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Dell: No refunds for Linux users who reject Microsoft's OS EULA

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katykaty:
I don't understand how Dell are responsible for the refund. It's MS's EULA, not theirs.

Unless Dell have separately agreed to underwrite the cost of the returns with MS.
-katykaty (March 22, 2010, 03:37 PM)
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The EULA explicitly says "return it to the retailer". Dell sold the copy of Windows why should MS reimburse you directly? If they did then Dell would keep the money they received for the sale and MS would cough up the refund - that would not make any sense.
-Carol Haynes (March 22, 2010, 05:36 PM)
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MS Should be the ones reimbursing because it's MS giving the purchaser the right to return the software under MS's own EULA. You can't force a liability on a third party just by telling people to ask them for money :)

Dell's contract with the purchaser is 'Give us some money, we'll give you this computer with W7 on it'. Dell would only be responsible if they'd got an agreement with MS to underwrite these returns. Which on reflection they probably have. In which case I've answered my own question and really ought to stop typing now  :-[

Dormouse:
Dell's contract with the purchaser is 'Give us some money, we'll give you this computer with W7 on it'. Dell would only be responsible if they'd got an agreement with MS to underwrite these returns. -katykaty (March 23, 2010, 05:26 PM)
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Dell have a contract with the purchaser. If the computer, as sold and advertised, does not have a working copy of W7 because the purchaser won't accept MS's EULA then that is Dell's responsibility not MS's. Dell, of course, do have a contract with MS and being prudent and aware of the EULA it seems reasonably likely that there will be some soft of comeback at MS if they do have to pay out.

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