back to article Israeli Linux fan squeezes Windows refund out of Dell

A Dell customer has struck an out of court settlement with the computer giant after being refused a refund apparently guaranteed under the terms of Microsoft’s Windows licensing agreement. According to Ynetnews.com, Ziv Devir from Haifa, Israel, sued Dell in the small claims court for the cost of the Windows operating system …

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  1. Goat Jam

    To all the car analogy numbnuts

    If car manufacturers sold their vehicles with a EULA that stated "by using these tires you agree to all the terms and conditions of this EULA etc etc" then it would be quite reasonable for purchasers to return those tires if they choose to reject the EULA.

    If PC manufactures want to sell you a product that includes a legally binding contract that cannot be read or agreed to prior to purchase then they simply have to stump up and provide refunds to those people who do not agree to the terms of that contract.

    It's quite simple.

  2. James O'Brien
    Stop

    @Anonymous Coward Posted Thursday 4th December 2008 16:05 GMT

    Umm then why do I have a Dell laptop that has been happily running Ubuntu, in a closet, without reboot....for the better part of a year?

    Speaking of that I should probably update the OS.....

  3. Dave

    Shrink-wrapped?

    How easy is it to inspect the particular EULA with a machine before purchase? If you can't read it you don't know at that point whether you are prepared to accept it or not.

  4. Steve Lowry
    Unhappy

    Shop around

    Firstly I'm definately not a Microsoft fan boy, however I think it needs saying:

    The EULA does not entitle you to a refund only points you to whom to need to ask IF you can have a refund. OEM's are fully entitled to say no.

    For most people the packages sold by main stream manufactores are perfectly acceptable, but if you want something a little different be prepaired to have to shop around for it. You can't keep using the excuse that you cant buy a computer OS free or with the OS of your choice any more because you can. Have a look.

    Back to the car analogy; you don't buy Ferrari for the engine and wine constantly because the seats arent the colour you wanted.

  5. Turbo Beholder
    Coat

    IANAL, but...

    whether OEM or wrapped retail CDs it's obviously full of... slippery things. To begin with, unholy combination of 2 contracts: offer to public at large from shop and EULA from M$ - with whom EXACTLY you're dealing in what, or to which degree ? Normally manufacturer can be involved only via "consumer protection". If it's not yours until you submit (or even after) - then what EXACTLY did you just purchased in shop and what shop itself did bought from M$ ? And this inevitably leads to "uh, ask third party's home rules" crap. "Sticker-based" contracts ? Come on. Suppose you'll buy something in closed envelope and it turns out to contain note "uups, you owe me 1000$", or "by opening this you gave any passer-by right to strip-search you". Isn't it the same ? Agreement with content changeable without even prior notice ? Great. They already smuggled some interesting things there, and who can say it's the top of their imagination ?

    http://www.infoworld.com/articles/op/xml/02/02/11/020211opfoster.html

    @ Adam: if you could catch food manufacturer doing what M$ and their subsidiaries do, it could be rather sensible idea to send *missiles*, not sausages. If arrested, just produce their EULA and claim self-defence. =)))

  6. bobbles31
    Coat

    I don't get it?

    Its like removing the Gherkin from your Big Mac and asking McDonalds for a refund If you don't like Gherkins, buy a Burger King where they will make it to order.

    I appreciate that you are trying to make a political point but come on you are being completely unreasonable. I personally buy my gear from a manufacturer that DOES allow a NO OS option.

    If Dell started seeing lots of their competitors selling machines with no OS installed the option would soon appear on their website.

    As the Italians say, "You can't have a drunk wife and a full bottle of wine."

    Mines the one with the empty bottle of wine and two annadin in the pocket.

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