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. apexwm
    Stop

    This is a disgrace

    We all know that Windows is not free. If you have to buy it in a retail store, then you need to buy it with the PC. If Windows was free, then it would be free to download, like Linux. However, treating it like a "component" of the PC is very clever on Dell's part. If they are not willing to allow the customers to truly customize their PC and remove Windows, then I'd suggest shopping at another vendor like HP. I've heard HP honors the refund, not sure on Windows 7 though.

  2. Anonymous Coward
    Anonymous Coward

    OEM deal = anti-competitive

    Resellers should be obliged to sell separate OS-licences for the price of a bundled one. Solves the problem. In this case the customer could request any number of windows-licenses for the same price as the bundled one (free) to resell to recoup his/her expenses.

    1. Solomon Grundy

      No

      No they shouldn't.

      1. The BigYin

        Yes

        They should. (I can rise to the same level of argument.)

        What is the reason for your stance? Mine is that we need consumer choice and we don't have that at the moment. The major OEMs all force you to have Windows and to pay the MS Tax.

        1. Anonymous Coward
          Anonymous Coward

          Buy the Ubuntu version

          Plese check your facts - Dell offers a version with Ubuntu. Buy that if you don't want Windows, but don't buy the Windows version and complain afterwards - that's just plain stupid!

          1. Robert E A Harvey
            Gates Horns

            But

            It's my experience that Dell offer an ubuntu version grudgingly, and at greater cost than the equivalent windoze one. Whether this is to present a facade of choice, or not I cannot imagine.

            In a properly free market you could buy the laptop without an OS, and have done with it. As long as you can't, there is something creepy going on.

            And as for warranty and support excuses, are they really saying they sell something so flaky that it won't run the commercial OS out of the box? Why should I want it then?

          2. The BigYin

            Show me

            They sell ONE crippled netbook. That's it. IT IS NOT A VIABLE CHOICE!

            Show me where I can simply switch the OS from Windows 7 to Ubuntu in their customise dialog.

            I know you can't.

        2. Jolyon

          @ BigYin

          Do we need consumer choice (to a greater extent than it exists already) or is standardisation more of a benefit? Discuss.

          -

          @ whichevertard said that in a free market we could buy PCs without operating systems, we can buy PCs without operating systems now. Some manufacturers would always choose to include a standard operating system with each machine so that a) It would do something without the purchaser having to install an OS and b) so that they coudl offer support knowing that the OS at least was a known factor.

  3. bexley

    on theother hand

    people that 'do' want windows are getting a good deal no?

    just saying...

  4. rastansaga

    win free PCs in UK

    It's not remotely difficult to buy a windows-free PC in the UK. I've bought netbooks, laptops and desktop systems. Two suppliers that spring to mind are thelinuxemporium and novatech. Ever since Linux/Ubunutu got to the stage where wireless tends to work 'out of the box' I've been completely windows-tax free.

    1. The BigYin

      Also...

      ...System67 (USA, but they will ship I think) and Frostbite Systems (USA only). And probably any semi-decent PC shop where they employees actually know their stuff. They don't need to know Linux per se, they can just give you the naked PC.

  5. bigolslabomeat
    Grenade

    I've done it

    Ordered a number of Dell machines without any OS on it at all (thus saving the need to even send it back) even when Win7 was the only option. You just need to speak to someone in the order process.

    They are nice enough to throw in a disc with FreeDOS on it and drivers for said OS. So good luck getting the network card to work if it's your only PC.

  6. apexwm
    Stop

    Forget Dell then, look at HP

    I haven't looked at HP's line lately, but I've heard that they have honored the Windows Tax refund. If Dell can't step up to the plate and simply offer computer with NO OPERATING SYSTEM, or sell systems for less that have Linux bundled with them (since Linux is FREE), then it's time to look at a vendor that WILL do this. It's too bad that Dell is stooping this low, they were a good company at one time and over the past year everything has been going downhill for Dell. They obviously have some sort of deal with Microsoft where they have to sell Windows. There's a reason that they bundle Windows with PCs and make them cheaper than ones with Linux. My broad assumption with the Windows Tax refund is that your mileage may vary. I've found with Dell support that you get different answers with different reps.

