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.'"
Markups (Score:2, Insightful)
Why should they be given the wholesale price anyway? The markup the consumer pays is evenly divided among all parts of the computer; if the consumer gets a refund on any particular part, he should get a refund with the post-markup price.
Re: (Score:3, Interesting)
Or to put it another way: suppose the consumer returned the entire computer. Should he be only given the wholesale price of the entire computer back? Or should he get what he paid for it?
Obviously he should get what he paid for it. Returning a component of the computer should work similarly. Just because the retail-price-as-a-component of Windows is hidden within the price of the whole thing doesn't make it equal to the wholesale price. If the components of the computer cost $500 wholesale and he paid
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Actually, quite a few places have "restocking fees", which basically means yes.. they do give you about wholesale price back.
Re:Markups (Score:4, Insightful)
The logic that you can pick the price of an item out of a package is wrong. Do you think you should be able to buy a bundled package.. a complete computer from a vendor that was sold to you for $X price.. and return the Monitor or Keyboard, in exchange for a percentage of the price equivalent to the FMV of a monitor? (Even though the 'monitor' wasn't an option, and its price is built into the bundle)
The manufacturer doesn't have to allow return of only one piece of a bundled package for its fair value. In fact... the fair market value of each item in the package when all the items are added together, may meet or exceed the price you were charged for the package.
You can no more rent a hotel room, and after you check into your room... demand to return the kitchen (i.e. have them close or lock it up), for a 30% refund (since your hotel rental has 3 rooms in it, kitchen, bathroom, bed). The cost of that item is already incurred by the retailer, and the relationship to the price of the package may be complex. Parts of it may even be free or promotional.
In this case, however, the Windows EULA states that you are entitled to a refund if you refuse to accept. It doesn't provide for a restocking fee.
It would be a violation of the OEM EULA for a manufacturer to charge such a fee.. such a violation might imply that you are no longer bound by the agreement, if your response to not getting a refund is to use Windows, then it would seem that you are taking your self-help remedy in response for the retailer failing to follow the EULA, the EULA no longer properly applies to you, even if you click accept, due to the breach of the agreement by the other party.
Also, attempting to charge a restocking fee for refusing an unanticipated agreement, would probably result in litigation against the retailer, for deceptive/dishonest business practices.
However, the Windows EULA term also doesn't provide for separating Windows from the product. My impression of the term was always... if you don't accept, you can return the entire package that Windows was bundled with, for a refund.
The EULA doesn't guarantee you can return Windows alone, or that you can get a certain price for it.
Re:Markups (Score:5, Insightful)
Obviously he should get what he paid for it. Returning a component of the computer should work similarly.
Sorry, but your analogy does not hold water.
Say I purchase a laptop that's got an external optical drive bundled, it's part of the package and not a separate configure-to-order option. If this optical drive sells for $150 separately, then there's no way I can purchase this laptop and say "I don't need this drive, I want a refund on it" and get $150 back. It simply doesn't work like that.
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Does the optical drive come with its own agreement which is separate (and includes additional restrictions) to the agreement under which you bought the rest of the system, not disclosed to you prior to purchase, and also contain a clause stating you can ask for a refund if you disagree with it?
If they want to bundle multiple components which are available elsewhere, they should detail what portion of the total these components constitute... They don't do that precisely because they want to create the illusi
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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.
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Those car companies won't stop you removing the unwanted equipment from the car and selling it to someone else...
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Failing to give a full and complete refund for the license is almost assuredly a violation
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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 th
Re:Markups (Score:4, Insightful)
...and since I do not accept the EULA in the first place, it does not matter what it says about anything -- including anything it says about not accepting EULA.
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You can't buy a car and then take out the engine and demand a refund on the engine, so why should you be able to buy a computer and not use the software and demand a refund on that?
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Did your engine come with an EULA you had to accept? Mine didn't.
Re:Markups (Score:5, Interesting)
If I buy a new car, when I first put the key in the ignition, does a notice pop up saying: "you must agree to the terms of use of the engine before you can start it"?
Re:Markups (Score:4, Insightful)
Imagine that, after buying the car, you turned the key to start the car and instead a lawyer popped out of the glove box holding out a contract insisting that you were not allowed to start the engine unless you signed it. That's not fair. You have to be permitted to decline that contract, and if the engine manufacturer refuses to let you use that engine as a result, they should buy it back from you.
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You can't buy a car and then take out the engine and demand a refund on the engine, so why should you be able to buy a computer and not use the software and demand a refund on that?
