Getting your Microsoft Tax Refunded: 10/10 for Amazon UK! [Updated]
Yesterday I received a great prize from the people at Miserware for helping with the Beta trial of their power saving software for Linux computers; a new and very shiny Asus 1008HA netbook PC.
The PC itself looks brilliant and I can’t wait to use it. However, it is unfortunate that Asus seem to have been bought-off by Microsoft so they will no longer sell these devices with anything other than Windows software. Software that I for one have absolutely no intention of using.
Turning the machine on for the first time I was amazed at just how long it took for the first-time-run license window to appear. Anyway, it did eventually:
Windows XP EULA Screen
If you can read the text in the EULA on the left, the important bit states:
“If you do not agree to the terms of this EULA, you may not use or copy the SOFTWARE, and you should promptly contact Manufacturer for instructions on return of the unused product(s) for a refund in accordance with Manufacturer’s return policies.”
Do also take a look at the conditions imposed in the second box too (click the images for a big piccy). Basically it says you can’t change your mind once you have said yes and that they don’t actually provide any “warranty” anyway. What complete and utter claptrap. Why on earth do people continue to put up with this rubbish?
And so, when you say you do not want to accept their unfair and ridiculously one-sided licenses, you are told to turn of the machine. Fine. Suits me.
XP says turn off machine.
First off I thought I’d ask Amazon what the correct procedure is for requesting a refund. So I sent them an email from my Amazon account last night (at about 10:00pm):
Requesting procedure for license refund
This morning I had one of those slightly annoying automated replies telling me that because the order wasn’t actually to do with my account (which is correct):
“For security reasons, we can only take action on an account when the request comes from the e-mail address related to that account. Hence we request you to contact us from relevant account.”
There were a couple of helpful links in the mail – one of which was to use if you found the email response hadn’t been helpful or resolved your issue. Clicking that took me to a page on Amazon’s site where I was invited to get them to call me. Within 20seconds or so I was talking to a real person (probably in Ireland from his accent). I explained that I didn’t want the Windows XP software and was intending to format the drive and install Linux (he seemed to understand exactly what I was talking about). He asked what version of Windows was on the computer, and then basically said ‘OK. We’ll refund the cost of the license to the buyer’. And that was it.
I should point out that the chap at Amazon also suggested that I check with Asus that removing the software might invalidate my warranty on the device. I have searched on Google and on Asus’ website and read the Warranty card that comes with the device. I couldn’t see anything that would indicate my warranty would be void if I change the software. I have mailed Asus to try and confirm it will be OK. [Update: I’ve just had a message back from Asus saying my Warranty will fine. They don’t “support” other operating systems but I can understand that completely] Frankly, it would be a pretty USELESS warranty for a computer if it became void by installing new software. But I am not a lawyer so don’t take my word for this and YMMV.
Within a minute or so of ending my phone call with Amazon a copy of an email to the Miserware account holder at Amazon dropped into my inbox.
Dear Melissa/ cc Alan
I have requested a refund to your payment card for this purchase in the amount of 40.00 GBP for this order, as Alan will not be using the Windows XP Software. Refunds usually go through within 2 to 3 business days and you will see this amount credited on your next statement…
Brilliant. I can’t really praise Amazon enough for that. It was easy, simple and no fuss.
I guess my only concern is that the cost of this refund might not get passed back to Asus. But at least the information is in the public domain on this blog. Also, I should think if Amazon had to do this more than occasionally they’d be asking some hard questions of Asus…
Now I need your help dear readers…
I am not yet sure what to put on this machine: Ubuntu Desktop, Ubuntu Netbook Remix, Cruchbang (which I have heard some good things about but not tried) or something else… Suggestions are more than welcome 🙂 I have plenty of choice! And I plan to use it!
And finally.
Come on Asus, you have some really nice products crying out for a proper operating system and it’s a real shame you have allowed yourself to be stitched-up by Microsoft. If you would like me to put you in touch with the guy responsible for OEMs at Canonical (Ubuntu) Just let me know. 🙂 I’m sure he’d be delighted to talk to you.
