PCs with Compulsorily Bundled Software Should Be Outlawed
I’ve written about the Microsoft Tax many times before and have even had a minor success with regards to getting it refunded.Now a fellow Open Source blogger and businessman, Dr Adrian Steel of Mercian Labels, is trying, so far without luck, to get the cost of an unwanted Windows License refunded from a company called Fonestop Ltd. He’s kindly providing an ongoing record of the correspondence between himself and the supplier whilst he seeks a fair refund for the software that he does not want nor require.
This example goes a long way to indicate why the bundling of software and hardware in this way is so wrong. It is incredibly hard to buy a computer in the UK that is not already infected with an inefficient, outdated, expensive, bloated and, still alarmingly, insecure operating system called Microsoft® Windows™. It is also becoming increasingly difficult to get even a partial refund due to the updated terms in the EULA that comes with version 7 of the OS (you can read most of the license agreements here):
By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, contact the manufacturer or installer to determine its return policy. You must comply with that policy, which might limit your rights or require you to return the entire system on which the software is installed.
In earlier versions the statement about returning the entire system was not there. Here’s what the Vista EULA said:
By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, contact the manufacturer or installer to determine their return policy for a refund or credit.
Reading Adrian’s struggle to get back the money that is rightfully his makes me quite angry. There are plenty of computer users that do not want or need Windows software when they buy a new computer. Even if they are not aware of the great Free Software operating systems such as Ubuntu or Fedora or many others, they probably already have a perfectly legal and valid CD of Windows in a drawer or cupboard anyway. Even I have a legal and valid Windows XP CD in my office; not that it ever gets used nowadays…
So what’s to be done? I really feel like starting some kind of campaign to get the lawmakers here and across the EU to make this kind of practice illegal. I as a consumer should be able to select and buy any computer I like and decide for myself if I wish to pay for a pre-installed operating system or not. That should be a choice I am free to make. Currently, apart from a few very brave and admirable vendors, I do not have this choice. And now it’s even harder to obtain a refund due to the change in the wording of Microsoft’s EULA.
These Brave and Admirable vendors deserve a mention:
- Brave because I’m sure that they will come under pressure from businesses like Microsoft to bundle their software and conform to the way that they want you to sell Computers.
- Admirable because they are standing up for something which is good and noble and may not be the most profitable course for their company to take.
As many of you know we started a website some time ago called Naked Computers to track these Brave and Admirable suppliers around the world. It’s been useful to many but it has been quite quiet recently and it could definitely do with a revamp to make it look more appealing (any WordPress Theme designers fancy knocking up a new look and feel for the site?).
In the UK there is one computer supplier that, in my humble opinion, should be applauded for their attitude: Novatech. I think that every machine they sell from their website or retail outlets are offered with or without an Operating System; it’s your choice. It’s quite interesting to look on their site and see just how expensive Windows really is: ~£70 to ~£800 or more!
Recently I noticed Novatech making a few noises on Twitter and I commented positively on their approach to selling naked computers. This was their reply to me:
@opensourcerer Thanks for recommending us, we sell all systems without operating systems as we like to give our customers a choice.
So come on you lot! Let’s try and come up with a plan, ideas and suggestions as to how to go about fixing this problem once and for all… Our company, The Open Learning Centre can host a wiki or something if needed but please use the comments here to start the ball rolling.
Are there any lawyers out there who fancy a challenge? Want to fight for Freedom and allow consumers to make their own choice rather than be forced to pay for something they frequently neither need nor want?
Finally, for those naive souls who believe that an EULA gives you some protection or guarantees, think again…
Please sell us some laptops
We need some laptops, just a couple of them and I really quite liked the look of a ThinkPad Edge laptop. Nice and shiny in our corporate red. We want a laptop that is bigger than a netbook, but not particularly huge. There is only one area of the specification that we are completely clear about, it must come without an operating system that we don’t want on it.
Hello
Thank you for contacting us regarding 166041 – Lenovo ThinkPad Edge Notebook PC – (via page feedback).
Unfortunately we are unable to supply the unit without OS or refund.
If you would like to purchase this item you can buy online at http://www.misco.co.uk/applications/SearchTools/item-details.asp?EdpNo=419352&catcode=&sourceid=2911 or call us for free on 0800 294 4516 option 1.
If we can be any further assistance please do not hesitate to contact us on 0800 294 4516, by email at techsupport@misco.co.uk or by fax on 0844 493 5308.
Regards
Lei Zhang
Misco Technical Support
The search goes on.
Pressure Mounts on Windows Tax? [Update]
I wonder…
Since I wrote about getting the Windows license fee refunded on my Asus 1008HA netbook here in the UK, there have been more examples where individuals have had some success.
