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.
Amazon’s Windows Refund Helps the Earth
On the 21st July 2009 I reported how Amazon had made it really easy for me to reclaim the cost of the Windows XP license on a new Asus netbook. This was a very popular post for my humble blog; especially after appearing on Slashdot thanks to reader and Digital Tipping Point producer Christian Einfeldt.
As a quick digression, I decided to install the 3rd Alpha release of the forthcoming Ubuntu Karmic Koala (what will be 9.10) on my netbook and it is working very nicely. I have discovered one problem with my 3G modem (an Option iCON 225), but this is alpha software and helping to test and find bugs is what it’s all about. I’ve confirmed the bug on Launchpad and will hopefully be able to help diagnose and rectify the issue as the Karmic release progresses.
Back to the topic.
What perhaps wasn’t as clear as it could have been (apparent by some of the dodgy reporting elsewhere) was that the netbook was a prize I’d won for helping to get testers to a Beta trial of the Micromiser energy saving software, specifically written for Linux, by a company called Miserware. As I hadn’t bought it the first place the refund was sent back to Miserware, not to me. That was absolutely fine. It was the principle I was interested in, not really so much about the money. I had thought that should the refund come to me, I would donate it to a deserving (IMHO) FOSS project. I hadn’t decided on any one particular project though as I was doubtful I would get the cash anyway. But that was my basic idea.
When the refund went off to Miserware, I mailed them to let them know it was coming and why. I also mentioned that I had intended to donate the refund and that it might be an idea for them to consider too. A couple of days later they emailed me back to ask if I’d mind them donating it to something a bit different. Not a free software project but something more in keeping with their “green” credentials. Hey! It’s their money; who am I to dictate what they do with it?
I thought it would be good to show you where the Microsoft Tax has gone:
Dear Melissa,
Thank you.
Your support will help the Sierra Club continue its efforts to protect wild places and endangered species, confront global environmental challenges, and keep the pressure on politicians and corporations.
By supporting the Sierra Club online, you also become a member of the Club’s Online Community — helping to save paper and postage and enabling you to get the latest environmental news and information quickly. As a member of our Online Community you can help protect the environment by visiting the Sierra Club Action Center and sending personalized emails to key decision makers on important conservation issues. And, at our Online Member Center, you can subscribe to one of the Club’s email newsletters and electronic publications.
The Sierra Club has been devoted to protecting our natural heritage for over 100 years. And thanks to your support, we can continue to fight and protect our natural resources.
Thanks again.
Sincerely,
Carl Pope
Executive Director
Sierra ClubPlease print or save this message for your personal records.
Name: Melissa Cameron
Amount: $67.58
Designation: Donation to the Sierra Club
The Sierra Club is:
America’s oldest, largest, and most influential grassroots environmental organization. Inspired by nature, we are 1.3 million of your friends and neighbors, working together to protect our communities and the planet.
I think that’s really cool. From over here in Europe, the USA isn’t exactly perceived as having a strong track record on green issues, although I’m sure that is going to change with the Bush era finally behind us. But nevertheless, it is great to see that there are organisations in the US that exist and promote the environmental agenda. If you’re a concerned American please go and stop by The Sierra Club and say hi… For all of us.
We got /.ed
Sorry if this site is running a bit slowly today.
Rather unexpectedly, our OOXML comment discussion site: www.dis29500.org got on the front page of Slashdot last night (and at 10:30am this morning it still is).
This is great news in terms of traffic and raising awareness, but bad news for the other sites we run on our Virtual Machine.
Thanks to Bytemark (our hosting company) for being on the ball and providing some more RAM at very short notice.