I have never tried it on an engine. I have done it with wheels, stereos, and body parts. (Like ugly wings)
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Tying refers to bundling unrelated goods. You cannot use a modern computer without an operating system except perhaps as a space warmer. Most OEMs realize this and find bundling Windows exclusively gives them the best returns, so they stick to Windows. Let's not get into how Microsoft sweetens exclusivity with discounts, PR money and whatnot; fact is you need an operating system and most vendors stick to Windows as their only choice.
An engine is just as integral as an OS. Without it, both car and computer a
Major double standards (Score:5, Insightful)
I love it that 'the obey the law no matter what' types go on and on about not pirating software and not infringing on copyright but when it's a big large corporation not giving you a refund, its different. When they short change you - very mysteriously its 'not stealing'. How very magical! I call it the 'Powerful corporations can never steal law'. How about we apply the same draconian penalties that we apply to copyright infringes to companies who don't issue refunds when the end users reject the UELA. How about we send them to jail as well?
Maybe as well if they claim that the cost of Windows XP is only $6 they need to show some evidence that they actually only paid $6 for it!
BTW the restocking fee is bulls###. They don't need to physically get back anything from you. They just invalidate the license. Besides here is quote from the EULA. Its says nothing about a restocking fee.
"YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE."
Re:Major double standards (Score:5, Insightful)
I absolutely agree with your point. People should be mad as hell about this bullshit double standard, but instead we have a bunch of folks apologizing for it.
Apparently, the money spent on corporate propaganda is money well spent.
Might not be their intention (Score:2, Interesting)
"Please be assured that it is not ASUS intentions to steer you away in any which way.'"
but they've definitely steered me away from Asus. I probably wouldn't have even bothered with trying to get a refund, but their dishonorable actions disgust me.
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Have fun running your inferior hardware then. Your post is extremely arrogant and has no valid points. Were you just hoping to get modded up?
Are you referring to your own post, or the parent?
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Have fun running your inferior hardware then.
Inferior in what way? While I have no reason to call the quality of Asus products into question (aside from the anecdotal single-case evidence of a motherboard that died on me after a couple of months use), I very much doubt their build quality is greater than that of most other manufacturers. Do you have any evidence to the contrary?
Acer were perfectly happy to sell me a decent netbook without Windows, for less than the equivalent Asus product at the time even if you took a full Windows refund into account
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But you're not being forced to pay anything, you're choosing to. There are workstations, laptops, netbooks, servers and smartphones for sale with no MS software on at all. If you don't want to buy MS software, the logical thing would be to buy one of those. When I buy computers, I don't pick a Windows one and then try to get a refund on it. I buy one that either comes with no OS or comes with a free one. It's far simpler and it it encourages
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As another person mentioned, when you don't get Windows XP, you also don't get the pre-installed crapware. That could be the entire reason for the price difference.
Not everything that looks bad on the surface is really bad underneath. And vice versa.
Wow (Score:2)
What kind of babble talk answer is that? I hope this is a misquote from a phone conversation.
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Seems like a damage control answer to me. They know it's disappointing, but it's the only answer they have and they don't want it to influence you away from them.
Re:Wow (Score:4, Funny)
At least they didn't say "Wait, it says 'Press F12 for more information'" like the call center drone I talked to yesterday (not related to ASUS or this issue.)
Piracy? (Score:3, Insightful)
The refund price for the decline of the EULA is correct in it being US$6. This price unfortunately is not negotiable...
So when I download XP off TPB or a similar site, they're going to sue me for $6 in damages? Yeah. Right.
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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.
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I'm not sure anyone (yet) has been sued for downloading. Typically people are sued for the uploading bit (that typically goes hand in hand with downloading in most clients), where you are making it available to others.
It's a lot easier for them to convince the judge and jury to award astronomical awards if they show you were sharing the file, not just downloading it for personal usage.
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 $150,000 per work if it can be proved to be willful. Source: 17 USC 504.
Punitive:
Not generally available. [1] It may be available if statutory damages are unavailable, or if the plaintiff elects to seek actual damages (plus profits derived). This is very rarely done in practice, and generally the punitive damages will equal the actual damages plus profits derived from the violation.
In the vast majority of cases, statutory damages far exceed actual or potential punitive damages.
[1] Leutwyler v. Royal Hashemite Court of Jordan, 184 F. Supp. 2d 303, 308
[2] http://library.findlaw.com/2005/Feb/10/172826.html#_edn14 [findlaw.com]
P.S. IANAL.
