back to article Dell bars Win 7 refunds from Linux lovers

Dell has told a Linux-loving Reg reader that he can't receive a refund on the copy of Windows 7 that shipped with his new Dell netbook because it was bundled with the machine for "free". In October, another Reg reader succeeded in gaining a $115 (£70.34) refund from the computer maker after he rejected the licence for …

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        1. ElReg!comments!Pierre

          disregarding the law, or not?

          " "is it idiotic to buy a Dell machine when you don't want Windows", ehm who are you quoting here?, I don't believe I said that!"

          Erm, I don't believe I said that you said that -other people in this thread have, though-, and I phrased it as a question. To which my personnal answer would be "somewhat", btw. That's one of the reasons why I don't buy Dell kit.

          "Would you feel it was fair to remove the CPU from a system and return it for a refund?"

          Would you feel it was fair to prevent you from re-using said CPU (or the RAM, or hard drive,...) in another machine? Would it be fair to prevent you from reselling them should you not need the machine anymore? Actually you could even resell the whole machine /as is/ if you wanted to... but for the OS because the OEM Windows license is tied both to you AND to the machine: you cannot re-use it, and you cannot resell it. i.e. you pay for it but it has exactly zero value once you start using it. Which is why MS was forced to propose this refund option.

          "if I bought a DVD player and it came with power dvd and I didn't agree with the terms and returned it for a refund I would need to return the whole product not just the power DVD disk, they would not be complying if you bought the item and gave you no refund if you then sent it back because you read the EULA and disagreed with it."

          If your DVD player's seller acted as a reseller for PowerDVD, and the PowerDVD EULA stated that you are entitled for a refund if you don't want PowerDVD, I would very much expect a refund if I choosed to get rid of PowerDVD.

          "Having said this if I were dell I would probably offer the hardware with no software installed for those who are so offended by windows licenses or don't understand how to format the hard disk"

          No you wouldn't, because you would be tied by borderline-legal agreements with MS. Which is precisely why they were made (by court order) to provide the refund option.

          "however I wouldn't offer a discount as there are so few of them and the hassle in the production line and testing etc would probably offset the cost saving anyway. Also I guess I would remove all entitlement to any sort of support for any non-standard system."

          Appart from the fact that Windows (any version) is anything but "standard" (the "de facto" argument is fallacious, and wrong as the different flavours are not even compatible with each other), you could. MS would still kick your sorry arse though, as the real point here is to build a monopoly and construct nice market share figures to boost their stock. They probably don't care a lot about the price of the license -and neither do I-, they just want to be able to say that 99% of PCs run Windows (even if that's not actually the case). That's what I object to.

          "I don't feel offended by this as I know that if I could have bought the same hardware from another vendor sans windows I could have done"

          Good for you.

          "but that Dell's business model and totally up to them."

          No it's not. They act as a reseller for MS, and thus are bound by MS engagements. If they don't like that, they can stop selling Windows altogether. MS legally HAS to propose a refund if you don't want their crap, and they pass the bucket to the reseller (which is standard practice, if somewhat morally discutable). Therefore Dell _have_ to comply. Or they can stop being MS resellers.

          I actually own several Dell machines, which I bought second-hand -some for spares-, and none came with any OS because the previous owners could not resell the license. No biggie as they all run Debian or some BSD now, but the fact is, Dell disregards the law by merely _renting_ Windows licenses (i.e. they rent the right to use the OS, which is akin to a rent in itself, so they kinda sublet the OS) while disregarding the legal refund obligation that was dumped on them by MS.

  1. Anonymous Coward
    Thumb Down

    Worked for us

    In the past we used to order desktops which came preloaded with Windows, and it was company policy to return the licence and get a refund prior to installing Solaris. Always worked for us.

    Of course uSoft will soon figure out the "administration charge" wheeze. "Yes you can return your copy of Windows for a $70 refund. Note: we will apply an $80 administration and restocking fee to your request".

    1. Semihere
      Joke

      ...to which you reply...

      "Yes you can return your copy of Windows for a $70 refund. Note: we will apply an $80 administration and restocking fee to your request"

      And that payment will be made, minus an administration charge of $150 to handle the time wasted in having to return the unrequested licenses in the first place when no choice was given for an OS-free version.

    2. Mark 65

      Not in the UK

      Don't think we have a restocking charge and I'm not sure that you could get away with it.

