Danish FreeBSD Dev. Sues Lenovo Over "Microsoft Tax"

Handbrewer writes "The FreeBSD developer Poul-Henning Kamp (phk) has sued Lenovo in Denmark (Google translation, original here) over their refusal to refund the Windows Vista Business license, even though he declined the EULA during installation. Lenovo argues that they sell the computer as a full product, and that they cannot refund it partially, such as the power supply or the OS even if people intend to use a different one. This seems to be contrary to previous rulings in the EU where Acer and HP has been forced to refund the 'Microsoft tax.'"

Comments

Full refund

[sakdoctor]

Better have a full refund and buy from someone else.
Case closed

Re:Full refund

[Chyeld]

Au Contraire, if you sell a product which has undisclosed terms refusing those terms should result in a refund. In order to use Microsoft Windows, you must accept their EULA. Unless you are claiming the Lenovo forced him to agree to the EULA prior to purchasing the computer, then those terms were undisclosed up to the point where he booted the computer and was presented with them.

Re:Full refund

[scoof]

Why is it that you think class action lawsuits are something found all over the world?

At least they're found in Denmark (Retsplejeloven chapter 23 a), so in this case, they may be entirely appropriate. Unlike your comment.

Re:Full refund

[bcong]

Denmark does have a similar class action lawsuit type civil case. It's called Gruppesogsmal (sic)

Re:Full refund

[Anonymous Coward]

Why is it that you think class action lawsuits are something found all over the world? Why is it you think that the world follow the US judicial system? Are you really so totally uninformed about the world outside your own country?

No but it seems you are. Here's a nice "fuck you" list for the ignorant US-basher.

Austria
The Austrian Code of Civil Procedure (Zivilprozessordnung â" ZPO) does not provide for a special proceeding for complex class action litigation.

Canada
Provincial laws in Canada allow class actions. All provinces permit plaintiff classes and some permit defendant classes. Quebec was the first province to enact U.S.-style class proceedings legislation in 1978. Ontario was next with the Class Proceedings Act, 1992. As of 2008, 9 of 10 provinces have enacted comprehensive class actions legislation.

France
Under French law, an association can represent the collective interests of consumers; however, each claimant must be individually named in the lawsuit.

Germany
On November 1, 2005, Germany enacted the âoeAct on Model Case Proceedings in Disputes under Capital Markets Law (Capital Markets Model Case Act)â allowing sample proceedings to be brought before the courts in litigation arising from mass capital markets transactions.

Italy
Italy has class action legislation now. Consumer associations can file claims on behalf of groups of consumers to obtain judicial orders against corporations that cause injury or damage to consumers.

India
In India class action lawsuits are called Public interest litigation and can be initiated by individuals or groups of individuals.

Netherlands
Dutch law allows collective actions brought by associations on behalf of injured parties seeking a judicial declaration that the company is liable for the damage it has caused.

Spain
Spanish law allows nominated consumer associations to take action to protect the interests of consumers. A number of groups already have the power to bring collective or class actions: certain consumer associations, bodies legally constituted to defend the âcollective interestâ(TM) and groups of injured parties.

Re:Full refund

[Zumbs]

The wording in the Danish version of the EULA is slightly different. Translated to English it reads

By using the software, you accept these terms. If you do not accept the terms, you do not have the right to use the software. Instead, contact the manufacturer or installer to get information on how you get a refund for the purchase or credit nota.

This can interpreted as giving the user the right to return Windows, without returning the entire computer. Similar cases have been taken to court in Italy and France (against HP and Acer, respectively), where both vendors were ordered to pay a refund for Windows.

Re:Whole product...

[Galestar]

The Vista EULA specifically states: By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoftâ(TM)s refund policies. He chose to not accept them.

not quite...

[Anonymous Coward]

There is not a EULA when starting OS X on a new machine which says 'if you do not agree, you may get a refund of OS X'.

Re:What happens when you click "No, I do not agree

[otakuj462]

The option to turn down the EULA is not exposed through the UI at all. The only way to avoid agreeing to the EULA is to turn off the computer.