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Probably, in the days of warez ftps and that sort of thing. But these days it'd be a lot like going after those going 5 mph over the limit when everybody else is doing 20 mph over the limit, Outside the US, where awarded damages seem to be 1000x higher than anywhere else, people aren't really seeing it as much of a risk either way. At worst you'll likely get a letter from your ISP telling you to please stop that.
Apparent invented story trolls ASUS (Score:5, Insightful)
Have to get that 2 Minutes Hate in. (Score:2)
Re:Have to get that 2 Minutes Hate in. (Score:4, Insightful)
A day without 2 Minutes Hate is like a day without sunshine!
There is no #$@&% sunshine at this time of year where I live, you insensitive clod!
:)
We make up for it with 30 consecutive 2-minutes hate in each and every hour
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Read the FAQ [slashdot.org] - the editors intentionally do not do any fact checking whatsoever on submitted stories.
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To push the open source agenda, duh.
Re:Apparent invented story trolls ASUS (Score:5, Insightful)
How did this badly researched, apparent hoax of a story get to the frontpage?
The geek knowingly goes out and buys the dirt cheap mass market OEM Windows PC - which represents about 90%-95% of all consumer PC sales.
He will then demand a refund to punish the OEM, Microsoft, and the big box retailer for delivering the marketable and well-advertised Windows product and - not at all incidentally to his purpose - shave another few bucks off the price of his new Linux laptop.
This cheeky little scam costs everyone in the chain a little bit of time and money. It costs the independent Linux-friendly retailer a sale.
Sooo... (Score:2)
If I wanted to buy a copy of XP, I should be able to get it for $6?
I implore the laptop manufacturing sector to make more than token offerings of linux on your products. Every time I look for a laptop with linux preloaded, they are all very specific models with unappealing specs compared to the full selection available with Windows. If I were cynical, I would presume your linux offerings are intentionally screwed up so as to give Microsoft marketing material about how unpopular linux computers are. Oh, w
Vista Sticker (Score:3, Funny)
Maybe you could return the sticker & get a refund on the sticker?
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Microsoft dumping to gain netbook marketshare? (Score:5, Insightful)
If Asus are paying $6 for Windows XP OEM, then surely Microsoft is dumping their product on the market? Probably why they're including it in their netbooks in favour of Linux.
Dumping product? Convicted monopolist? I think that there's a good chance here that some netbook OS vendors have a case here to make an official complaint about anti-competitive predatory tactics by Microsoft.
Or the story is a load of rubbish.
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If Asus are paying $6 for Windows XP OEM
Asus isn't payng anything for XP, Microsoft stopped selling. XP is 8 years old $6 is just about right for 8 year old software. And talk about making a stink for the exclusive purpose of making a stink... This is just a "non issue".
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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.
If that's the fair price, then (Score:3, Funny)
Small claims (Score:5, Interesting)
Take them to small claims court instead. They'll quickly learn that it's cheaper to provide a full refund than to pay someone to show up in small claims court.
Shovelware makes $6 about right... (Score:5, Insightful)
A WinXP system is never just WinXP, it's also a boat load of crapware that the crapware authors have paid the manufacturer to bundle in. So ASUS is actually right in their math:
Option 1: Keep XP. No change in price.
Option 2: Refund XP: +$50. Also refund crapware: -$44. Net refund to user: $6.
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Exactly. Given the amount of preinstalled crapware on some notebooks, users should be happy that they don't have to pay more for a notebook without Windows.
Sounds reasonable to me (Score:2)
Everybody assumed that MS was selling XP at a seriously low price to netbook OEMs to recapture the market from Linux.
That's about how much it's worth I guess.
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].
Guess this means XP is Abandonware? (Score:2)
Well unless Microsoft steps up an provides the refund, this could mean that XP is finally abandonware. Free XP for all? Yeah... I can't imagine MS would go for that.
Go Android! (Score:2)
If there is anything I expect Android to provide wrt laptops and netbooks, is a way to buy them without paying MS tax (or Apple Tax).
$6 is a good deal (Score:4, Interesting)
At a conference on the west coast, an industry insider told me that MS basically gave ASUS XP for free (as part of a deal to FUD Linux). That means that ASUS may be loosing money on this "refund".
Oh, and it also means that ASUS will sell out easily, which makes me interested in ignoring their products.
