day, and I still have a spare key for Vista, if I even install it.
The per-CPU licensing was for those manufacturers that made such an agreement with MS. You could always buy from a mom-and-pop shop and not pay the price or, better yet, build the computer yourself.
Taxes are theft by the government. The old MS license is just a vendor losing my business.
So he chose to buy a computer with Windows pre-installed even if there are dozens of places that will happily sell one with another operating system, and then demands a refund.
Oh, and Microsoft is being unreasonable.
Interesting logic....
And the Lord spake, saying, "First shalt thou take out the Holy License, then shalt thou count to 40 GBP, no more, no less. 40.00 GBP shall be the number thou shalt count, and the number of the counting shall be 40. 50 shalt thou not count, neither count thou 30, excepting that thou then proceedest on to 40. 60 is right out. Once the 40.00 GBP, being the 40th number, be reached, then lobbest thou thy Holy License of Windows towards thy Amazon, who being naughty in my sight, shall snuff it." Amen.
Any sufficiently advanced intelligence is indistinguishable from stupidity.
The case in Israel was an out of court settlement. It never got to a judge. It was unique in that the plaintiff refused to settle unless it was also made public, but still, no judge.
Shachar
Can we do the same with mac os x? and new apple systems? Even if it just to get the real price of mac os x out of them. Will psysar try this in there court case?
Copy Print Exit 4:58:39 PM CustomerChristian Initial Question/Comment: Rebates 4:58:44 PM SystemSystem Jeremy has joined this session! 4:58:44 PM SystemSystem Connected with Jeremy 4:58:44 PM SystemSystem Hello my name is Jeremy. How may I help you today? 4:59:20 PM CustomerChristian Hi there, I was reading an article about how amazon refunded the microsoft OS price for a netbook that was purchased. http://www.theopensourcerer.com/2009/07/21/getting-your-microsoft-tax-refunded-1010-for-amazon-uk/ 4:59:35 PM CustomerChristian I was wondering whether Newegg would do that on a laptop I ordered, because I don't accept the EULA. 5:00:34 PM AgentJeremy We do not offer this return. 5:01:02 PM CustomerChristian Didn't think so. :) Perhaps one day when EULA's are challenged in court we can get this fixed. Until then, viva la microsoft tax eh? ;)
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5:01:53 PM CustomerChristian
Nope, thanks.
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All your base are belong to Google.
I use solely Ubuntu for private computing since early 2005. As I bought a new laptop, accidentally an Lenovo it was sort of irritating not to be able to get it with my favorite operating system. Before opening the package I checked around on the internet for references to what to do with the Windows Vista Ultimate licence. It was clear to me that the EULA terms were inacceptable to me so according to the licence terms I needed to wipe the hard disk without ever booting into Vista. I called up the free Lenovo support and asked what to do. They asked to come back, half an hour later a support manager called and told me that I was going to be sent a form to be signed guaranteeing that I reformatted the hard drive wiping out the boot partition as well as the recovery partition. I also needed to hand in the Windows licence stickers and my bank account number to receive the equivalent of $40. By handing in the form I also accepted that I was not going to get any support on the computer any more and there was no way I could get a recovery CD. On my part I accept that computer makers does not have to sell non-windows hardware. I also equally much think they should give users the choice of buying hardware without the software. I am glad that Lenovo is giving us this option. TorbjÃrn Ã-sterdahl, Zürich. http://www.ultra-marine.org/
Yes, of course I chose to buy the Windows CD. That doesn't make it any different than choosing to buy a computer.
I chose to buy the Windows CD because I wanted it for use as a nerdy coaster. I am not interested in the data/software/EULA contained within. Same as if I bought a computer, and am forced to pay for an OS I'm not interested in (so I'm allowed a refund).
Why can't I get a refund for the OS I'm forced to buy with the compact disc I wanted to buy?
Seems like the same thing to me.
I wonder if anyone has ever tried this with Apple.. Wipe out OSX and request a refund for it because you plan to use Linux.. I bet it would be even more difficult than getting a Windows refund.
Microsoft doesn't lose any money by doing this. Whoever sold you the computer just eats the loss because it's better to keep customers happy and avoid bad press. They already paid for the license, and you could probably get away with using the OEM license key anyway. Granted, if enough people did this, somebody might take notice, but of the millions of PCs sold per year, the number of people who request refunds probably number in the hundreds, if that. I would argue that purchasing a computer with Linux pre-installed has a more significant (albeit still quite small) effect.
Does that logic not follow?