    1. Anonymous Coward
      Unhappy

      Don't look at HP

      You cannot buy a HP consumer device without Windows. I know, I've tried.

      Can someone please prove me wrong by providing a direct link to a HP consumer device available to the UK, without Windows and having the same spec as the Windows encumbered device?

      As for providing Linux for free...they don't need to do that (there is a cost in setting up the installation process, and it'll be similar for Windows).

    2. Anonymous Coward
      Anonymous Coward

      Just buy the Ubuntu vesrion...

      Or - if you don't want an OS, call Dell and ask if they offer an n-series version of the machine you want. Not available on all models - but if you don't like that, why don't you start your own PC company and drive these yanks out of business...

      1. The BigYin
        FAIL

        @Just buy the Ubuntu vesrion

        My, that is a viable choice for the average consumer!

        [sarcasm]

        1. Jolyon

          The average consumer wants Windows

          Whether or not they should, they do.

          That is precisely why Dell does this.

          It might be wrong, it might be stifling innovation, it might make you stamp your feet but it is true.

  7. LaeMing

    I considered a Dell for my mum

    Why? 1) because where I work uses a lot of Dells and I get a discount, 2) They were the only all-in-one unit I could find that didn't have a gimmicky touch screen.

    My mum just wanted a word processing station to replace her dead MacSE. She doesn't need all the tedious mucking about with software keys and anti-virus.

    I called Dell, asked if I could buy the desired unit without Windows as Kubuntu was more suited to the intended user. They said "no." I said "Thank you for your time." They said "Are you still interested in purchasing." I said "Sorry, not if I have to pay for an OS I won't be using."

    Then I went and built mum a beige-box atom+ion micro-system.

    Mum is happy. My brother is scared of the thing. My 8- and 11yo nieces, who had never seen a KDE desktop or OpenOffice before, took 15 minutes to get up to speed enough to help mum with her text formatting.

  8. Anonymous Coward
    Anonymous Coward

    Vous devez avoir acheté France

    regardez...

    http://news.slashdot.org/story/08/05/19/0154224/French-Judge-Orders-Refund-For-Pre-Installed-XP

  9. Fred Flintstone Gold badge
    Thumb Up

    Umm, it's one thing or the other: call the OFT

    If Dell doesn't refund the cost of Windows then you could in principle involve teh Office of Fair Trading as the EULA is then misleading to the point of hitting the Trade Descriptions Act (any tame lawyers here)?.

    Put another way, it's either the OEM who ends up in trouble - or Microsoft. It would actually be good to get a decent statement out of the OFT for this (it would also be unique, but I digress) because it would act as a benchmark. Given the actual content of the EULA I cannot see this going Dell's/Microsoft's way, so if Dell is smart it caves as soon as it gets hinted at OFT involvement. The last thing they need is a precedent there.

    Keep pushing guys - if they want to use make-believe it's time to call them on it. If my next system wasn't going to be a Mac (fed up with the hourly patching of Windows just to keep it semi-safe) I'd buy one just so I could be a royal pain too.

    Isn't it lovely when you can hang a company by its own BS? :-)

    1. Anonymous Coward
      Anonymous Coward

      BS?

      Just buy the Linux version if you don't want Ubuntu - check the one to the right:

      http://www1.euro.dell.com/uk/en/home/Laptops/laptop-inspiron-10/pd.aspx?refid=laptop-inspiron-10&s=dhs&cs=ukdhs1

      Adam Drake had that choice, but he chose Windows. So why is he complaining?

      1. The BigYin
        Flame

        The sell...

        ...ONE crippled netbook. That's it. THAT IS NOT A CHOICE!

        And it is the previous LTS.

        When I can select (just about) ANY Dell product and choose a non-Windows OS as an option (with appropriate cost saving) then we will have choice. Until that time THERE IS NO REAL CHOICE.

        Now kindly shut-up and stop astroturfing for MS.

      2. Fred Flintstone Gold badge
        Gates Horns

        The choice is irrelevant - the statement counts

        "Adam Drake had that choice, but he chose Windows. So why is he complaining?"

        Actually, Linux or not is wholly irrelevant. ANY copy of Windows started up for the first time will make the refund statement. They should either be called on this bullshit, or stop displaying the statement.