Too bad you can't build your own laptop/netbook (Score:2, Interesting)
Think US$6 is right? Another way to calculate: (Score:3, Interesting)
So tired of this (Score:4, Insightful)
Re:Old OS (Score:5, Insightful)
Flawed analogy. And a very different issue. Your vehicle physically wears out, even just sitting there. Rubber gets brittle, hoses and belts crack, rust appears on all exposed metal parts. Normal use wears bearings, shafts, gears, cylinders, valves. Thus its value declines physically. Software is not like that at all. In fact, ASUS just sticks a sticker on and loads the software from a master. It's not like they take back your windows license and resell it as a "pre-owned" license. Rather they give you your $6 and then turn around and put a nice new version on a new computer and charge the full $45.
Re:Old OS (Score:5, Insightful)
Even if it's just that sticker and license you hold, it still contains the value. If you decline it, you are not legally allowed to use the software.
Also to begin with you are not required to buy a computer that comes with Windows. Or you can read the EULA online [microsoft.com] before buying it. Or ask to read it in store.
Windows XP has started to lose its value because the support is discontinued, so the "software doesn't get old during time" doesn't fully hold.
Re: (Score:3, Interesting)
You misread me. I never said you'd still be able to use Windows after getting a refund. Rather I was pointing out that no material goods change hands. They don't resell your license per se. They just invalidate it. Then they go on to sell XP on another machine for the full prices. So it's not like they are buying back an old license and then trying to resell it at some used market value. There is no used market involved at all.
So if the full price really is $45 today, then a refund should be just tha
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I would not be surprised at all if the amount the OEMs pay for a Windows license is $6
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So what happens when its advertised as coming with $200 worth of software?
The MS EULA says you get a full refund and I bet the other software does too.
If they offer you $6 it would be false advertising.
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Like the 5th post of the first... 6 or 7 I've read to ignore the line in the summary saying "Despite being confronted with publicly available information about the real OEM price of Windows XP Home Edition being $US25-US$30".
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The big problem here is that you may not have any choice when buying a computer. It may already come preinstalled with a kiloton of junk that I don't need.
You may say - select a different model - but then I don't get the model with the functionality/hardware I want/need.
Re:Old OS (Score:5, Insightful)
The problem isn't that the license isn't available pre-purchase, but that it isn't mentioned pre-purchase. A lot of this could be avoided if the laptops at Best Buy had little stickers on them that stated "The software on this computer is subject to an EULA that limits your rights. Ask a sales associate for a copy of the EULA prior to purchase."
Re:Old OS (Score:5, Insightful)
"The software on this computer is subject to an EULA that limits your rights. Ask a sales associate for a copy of the EULA prior to purchase."
I'd go a step further - I should not be able to complete the purchase without explicitly agreeing to the contract. If they sell me something without me first agreeing to additional terms, then I should just be constrained by the statutory license.
Re:Old OS (Score:5, Insightful)
Putting the EULA on a website is irrelevant - it's still only presented to people after purchase.
By your logic, MS owe me a million dollars, because the EULA on my website says that's what MS agree to do if they sell me any software. It's no good telling me they weren't aware of the EULA, they should've read my website, or asked to read it when I bought it in the store...
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)
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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...
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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.
Re:Old OS (Score:4, Informative)
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*chuckles*
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"What works for me had better work for all of you!"
Re:Old OS (Score:5, Interesting)
Actually, there is something similar that occurs in software, called "bit rot". The older a piece of software is, the more security vulnerabilities have likely been found in it, making it a bigger and bigger target so long as it is in continued use (obviously, now that Windows 9x's user base is about 3 dozen people, they're not much of a target anymore).
This is true of MacOS X, Linux and Windows. If you install a new copy of Fedora 8, you are going to have a ton more security patches to apply than a recent Fedora 12.
Re: (Score:3, Interesting)
That is entirely not what bit rot means. The canonical definition is here [catb.org]. You may be referring to software rot [catb.org], but it doesn't really mean that either, since both refer to software that hasn't been used for a while and obviously does not apply to Windows.
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That doesn't matter. Let's say you throw a rock through your neighbors window, and you know for a fact that he owns a glass company and can replace it cheaply, but he takes you to court and seeks the full price of the repair.
Assuming you don't contest that you did it, or he can prove that you did, you will be liable for full price regardless of the price it costs him to replace it.
Re:Old OS (Score:5, Funny)
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My Standard Definition TeleVision contains all that stuff? No wonder it's so much bigger than those new High Definition TeleVisions!
