Windows Refund Wrapup 122
There are lots of stories about Windows Refund Day. As
I predicted, nobody got refunds, as referenced in
this ZDNet Story. Chris
is quoted near the end.
Here's a Nando Times story,
a wired story,
an MSNBC Story,
a San Jose Mercury Story,
and a Washington Post story. (All
sent in by anonymous readers).
Macerick sent us A front Pager
from the NY times. And finally, Marc Merlin
sent us his own report which features the
Story and Pictures.
Class action lawsuit (Score:1)
Idiots (Score:1)
More interesting method (Score:2)
They love these innocent consumer gets ripped off stories, and the story is simple enough that they could pack it into a couple segments.
Let THEM do the legwork contacting OEMs and Microsoft.
Put it this way. (Score:2)
Just my 2Cents.
More interesting method (Score:1)
I hope it got them interested, but you can never tell...
bahaha (Score:1)
Hurting where it hurts... (Score:1)
Hmmm..
END-USER LICENSE AGREEMENT FOR MICROSOFT WINDOWS 98
IMPORTANT: READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Microsoft. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.
License agreement != copyright (Score:1)
Again: Copyright has nothing to do with licensing. Saying "This means we can copy it and sell the copies" is thus stupid. I am aghast that anybody could even suggest engaging in an illegal act like that. I thought the whole point was to point out Microsoft's breach of contract, NOT to do something just as illegal!
-- Eric
It's not just software. (Score:1)
DOJ (Score:1)
This may be a good way for the DOJ toprove its case against MS. Let them go out to various vendors, buy a series of machines, and, if possible, Linux distrobutions (that way they're on the same receipt), then go through the process of installing Linux and trying to get a refund for the Windows software.
Now, if only the DOJ would read this and do it!
agreed (Score:1)
If you want to make a point, and you want it to stick, then you have to put on a professional appearance. Otherwise, you won't get the respect or response that you're looking for. Next time, get your leaders to dress at least in casual day wear (something better that t-shirts and jeans), if not suits. Costumes do add an air of rediculousness (think about the trekkie that reported to jury duty in a Star Fleet uniform, and the response that got...and, yes, I've been heavily involved in fandom and costuming for many years now).
How ever the T-shirts commemorating the day looked really good.
DOJ (Score:1)
I just went to the DOJ's website on the MS case (http://www.usdoj.gov/atr/cases/ms_index.htm) and sent them an email suggesting that they do the Windows refund boogie). Don't know if they'll do it, but if other people do so, they might. There is a mailto link at the top of the page.
Wrong. (Score:1)
blunt, to the point and accurate. Someone selling pirated copies is going to end up on the wrong (losing) end of a court battle.
Small Claims... (Score:1)
I read somewhere that (a) all lawsuits involving sums less than $x (I think it's $2000 or so) must go to small claims court, and (b) that representation by proxy is not permitted in small claims court.
Just out of idle, stupid curiosity, has anyone considered nuisance-suing Mr. Gates, as CEO of Microsoft, for Win9x refunds?
it was a herd of nerds - do it right next time (Score:1)
From looking at the pictures you can tell that it was a mamby pamby show of force. If they had really meant to accomplish a mass refund they should have resulted to tried and true acts of civil disobedience such as;
1) Chaining yourselves to the front door of the office building.
2) Sitting in a large circle to the entrance of the parking garage and sing "We shall overcome".
3) Throwing all your MS software in a pile and burning it.
4) Burning an effigy of Bill Gates or the MS windows flag - or at the very least burning that "Microsoft welcomes Linux users" banner.
Yes, they would have been arrested. But that's the point. It would have made great tv as the police forcibly dragged everybody and their penguine gear to the paddywagon. It would have been a lot better than the half of a soundbyte this story got. These pencil-neck pansies have to stop being well intentioned and let MS know that they mean business when it comes to the EULA.
KlomDark sucks shit (Score:1)
BTW: NT in this lab leaks memory to the point where any machine is unusable after 10 days (300MB of memory used, swap is full, 100MB kernel memory) and needs to be rebooted after 5 days. This is NT4SP4, with all kinds of extra stuff (AFS, NDS) to attempt to make it into a working system. Muhuhahaha! I've seen Linux run for that long without using 20MB of RAM!
Face it guys, Slashdot is fun. I like Slashdot. But KlomDark is not the end-all of OS excellence.
But, a big FUCK YOU to KlomDark. What an imbecile.
The Creationist Theory. There was nothing, which was God. And he made everything.
