[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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