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Not really a different issue. How much does an 8 year old game sell for at retail (unopened). A 'collector' item, it's a lot. Daikraptana and it's probably 2 bucks. The linked price in the article simply doesn't apply anymore, it's from 2006. 3 years on windows XP is worth basically nothing. Whatever they had to pay 3 years ago, before Vista and 7 were out doesn't matter.
Your concept of value is missing the notion of liquidation - at this point the company is liquidating it's stock of windows XP keys,
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Flawed analogy. And a very different issue. Your vehicle physically wears out, even just sitting there. Rubber gets brittle, hoses and belts crack, rust appears on all exposed metal parts. Normal use wears bearings, shafts, gears, cylinders, valves. Thus its value declines physically. Software is not like that at all. In fact, ASUS just sticks a sticker on and loads the software from a master. It's not like they take back your windows license and resell it as a "pre-owned" license. Rather they give you your $6 and then turn around and put a nice new version on a new computer and charge the full $45.
I'm sorry, but software does lose value over time. The value of Photoshop 2.0 is not equal to the value of photoshop CS3. Photoshop 2.0 isn't even worth it's original MSRP because more advanced packages have been developed. Going back to car analogies, if I maintain a 2000 Ford taurus to be at the exact condition it was when I bought it new it still won't be worth the price I paid for it back in 2000. Newer technology makes older technology less valuable.
Re:Old OS (Score:5, Insightful)
It was released in 2001, 8 years ago.
A fairer and more broadly accpeptable calculation of how old XP is would be to determine the date large OEMs stopped shipping PCs with XP installed.
Put another way, from a consumer's perspective, XP is as old as his new computer. From a corporate perspective (both the cubicle-worker and the IT folks), XP is as old as the date testing was finished and deployment was given the go ahead.
Fair Price for Windows? (Score:3, Funny)
But Slashdot told me it's zero!
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You're talking about an OS that has gotten its third Service Pack only about a year ago and that still gets patches. To say it's 8 years old based on the release date of the release of its first iteration is misleading.
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The manufacturers are getting the licenses at different price than consumers, and it can be different price for different companies too. Besides that like someone said, the ~$30 per OEM license price is taken from a blog post from over 3 years ago - the price is most definitely different now.
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This is probably the case, MS has dropped XP costs significantly in order to get it pre-installed on cheap netbooks.
I recently sent an OEM Vista Home Premium serial/license back to MSI, they said that the refund would be between $15-$25 which seems reasonable.
MS is pushing Windows 7 hard, but doesn't mind cutting the price of their older products if that keeps them entrenched in the ma
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This is probably the case, MS has dropped XP costs significantly in order to get it pre-installed on cheap netbooks.
I have here an Acer Aspire D250. It shipped with Windows XP... but it's not XP Home, or XP Pro. It's "Windows XP Home Edition ULCPC [wikipedia.org]" (If I'm reading it right; it's a cheap paper sticker and everything but the actual registration key is rubbing off.) AFAIK that means it's a lower-cost version of Windows XP Home; I believe the only difference is the price paid by the OEM (this edition not being available in the retail channel.) So unless it's this particular low cost version shipped with netbooks, then the li
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So, you think that if you were to buy something today (a couch, a table, a pair of pants) that was first marketed 15 years ago, that you should get a depreciated refund if you returned it?
Spam was first marketed more than fifteen years ago, and the price has gone up. I do not think that word means what you think it means. Either you want the word "sold" or you're way the hell off in left field. They're still shipping XP, so clearly it's a current product, and you should get the full value for it.
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and you should get the full value for it.
The EULA says you'll get a full refund but doesn't say exactly what that means. It could be the full price the OEM paid for it.
Its funny how almost everything else in the EULA is carefully defined.
EULAs in these situations are invalid and unenforceable here in the UK so I wonder how this would affect getting a refund.
That is assuming the retailers know the law (most dont).
Re: (Score:2)
OEM's can sell it at that price - of course, they usually sell it with hardware that they make the actual profit from.
Re: (Score:2)
Re: (Score:3, Interesting)
Surely Microsoft's license doesn't apply to all the components, but it specifically says you can get a refund from where you purchased the software. Companies don't want to honor the Windows EULA? Don't sell computers with Windows.
Re: (Score:2)
Something tells me that the PC companies would be even more pissed if we started buying PCs en masse and returning them because we don't agree with the Windows EULA.
Re: (Score:2)
Sounds like someone cheap or non English wrote that last sentence.
Asus is both; they make cheap product (check the prices as compared to the more expensive vensors like Abit) and they're based out of Taiwan.