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    Sony and Microsoft Windows Vista Business Edtion refund (saga/fun)

    This is an account of my trying to get a refund for a copy of Microsoft Windows Vista Business Edition, that:
    a) I did not want
    b) I did not request
    c) I do not (and will not) use
    d) is totally unnecessary to operate the computer on which it was preinstalled

    The statements of the various parties involved (Sony and Microsoft, above all) are interesting.
    Nobody is responsible for nothing.
    Neither Sony, nor Microsoft, let alone the poor retailer, are prepared to go by the EULA.
    Digitec.ch even question the legal value of the Microsoft EULA in Switzerland.
    The final customer is the only party that shall have to respect the EULA.
    Whether or not s/he accepted it.
    Basically, the customer is bound by a choice others have made in his/her place.
    It would be funny, if it wasn't this sad.

    It is of course not for the money.
    It is for freedom of choice.

    ---

    I have recently bought a Sony VAIO at digitec.ch (I live in Switzerland).

    The laptop comes with Microsoft Windows Vista Business Edition preinstalled (and included in the price).
    I could not care less about running Microsoft Windows in general, let alone Windows Vista.
    Had I had the option to buy the laptop without this piece of s...oftware, I would have surely done so.
    But, as we all know, you just do not have...an option.

    So, before turning the computer on, I downloaded the Microsoft Windows Vista Business Edition EULA to see what is says about the (in)famous refund of the license cost.
    Interestingly enough, the EULA that you can find on the Microsoft web site says in bold:
    ...
    By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft's refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT of see www.microsoft.com/info/nareturns.htm.
    ...
    So, I contacted digitec.ch, the retailer where I bought the laptop.
    digitec.ch replied to me as follows:
    Dear Sir

    We don't do this refunds.
    The Agreement from Microsoft is based on American law.
    It's not even clear if it applies in Switzerland.

    You have to possibility to refuse to accept the EULA of Microsoft, but we cannot refund you the money for Windows Vista.
    The reason is that the OS was been sold in a bundle with the notebook.

    Many thanks for your interest in our products and services. We would be glad to answer any further questions that might arise.

    Kind regards
    Understandable, is it not?
    After all, what has the poor retailer to do with all this?

    But I was certainly not to give up that easily.

    So I turned the computer on and followed the (bloody long) procedure that got me to the EULA acceptance dialog, taking pictures along the way.
    It is a dialog that presents the Microsoft EULA for acceptance, on the top, and the Sony EULA acceptance, on the botton.
    Of course the text that was presented to me had nothing to do with the one published by Microsoft online.
    Most notably, the word retailer got replaced by manufacturer or installer.
    And all the ...If you cannot obtain a refund...contact Microsoft had gone.
    The Microsoft EULA that was presented to me, thus, read (still in bold!):
    ...
    IF YOU DO NOT ACCEPT THE TERMS OF THE LICENSE YOU SHOULD NOT USE THE SOFTWARE
    AND YOU SHOULD CONTACT THE MANUFACTURER OR THE INSTALLER TO OBTAIN INFORMATION
    ON HOW TO RETURN THE SOFTWARE FOR THE PURPOSE OF OBTAINING A REFUND OF THE PRICE
    ...
    At this point it is important to note 3 things:

    a) there is no way for a user to actually refuse to accept the Microsoft EULA terms.
    Users can only "not accept".
    By not accepting, the configuration process cannot be completed.
    At this point users that want to install a different operating system have to switch the computer off and on again.

    b) the text of the EULA does not say whether it refers to the hardware or the software manufacturer/installer.

    c) the text of the EULA does not leave the manufacturer/installer the option to refuse to refund.
    It only says that you have to contact them to see how to return the software in order to obtain a refund.

