Some PC users believe they have discovered a loophole in
Microsoft's licensing which entitles them to a refund--and are trying to
entice others to join them in their quest for reimbursement.
The Windows Refund Center is
spearheading the effort to reimburse PC users running a non-Windows
operating system for the cost of their pre-installed OS. The site
tracks the months-long battle of one user, Geoffrey Bennett, who says he
successfully lobbied for a refund from Toshiba, his notebook manufacturer.
Several campaigns are being waged among Linux users confident that Microsoft's own end-user license
agreement guarantees a complete refund in the case that the Windows
operating system pre-loaded on the PC is never used. To publicize the
movement, these groups have declared February 15 "Windows Refund Day."
Admittedly motivated by the possibility of a nice-sized check from
Microsoft, the organizers say the larger goal is to bring public attention
to the open source movement and to Microsoft's licensing agreements with
PC makers that preclude hardware vendors from loading non-Windows
operating systems.
"A lot of the people involved want a refund on principle," said Matt
Jensen, Webmaster for the Windows Refund Center site and a Seattle-based
Linux user. "My longer term goal would be to have Microsoft change its
licensing so they don't force companies to bundle Windows."
The Linux activists claim that this clause in the Windows user agreement
entitles them to the refund:
"If you do not agree to the terms of this [agreement], PC
Manufacturer and Microsoft are unwilling to license the software product to
you," according to a copy of the Windows end user licensing agreement, "and you should promptly contact PC Manufacturer
for instructions on return of the unused products(s) for a refund."
Microsoft confirms that the clause is included in the user agreement, but
says it has not yet received any refund requests, and suggests that
interested parties contact their PC makers about reimbursement. "Customer
satisfaction is very high," said Tom Pilla, a Microsoft spokesman.
"This is a PR activity launched by Unix enthusiasts, and it's up to the OEM
to handle any requests for refunds," Pilla said, stressing Microsoft's
position that PC makers are free to ship PCs with "whatever operating
system they choose."
Linux users are attempting to get the refund money from Microsoft rather
than individual PC makers in an effort to simplify the process, according
to Don Marti, co-founder of Electric Lichen LLC and a
participant in the refund
event, which includes a visit to Microsoft's office in Foster City, California.
"It's all going to happen very smoothly," he said. "We are not looking for
a bunch of software pirates to show up and claim they're not using
Microsoft products when they really are."
Every interested user must produce the original installation CD-ROM, the
original user's manual, and certificate of authenticity, Marti said. Many
of the event's logistics are still being worked out, he added, so
interested Linux users should visit the Windows Refund Center or the Bay
Area refund site for more details in the coming weeks.
Although the idea and the event were only conceived in the last couple of
days, traffic to the Windows Refund Center has skyrocketed, according to
Jensen.
Jensen estimates that the site, which was launched in response to a
discussion on Slashdot.org, has
generated about 200,000 hits since it went public earlier this week. The
increased traffic has not slowed the site down though, he said. "It's
running Linux."
I got $1.00 back for the windows refund. I am refunding WIndows XP professional. It is totally insane. If $1.00 is the answer, I want to buy 100 Windows XP professional for $100.00 and sell it on Ebay for $1000.00
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