Ubuntu One
Our friends at Canonical have been busy working on a new software as a service offering called Ubuntu One. This news was broken today by the VAR guy, but we thought we would dig a little deeper into what it is all about. Ubuntu One is in short a utility for synchronising stuff between desktop computers running the favourite operating system of you and me. The home URL of the service is https://ubuntuone.com/ and if you go there it will add your launchpad account to the list of people who want to join the beta. The Installation page guides you through downloading a little .deb file which adds a private PPA (yes if you expand the acronym that is a double private – it is at private-ppa.launchpad.net) to your sources.list, from then on you can install ubuntuone-client with apt or synaptic. This installs the application, but as it is a web service you need to be in the beta to get much further.
Digging about in the PPA reveals the source tar.gz in which we can learn a bit more. Firstly it is a GPL3 licensed python application. In the doc area is a very nice little schematic describing the connect and sync process:
The rest is just lots of code and it is probably best to wait for it to run to see what it does. I will leave you with this fragment from a main.py deep in the tree because it made me smile:
self.logger.debug("I can't attain Nirvana yet."
" [state: %s; queues:"
" metadata: %d; content: %d; hash: %d]"
% (self.state.name,
len(self.action_q.meta_queue),
len(self.action_q.content_queue),
len(self.hash_q)))
return
self.logger.debug("Nirvana reached!! I'm a Buddha")We are looking forward to playing with this one in more detail.
A new social networking site just for Alans
I would like to announce the launch of a new social networking site, specifically catering to the needs of people called Alan*.
The idea came to me after a Friday night in my local pub, and being told by one of our colleagues at Canonical, that we are now simply known as “The Alans”. Funnily the chaps at Elonex usually call us that too…
If you are an Alan, or know one, then head on over to http://thealans.com where you will meet up with literally several like-named people. If you happen not to be called Alan then you can still register and take a look around, but we might just delete your profile after a few weeks. The site is based on the Elgg social networking platform. If you think your company could use facebook-like technology as an internal tool that you can control then give me a shout and we can help you get started with Elgg.
* Alternative spellings are of course acceptable as are gender alternatives such as Alana, Allana and Alanis.
Is Mozilla losing the plot? [Updated x2]
The creators and owners of the Open Source Firefox web browser seem to have ignited a bit of a war in the last few days.
In Ubuntu’s next development version (Intrepid Ibex) due for release next Month, Mozilla have demanded that for Ubuntu to continue to distribute Firefox, they must display an EULA.
This is the ONLY EULA I believe that is currently present in the “main” repository of Ubuntu and certainly the only one that a user would be required to accept in the default Ubuntu Desktop configuration as is currently supplied.
I like Firefox. It is a good browser. But I do not like having to accept an EULA that potentially restricts what I decide to do with this Free and Open Source software. And, if I am not mistaken, I think that this is actually a violation of the terms of the GPL under which most of the main Ubuntu distribution is supplied.
Ubuntu/Canonical does have a choice. It can compile it’s own version of Firefox and simply turn off the ac_add_options --enable-official-branding option. OK, it won’t be called Firefox any more but I suggest that users will either know and not care or not know and not care about the name change.
There is a rather long [and growing] set of comments associated to a BUG report on Launchpad. I’d recommend any and all Ubuntu Users to read and have their say – whatever that may be.
My personal opinion is that Ubuntu Ibex should ship with the Debian branded version of Firefox (called Iceweasel) for now and then take stock for future releases. They can always include true “Firefox” in their restricted repositories – but there is NO-WAY a peice of software requiring an EULA should be included in the default main repo.
Here is the EULA in all it’s gory detail [coloured emphasis mine]:
MOZILLA FIREFOX END-USER SOFTWARE LICENSE AGREEMENT
July 2008
A SOURCE CODE VERSION OF CERTAIN FIREFOX BROWSER FUNCTIONALITY THAT YOU MAY USE, MODIFY AND DISTRIBUTE IS AVAILABLE TO YOU FREE-OF-CHARGE FROM WWW.MOZILLA.ORG UNDER THE MOZILLA PUBLIC LICENSE and other open source software licenses.