        That, and that alone, is the issue here. That this refund rubbish is pretence is pretty much clear by now, but unless Microsoft and OEMs are called on this it will continue, that's why it's an OFT issue.

        1. The BigYin

          @Fred Flintstone

          I agree completely. By and large the choice on all PCs should be

          - No OS

          - Windows flavour(s)

          - Linux flavour(s)

          The first one is THE most important. I can live without the other two.

          1. Jolyon

            My, that is a viable choice for the average consumer!

            Do you honestly think the average consumer wants to install an OS? Phones aren't sold like that . . .

            Do you honestly think PCs would be cheaper if Dell supplied theirs without Windows?

            So what's the difference between no OS and and OS that will disappear when you install a new OS?

            They payment to Microsoft irks you?

            Then buy one of the many machines that is available without paying MS anything. You will pay more but you will be doing the world good.

            1. Fred Flintstone Gold badge

              Also not relevant

              There is nothing stopping from consumers buying an OS, but Microsoft has been running this OEM scam to lock out competition for so long it ought to quality for the Guinness Book of Records as longest con ever.

              The primary issue here is that that statement is only there to allow some US legislators to nod "OK" while they get great handfuls of dollars stuffed up their cranial cavity instead of taking the anti-competitive action they're supposed to. As a matter of fact, I'm a bit surprises Neelie Kroes didn't track this one when she was in office.

              If that refund statement was true it should be easy - buy, provide proof of install cancellation, return license code, cash refund, and the volume could then encourage better competition. Instead, they still appear to run an OEM blackmail scam, hiding behind a statement that is as true as any statement uttered by any New Labour politician (i.e. only close to the truth if you're familiar with measuring in imaginary numbers).

              If there was a consistent refund process you would end up with a consistent refund value, an incentive for people to look at the *actual* numbers and an end to lock in. That's also precisely the reason I can never see that happen, but that wouldn't stop me giving them hell and bad publicity if I was ever inclined to buy another Windows system..

              Heck, I may buy a cheap one just to do this. Worth it, and I can still stick Linux on it later so it actually works in a reasonable safe way (I just wish OpenSuSE could work out how to set the gateway when picking up WiFi DHCP. That they still manage to screw that up is IMHO astonishing - but I digress).

              Bottom line: either do as stated or face the consequences. Or remove that statement and receive your due that way.

  10. Callum
    WTF?

    N series, remember them?

    I bought some Dell XPS M1330N for my business - remember them? they were the Linux laptops? brilliant, even a a few years on, it works brilliantly with the latest Fedora 12.

    ahhh, now I understand.

    1. sell Dell systems with windows

    2. let clueless users clog them up with rubbish

    3. clueless (l)users equate computers with Austin Allegro's - "it's old, it is getting slower"

    4. Dell sells cluless lusers new systems

    5. profit!

  11. Neil Cooper

    Make the lost sales visible.

    Phone Dell and begin to place an order. Get some way into it then tell them that you will only buy the laptop if they can supply it without Windows, and with the appropriate price discount to reflect that. Walk away if/when they say they can't do that.

    If you do this, they will actually have visibility of lost sales due to their fucktardness. If enough people do this, they will have to take notice.

  12. Ashley Stevens

    Good hardware suppliers

    Is there a list of hardware suppliers anywhere that are known to comply with the EULA and offer refunds to customers refusing the Windows license? Information on suppliers who do offer it would be very useful. Armed with this information, then the customers and market can decide. I suspect Dell is not alone in acting like this?

    1. Anonymous Coward
      Linux

      Sure there is

      Here's the list:

      And there you have it. A complete list of computer manufacturers who fulfill their legal obligation to refund the cost of Windows without getting the courts involved. The good news is that the courts consistently side with the consumers on these cases.

  13. Goat Jam

    Consumer Disobedience

    Maybe a grassroots campaign of ordering PC's, rejecting the EULAs and returning the shit to Dell might wake them up to reality.

  14. Joel Mansford
    Stop

    Just ask for a laptop with no OS !?

    I'm on my fourth Dell laptop each time I dealt with business sales and asked for no OS. I guess if you're after a 'home' machine then it may be more difficult but I've always found them happy to supply Latitudes with no OS.

