No More Fair-Price Refund For Declining XP EULA 339
mark0 writes "Getting a fair-price refund from Amazon or Asus after declining the Windows XP EULA appears to be a thing of the past. In contrast to reports from the US and the UK from earlier in the year, Amazon simply refuses and provides information to contact Microsoft. Asus is offering US$6. Despite being confronted with publicly available information about the real OEM price of Windows XP Home Edition being $US25-US$30, Asus replies, 'The refund price for the decline of the EULA is correct in it being US$6. This price unfortunately is not negotiable. I do apologize for any inconvenience this may have caused. Please be assured that it is not ASUS intentions to steer you away in any which way.'"
Re:Markups (Score:3, Informative)
Actually, quite a few places have "restocking fees", which basically means yes.. they do give you about wholesale price back.
Re:Piracy? (Score:3, Informative)
Usually the downloaders don't get sued but the uploaders. And if you've uploaded to hundreds or even thousands of people, it's easily argued that you've contributed for that kind of losses.
Re:Markups (Score:2, Informative)
The Windows 7 (and perhaps also Vista) OEM EULA has some different language than the one for XP. It says
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.
I don't know if that's legitimate, but if it's enforceable, it means you no longer have the automatic right to return the software.
Re:Piracy? (Score:4, Informative)
ever heard of punitive damage? If you only ever have to pay exactly for what you did, and no putitive damage, when you g et caught, there would be no point NOT to do it.
First, I shouldn't even dignify your post with a response given the poor spelling and general lack of knowledge of the subject matter, but I'm bored. Second, here's how it looks in the US (I'm even more of a non-expert on non-US laws);
Actual:
$6--30. (from TFA) Copyright holder is also entitled to any profits derived from the violation (in general). In the case of someone using XP privately for themselves and deriving no profit beyond that, the profits would also likely be zero.
Statutory:
Only available if the copyright is registered with the copyright office.
$200 if it can be proved it was accidental at the discretion of the court.
$750--30,000 if it cannot be proved, but there is reasonable doubt at the discretion of the court.
Up to $150,000 per work if it can be proved to be willful. Source: 17 USC 504.
Punitive:
Not generally available. [1] It may be available if statutory damages are unavailable, or if the plaintiff elects to seek actual damages (plus profits derived). This is very rarely done in practice, and generally the punitive damages will equal the actual damages plus profits derived from the violation.
In the vast majority of cases, statutory damages far exceed actual or potential punitive damages.
[1] Leutwyler v. Royal Hashemite Court of Jordan, 184 F. Supp. 2d 303, 308
[2] http://library.findlaw.com/2005/Feb/10/172826.html#_edn14 [findlaw.com]
P.S. IANAL.
Re:Old OS (Score:5, Informative)
Here are six great options, ZaReason, Inc: Building Linux hardware so you don't have to [zareason.com]
Here are six more: System 76 laptops [system76.com]
Did you even try to look? Most people do not even try.
The biggest mistake any consumer of PCs, laptops, towers, etc can make today is to buy any hardware from a vendor who does not understand and do Linux. This goes for all the big box stores and even Dell, they only pay a passing glance to Linux and do not really do it right, as experienced by Linux being buried down in their website and not prominently marketed on their main page from the start.
If you are foolish enough to purchase from anyone but a Linux hardware computer builder, you will be frustrated with needless vendor lock-in issues meant only to keep you a Microsoft Windows users, period.
Here is the rub, Every Linux PC can run Windows. Because of Vendor Lock-In, not every Windows PC can run Linux.
Even the most devout Windows / Microsoft FAN can NOT deny that simple fact!
Moral of story: Eventually a proprietary company will STOP supporting what you purchased attempting you to pay more for new equipment. Your only choice for that older, yet very useful, hardware is to KNOW you can run Linux (any distro, there are many [slashdot.org]). Even if you do not want to run Linux, by purchasing hardware that will, you will be in a position to donate that older hardware to non profits that will get Linux up and running and donate it to third world countries so children can learn.
There is NO downside to purchasing hardware from a Linux vendor. There are almost ALWAYS vendor lock-in hardware issues from any of the big box stores and anyone who only does Microsoft.
Use the two vendors ZaReason or System 76 above, you will be glad you did, and you will help out children in third world countries one day when you upgrade your hardware, as the hardware your purchased will run Linux.
Re:Old OS (Score:4, Informative)
Re:Apparent invented story trolls ASUS (Score:3, Informative)
Read the FAQ [slashdot.org] - the editors intentionally do not do any fact checking whatsoever on submitted stories.
Re:Old OS (Score:4, Informative)
Windows 7 EULA is far worse... (Score:3, Informative)
...it is now up to the manufacturer to decide whether they will give you a refund or tell you to return the PC, just look at MS EULA page [microsoft.com].
Re:Old OS (Score:2, Informative)
Here are six great options, ZaReason, Inc: Building Linux hardware so you don't have to [zareason.com]
Did you even try to look? Most people do not even try.
Did you even try to look? Three out of six are out of stock...
Re:Microsoft dumping to gain netbook marketshare? (Score:4, Informative)
I thought it was understood that when the netbook debuted Microsoft knocked the price down to almost nothing to eliminate Linux in the space. This article is nothing more than official confirmation that Microsoft did knock the price down to $6 a copy for ASUS to keep linux off the netbooks.
They've got a problem in the EU then. (Score:1, Informative)
The French courts have already slapped down this sort of avoidance trickery and loaded on damages for obstruction. The complainer ended up with more compensation than he paid for the machine in the first place
Re:Old OS (Score:1, Informative)
Dude, have you seen those prices??? I can get a Dell/HP laptop for cheaper (similar configuration to the cheapest model on the websites) and install Linux, even without any refund from HP/Dell for kicking out Windows...
Re:Markups (Score:3, Informative)
If they claimed in open court they could be in some serious trouble when it turns out that in fact they did pay for the license.
Re:Old OS (Score:3, Informative)
The only minor point is that it tends to work out a lot cheaper to buy a PC with windows pre-installed than it is to buy a Linux box and an off-the-shelf copy of Windows to install on it.
If you want a Windows PC then it makes good monetary sense to buy it pre-installed. Not good hardware sense, as you point out, but that's still a compelling reason for the masses to ignore your good advice.
Do you have a post-sale agrement (Score:1, Informative)
Do you have a post-sale agrement on your keyboard or monitor?
No.