  2. Anonymous Coward
    Anonymous Coward

    Windows 7 free from Dell

    So if Dell is offering free copies of Win 7, can we all have one please? Where do I order my free copy? The mistake was made long ago when MS was allowed to force manufacturers to install only windows on their products. A comparison would be if perhaps Ford entered an agreement with Esso that you could only fill your car with Esso gas, and of course doing anything else would invalidate your warranty. Hmmm, I wonder how that would affect the sales of Ford cars?

    1. Alex 0.1
      Stop

      Not quite

      It's more like Ford entering into an agreement with Esso that you have to use Esso fuel in your car, but that you can fill your car up for free for the rest of your life using Esso fuel. Then, the price of what would otherwise be an £8000 car is hiked to £15000. If you don't like the fact that you're paying the extra cash for free fuel for life, the answer is go buy a different car and pay for your fuel, not buy it then whine about wanting the 7 grand back because you'd rather use Shell.

      1. Anonymous Coward
        Flame

        Unbundle Esso, or rather, Windows!

        I actually considered this analogy recently, although I had Shell doing the bidding of Esso/Exxon. But again, your "I wouldn't mind" attitude is an obstacle to any comprehension of the matter.

        What if every car sold through a dealership had this "free fuel offer" attached and you couldn't choose to drop it? Or if you could, you'd still be paying £15000 because Ford/GM/Renault/VW claim that the fuel really is "free"? Have you considered what the regulatory response to this would be? I guess not: everyone concerned would be fined heavily by the regulators.

        All you're doing is saying that companies can bundle together as many products as they like, whether you want all of them or not, name a price (£15000), and then tell you that one of the products really costs as much as the ticket price but not the others. Oh, and you can't actually obtain the other things for free, even though they're separate things (the car doesn't have a pre-filled bottomless fuel tank). It doesn't take an economist to know that you're paying for the "free" products somehow - £7000 in this case - but all you're doing is advocating for that figure to remain secret.

        In effect, you're advocating an effective tax - there's £7000 (or the price of Microsoft Windows) that you can't avoid, even though there's no practical reason for its imposition - and price opacity (as opposed to transparency) - that all car manufacturers and retailers can pretend that a car really costs £15000 (or that a computer really does need Microsoft Windows which magically doesn't contribute anything to the ticket price). Next, you'll make the laughable claim that you're in favour of the free market or something.

        It is through such consumer ignorance as your own ("No, Mr Regulator, I'm OK with this!") that corporations are able to dish out the shoddy treatment they do. And yet you were so close with the car analogy.

      2. ElReg!comments!Pierre

        Yes quite.

        When they force-sell Windows, Dell don't offer anything more than what you'd get for buying a retail copy. They DO NOT offer a "lifetime free refills"-type feature that you wouldn't get if you got Windows by choice. Actually these days they offer LESS as the installs don't come with a physical support anymore. But as they charge less for the OS, it kinda balances out. Except if you want a real OS instead, in which case you end up paying MS for nothing, both directly and indirectly by inflating their perceived market share (it's great for their stocks and for abusing gullible customers with lies such as "everyone has it so you must buy it if you want to work with other people". Very effective with the idiots, the elderly, and the managers).

      3. John G nolet

        Not a bad analogy

        But think Diesel vs Gas and ask why we are not all driving Diesel car or Hybrid by now!

      4. I didn't do IT.
        Boffin

        Not Quite RE: Not Quite

        ... as long as you realize that the "life" of the car is inherently limited to X number of years. After that, support is dropped and you are on the side of the road.

        Just slightly better would be, instead of a consumable (which the OS is not), it was compared to the engine of the car (or powertrain):

        For the life of the vehicle (determined to be 5-6 years or so), we warranty that the engine installed in your vehicle will operate according to our minimum standards (by they high or not). Any security or functional modification will be done remotely when you connect your car to the Car Live! network. It is recommended you allow the car to automatically connect to the Car Live! network every night at 03:00 (local time) and update as needed. When we degrade support for your version of engine, we will only do minimal security updates. After this "grace" period, we will then no longer support updates to your engine. We provide no warranty that any tire, steering wheel, radio, etc. or other component will work with your engine (unless that manufacturer is also REALLY big and force legal action on us or bribe us to fix something). Any attempt to tweak your engine using anything other than our tools voids this warranty.

        BEWARE PIRATE ENGINES!

        So, if you can keep it going yourself without their "help", good for you. Just remember that unlike a physical product (like an engine), you can't give it any needed overhauls or replace broken parts after the support life-cycle ends. :(

  3. Kai Lockwood

    Policy varies with OEM

    I just recently bought a lowend Toshiba laptop and the EULA for this machine stated that the return policy was (and I quote):

    "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 its return policy. You must comply with that policy, which might limit your rights or require you to return the entire system on which the software is installed."

