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

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zridling:


Even if you never use Windows nor want to, Dell will not enable your legal Microsoft refund of Win7.

"By using the software, you accept these terms," it reads. "If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit." UK-based school teacher Adam Drake recently tried the same Windows rejection trick. But his effort to secure a refund was in turn rejected by Dell. According to a company support rep, Drake was not entitled to a refund because his copy of Windows 7 was included with his machine for free. "The one that was charged to you is just for shipping and handling so that means you got the Windows 7 for free," the rep says. Presumably, the rep is mistaking Drake's copy of Windows 7 - which came preloaded on his system - with the Windows 7 upgrade kit that OEMs provided with Windows XP system around the time of the new OS's launch last fall. Drake made multiple efforts to convince her that the OS actually costs money and that he was indeed entitled to a refund.
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Ah, yes. This is the reason I don't buy commercial vendor systems. Even if I'm honest and agree not to use the software, I still have to pay as though I will use it. Go figure.

40hz:
I'd also wish you good luck getting them to honor the warranty on your hardware if you switch your OS.

Most (if not all) consumer level companies require you to do a troubleshooting session with their phone support people before they'll authorize a repair or return. 99.999999% of the time, the troubleshooting people will only work with a machine running XP, Vista, or W7.

One of the big selling points for buying vs building is that you get a warranty and support when you buy. If you switch your OS, that part of the deal goes out the window. Literally.

So in addition to your hardware, also be sure to check if your WARRANTY is "compatible" with Linux.   

One more thing to think about if you're a NIX user.  :-\  

Josh:
I really fail to see why you would expect money back in this case. You are buying a system knowing that Windows 7 comes INCLUDED IN THE COST of the system. This is almost, to me, the same as asking for a refund on an ice cream cone that has sprinkles on it when you know full well that the sprinkles were part of the ice cream cone you ordered.

I think that Dell was right on the mark with this and fault them in no way.

40hz:
I think that Dell was right on the mark with this and fault them in no way.
-Josh (March 19, 2010, 10:43 AM)
--- End quote ---

Most of the "understanding" for getting your money back if you aren't using Windows comes out of a "gentleman's" agreement between PC manufacturers, Microsoft, and various government regulatory agencies in order to avoid possible anti trust litigation.

Of course, all this needs to be done prior to you booting the machine into Windows. Do that even once and you own it.

A few years ago it wasn't too big a deal to get the "Windows Tax Rebate" on a new machine. Now that some time has passed, people (and regulators!) are starting to forget, so it's back to the "same old same old."

I wish the guy luck. But unless he's willing to invest a ton of time and grief into getting something like $35 back...well... "it just ain't gonna happen!"

Note: In return for their EULA being considered enforceable by US courts, Microsoft was required to insert the following clause into their license:

By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, contact the manufacturer or installer to determine their return policy for a refund or credit.

So basically, Microsoft shifted the burden of handling refunds over to the manufacturers. But at no time did it close the door on the possibility of a refund if you didn't use their product. Nor have they ever publicly shared how this gets handled between Microsoft and the PC makers. But I'd be willing to bet that, at the very least, all the bigger manufacturers receive credits from Microsoft in such cases.

Like in most things involving money -  "size" does makes a big difference.

Note 2: Windows cannot be INCLUDED because it isn't sold. It's licensed. Licenses are legal agreements. And to be binding, they require consent on the part of the party entering into the agreement. They're not automatically binding - and they're definitely NOT products - no matter what Microsoft would like people to believe.

 :)

Josh:
And my wife always said size didn't matter....anyways.

I understand the thought process behind obtaining a refund for Windows if you decide not to agree to the license. However, that said, I believe this applies to the sale of the boxes product. When you buy a new system you are mostly paying for hardware, not software unless you upgrade to a higher tiered edition of a product, and as such the software costs are "absorbed", for lack of a better word, by the OEM. Microsoft sells OEM copies because it removes the burden of support from them and basically the manufacturer is purchasing the software with no means of support minus some sort of MSDN or Support agreement purchased independently.

Again, since most OEM companies purchase in bulk, they get a large discount and often times eat that cost. It is usually only when you upgrade to say Windows 7 Pro from Home Premium that an additional fee comes into play. Now, if you were to fight that one and say you didn't agree with the license you should be entitled to the difference between the inclusion price (0$) of Home Premium and the Professional version (typically 70-130$ depending).

Again, I really do not see this as a problem with Dell as they are large enough to where they can purchase these licenses en mass and minimize the costs of including Windows at very little to no cost to the consumer for their "default" edition.

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