You are required to transfer all copies of a copyrighted work when you transfer ownership, so no, it does not. This is a question which actually could be answered by reading copyright law, although it might take you some time. (It's also common knowledge among people who actually care about such things.)
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
Why is the Reseller refunding this? This is not their obligation. It is the OEMs. In this case being Asus. The netbook does not have a Amazon OEM License of windows, its a Asus oem license. They are the ones who should be refunding this amount. I think amazon did it just to get rid of a headache.
Let's hope that's the beginning of a trend rather than an isolated case. Not that $40 matter much to me on a $1000 machine, but I'd never ever want to give them to Microsoft. If I ever get a Windows discount, I will donate it to the FSF or some other free software project.
The real price of OS X is known - its about $130. You can walk into an Apple store and buy a copy off the shelf...
I think what would be more interesting is after he got his $40 back (sorry, dunno how to do euros or pounds on my keyboard - i'm american) is to go in the next day and try to buy a copy for that price.
Don't blame me, I voted for Kodos
So as you do not own your copy of windows what would happen at a later date if you decided to stop using it ? could you still request a refund
Amazon is not the company that bought that Windows licensed. That would be Asus. That implies that what really happened here is that Amazon decided to eat the cost to keep a customer happy.
My guess is that the customer (the company that actually bought the computer--not the guy they gave it to) does a lot of business with them, so they were willing to eat a little on one sale to keep the end user happy, to keep their customer happy.
I doubt Amazon is willing to in effect buy a Windows license for everyone who wants to buy a netbook from them and use Linux on it, so I don't expect this to go far.
http://ubuntuforums.org/showthread.php?t=1006395
I've been trying to do this exact same thing, which the licence on my new Compaq entitled me to.
Basically, I was given two EULA's when I first powered on my COMPAQ notebook, There was no option to decline them at all.
One EULA was for HP and one EULA was for Microsoft Windows.
The Microsoft EULA said that if I do not wish to use the product, I am entitled to a refund of the product. (HP insists that Microsoft meant HP's product)
I spent several months trying to chase up a refund of the software, to which HP said they would not refund the software, but only refund my laptop - To add insult to injury, when I agreed to their request, They said that I must return it in its original packaging (who the hell keeps a box?)
I still have a Windows Vista licence that I need not use, I also have others that I have previously bought. It will be nice when you buy a laptop for a certain price, and OPTIONALLY pay extra for the OS.
Note: I'm in Australia.
Isn't this sort of like buying a car and demanding a refund on the crappy OEM stereo because you immediately replaced that crap stereo with some audiophile fanciness?
The software I purchase is a sale and not a license. The receipt I have in my hand agrees with me. I would love to see one of these companies who claim "you are buying a license" be sued for willfully deceiving the customers.
Since Apple is a single company you could maybe work this out from publicly available information, if they go into that level of detail in their prospectus or regulatory filings.
faqs.org claims that both GB and UK are valid TLDs, but the former gets much less use:
I don't know if Microsoft offers an official money back guarantee program in other continents, but they do offer one for North America. I used it recently myself because the copy of Windows XP that I purchased for a client would not install due to an odd raid controller. I had to return it and buy Vista instead. They took it back with zero hassle, and I had a check in the mail a couple weeks later that I think actually included the shipping charges from me shipping them the XP media kit. This program does not cover computers purchased with pre-installed software though (OEM). For that you have to go to the company you bought it from. I was pretty happy when I realized I could get my money back from Microsoft and not have to eat the extra cost of the software license. Anybody else in a similar situation, the website is:
Microsoft Product Refund
I'll corroborate your claim:
I was looking at HP laptops after I heard that they were offering Ubuntu and I saw one model that looked like a decent deal. So I selected it and started to look for the Ubuntu option:
1. I first had to select "Customize" (there was no way around this, Ubuntu was only available through selecting "Customize" first) - This immediately added $300 to the price of the laptop.
2. Then I selected Ubuntu - This reduced the price by $100
End result? I had to pay $200 to get Ubuntu (or FreeDos) on the laptop. How is this considered a choice?
Like someone else mentioned, this would be akin to Ford selling all their cars with a Garmin(TM) GPS system. But going a bit further, they charge you *extra* to have no GPS!
Or my analogy, if 95% of the car manufacturers included Bose stereos and wouldn't give you an (easy) way to get the car w/o the stereo.
Georgia Tech, the leader in Chia(tm) technology.
Sounds stupid right?
I used too build every PC from components for my clients, but these day's it is just not needed. Apart from one of cases like Raid,Server,Render Box,etc.