    See I have an MSDN and MS Action Pack subscription so have no need to buy another copy of the OS.

    1. LaeMing

      Business customers only

      My workplace gets them no-OS too as we have a site licence for MS stuff. Trying to get this as a normal consumer is not possible AFAIK.

    2. Anonymous Coward
      FAIL

      Business!

      AND you have MSDN, Dell probably have a clause for that in their contract with MS.

      Come back when, as a consumer, you can buy a Dell PC that is not infested with Windows. And I do not count their crapppy Ubuntu netbook as a viable option.

  15. bluest.one
    WTF?

    Monopolistic?

    I thought that computer manufacturers were legally forbidden from bundling Windows on a PC without the option of a refund because Windows was a monopoly OS and the bundling allowed shady back-room deals from Microsoft and prevented healthy competition.

    I though that was why the line about returning the OS for a refund was in the EULA.

    Anyone know for sure?

  16. benoit
    WTF?

    why?

    Why are you buying a Dell?

  17. M man
    Joke

    cough up dell...

    just sent the free-tard his £0.00 cheque!

  18. Vince

    Yes, there is value in it. Precisely £0. So nothing to refund.

    Of course if Dell say they're offering a PC for £200 with Windows 7 Home Premium, 2GB RAM, 160GB Drive, DVD-RW Drive, Mini Tower Case etc and they don't offer an option to "remove" Windows (which they normally don't) then there is effectively no direct cost for Windows. If the PC can be readily ordered with no windows then it is a little different since there is a clear "component part" to it.

    If it cannot be shown that the vendor of a product offers is a standalone option (in this sense Dell is the vendor for windows in the same way they're the vendor for the memory, drive etc and offering it on a "all or nothing" basis) it is in fact inclusive (not free), but there is £0 value attached, and therefore nothing to refund.

    There is case law on this.

    Of course if you call Dell and ask them to ship you a PC sans windows, they will, and do. What this gets you in reduced price or not is pretty much down to your bartering skills and sales chimp.

    However more importantly, if you just avoid buying Dell (never a bad thing) and buy hardware from someone else that doesn't bundle it, then it no longer matters. The key here is not buying a machine with something you don't want. There is choice, go elsewhere.

    1. Anonymous Coward
      Linux

      Tied down

      It gets even worse than that. Dell systems are actually _tied down_ to Windows. See that Media home button? It boots into a stripped down copy of the NT kernel with Cyberlink PowerCinema sloppily slapped onto it that resides on a separate partition. Want to make it boot into Splashtop instead? It's theorically possible, but afaik no one has done it.

    2. Henry Wertz 1 Gold badge

      Windows has a direct cost

      "Of course if Dell say they're offering a PC for £200 with Windows 7 Home Premium, 2GB RAM, 160GB Drive, DVD-RW Drive, Mini Tower Case etc and they don't offer an option to "remove" Windows (which they normally don't) then there is effectively no direct cost for Windows."

      Yes there is. Look up another model where they have an option of Windows or not, and do the math. That's the "value" of Windows. I mean, if some models let you order them with a no drive, a CD drive, or a DVD drive, and a second model only ships with a DVD it doesn't mean the DVD is worth $0 -- it's easy to compare the price of a "no CD" and a "DVD" model and see what the DVD drive is worth. The difference being, Windows has a EULA requiring Dell to take Windows back and refund it while the DVD drive doesn't.

    3. Mark 65

      Hmm

      Not sure you can get away with this if you had to pay MS for the license. If Dell made the OS then this would indeed be the case. However they don't, they pay Microsoft for it and so a price/value of £0 cannot be attributed. If MS EULA says the cost will be refunded then Dell must refund the cost. They didn't pay zero to MS hence money is due.

    4. Rod MacLean

      RE: Yes, there is value in it. Precisely £0. So nothing to refund.

      Yep, windows is worth £0 - it's rubbish.

  19. Eldnah
    FAIL

    No more recommending Dell until this is reversed

    I was planning on assisting a friend in purchasing a Dell laptop online tomorrow. Not any more. Maybe they just saved themselves from having to give a refund for a bloated, overpriced malware magnet. But they've lost a sale of a laptop tomorrow, and many recommendations (and personal purchases) I might have made in the future.

