On Monday 22 March 2010 21:21:26 KH wrote:
> Am 22.03.2010 20:17, schrieb Mick:
> > TBH, I wouldn't pay money for it but as many OEM impose a MSWindows tax
> > on all of us I had no other option if I wanted to buy this particular
> > laptop.
> 
> You can refuse the license agreement and give windows back. If you are
> lucky, the vendor will give you some money back.
> 
> kh


Yeah right, good luck with that.

Three people in my entire country are known to have gotten that right, 2 from 
Toshiba. In all three cases, the hardware vendor refunded the cost as a PR 
exercise.

Microsoft are dead sneaky about this one, at least under ZA law. The hardware 
vendor accepted the license to install it (remember it's on OEM install not a 
box set), and you buy the hardware knowing full well that it comes with 
Windows. That's part of the deal and there is no deal on the table where the 
machine does not have Windows.

There is nothing unfair about this. No vendor has a *duty* so sell you what 
you want and they cannot be forced to. Microsoft does not enforce that vendors 
sell Windows-only machines (and they proved as such to the relevant 
Commission). Vendors almost uniformly virtually every model with Windows, the 
exceptions are low grade machines the no sane person would buy today, and 
servers). This is not even anti-competitive, the vendor can sell what they 
like and can offer only a certain OS of they choose. Much like a Toyota dealer 
is perfectly free to sell only Toyotas and cannot be forced to offer Hondas as 
well.


-- 
alan dot mckinnon at gmail dot com

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