I like it... (Score:1)
Hmm.. that's a really good idea. You would have to educate them a bit I think. Would they buy a computer specifically to see if they could return Windows? Would they be fooled by the OEM telling them that Windows is part of the computer? Would they know not to even turn the computer on until they have a Linux boot disk in it? I think it could work, but only if you got a really good reporter that could understand this stuff.
Class action lawsuit (Score:1)
Yeah.. real bright there. Let's all go get a life and let Microsoft do as it pleases. Who cares about the law anyway? Why should a big successful company like Microsoft have to honor it's agreements with insignificant consumers? C'mon.. you need to ditch the apathy. You're officially part of the problem and another reason that Microsoft is allowed to get away with this kind of stuff.
I agree sort of.... the truth is what's needed.. (Score:1)
We need to find a way to put some real pressure on the OEMs to reveal exactly what prevents them from giving refunds for Windows. If they reveal that their contracts don't allow them to receive any compensation for those copies that are returned, then they need to be forced to either eat those costs or change their deal with Microsoft.
Either way, the truth needs to be made very public. Everyone needs to see this so that people will stop whining about how the government is just after Microsoft because it's big and successful. It would be a violation of the spirit of the consent decree, but not the letter of the decree since Bill asked for changes to the wording and the DOJ was dumb enough to make those changes. Once it is made clear to people that there is a violation here, maybe they'll wake up and realize that Microsoft is not the innocent victim here.
Read first.. then think.. then post.. (Score:1)
They tried returning Windows to the OEMs, but the OEMs said they can't do that. Since the agreement is between Microsoft and the end-user, with the OEM as a third party, going to Microsoft for a refund is the next logical step.
The OEM's argument that Windows is part of the machine is not valid. The EULA is not for the machine. It's for the software. It specifically says that if you don't accept the license for the software, that you should seek a refund from the OEM.
The OEMs are a third party to this agreement (meaning they gave their explicit consent to the terms of the EULA) and they are supposed to uphold the EULA as well, so there is a case to be made against them as well as against Microsoft.
How many times does this have to be answered? (Score:1)
Go read this post:
http://slashdot.o rg/comments.pl?sid=99/02/16/0827245&pid=884#1676 [slashdot.org]
Riddle me this... (Score:1)
Actually, I believe the EULA expressly forbids installing the OEM version on any machine other than the one the software came with. If I'm wrong about that, and someone can show the part of the EULA that says so, then this post is pointless.
Assuming that I'm right, then I would have to wonder if that means that you aren't allowed to change or upgrade any components in your machine? If not, then is the EULA tied to the processor? The case? The motherboard? I don't know. I doubt Microsoft knows either. They just want to leave things as open as possible to interpretation by their lawyers I think.
How about a Boston E-party? (Score:1)
Aleks
One major flaw... (Score:1)
If you do not agree to the terms of this EULA, Manufacturer and Microsoft Licensing, Inc. ("MS") are unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use or copy the SOFTWARE PRODUCT, and you should promptly contact Manufacturer for instructions on return of the unused product(s) for a refund.
"Product" here clearly refers to the "SOFTWARE PRODUCT," i.e., Windows. This is not a loophole. This says in plain English that if you reject the terms that your hardware manufacturer has licensed Windows to you (and it is your hardware manufacturer; they're reselling Windows) then you have a recourse: you can contact your hardware manufacturer and return the Windows license. Your hardware manufactuer has made a statement in this license that it will accept Windows for a refund. If it does not, it's probably committing fraud. The excuse that "Microsoft won't pay us back" doesn't cut it. The hardware manufacturer, through the publication of this license, has placed itself under a legal obligation to follow it, no matter what the financial cost to it is.
The protest against Microsoft is right-minded in spirit - it's a protest against the pressure tactics Microsoft uses to prevent hardware makers from honoring this clause in the license. Microsoft, though, doesn't have to provide refunds, since they didn't license the software to the demonstrators. Microsoft is correct that someone wanting a Windows refund should contact his OEM. If the OEM refuses to pay, then the only recourse for the consumer is legal action to try to force it to pay.
Piracy is now Legit (Score:1)
Quite simply the Windows EULA is a contract. It is all that stands between you and rampantly selling copies of your Windows CDs on street corners.
Since the PC makers and Microsoft are refusing to respect the license agreement it is invalid. If it is invalid then those who have been refused refunds are free to sell copies of the CDs.
Be prepared to fight though. This is a way to bring them to the courtroom since they will laugh off a class action suite for years.
Is it me... (Score:1)
And talk about an astroturfed poll...