    Toshiba's policy on not accepting the EULA is:

    "...TAIS DOES NOT ACCEPT THE RETURN OF COMPONENT PARTS, OR BUNDLED SOFTWARE, WHICH HAVE BEEN REMOVED FROM THE TAIS HARDWARE PRODUCT. PRO-RATA REFUNDS ON INDIVIDUAL PC COMPONENTS, OR BUNDLED SOFTWARE, INCLUDING THE OPERATING SYSTEM, WILL NOT BE GRANTED. "

    The loophole has closed.

    1. Mark 65
      FAIL

      Moot

      I think the whole argument is whether, in the EU, it is legal or not. If it is not legal to bundle the unwanted and refuse to refund it's cost upon return then any contract is moot - you cannot sign away statutory rights.

  4. Anonymous Coward
    Thumb Up

    windows 7

    1/ Use a hair drier to remove sticker from computer .

    2/ stick on dvd case

    3/ download iso of windows 7

    4/ sell for £65

    5/ go to pub

    easy

  5. Neil Greatorex
    Pint

    Novatech

    Buy one without the MS tax, and from people that talk properly.

  6. Anonymous Coward
    Paris Hilton

    I wish more sales people had a bit of spark

    Many moons ago I was involved with said refusnik company and I can only say that I wish the sales people were of an appropriate level where they could communicate with customers. Yes, marketing dosh from Microsoft kept the availability of alternative operating systems hushed and difficult to find, but most business machines were available with FreeDOS for a nominal tenner. Thus ensuring that all systems shipped with an OS of some description and therefore enabled tech support troubleshooting (if said FreeDOS was ever installed, which could be insisted upon by the tech support engineer in order to troubleshoot a system as it shipped). Also I beleive that it was a certain Redmond based company that stipulated that although a system didn't have to ship with a Windows OS, it had to ship with something in order for the manufacturer to have a chance of a sicky 'WIndows' label applied to machines that did ship with a MS OS.

    Anyway, obviously an anonymous post.

    Paris, as most sales people are about as knowledgeable.

    1. Rob Beard
      WTF?

      Naked PCs

      Correct me if I'm wrong but is there ANY law that requires that a PC ships with an operating system pre-installed?

      Okay I know Microsoft say that PCs shipped without an OS are 'Naked' and 'can' be subject to piracy but heck, doesn't mean they will, just as much as I could run over the neighbours with my car, doesn't mean I will (I don't want to dent my car!).

      Rob

  7. Stu
    Megaphone

    Nah

    He should definitely fight this, bring it to the courts so the rest of us have legal 'precedents' to work with.

    But you know what will happen, MS's EULA states 'Refund or credit note'.

    I wonder which one Dell will provide him with....

    Hmmm, let me think.....

    Just what the hell would somebody do with a $100 credit note from Dell, buy a Dell (Logitech) wireless keyboard? whoop de doo, either way he has to leave the money in Dells hands which would leave me galling.

    .

    There's always routes out for these ruthlessly unscrupulous companies. It seems the bigger they get, they just feign that they're too big a company to be flexible in such matters.

    But then because El-Reg posted the story (good job there, I doubt whether most of us will be able to muster up an IT related consumer rights news story) Dell will probably retract it and give him a refund. Oh and then claim it was a processing mistake so they can't do it for everybody else.

    1. MonkeyBot

      $100 credit note

      "Just what the hell would somebody do with a $100 credit note from Dell, buy a Dell (Logitech) wireless keyboard?"

      Buy a couple more, get the credit notes and use them to buy another laptop.

  8. Jamie Kitson

    "a touchpoint point for training refresh"

    Jesus Christ

    1. frank ly
      Happy

      Not Jesus

      "Jesus Christ"

      No. It's the Borg.

    2. mafoo
      WTF?

      a touchpoint point

      That made me do a double take.

      Still not sure if the spokesperson were using sanctioned vocab, or just making words up.

  9. Jamie Kitson

    Do Agree

    They state that you are buying a machine with Windows on it, it shouldn't be a surprise to you when it arrives with Windows preinstalled.

    1. Mark Eaton-Park
      Paris Hilton

      @ Jamie Kitson where is in option on Dell site not to have winddowns

      The MS user agreement gives the option of a refund, I thought even MS users knew this.

      If he wanted a Dell in the knowledge that Dell have refunded in the past then he was quite correct to expect the same.

      These people just need to keep going eventually Dell will have to abide by the eula as they say it is part of the machine

    2. Marcus Aurelius
      FAIL

      No surprise but

      If Dell provided a machine without any OS whatsoever on it then you'd have a case. The Windows sign on EULA specifically allows you to not install and get a refund. Its the first opportunity you have to say "No" to Windows.

