[Gllug] Evesham/Linux for a small business

[Christopher Hunter]

On Wednesday 05 Nov 2003 9:23 pm, Martin A. Brooks wrote:
> At 20:04 05/11/2003 +0000, you wrote:
> >However, they usually do not distinguish between hardware and software.
> >So sometimes if you want a refund you need to return the
> >computer as well, to get a refund on the whole system. (so Toshiba
> >tells me).
>
> In this case they are "bundling" the software.  They cannot reasonably say
> that they are giving you Windows XP for free.  If they were doing that
> there would be no problem selling you a system without Windows in the first
> place.
>
> There was a precedent set in the Scottish courts on this subject and Adobe
> were fined a fair amount for doing so.

The "debate" I had with Dell over this issue was quite amusing.  Upon receipt 
of my new laptop, I called them up and explained that I didn't agree to the 
terms of the EULA displayed at start-up.  I was told that "You have to - 
otherwise the computer won't work".  I then demanded to talk to a supervisor. 

I explained that I didn't want to break a good computer by infecting it with a 
worthless "operating system", and that I would be happy to delete the 
contents of the hard-drive and return the CDs that came with it.  The 
supervisor said that I could reformat the hard drive, but that I wouldn't get 
any "technical support", and that they "didn't refund for included software". 

I asked for a refund for the price of the "operating system" I wasn't going to 
use, and was told that it was "included free".  I asked "How many free copies 
can I have, then?".  I was then told that it was "included in the price"!

I persisted in demanding a refund, and explained that the OFT was particularly 
interested in "software bundling".....  After three hours on the phone, at 
their expense, they agreed to refund £60 if I returned the "rescue disk" and 
reformatted the hard drive.  A couple of days later, they refunded £60 to my 
Credit Card.

Chris





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