[diskussion] [tickets.se.linux.org #1180] Windows Refund Case in Sweden ?

[Robinson Hordoir]

Hej Jens,


And thanks for your answer, no problem for the delay.

I am therefore explaining the problem to the discussion list. I'm French and
am a member of the AFUL (French Linux Users Association), and now live in
Sweden. AFUL has created a working group called "racketware" :
www.racketiciel.info, in English : http://www.racketware.info/index

The purpose is to give consumers the choice of the OS they want to use with
their computer, and to pay only for that OS. Behind the bundling of Windows
with computers is hidden one of the biggest threats of the 21st Century
related to freedom of numerical society, technological independence,
green-IT (as Windows always ask for increasing power and renewal of
computers).
The racketware team coaches candidates who which to ask for Windows refund
by refusing the EULA (End User Licence Agreement) at the first start of the
computer. The EULA gives right of refund, but most EU countries also have
laws that forbid bundling, or at least that allow refund if the consumer
asks for. A computer is something you own, whereas software is a service :
you never buy Windows but a licence to use Windows, you don't buy what is
installed on the HD by the manufacturer but the little sticker below the
computer that gives you the right to use what has been installed on the HD.
Therefore if you send this sticker back, with all the re-install CDs, the
manufacturer should give you refund for the unwanted OS. Controlling that
you don't use the unwanted software is up to them afterwards, and is
actually very easy except if you never connect your computer to the internet
(If you do, it will immediately activate the licence on M$ Servers...).

Manufacturers almost never accept to refund, and we have coached 4 people to
court already, 4 victories, and it is nothing compared with what will be
coming in a few months. With us in this fight is the biggest consumer
association in France "UFC Que Choisir" who is taking HP to court for
illegal bundling. Each time, courts have said that the minimum price for
Windows is 100 Euros, and it has once reached more that 300 Euros. The
manufacturer was obliged to refund the consumer.


Asking for a refund does not require a lot of law expertise (I did it
myself, and am a scientist... and I won), the amount of refund is so small
(about 150 Euros) that is takes place in small claim court, for which I
guess there is an equivalent in Sweden. Going to small claims court does not
require a lawyer and cost nothing : it is the kind of court where people go
and claim for unpayed rents and stuff like that. Don't be scared, just read
any EULA of a brand new computer : it clearly state that if you refuse the
terms, then you should be refunded for the unwanted software. None of the
members of AFUL is a professional lawyer, we have just members who have
studied law a bit and help us for fun. I'm sure it is possible to find
people in Sweden who could help as well and have a good knowledge of the
Swedish Law.

I would be more than happy to provide information to any person in Sweden
who wants to start a refund case.


Cheers,


Robinson Hordoir



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