Persistence Pays Off With Israel's First Windows Refund

As Niv Lilian reports at Ynet News, Haifa (and the Haifa Linux Club)'s Zvi Devir just preferred to run Linux rather than the pre-installed Windows on his newly bought Dell computer, and didn't want to pay for the unwanted Windows system. Now Devir has prevailed, after a fight in Israeli small-claims court, to become the first Israeli to obtain a Windows refund (also in Hebrew), winning the $137 that Windows added to the cost of his machine and escaping the nondisclosure agreement that Dell had wanted him to abide by as a condition. Perhaps others will follow his lead. Update: 12/03 23:02 GMT by T : Zvi Devir wrote with an update: "BTW, the settlement was out of court, before any court sessions took place."

The Gates Are Now Open

[toodeepforme]

Oh god, I am seriously fearing the flood that is to come. This will set a precedent(if only a small one), that could change the way computers are sold, as well as if windows will be considered "standard" software for much longer.

Not even implied

[jDeepbeep]

Nowhere in this summary does it say he is a Jew. Just pointing out the obvious. There is a difference between the terms 'Israeli' and 'Jew'

Re:The Gates Are Now Open

[Anonymous Coward]

Why are you fearing that? Why should windows be considered "standard" software? Not all of us want to run windows on our computers so why should we be required to pay for a windows license as part of the cost of a new computer? Particularly an OEM license that we can't legally use on any other hardware?

If the cost of a windows license bundled with a new computer is $150 then why not sell machines at the normal price and allow the user to choose to get a machine with windows pre-installed, adding $150 to the cost?

Re:blablabla

[Fuzzzy]

ALL the anonymous cowards are so dumb.

Re:Not even implied

[Locke2005]

With a name like "Zvi Devir" and a home in Haifa, I think there's a good chance he's not Catholic! That being said, he should be called an Israeli, not a Jew.

Re:Isn't that a Macintosh?

[slakdrgn]

What's even more funny is the guy in that picture looks a lot like Wil Wheaton.

Re:Not even implied

[K. S. Kyosuke]

He might be a Jew by birth, but Israel is a suprisingly secular state, compared to what an uninformed person might think (considering the fact that it was the religion that held the Jewish population together in the past millenia). And a substantial percentage of citizens of Israel do not practice Judaism the way their ancestors did. Perhaps this has something to do with the views of the founders of their state?

Re:Not even implied

[Anonymous Coward]

Actually, I'd say a 24% chance of being wrong is a pretty large difference.

Good on him, and boo to Dell

[blind biker]

...for trying to wiggle out of their contractual agreement. Now, I'm not sure a click-through EULA is in fact a contract, but then that's DELLs to decide. Either it is or it isn't.

Re:The Gates Are Now Open

[jhantin]

Because the license costs a high volume OEM about $60 and they bundle -$70 worth of free trial crapware [cnet.com] that only runs under Windows, so the Windows license comes at no cost to you and the OEM makes an extra $10 in the bargain. That's why a Linux box and a Windows box price out the same in practice.