My Response to Linux Weekly News Reporter
Date: Fri, 22 Jan 1999 11:54:29 -0700 (MST)
From: "Donna."
To: "Elizabeth O. Coolbaugh" [address omitted -d.]
Subject: Re: Refund for Unused Preloaded Windows
[her words omitted cuz I didn't get permission to repeat them anywhere -d.]
*smile* That's actually an interesting interpretation. Here's what
really happened.
1. A fellow from Oz, Geoffrey Bennett, published his web page about
getting a refund from Toshiba. FYI, that went up ~6 months
ago.
2. Slashdot got interested in it just a few days ago and it became a
discussion frenzy.
3. Matt Jensen, at thenoodle.com, got the idea to make it a publicity
event, and created the Windows Refund Page,
4. When I discovered the Refund page at thenoodle.com (now moved to Linux
Mall, BTW), I was slightly peeved that the link to Bennett's page
read, "which started it all", so I wrote a note to Matt and cc:'d
some places I thought might be interested in the fact that I
received a refund for my unused Windows back in 1997. I felt it
was, in our modern age, a Real Life example of one of the many
ways women get erased from the history books, cuz my partner and I
have been telling people to read the EULA and try to get the
refund for almost two years now, so it's hardly a "new" piece of
information. What's new is that folks are listening now when, two
years ago and in the time since, everybody pretty much insisted it
couldn't be done.
I spoke up mainly because women's history is a hobby interest of mine, and
in the past few years I've been encouraging other women to stand up and
take credit when their accomplishments have been ignored, and I couldn't
very well keep encouraging other women to do this if I didn't do the same,
myself.
So....
If you're wanting someone who's regularly been getting refunds from
Microsoft, I'm not the person you want to see. I received a refund, once,
and it was from Canon, the OEM, not Microsoft.
In fact, if you read the standard Windows EULA (and Microsoft's PR
response to this campaign), you'll see quite clearly that the refund is to
come from the manufacturer of the computer system, not Microsoft. While
I, personally, feel that is an unethical way to do business, I can't
quibble with the instructions in the EULA (at least, in the EULA which
came with my preloaded Win95 and, apparently, in the EULA which came with
Mr. Bennett's preloaded Win98 (err, I think he had Win98)) to go to the
manufacturer for the refund.
Now, I'm only an amateur writer, but if I were doing the story, I'd
combine the reports from people who try to buy "naked" systems (mindwiped
hard drives) and are told they can't because the OEM's license with
Microsoft prevents that, Microsoft's public response to the refund PR
campaign, and the fact that the EULA does indeed say that the refund is to
come from the manufacturer rather than Microsoft ..... and then recommend
that readers take that information in with them the next time they try to
buy a "naked" system and are told they can't.
Personally, I think it's also important to consider that, if any
manufacturer refuses to honor the refund, they are in essence saying that
the shrinkwrap licensing agreement is invalid. Also, by people comparing
what size of refund they receive, we might be able to make Microsoft's
licensing costs public despite Dell's having successfully suppressed that
information in the current court case.
Also, for people wishing to receive a refund for a preload already bought,
it really is possible to prove that they never used Windows, but only if
they never removed it from their drive. See, when you try to boot in
Windows, first thing you're asked to agree to the license, and if you
refuse you will always get =that= same screen at bootup. That's why, when
I got fed up with Canon dragging its feet on my refund and decided to use
my computer anyway, I used FIPS to repartition the drive and install Linux
without touching the Win95. (I've since wiped Windows from my drive. I
just wanted to retain proof I'd never used it, cuz I didn't know what to
expect from Canon and wanted nothing to sabotage my refund.)
URLs you might be interested in checking out:
Geoffrey Bennet's story of his refund from Toshiba
http://www.netcraft.com.au/geoffrey/toshiba.html
David Chun's June 1998 survey of manufacturers who refuse to sell "naked
systems"
http://www.essential.org/antitrust/ms/jun3survey.html
My 1997 refund story
http://www.niestu.com/advocacy/win95-refund.html
Have fun!
Donna.
Cybrarian, NiEstu
donna.s@niestu.com
Donna.
Last modified: Thu Jan 28 01:45:07 MST 1999