    Dell FAIL.

  20. criscros
    WTF?

    I'm waiting for my FREE™ Windows copy

    Nope. Still nothing.

    Don't really want one, tbh.

  21. elderlybloke
    Linux

    No Dell for me or any brand

    I just selected what Motherboard , PSU, CPU etc I want in the white box and my trusty computer man popped them in for me.

    I don't anticipate ever buying anything from Dell.

  22. Solomon Grundy
    Pint

    Bundling & Vendor Selection

    As 100+ comments on this article have stated over and over again, the PC vendor is different than the OS vendor.

    A decent analogy is an automobile. Hundreds of separate vendors are involved in building and supplying all the components of a car but at the end of the day you are paying for the complete car, not its individual components. You are paying for all the engineering, process analysis, etc... that goes into the complete package (bundle) you purchased. For example I absolutely despise the side mirrors on my car but I don't expect to be able to remove them and request a refund from Audi. I bought a pre-configured car, if a part of that car fails then I expect the vendor to make it right, but I don't expect them to refund my money because a specific part of the bundle wasn't what I wanted.

    If you don't like the bundle a vendor is offering then choose another vendor. That's what purchasing and customer education is all about. Pick the vendor that offers the product you want but don't expect someone to change their entire business because you are unhappy with a single component of your bundled purchase.

    1. The BigYin

      A very bad analogy

      Audi will have designed your mirrors and written a spec on how they should work. A contractor (or Audi) will then have made them, and the components that make them up. Same goes for every single piece of the car. Audi write the spec and either make the part, someone else makes the part or someone finds an off-the-shelf part that meets the spec.

      This is not the same with PCs.

      MS are demanding that you have their OS on any PC. Beyond a few very small players, you cannot buy a PC from an OEM without Windows. If I go from Dell to HP to Toshiba to Sony to Acer, I am forced to take Windows. In the car world if I hate Ford engines (say) I can buy Toyota and get a Toyota engine. You just cannot do this in the PC marketplace (business accounts are different, we're not talking about them). It is not possible to choose another vendor and body-swerve the MS Tax.

      If you want to stick with the car analogy, consider the radio. There's usually a choice, heck BMW used to spec sans radio! That's the kind of choice we want and need in the PC marketplace.

      You only get choice from the minor vendors (e.g Morgan in the car world). They can and will meet whatever spec you desire, but you may have to pay a higher price or suffer some inconvenience (less support, less locations, longer delivery time etc etc; not always the case though).

      Dell are, IMHO, wrong not to offer the refund.

      MS are IMHO wrong to force vendors to sell a PC with Windows, vendors should be allowed the "no OS".

      People who bash others for wanting the FREEDOM TO CHOOSE are wrong.

      The USA does not have the balls to step-up to this, so let's see the EU do what's right for consumers and ensure a fairer marketplace.

      Cue the MS shills...

      1. Anonymous Coward
        Anonymous Coward

        Using the force

        "MS are IMHO wrong to force vendors to sell a PC with Windows, vendors should be allowed the "no OS"."

        Of course, ask Microsoft and they'll tell you that they're not forcing anyone. Whether this is technically true or not - it's very possible that they threaten vendors with sanctions if they don't ship Windows on everything - they presumably have the refund clause to avoid getting into some very hot regulatory water, revisiting old antitrust allegations:

        http://www.justice.gov/atr/cases/f3800/msjudgex.htm#iiih

        But this is part of a wider scam: Microsoft are off the hook because their EULA tells you that they supposedly aren't imposing their product on you; Dell and friends are off the hook because they can pretend that they can't read the small print. And all the narrow-minded apologists will fail to see this until, one day, someone will pull a similar trick on them. Then they'll finally get it.

      2. Jolyon

        Shill schmill

        No one is restricting your right to choose.

        What you are objecting to is not getting something non-standard for as low a price as something standard.

        If Dell or Microsoft are not meeting their obligations then they can be made to come into line - this is a matter of law not principle.

      3. Jim in Hayward
        Thumb Up

        This is why I switched to a Mac 10 years ago.

        I don't want to support Microsoft. My only option (other than building it myself) was to go Apple.

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