Feb 15 - Microsoft Refund Day
theregister.co.uk
Linux user wins refund for unwanted Windows 95
A loophole in Microsoft's end user licence agreement -- and a little perseverance --
has allowed an Australian user to be refunded for not to use Windows on his Toshiba
laptop.
However, it's clear the PC vendor has to bear the cost -- not Microsoft.
Notebook owner Geoffrey Bennett spotted a clause in the End-user Licence
Agreement (EULA) for Microsoft Software which was included with the pre-installed
copy of Windows 95 that shipped with his new Toshiba.
The Agreement (ungrammatically) said: "If you do not agree to the terms of this EULA,
[the] PC manufacturer and Microsoft are unwilling to license the software product to
you. In such [an] event, you may not use or copy the software product, and you should
promptly contact [the] PC manufacturer for instructions on [the] return of the unused
product(s) for a refund." (our italics)
An enthusiastic Linux supporter, Bennett had already decided to install that version of
Unix in place of Windows, so he figured he should return the Windows 95 CD to
Toshiba.
Initially, Toshiba's Australian wing was unhelpful. It would accept return of the
notebook, reports Bennett, and issue a refund, but not for the software alone -- its
contractual obligations to Microsoft prevent them unbundling the software from the
hardware.
One Laurie White, a Toshiba Australia product manager wrote to Bennett saying:
"Toshiba is required by Microsoft contract to provide and purchase a valid operating
system. Toshiba cannot get a refund from Microsoft... so we cannot refund you."
With costly legal action the only way to secure his refund, Bennett now decided to give
in. However, at this point the story starts to get murky, with Toshiba apparently trying to
show that Bennett had de facto agreed to the EULA by using his notebook, which had
just been discontinued by Toshiba.
In response, Bennett claimed he had immediately installed Linux via a boot floppy,
and thus had never activated Windows.
And so Toshiba finally agreed to pay Bennett A$110 in return for his Windows 95 CD
and all the documentation that accompanied it, which he did. ® |