    It was time to contact Sony, then.
    Sony replied to me as follows:
    Dear Mr ...,
    Thank you for contacting us,
    As you purchased this notebook with the knowledge that the price included the use of the operating system you were hence buying this all as one unit.
    For this reason we can not offer you a refund and would have to contact Microsoft if you have any further issues in regards this.
    Regards,
    Of course.
    I had a few things to object to this.
    Of course I know the operating system is included the price, but I also know the EULA states I can get a refund.
    I had a phone call with some people at Sony, who then put their position in writing, thus:
    Dear Mr ...,
    Thank you for taking my call today,
    Please note the in the Microsoft EULA it refers to contacting the manufacturer of the software and not the notebook.
    Please contact Microsoft to investigate receiving a refund.
    Regards,
    Now Sony's position was that this refund business is Microsoft's and not theirs.
    Good enough to me!
    I wrote an email to Microsoft explaining the situation.
    Microsoft's reply is the following:
    Dear Mr ...,

    many thanks for your request.

    It is correct that "Producer or Installer" is referring to the producer
    of the software license. But, in case of pre-installed licenses as on
    many laoptops, the software license is produced directly by the hardware
    manufacturer.

    Many hardware producers have signed a contract with Microsoft
    Corporation to work as an Original Equipment Manufacturer (OEM) for our
    enterprise. As an OEM-Partner, a hardware manufacturer is authorized to
    produce software licenses for Windows Operating Systems by their own,
    and pre-configurate them onto a definite hardware.

    So, those OEM-licenses are directly fixed to the hardware and are in the
    full support responsibility of the hardware manufacturer. Any
    replacement or returning of product parts is lying in the discretion of
    the OEM partner.
    I had told the Sony guy that if Microsoft really meant to say "Microsoft" they would have written "Microsoft".
    But as they wrote "manufacturer/installer", some surprise was sure to be expected.

    So, I got back to Sony, who immediately (they must be mad at me, by now) got back to me with this:
    Dear Mr ...,

    Thank you for your reply. Please find that your VAIO has been supplied with a OEM copy of Windows. This means that it has been tailored specifically to work with your VAIO and also included various additional software packages that are exclusive to Sony VAIO's including Intervideo WinDVD & VAIO Control Center etc.

    The statement from Microsoft you have supplied indicates that the bundled copy of Windows is indeed integrated with the unit's hardware; the reference to support responsibility refers exclusively to fact that we provide full technical support for the OEM version of Windows installed.

    When you purchase a VAIO, you do so voluntarily with the inclusion of all installed components; including the bundled OEM operating system; in this case Microsoft Windows Vista. Under the circumstances; we will not be offering a refund for the cost of this.

    Regards
    I am considering other actions, of course.
    Most notably: the text of the EULA does not offer (whoever is to refund this license) the option to refuse.
    I have pointed that out to Sony.
    I also provided them with a link to this post.

    This is it, for now...
    gnu/linux is not windoze

    #2
    Re: Sony and Microsoft Windows Vista Business Edtion refund (saga/fun)

    One thing you need to keep in mind is that there are all kinds of backroom dealings involved with OEM copies of Windows. There are kickbacks between Microsoft, computer manufacturers, and most importantly, the vendors whose crapware is included in the OEM Windows. It's kind of like the current world financial mess in miniature -- no one is accountable because everyone is responsible. Bottom line is, if you bought your computer without the Windows stuff on it, it would probably have cost you more. Just try it and see -- if you can find someone who will sell you a Window-less computer, it will cost you more.
    We only have to look at ourselves to see how intelligent life might develop into something we wouldn't want to meet. -- Stephen Hawking

    Comment


      #3
      Re: Sony and Microsoft Windows Vista Business Edtion refund (saga/fun)

      Originally posted by doctordruidphd
      ...
      no one is accountable because everyone is responsible.
      ...
      no, no.
      i am not responsible for a bloody anything.

      Originally posted by doctordruidphd
      Bottom line is, if you bought your computer without the Windows stuff on it, it would probably have cost you more. Just try it and see -- if you can find someone who will sell you a Window-less computer, it will cost you more.
      the bottom line has nothing to do with price or money.
      i don't give a heck.
      the bottom line is exactly i would like to have the freedom to...
      something i don't have.
      i'd rather live in a good expensive world than in a crap cheap one.
      gnu/linux is not windoze

      Comment


        #4
        Re: Sony and Microsoft Windows Vista Business Edtion refund (saga/fun)

        It seems that EULA that was available to you (online version) is not the same as one that you saw on your laptop. The question is if you were presented with applicable EULA (or had an opportunity to see it) before you made your purchase. If you did, and you did not agree with something in there, you could have not buy that laptop. BUT, if you had no chance to see it until you brought laptop home and if there is ANYTHING in that EULA that you cannot accept for whatever reason, you might have a valid case as without accepting it you cannot use the product as it was advertised. I doubt you will get refund for Vista, but you should be able to get refund for actual laptop. If you would really care (and have resources and/or support from some group that does) you could probably be able to push that all the way to the point where retailer should have to provid access to EULA for any software that might be installed on the system you are buying (which IMHO should be the case).