3% think that M$ giving us refunds will raise the price of PCs? 25% think windows is part of the machine? Please.
--
microsoft is saying its the vendor responsibility (Score:1)
if microsoft is going to take this tack, this nullifies the end user license agreement between microsoft and the consumer!!! if they don't have to live up to the end of their agreement and are making it the responsibility of the vendor, then what right does microsoft have to enforce its end user license agreement?? they have transfered their rights to the vendor. electronic milhouse is in the process of setting up a microsoft software distribution site whereby, they will purchase a p.c. from an unnamed vendor and distribute the software freely since it is incumbent on the vendor to enforce the license and not microsoft. this is 100% serious. war has begun. see you on the news!!
electronic milhouse [nai.net]
"The lie, Mr. Mulder, is most convincingly hidden between two truths."
Re: (Score:1)
Comment on Marc Merlin's site (Score:3)
I'd seriously have to disagree with Marc's statement of "I can't say I really blame manufacturers for..." not giving a refund. After all, if the manufacturers would sell us what we ask for, then they'd never be in this predicament. It's not like they don't let you choose a different monitor, video card, etc. The OS should be no different!
Anyone have video? I'll put it on the Net (Score:1)
I'd be glad to encode it and put it on the Net
in streaming format - pop email to info@thesync.com
BBC coverage subtly noted the political element (Score:2)
Linux, rather than "users", and wrote the whole
thing up very much as some sort of political
rally. Nothing wrong with that - OS choice *is*
political. We'll be written up as freedom
fighters next time.
Mark Merlin sucks shit (Score:1)
BTW: NT was bright enough to finally give me a script timeout dialog box, where I was able to stop the execution of the script and then kill all the myriad explorer instances. NT DID NOT GO DOWN. Muahahaa! I've seen Netscape on Linux crash with less abuse.
Face it guys, Linux is fun. I like Linux. But it is not the end-all of OS excellence.
But, a big FUCK YOU to Mark Merlin. What an imbecile.
There people ARE NOT idiots! (Score:1)
generally it looks like a huge-moving party, with a few people @ the front organizing the whole thing. The point is to get people out there en masse as a SHOW OF SUPPORT.
As long as ESR didn't show up in a Thong, nobody cares!
It's all in good fun.
Now, go get your sorry head out of your butt and look around - what did YOU do today? hmm? complain? Anything else? No? then STFU!
--
You're going after the wrong company (Score:1)
A Class action suit against Dell, Gateway, Compaq and other large manufactures is the way to go about this. There are lawyers who would take this case on a contingency basis. If Dell, Gateway & Compaq were held over the fire, they'd go after Microsoft themselves.
What, no news.com? (Score:1)
Fire Regulations (Score:1)
'Microsoft welcomes the Linux community'? (Score:1)
i wonder if they beat each other up about how to pronounce "linux"
If you read the EULA (Score:1)
This looks good (Score:1)
_Deirdre
Orange County Refund Day (Score:1)
Here's my page of photographs and commentary [amazing.com]
D
KlomDark sucks shit (Score:1)
Pricing (Score:1)
Sorry all, that just really peaves me.
No Subject Given (Score:1)
Pricing (Score:1)
I think more people would be impressed if they knew Red Hat could be downloaded free of charge, or bought on 2 CDS from linux central for $2.95 + shipping.
or, even better, they might mention other distributions.
I understand your point but.... (Score:1)
I cringed looking at those fellows in the same way I felt embaressed for the Democrats during the last convention with their oversized hats and banners.
Come to think of it, I cringe every time I go to LA and see people in a nice restaurant with sneakers on as well...maybe I'm a jaded NYer.
AC
Hurting where it hurts... (Score:1)
You are an idiot. (Score:1)
Poll is rigged too. (Score:1)
Idiots (Score:1)
Part of the OSS movement is changing the rules. So they don't wear suits. So they wear weird cloths. The point is to win, not to replace. What do you think that the US setting up a democracy was about? They didn't set up a respectable monarchy. They did something really stupid, they gave people (even if just a fairly limited set of people at that point). And it worked. What's the point of fighting if you're not fighting for something?
Some starry-eyed idealism is worthwhile. Why win if you're not going to do something better than your competition. Maybe we are a bit nuts. Isn't that part of the fight? To be a little nuts? To give things away rather than keeping the source? To work together? That makes us a hell of a lot more weird than some funny clothes. The point is to win as we are, not to win by joining the enemy.