    3. Anonymous Coward
      Anonymous Coward

      Missing the point

      Jamie, the problem is that the EULA states that Windows can be returned to the manufacturer. If Dell isn't going to honor this policy, then it is in violation of its own licensing terms with Microsoft.

      Besides, that clause in the EULA is the only thing that keeps Microsoft and Dell out of a DOJ lawsuit for racketeering.

  10. Glen Turner 666

    If the EULA refund clause is thwarted, then Dell are third-line forcing

    The clause is in the EULA to protect the hardware manufacturer from claims of third-line forcing, a behaviour forbidden by most consumer protection legislation. Dell's take it all or leave it all modification to the exercise of the EULA term very much results in third-line forcing.

    This isn't a problem for Apple, as both the Mac and MacOS are made by the same company.

    If a claim for a refund is rejected then I would approach your consumer protection agency.

    1. Robert E A Harvey
      Gates Horns

      Now then!

      I'm told the trick is to video the startup procedure and then involve the Trading Standards department.

  11. Anonymous Coward
    Stop

    Free return of lappy........

    If it was me, I'd just return the lot and get a complete refund.

    It'll cost Dell alot more to try to sell a second hand machine than just to refund.

    It's not like Dell machines aren't crap anyway, the guy could do much better.

    1. Anonymous Coward
      Linux

      Right. So what we do

      is organise a mass purchase of Dell laptops, followed by a mass return for a refund.

      Tux, because Paris isn't open source, unfortunately.

  12. Anonymous Coward
    Anonymous Coward

    never buy dell

    I bought a netbook recently with windows on it, immediately replaced it with Linux and posted the windows serial online for erm, "educational purposes"

    no hassle and you get the added bonus of denying ms more than the cost of one copy of windows.

    1. Anonymous Coward
      Anonymous Coward

      Good Idea!

      Is there a website for this? Full of unused Windows serials?

      If I ever need an activation code for a VM I just go into a large company I work for who is forced to buy laptops with Vista/7 licences. They immediately downgrade them to XP (bulk license paid for) for use in a specialist system.

      This is one of the places that all the Vista/7 sales are going

  13. paul 97

    pity

    If I bought a dell with windows on it - I would put linux on it.

    I would happily take a 1p refund or credit note. Sometimes its not the money just the fact that Dell thinks its a windows sale and therefore windows is popular.

    Measuring linux install base is very very hard - because of things like this.

    1. henrydddd

      Del with linux

      I put linux on 2 Del computers this week

  14. blackworx
    Flame

    FFFFFFUUUUUUU

    "touchpoint for training refresh"

    Wow. Four little words. Well, three actual words and a fucktardism. Who would have thought they could cause such rage?

    Get on the blower to the lads at Oxford and tell them to can the fusion reactor, we've found a more potent and inexhaustible source of energy, although it is admittedly a _bit_ more volatile.

    Breathe in, breathe out, breathe in...

    1. Flugal
      Thumb Up

      Quite

      My thoughts entirely.

    2. Anonymous Coward
      Flame

      Touchpoint? I agree. This is exactly the point.

      Steve Ballmer might be a complete bastard, but to my knowledge he has never uttered the phrase "touchpoint point for training refresh" in public.

      My (admittedly indifferent) feelings towards the Windows tax issue are completely dwarfed by the violence I want to do the person who said this drivel.

      I'd like to go round and give them some fucking "synergy" to think about.

      I'd "push the envelope" up their "low-hanging fruit", I can tell you.

  15. Charles Smith
    Grenade

    You expect us to buy Dell in the future?

    Ah well, that's just deleted Dell from my suppliers list and also from my recommendation list for my clients. My most recent order was for 100 PC's and they were Dell.

    I'll have fun when the Dell rep next calls me. "Tell me about your business practices Mr Dell?"

    1. Jolyon

      You expect me to buy services from you?

      If you thought Dell were worth buying before why not continue to recommend them now? I can't beliieve they were only on your suppliers list because you believed their business practices were exemplary.

      I won't buy services from someone who gives bad advice because of a point of principle; don't assume that your issues are my issues.

  16. RichyS
    Gates Horns

    Not just Dell

    My wife's school purchased a load of MSI Wind all in one PCs. No-one builds these PCs and sells them without Windows, so the 'buy from somewhere else' argument falls through.