        Comment


          #5
          Re: Sony and Microsoft Windows Vista Business Edtion refund (saga/fun)

          How is your french? Hopefully better than mine...

          http://wiki.swisslinux.org/fr/associ...projets/detaxe

          Taken from here:

          http://wiki.fsfe.org/Windows-Tax_Refund#Switzerland

          They've got a bunch of other countries/experiences as well
          Once your problem is solved please mark the topic of the first post as SOLVED so others know and can benefit from your experience! / FAQ

          Comment


            #6
            Re: Sony and Microsoft Windows Vista Business Edtion refund (saga/fun)

            toad,
            thanks for the links.
            interesting.
            my french has been better, but it should still be good enough.
            thanks again.
            gnu/linux is not windoze

            Comment


              #7
              Re: Sony and Microsoft Windows Vista Business Edtion refund (saga/fun)

              Originally posted by sasha
              ...
              If you would really care (and have resources and/or support from some group that does) you could probably be able to push that all the way to the point where retailer should have to provid access to EULA for any software that might be installed on the system you are buying (which IMHO should be the case).
              ...
              the whole thing is full of holes...

              just to mention a few:

              a) you have no access to the actual EULA until after you have bought the computer

              b) not all the preinstalled software has an accompanying EULA as should actually be the case (and as you point out)

              c) you cannot explicitly refuse to accept the terms of the EULA, you can only "not accept"

              d) the text of the MS Windows EULA is pretty clear about the fact that the cost of the license will be refunded

              e) the computer has 4gb of RAM, but neither the preinstalled MS Windows Vista (nor the accompanying MS Windows XP) can see more then 3gb
              (so, accepting the EULA means wasting 1gb worth of RAM...which i bloody paid for, didn't i?)

              f) they say i made a free choice in buying the whole bundle, but it's false: i didn't have any other choice as they don't sell it otherwise

              g) they say you cannot buy a car and then ask for a refund of the engine if you want to use a different one
              well, this is not exactly the same thing, is it?
              the operating system (as the name implies) is that piece of crap that allows you to "operate" your system.
              in the case of a car, that would be the petrol, not the engine (as the engine is the cpu/gpu and stuff).
              and there's no bloody car manufacturer that forces you to use their petrol, is there?
              especially because, in this case, there's open source free petrol that makes your car work better and go faster.

              i) ...

              and the list could go on for another good while!

              the thing is not over, though.
              sony contacted me again.
              they seem they now want to...discuss the issue.
              they wrote me the following:
              Dear Mr...,
              Thank you for your reply.
              Please provide us with your preferred contact number and a suitable time frame
              to contact you between the hours 08.00 and 18.00 (GMT) Monday to Friday to discuss the issue.
              Regards,
              ...
              i'm waiting for their call!
              gnu/linux is not windoze

              Comment


                #8
                Re: Sony and Microsoft Windows Vista Business Edtion refund (saga/fun)

                When you spend your money you are casting a vote. By purchasing a computer with Windows pre-installed you are voting for Windows.

                You could have bought a computer with Linux pre-installed, but as has already been pointed out you'd pay more. By purchasing a computer with Linux pre-installed you would have voted for Linux.

                I know that's an oversimplification, but the power of the market is undeniable. As long as the market demands Windows, it will be dominant.
                Welcome newbies!
                Verify the ISO
                Kubuntu's documentation

                Comment


                  #9
                  Re: Sony and Microsoft Windows Vista Business Edtion refund (saga/fun)

                  @ Telengard

                  What you say is of course correct. Unfortunately it is not always what is desirable/available.

                  @ jankushka

                  I think points a) and c) in your post just make so much common sense that the rest of the violations are neglible.