First we had a story on slashdot in the USA that seemed to be inspired by my own:
Today Amazon credited my card with $65.45. After ordering an Eee PC 1005 HA from amazon.com, I asked them for a refund for the cost of Windows XP via the ‘Contact us’ form. At first they told me to cancel any items on my order that I wanted a refund for, but after I explained that XP was pre-installed on the machine they got it. They asked what the cost of the OS was, and I answered that I had no idea but that Amazon UK refunded £40.00. Within a few hours I got a response saying ‘I’ve requested a refund of $65.45 to your Visa card.’
Then we had some tales of difficulty in getting the refund from Amazon and Ebuyer, although I guess they will capitulate in the end as it seems the law is on our side:
If the retailer is awkward, then the way to a refund is avoid the trap of following the instructions in the EULA. Instead you request that the retailer replace the software with a version that isn’t ‘faulty’ (ie doesn’t have the additional terms and conditions imposed). You didn’t agree to them when you purchased the item and therefore they don’t form part of the contract of sale with the retailer.
The Sale and Supply of Goods to Consumers Regulations 2002 requires that the retailer replace the faulty item, or if that is impossible provide you with a refund. The Sale of Goods Act gives you the right to partially reject items. Essentially you assert your ’statutory rights’.
Simos Xenitellis writes about trying to acquire a machine sans Windows Tax. And finds a few locations. I note that the first comment to his post is suggesting he visit our own site http://nakedcomputers.org for more bare-metal suppliers.
It is very difficult to buy a computer without Windows (that is, to buy it with either Linux, FreeDOS or no OS) in the European market.
Why would you want to buy a laptop without pre-installed Windows?
1. Because you are simply not going to use Windows (for example, you plan to use a Linux distribution)
2. Because your school has an Developer Academic Alliance (formerly MSDN AA) with Microsoft and they provide the Windows software for you
3. Because your organisation has a company-wide agreement for Microsoft software, and you do not wish to pay twice for Windows.
4. Because you somehow have a Windows license or Windows package installation box already.Sadly, when talking to the sales personnel of a manufacturer, it might look an easier strategy to just mention points 2 or 3. There is already some prior knowledge with the sales personnel that large organisations do not need the pre-installed Windows software.
And then we have Venkat Raghavan who has just bought an Asus 1005HA, again from Amazon, inspired by the earlier mentioned Slashdot article, and with not too much trouble has managed to get the Windows Tax refunded:
I’ve been a linux user for quite a while now. I looked to buy a netbook without Windows on it, but due to market conditions, that did not seem possible.
Based on this slashdot article, I went ahead and ordered the same item. (see my report on it here)
The first conversation was over the phone, which did not get me anywhere.
I had better luck over email. They offered me a refund of 10% on the price of the netbook, along with keeping Windows on it.
I however, asked again pointing to the slashdot article and after that they refunded me the price of Windows XP according to the article: $65.45
Thank you amazon for being so awesome!
That’s great. Congratulations on your perseverance and success.
Venkat also describes his experiences installing Ubuntu Netbook Remix and subsequently eeebuntu on his new machine here.
To wrap up this quick post, there is this very interesting news story/rumour about Asus being reported currently, I wonder if the message is finally getting through?
Awesome news from Engadget about the open source future of the next generation of Eee PCs. Their ‘spies’ have uncovered information that the first Moblin-running Eee netbooks will be in stores come October. Asus, the Eee PC manufacturer, is apparently considering making open source OSes an option for all their netbooks in the future.
Please keep up the pressure dear readers. If you buy a computer where you do not “need” a Windows license, for whatever reason (see Simos’ suggestions for 4 of them above) then make sure you contact your supplier and request a refund. By all means use links and reports gathered around the ‘net to support your claim.
Hmmm, I think feel a new website idea brewing….
[Update]
We just received a comment on our “Please Sell us some Laptops” post from Claudio about how he got a refund from Dell in Belgium very easily:
I installed Ubuntu on the machine. Everything worked out of the box (a firmware update was needed to speed up the Intel Wifi) and I was a happy customer. Because I don’t use the pre-installed Windows partition, I sent a polite e-mail to Dell requesting a refund for the license of Microsoft Windows and Works. I just stressed I was a happy customer (I am) and didn’t want to return the laptop. I didn’t accept the EULA and asked for an address to send the Windows restore DVDs.
The answer was fast and professional:
Thank you for contacting Dell online customer service.
We will not be collecting the software CD’s from you, but would arrange for the amount to be refunded back to your account.
Please allow 5-7 business days for the amount to get reflected on your account.
And indeed, a few days later € 96,78 was added to my credit card. That’s what I call a customer service WIN.
Thanks.