Posted on 10/19/2009 12:11:11 PM PDT by Willie Green
An enterprising PC user has been refunded on his copy of Windows, after he rejected Microsoft's operating system and license
Reg Reader Graeme Cobbett was paid $115 (£70.34) by Dell after he bought a Studio 1555 notebook with Windows Vista already loaded and complete with a free upgrade to Windows 7.
Rather than accept the Windows 7 upgrade, though, Graeme installed Ubuntu-based Linux Mint instead.
Why reject Windows 7, an operating system Microsoft's been pushing ahead of Thursday's launch as making PC users happy again, after the misery of Windows Vista?
Graeme, who outlined his reasons - with his experiences - here, blogged: "Have you ever actually read the Microsoft Windows End User License Agreement? It's pretty scary what you commit yourself to. If you buy Dell, then as soon as you start Windows then you agree to a second set of scary software terms. So reject them."
Anybody can reject the End User Licensing Agreement, it just comes down to the level of confidence you have in your technical skills apparently. Graeme downloaded Linux Mint to a separate PC and burned to a CD using ISO Recorder, then booted the Dell machine from disc the first time he started it.
By not starting Windows, Graeme didn't have to accept the terms of Microsoft's EULA. That, in turn meant, he was entitled to a full refund on the price of Microsoft's operating system from his computer supplier - Dell.
This is the clause in Microsoft's EULA Graeme took advantage of:
"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 Microsoft's refund policies."
Turned out the installation and license part was relatively easy for Graeme and the refund was a little harder to get. It took Graeme two months and 14 email exchanges in total with Dell, plus one missed pick up by the computer manufacturer, before Graeme got his money. ®
Nice trick - and one I may have to employ!
When you communicate with Dell, either by email or phone, you’re going to get someone in New Delhi. Or maybe it’s Bangladesh. Either way, it’s going to be a frustrating experience. Trust me, I’ve been through it.
Did Dell take back the computer along with the software? Or did they just refund the amount of the software?
The “fine print” they don’t want you to see.
Just the software.
The thing is Dell’s bulk licensing from MS means they likely paid the customer twice as much to him than what they paid MS.
Personal.
I've always dealt with the business side of Dell support. It's excellent. The techs are located in Texas, and I always get great support.
I have them bookmarked. Next year I hope to phase out both towers here. A basic laptop would do for my wife who isn’t a heavy user and a fairly hopped up one to handle my photo/video editing and some games. Thanks for the name.
You would be doing yourself a favor, and I mean that.
Dell tried bullying me. The credit card company (Citi) tried bullying me (on my side, yeah right!). Fortunately, I had read the small print (note that they've changed it since then, so it's almost impossible to prevent their fraud, and last I checked, the real terms and conditions of the sale must be requested in writing and the ones online don't count!)
I negotiated in good faith, offering to return the system if they'd just pay return shipping, or to swap out the components if they sent the promised ones, etc., but they refused. Eventually the time ran out for them to make good, and I redirected their huffing and puffing to the Federal Trade Commission.
Of course, I couldn't call for Tech Support on the machine. :-)
My experience was also that the Small Business side was much, much better.
Which is considered a "drawback" only if you're a masochist.
Thanks for posting! I too have had the same luck getting Windoze refunds for a few PCs. On new PCs, Dell seems to have finally gotten the message that users do NOT want Windows. They have been very cooperative. However, I have found that they will NOT refund Windoze on any used/refurbished systems in the Dell Outlet. They claim that the original Windoze license was sold with the original PC, and that it cannot be refunded.
Hopefully, more will jump on board and request more refunds, so that Dell will hopefully someday actually sell more PCs on sale with Linux. Right now as we all know, you can still buy PCs cheaper even with Windoze included.
http://members.apex-internet.com/sa/windowslinux
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.