[ale] OT: M$ vs. Linux netbooks
Robert Reese~
ale at sixit.com
Wed Mar 4 12:41:58 EST 2009
> Recommendation: Buy the lower priced box, decline the EULA and
> demand a refund of the Microsoft tax and install the distro of your
> choice.
Microsoft has gotten around that: I believe they now require the hardware
manufacturer to enclose the unit in a sealed inner package with a sticker EULA
that says if you break the seal you agree to the EULA, and that EULA states that
you CANNOT get a refund on the Windows operating system, and if you don't like
it, return the unit from the place of purchase for a refund under the place of
purchase refund agreement. Oh, by the way, if you buy it from a place that has
a POS refund policy (or lack thereof) too bad. Caveat Emptor.
I found that on a new Toshiba laptop a month or so ago, and immediately
recognized it as a run-around from the requirement that Microsoft offer refunds
for their unused operating system. I'm wondering, however, how it would stand
up in court that Toshiba wasn't liable for refunding the money if you didn't
agree to the EULA seal if you didn't break the seal. My understanding is they
could state they aren't responsible for refunds if you disagree with the EULA
but they can't bind you to that part of the EULA because you didn't agree by
breaking the seal.
Still, it would be a *very* interesting court case!
Cheers,
Robert~
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