                  I'll do my very best to stay cooperative for my impending discussion on the same issue with dell I reckon I'll sleep on it before replying 8)
                  Once your problem is solved please mark the topic of the first post as SOLVED so others know and can benefit from your experience! / FAQ

                  Comment


                    #10
                    Re: Sony and Microsoft Windows Vista Business Edtion refund (saga/fun)

                    @telengard
                    your're right.
                    it is an oversimplification.
                    just as it probably is to say that i have cast a lot more votes to linux than you have, because,
                    despite having registered to kfn more or less at the same time, i have 25 times (891 to 36) your posts.
                    or to say that you have copied my "signature".
                    cheers.

                    @toad
                    how about posting you epistolary exchanges with dell on this forum.
                    such a publicity seems to be something these folks would rather avoid.
                    take care.
                    gnu/linux is not windoze

                    Comment


                      #11
                      Re: Sony and Microsoft Windows Vista Business Edtion refund (saga/fun)

                      Originally posted by jankushka
                      just as it probably is to say that i have cast a lot more votes to linux than you have, because, despite having registered to kfn more or less at the same time, i have 25 times (891 to 36) your posts.
                      Put your thing away, this isn't a p*ssing contest

                      Originally posted by jankushka
                      or to say that you have copied my "signature".
                      No, I didn't copy your signature. I wanted to have a few handy links in mine, and spent a couple of hours searching them out. I'm somewhat surprised, but it is a fine article.

                      Cheers yourself :P
                      Welcome newbies!
                      Verify the ISO
                      Kubuntu's documentation

                      Comment


                        #12
                        Re: Sony and Microsoft Windows Vista Business Edtion refund (saga/fun)

                        If they will not refund the OS, return the entire package, including the computer. They can't deny you that. If the Vaio is as bad as the one my sister had, it's probably the best option either way.

                        What I'd suggest the next time you buy a computer is to buy it from a computer store, not a generic electronics store, and flat out refuse to buy it if you can't get it clean, without an OS. I always do that, and they are not happy about it, but they do it rather than losing the sale. Be prapered to argue, though, but you seem to be a person that's not afraid of that.

                        Comment


                          #13
                          Re: Sony and Microsoft Windows Vista Business Edtion refund (saga/fun)

                          @troberg
                          thanks for your input.
                          there's a retailer over here that sells desktops without os (well, there's a few...but where i live there's only one).
                          i always buy those desktops whenever i need a one (for me, for my friends, for my relatives...i've converted quite a few to open source...).
                          laptops, though, you can't find them without windoze.
                          not over here.
                          no way.
                          a friend of mine is actually collecting evidence from shops/retailers vendors to prove exactly this.
                          because of how bad the situation is.
                          he has already exchanged a few letters with our "commission on competition".
                          but the reply of this commission is pretty much always the same: that's what people want, so...no problems!
                          which is the most stupid thing they can say, really, 'cause it does not help competition at all.

                          but i'd like to make a few things straight again.
                          it's not a political or a religious war to me as it seems to be to other people.
                          windoze or linux preinstalled does not make any difference to me.
                          as long as it is not the customer's choice.
                          and i don't really have anything against microsoft or windoze, per se.
                          i don't like what they do...true.
                          i don't agree with the way they do things...also true.
                          and that is exactly why i never used windoze (or microsoft software) in my life.
                          but "freedom of choice" includes (afaiac) the freedom for people to choose to use windoze, if that's what they want/need.
                          that is also why i always kindly wave people goodbye on this forum when they complain about kubuntu being crap.
                          if windoze is what works for them, then, bye bye and good luck.
                          everybody use the operating system and the software they deserve.
                          no problems for me.
                          but for those like me that do not want/need windoze, there should be the freedom not to buy and not to pay for it.
                          this is all.
                          very simple.

                          hopefully, with more people raising the issue, vendors will start changing their policies.

                          cheers.
                          take care.

                          ps:
                          my vaio vgn-sr29xn is a very good piece of hardware.
                          it's small, it's not the lightest laptop around, but it's light.
                          got good performance, well built, very nice/good keyboard.
                          has everything me and my wife need.
                          a good quality lcd, a 1.3mpix web cam, sd card reader, good wireless card...
                          the lot.
                          can't really complain about the laptop itself.
                          gnu/linux is not windoze

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