The accompanying executable code version of Mozilla Firefox and related documentation (the “Product”) is made available to you under the terms of this MOZILLA FIREFOX END-USER SOFTWARE LICENSE AGREEMENT (THE “AGREEMENT”). BY USING THE MOZILLA FIREFOX BROWSER, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE MOZILLA FIREFOX BROWSER.
DURING THE MOZILLA FIREFOX INSTALLATION PROCESS, AND AT LATER TIMES, YOU MAY BE GIVEN THE OPTION OF INSTALLING ADDITIONAL COMPONENTS FROM THIRD-PARTY SOFTWARE PROVIDERS. THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS.
1. LICENSE GRANT. The Mozilla Corporation grants you a non-exclusive license to use the executable code version of the Product. This Agreement will also govern any software upgrades provided by Mozilla that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
2. TERMINATION. If you breach this Agreement your right to use the Product will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (Paragraph 1) will survive termination and continue in effect.
3. PROPRIETARY RIGHTS. Portions of the Product are available in source code form under the terms of the Mozilla Public License and other open source licenses (collectively, “Open Source Licenses”) at http://www.mozilla.org/MPL. Nothing in this Agreement will be construed to limit any rights granted under the Open Source Licenses. Subject to the foregoing, Mozilla, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Product, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Product. This license does not grant you any right to use the trademarks, service marks or logos of Mozilla or its licensors.
4. PRIVACY POLICY. The Mozilla Firefox Privacy Policy is made available online at http://www.mozilla.com/legal/privacy/, as that policy may be changed from time to time. When Mozilla changes the policy in a material way a notice will be posted on the website at www.mozilla.com and the updated policy will be posted at the above link.
5. WEBSITE INFORMATION SERVICES. Mozilla and its contributors, licensors and partners work to provide the most accurate and up-to-date phishing and malware information. However, they cannot guarantee that this information is comprehensive and error-free: some risky sites may not be identified, and some safe sites may be identified in error.
6. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED “AS IS” WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, MOZILLA AND MOZILLA’S DISTRIBUTORS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR THE ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, MOZILLA AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE “MOZILLA GROUP”) WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE MOZILLA GROUP’S COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $500 (FIVE HUNDRED DOLLARS) AND THE FEES PAID BY YOU UNDER THE LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
8. EXPORT CONTROLS. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.
9. U.S. GOVERNMENT END-USERS. This Product is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth therein.
10. MISCELLANEOUS. (a)This Agreement constitutes the entire agreement between Mozilla and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Mozilla. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. (c) This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (d) If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (f) Except as required by law, the controlling language of this Agreement is English. (g) You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; the Mozilla Corporation may assign its rights under this Agreement without condition. (h) This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.
What a mouthful. I’m sure that even the legal team at Microshaft would be proud of it!
I highlighted a couple of areas that I think I understand…
BY USING THE MOZILLA FIREFOX BROWSER, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT.
When I read this EULA after a routine update to Ibex on Saturday, it just appeared to me in a tab of Firefox next time I restarted. If you are using Ibex and you missed it last time round, just start Firefox from a terminal thus: firefox -ProfileManager, create a new profile, and you should get it again. My understanding of the quote above is that as I am now reading the contents of the EULA in Firefox I have, without my express consent, actually agreed to this garbage.
You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.
Hang on. I’m an end user. WTF have export and import laws got to do with me? And how on earth am I supposed to be aware of and understand “all export and import laws and restrictions and regulations of any United States or foreign agency or authority“. That’s a pretty bloody tall order by my understanding.
I’m sorry Mozilla, but this just stinks!
And OH YES. WHY DO YOU HAVE TO SHOUT IT ALL TOO?
Update 2: Mitch Baker has just posted a blog entry. Basically it sounds like they fscked up but haven’t worked out a fix – yet.