Another disclaimer: I was speaking with a good deal of hyperbole. I'm not advocating acting like a bunch of fools. I'm also not talking about not acting strategically. However, of the two ideas, giving away source code and wearing mildly funny clothes, which seems more nuts to you? Of course there is the idea of breaking people in gently. On the other hand, I can't help but think of the line from blade, "Get over it." There are a number of business men who really need to hear that.
If they don't honor the license agreement... (Score:1)
-RWR
'Microsoft welcomes the Linux community'? (Score:3)
That's pretty cunning of them
Building laptops... (Score:1)
That issue aside, every major city on the country has some small chop-shop computer store that buys Korean-built laptops (with names like "Novacomm" and things like that) that ship from the factory with no OS. I purchased my last laptop with no OS installed from just such a store in Orange County (CA). They charged me $50 less, and gave me a machine fresh out of the shipping container in the back of the store, probably untouched by human hands since it left Korea.
That being said, however, if you don't live in San Francisco, Los Angeles, Chicago, or any other city big enough to have a subway system, you probably are screwed. And this is what Refund Day was supposed to be about. Microsoft stated that you had a choice. While that is technically correct, it is highly problematic to purchase any assembled computer without a Microsoft operating system installed.
The flip side of this argument is: if you really want a computer without Windows, you can probably find one. Has anybody who wanted a computer with Linux installed ever called VA Research, Linux Hardware Solutions, or any of the other hardware vendors that advertise in LJ?
Maybe it's time we Linux folk actually put our money where our mouth is. Reject the Microsoft Tax by (here's a novel concept) purchasing your computers from a vendor that supports Linux in the first place, and won't treat you as a second class citizen!
Yes, and they even sell laptops. </rant>
This looks good (Score:1)
I think freaks are cool, being one myself. But if you want to be our spokesman, Eric, put on a damn suit when you're making a media appearance.
Other snappy dressers of our age... (Score:1)
Still, Obi-Wan? Please!
Idiots (Score:1)
I think people have a valid point that the Linux community might benefit from a more "mature" and less geeky, extremist image. But I don't think the extremists should be written off as idiots, nor disassociated from the success of Linux.
Personally, I'm not as worried about the geeky image in this event, because in my opinion this event should be targeted more at greedy lawyers with "CLASS ACTION LAWSUIT" written on their foreheads, not at PHBs.
Oh yeah, if I lived in Washington, I would have been there. Can't vouch for any penguin attire though.
----------
Maybe we are just a bunch of morons. (Score:1)
On a personal note, are any others going to that Linux Pavilion. It's like $200 for 4 days and a hell-o-fun. E-mail me if you are interested. I want to get a big group of us Star-War-lookin' LINUX junkies together for that.
Dissenter
Hurting where it hurts... (Score:1)
************
The foregoing ideas have been copyrighted. Works based on, derived from, or spawned from these ideas, regardless of shape or form are properties of BogoNicko Carpo, irrespective of content.
************
jkfyn.
Comment on Marc Merlin's site (Score:1)
Is it me... (Score:1)
Oh dear God (Score:1)
Yar... (Score:1)
you can't see how proudly waving a toy as a rallying cry makes you seem more like a member of a group of raving nuts and less like a concerned consumer?
the fact that 'refund day' and 'linux community' are so inextricably linked means that anyone who thinks that 'refund day' is an immature PR stunt (which, although incorrect, is a perfectly understandable first-glance misconception) also thereby thinks that the 'linux community' is a bunch of immature loudmouths.. which then negatively reflects upon the OS by detracting from all that it really is -- a damned good piece of software.
bottom line: if the people want to be heard they need to look more like -the people- and less like a selfish special-interest group.. and microsoft victims in general are definitely more the former than the latter. that's the kind of thing that needs to played up, and that's the kind of thing that you don't help by waving a plush penguin proudly in the air..
it's tough, y'know.
--neil
windoze irony (Score:1)
was sponsored by Microsoft. (had a couple of Microsoft banners on the page.) With the money Microsoft has, they can afford to be wrong for a long time.
Making a WinOS? (Score:1)
"We, Linux community, think Windows is a great OS, we just don't want you to give money to Microsoft for it, so here is the solution, give the money to us."
I must agree, it is still better than the current situation where people use Windows and give the money to M$...
Alex.
MSNBC poll going well - /. the article rating? (Score:1)
What's yer deal (Score:1)
RE: What's yer deal (Score:1)
Since the EULA states that should you disagree with the terms, you are to contact the "MANUFACTURER" of the PC....not the manufacturer of the OS, that would mean that the mfg. of said OS is not responsible for your refund.
(ignorance is bliss pal)
RE: What's yer deal (Score:1)