Italy sues Microsoft for box-bundling bungling

[ponder]

http://www.channelregister.co.uk/2011/01/24/italy_consumers_sue_microsoft/

Italy sues Microsoft for box-bundling bungling
Windows tax is unfair
By John Oates

Posted in PC Builder, 24th January 2011 15:51 GMT


The Italian consumer watchdog is suing Microsoft over the "Windows Tax" – the near impossibility of an ordinary user getting a refund if they decide to delete Microsoft's software from a new computer or laptop.

The class action case says Microsoft makes it too difficult for people who buy a computer with Microsoft software on it to remove that software and get their money back. Most users do not realise that starting the software means you have accepted the end user licence.

The statement from the Italian authorities made it clear that they do not believe that hardware manufacturers are entirely blameless, but said: "the principal cause of the failure is Microsoft itself..."

The Associazion per i diritti degli utenti e consumatori (ADUC) has filed a case in Milan and invited anyone who might have paid the tax to join up.

ADUC noted that it had already won a "pilot case" – against HP.

ADUC is calling for private users who bought a computer bundled with MS software, and then did not use the Microsoft software – but presumably installed Linux or their own alternative operating system – to contact it. Such users are supposed to be entitled to a full refund on the cost of the products.

The battle to win Windows Tax refunds has been a long-running bugbear for techies. The victory of a Reg reader who finally squeezed some money out of Dell for deleting Microsoft's crud might bolster the regulator's case.

The consumer watchdog's statement is here in Italian, or Google Translate's version of Italian class action against Microsoft is here. ®

 

[The_Unbeliever]

Excellent.

 

[TheGuy]

I don't understand just buy a computer with nothing on it. I have bought plenty

 

[TheBossMan]

Flippen hell.. Bunch of freakin idiots as said above just buy a damn PC with nothing on, how hard is that plus the pc cost cheaper if you buy without any OS. Another thing why do some idiots mmm. sorry meant some people wanna buy some branded / pre-build PC ???

Just build one urself - if you don't have the knowledge get your closest PC shop to build one according to ur specs...

 

[Valerion]

Flippen hell.. Bunch of freakin idiots as said above just buy a damn PC with nothing on, how hard is that plus the pc cost cheaper if you buy without any OS. Another thing why do some idiots mmm. sorry meant some people wanna buy some branded / pre-build PC ???

Just build one urself - if you don't have the knowledge get your closest PC shop to build one according to ur specs...

Sometimes it's unavoidable. I bought a HP laptop that shipped with Windows 7. No choice in the matter. I happened to need Windows 7 so it was good, but HP refused to sell it to me without a copy of Windows. Or with a different edition.

 

[TheGuy]

Sometimes it's unavoidable. I bought a HP laptop that shipped with Windows 7. No choice in the matter. I happened to need Windows 7 so it was good, but HP refused to sell it to me without a copy of Windows. Or with a different edition.

But then it's clearly the manufacturers fault. O right I'm going to sue Good Year because Nissan refused to sell me a car without Good Year tires.

 

[Lounger]

I don't understand just buy a computer with nothing on it. I have bought plenty

Show us a link to these consumer PC's from Acer, HP, Lenovo without an OS. During my last visit to incredible connection I saw that 100% of full-sized PCs were Windows based and pre-installed.

 

[Lounger]

But then it's clearly the manufacturers fault. O right I'm going to sue Good Year because Nissan refused to sell me a car without Good Year tires.

I don't think GoodYear have cornered the market on tyres. If the majority of cars sold came with the same tyres, the Italian government would also intervene.

 

[Valerion]

But then it's clearly the manufacturers fault. O right I'm going to sue Good Year because Nissan refused to sell me a car without Good Year tires.

And if I already own a full copy of Windows 7? I now have to re-purchase it simply because the manufacturer have a deal with the software supplier.

Let's try this: All cars ship with Good Years, you don't have a choice in the matter. The Good Year Tyres on the car that I purchased may not legally be used on another car, otherwise I break the contract I signed when I drove off with the car (not with the car manufacturer, with Good Year). If I want to take off the Good Years and put my own perfectly working set of Firestones on, then I have to purchase the Firestones first. And if I go back I have to call Good Year to actually be told what size spanner I need to change the wheel nuts (phone in for a new activation code). And if I do it too much the Good Years will be remotely changed so they never work again.

The car analogy doesn't work here, so you'll have to come up with something else, I think.

 

[TheGuy]

Show us a link to these consumer PC's from Acer, HP, Lenovo without an OS. During my last visit to incredible connection I saw that 100% of full-sized PCs were Windows based and pre-installed.

And if I already own a full copy of Windows 7? I now have to re-purchase it simply because the manufacturer have a deal with the software supplier.

Let's try this: All cars ship with Good Years, you don't have a choice in the matter. The Good Year Tyres on the car that I purchased may not legally be used on another car, otherwise I break the contract I signed when I drove off with the car (not with the car manufacturer, with Good Year). If I want to take off the Good Years and put my own perfectly working set of Firestones on, then I have to purchase the Firestones first. And if I go back I have to call Good Year to actually be told what size spanner I need to change the wheel nuts (phone in for a new activation code). And if I do it too much the Good Years will be remotely changed so they never work again.

The car analogy doesn't work here, so you'll have to come up with something else, I think.

But manufacturers are the ones that need to be sued they don't sell computers without Windows.

 

[Ockie]

But manufacturers are the ones that need to be sued they don't sell computers without Windows.

Perhaps...but why? I am sure MS makes it very very yummy for the manufacturers to sell their hardware pre-installed with Windows. I think there is a lot of "I scratch yours, and you scratch mine" going on here.

 

[ponder]

Perhaps...but why? I am sure MS makes it very very yummy for the manufacturers to sell their hardware pre-installed with Windows. I think there is a lot of "I scratch yours, and you scratch mine" going on here.

That's basically the gist of it. Kinda similar to that deal/collusion/blackmail Intel had with hardware manufacturers some time back which the courts put a stop to.

Nobody should have to pay for an OS they don't need, yes the bundled OEM price is relatively cheap but if I don't need it why should it be included in the purchase price?

The best chance of getting a OS free pc is to build your own, if you buy any brand name pc or laptop 99% of the time the OS is forced on you.

 

[Ockie]

The best chance of getting a OS free pc is to build your own, if you buy any brand name pc or laptop 99% of the time the OS is forced on you.

Indeed...but you cant build your own laptop...and all the laptops being sold has got Windoze preloaded on it. The only ones that dont is obscure brands like System76 and those are fugly laptops! hehe

 

[murraybiscuit]

which brings up the question of mac.
could you not also boot linux off mac hardware too?
just a silly question.

 

[ponder]

which brings up the question of mac.
could you not also boot linux off mac hardware too?

Yes you can. But keep in mind that with Apple they provide both the hardware & software so it's one company as opposed to MS+Dell MS+HP MS+Lenovo etc etc