    Now, the problem here is that the PCs come pre-installed with Win 7 Home Premium. Fine, except you can't join a domain with HP. The PCs don't come sold with a preinstalled Pro version. So, my wife's school had to buy a copy of Win 7 Pro for each machine (a site license would have cost even more, as you have to declare every PC in the school, regardless of whether you want to install Windows on it -- all the other PCs have legitimate OEM copies of Win XP Pro). Now the school has paid Microsoft twice for each PC. No wonder their sales figures are so fecking good.

    Naturally, the EULA on each PC was rejected (so Pro could be imaged). On asking the retailer (CCL) for a refund, she was told that the PCs were sold as a package, so no refund was possible. Thanks CCL, that's a few books you've stolen from the school.

    Just to be bloody minded, I think I'll take this up further with them...

    1. Jolyon

      Maybe someone should bring teacher an Apple.

      That isn't evil business ripping off hard done by schools that's an idiot making a bad purchase.

      "We bought a load of things that obviously wouldn't do what we wanted and then had to buy more stuff to get the job done."

    2. This post has been deleted by its author

    3. Michael Hitchins
      WTF?

      missing the VLK point

      your post sounds like you're trolling MS. Maybe the government department that looks after all your schools is utterly incompetent, or you have some wacky per school management idea designed to utterly break the benefits of volume purchasing at any level, but I do doubt it.

      If your education department doesnt have a contract with MS to supply software I'd be amazed, and looking to quickly fire the CTO and put someone who has a clue in his place. I'd rather imagine there are contracts in place, maybe not run as full on as the West Australian system that I know oh so well, but instead your school is going it alone for one reason or another.

      Any large education organisation can get very flexible licensing from MS, and this includes downgrade and upgrade rights if the price is right. Such a license would allow you to use a VLK to install any computer with any copy of a MS OS installed on them. This would happily cover your HomePrem to Pro7 upgrade or a downgrade to WinXP Pro.

      I'm guessing this is in place for you, as MS are keenly interested in getting into every school ever and this system gives them 2 sales and gives you an appealing level of flexibility. What I see from your post however is a lot of strange waffle about site licensing, and it leads me to believe whoever chose to go down this path did so either misinformed or rather deliberately to troll MS.

      VLK can be issued for 10 or more PCs. This should be considered just a fact, really. You dont need to declare anything to get them, or buy a site full, just order the amount you want. You'll get the education discount if you're in education, but, and its a big but, unless you're a tiny self supporting education centre you'll find the loverly MS rep on the other end of the phone will point out you have already got an organisation-wide license if you actually ask.

      Lastly of course without a VLK of some description imaging your new toys would be hell on earth, dealing with activating OEM or retail keys and having individual keys per PC... I doubt any tech went down this path, but if they did they are either hugely incompetent or really trying to show 'how evil MS are' by doing the most convoluted setup possible.

      I'd consider raising this via school management personally. I wouldnt want to see that much coin pissed away like that, but thats me

  17. Anonymous Coward
    FAIL

    UK-based school teacher Adam Drake

    Sounds like a show boating Douchebag from this article.

    Quite frankly if I was the rep I wouldn't have given him his money back if any one talks to me like that.

    1. hplasm
      FAIL

      The return of-

      The Internet Tough Guy.

      I thought you were dead?

  18. sage

    Void

    I once bought a laptop from TigerDirect that had Vista preinstalled on it, so I reformatted and put Ubuntu on there. Rather than getting a refund, they informed me that by rejecting the EULA and removing Windows I had voided my warranty.

    Windows may not be free, but the viruses you're about to get will be.

  19. Henry Wertz 1 Gold badge

    I'd return it too.

    "If it was me, I'd just return the lot and get a complete refund."

    Me too! Well, honestly, I would look first for a unit that doesn't have Windows. But, I will not pay for Windows, period, the EULA allows a refund. Showing Windows at 0 cost and bundling it into the cost of the unit is probably illegal bundling, I would certainly return the lot in this case. This is the thing, Dell is figuring people will just suck it up -- if they don't, then Dell will follow the rules.

  20. Anonymous Coward
    Jobs Halo

    Linux?

    My Mini 9 runs Mac OS X 10.6.2 quite nicely.

    1. Anonymous Coward
      Grenade

      So?

      Your point being that you own something rather boring...? Or?

      1. Anonymous Coward
        Grenade

        RE: So?

        Ponig being that windows sucks and anyone with half a brain is going to want to install something else instead...

  21. Ryan 7

    Even if Windows is not free

    The OEM copies that Dell get only cost about £15 to £20 anyway. THAT should be the refund amount, not the retail or system-builder (the OEM that you can get in shops) price.

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