Desktop's are generic and it's cheaper and faster just to order a pre-built one form eBay and most of the time there is no OS installed or Windows is an option.
ï People just put pirate copy's of windows on them.
It's a cut throat race to the cheapest possible price on eBay and Microsoft can not strong arm them like say Dell, because it does not hurt them to sell PC's without Windows it helps them.
I know Joe Six-Pack, is not going to be installing his own OS any time soon.
But a geeky friend says I get you a new PC, by the way it's running a pirate copy of Windows.
Joe will say It works and I save money, I don't give a s**t.
Microsoft protection racket is broken, the only thing they gain is market share and that don't pay the bills.
Now wait a minute. Aren't I included in that 98%? Even though I didn't want the GPS at all, I was forced to buy it against my will if I wanted to get the car. So now is it right to assume that because I bought it with that option, I must have wanted it?
Funny may not give karma, but +5 Informative never made anyone snort coffee out their nose.
Why wouldn't they test using a LiveCD or LiveUSB of some sort, that has nothing to do with the installed OS and can run a series of pre-defined tests?
Because the free drivers on the Ubuntu-based test CD aren't necessarily a good indicator of how well the non-free Windows drivers will work, even on the same hardware.
No remedy is required because the market has spoken: most people want to buy OS and PC together.
I want to buy OS and PC together. But I want Ubuntu Jaunty, not Windows Vista, and I want to test the screen and keyboard in the store before I buy it so that I don't have to end up having to pay for return shipping and restocking on a computer whose screen and keyboard disagree with my eyes and hands. Why is this not possible?
You may buy parts and build your own PC.
Can you recommend any web pages that describe in detail how to build a laptop computer to run Ubuntu or Mandriva?
But the point is that we shouldn't be forced to choose hardware based on what OS we want, or pay $40 more than we needed to.
WalMart with its enormous - unprecedented - purchasing power has never been able to significantly undercut OEM Windows on price.
No deep discount retailer in the states has worked harder to make a go of OEM Linux - but nothing ever comes of it.
You deliver the Windows product or your sales go in the tank.
"Bare Bones" is the boutique product. Linux is the boutique product.
That is why you pay a premium - and - ultimately - it is the only reason why you pay a premium.
So you might as well buy from someone who understands the product - knows how to support it - and still make a decent living.
If they needed an OS to test the PC works and they can't delete it after that, then it must have been the testing that agreed to the EULA.
But you aren't the testing team.
So Dell has entered into a license agreement with Microsoft to supply OEM copies. The EULA has end user restrictions and is between the end user who has never had a business relationship with Microsoft and Microsoft. Dell does. And Dell agrees on your behalf that you will be bound by the EULA.
Can they do that?
They have to SUPPORT the OS themselves.
They have to install it and test it.
If HW manufacturers wanted Windows OS on their machines, why did MS have to threaten them to do so?
And are you a USian? The country that has "Double cheese, hold the dill"?
My god, how you bend over to take MS's throbbing OS...
I have claimed the cost of the OS back from Dell for several computers which I have purchased from them, however it became obvious from discussions with the sales persons handling the refund that Microsoft would still get their money. The Dell people often had difficulty trying to figure out which category of refund to categorise my repayment as.
Microsoft still gets its tax, and we still need strong action on the part of the politicians (some chance).
Can I get a refund on my MacBook purchase?? It can run windows instead of osx, but it's bundled with it. Is it free? Why doesn't anyone care ? I guess that's one method of winning- stay under the radar instead of being public enemy number 1.
Why is this not possible?
Come on, I know you want to be modded up, but asking obvious questions is not a way to go about that. This is not possible because there are not enough people like you to justify opening retail outlets to serve you, nor even in devoting the [substantial] shelf space it would require at a big box store. There are some small computer stores who will try to sell you Linux, but not many, for the same reason the big three automakers have been selling us shitboxes for years: because service is where you make your money. The smaller you are, the smaller your stock.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
Theres a monoply on PCs? WTF planet do you live on? I can buy the parts to build a PC from bestbuy, hundreds of websites and at least 10 different local companies (who also sell built to spec PCs, sans OS if I want). Plenty of local shops will sell netbooks too.
Netbooks and laptops are a major problem, you can't build them and only a handful are available without Windows. Later this year I need to find a netbook or small laptop for my sister (probably in a brick-and-mortar store, to complicate matters), she's on a tight budget and no Windows install will stand up to her reckless neglect.
"When information is power, privacy is freedom" - Jah-Wren Ryel