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Lenovo Must Pay Damages for Pre-Installing Windows

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

canopic jug writes:

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: 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.

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