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posted by martyb on Tuesday March 02 2021, @05:20PM   Printer-friendly
from the windows-refund dept.

The Free Software Foundation Europe(FSFE) (no connections to the Free Software Foundation(FSF), despite the name) has logged a win in Italy in court for the freedom to choose the operating system on new computers. Luca Bonissi won after two years of court battles. He won the first round in a kind of small claims court, but Lenovo responded by lawyering up and attacking. The court eventually rejected all of Lenovos argument, confirming that the right to reimbursment for pre-installed software is due. Further, an additional 20k EUR in damages were awarded to Bonissi.

In a historic judgment in Italy, in a case initiated by FSFE supporter Luca Bonissi, Lenovo was ordered to pay 20,000 euros in damages for abusive behaviour in denying to refund the price of a pre-installed Windows licence. In a motivating gesture for the Free Software cause, Luca donated 15,000 euros to the FSFE.

[...] It should go without saying that everyone should be able to freely choose the operating system to run on their personal computers. Free Software is about granting the liberty for people to freely run software they desire and, consequently, decline the software not respecting their freedom. But Microsoft and the vast majority of hardware manufacturers dishonour this principle by dictating which operating system their customers must use, forcing them to run Windows even when they simply do not want to.

See also the FSFE Windows Refund Guide and the Racketware Guide about how to avoid the Windows Tax.

Previously:
(2014) Windows Tax now Illegal in Italy


Original Submission

 
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  • (Score: 1, Insightful) by Anonymous Coward on Tuesday March 02 2021, @05:57PM (6 children)

    by Anonymous Coward on Tuesday March 02 2021, @05:57PM (#1118944)

    Yup, that will be the maker's logical next step.

    The long, 87 page, 4 point font, shrink wrap license you have to agree to before you purchase the computer will have clause number 784 added:

    784) The purchaser hereby acknowledges that the hardware includes a pre-installed, and pre-paid, license for the Microsoft Windows 10 operating system and the purchaser hereby acknowledges:

    1) that the hardware is sold as a package, hardware plus the pre-installed operating system combined

    2) that the two components are inseperable

    3) that the purchase price of the license to said software is included as part of the overall purchases price for the package

    4) that under no conditions shall the purchaser be entitled to any refund, or other remuneration, for the hardware having been offered for sale in said package form including said bundled software license as part of the combined package

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  • (Score: 2) by Runaway1956 on Tuesday March 02 2021, @06:31PM

    by Runaway1956 (2926) Subscriber Badge on Tuesday March 02 2021, @06:31PM (#1118955) Journal

    And, all that is necessary in response to that, is a court decision that the clause is unjust and unenforceable. Said decision to be backed up by every appeal court, all the way up to the Supreme Court of whichever nation suit is filed in.

    Of course, that won't happen until an overwhelming number of "consumers" stand up as voters, and demand consumer rights that mean something.

  • (Score: 4, Informative) by citizenr on Tuesday March 02 2021, @06:38PM (3 children)

    by citizenr (2737) on Tuesday March 02 2021, @06:38PM (#1118958)

    EULAs are a non legally binding toilet paper in EU.

    • (Score: 3, Funny) by DannyB on Tuesday March 02 2021, @07:29PM (2 children)

      by DannyB (5839) Subscriber Badge on Tuesday March 02 2021, @07:29PM (#1118982) Journal

      It seems so unfair that you cannot be bound to a EULA in the box, with a binding clause on the outside of the package:

      By opening this product box, you agree to all terms of the EULA which is included with the product in the box.

      --
      People today are educated enough to repeat what they are taught but not to question what they are taught.
      • (Score: 0) by Anonymous Coward on Tuesday March 02 2021, @09:14PM (1 child)

        by Anonymous Coward on Tuesday March 02 2021, @09:14PM (#1119044)

        That would still be illegal in the EU. The appropriate moment to establish a contract would be at the moment of sale, not thereafter. "Opening this product box" usually happens post-sale (most common exception is if you don't intend to pay for it, in which case you probably don't care about the EULA either).

        • (Score: 2) by DannyB on Tuesday March 02 2021, @10:52PM

          by DannyB (5839) Subscriber Badge on Tuesday March 02 2021, @10:52PM (#1119092) Journal

          All it takes is a small change to the Uniform Commercial Code to establish a contract with you the moment you see the box on the store shelf or online web page. This is how they first made click-through EULAs legal. The only problem is that nobody reads click through EULAs.

          --
          People today are educated enough to repeat what they are taught but not to question what they are taught.
  • (Score: 3, Interesting) by maxwell demon on Tuesday March 02 2021, @08:58PM

    by maxwell demon (1608) on Tuesday March 02 2021, @08:58PM (#1119038) Journal

    Or maybe they will change the offer: You buy a Windows license with a computer included (the same way you buy a phone contract with a phone included). Since the main sold item was a Windows license, you cannot give that back separately; you could give back the computer separately, but since the Windows license is bound to that computer, it won't do you any good.

    --
    The Tao of math: The numbers you can count are not the real numbers.