Bonum Certa Men Certa

OEMs to Potentially be Forced to Unbundle Windows as Forced Vista 7 'Sales' Lead to Class Action Lawsuit

Carlo Piana



Summary: Carlo Piana et al. take Microsoft to court for removing choice in the OEM channel, including reasonable choices such as GNU/Linux, BSD, or simply no operating system at all

THE MICROSOFT WINDOWS chokehold is being eroded in the OEM channel. Vista 7 refunds are already becoming possible in Denmark, in Brazil, and in Portugal. Back in the days we also wrote about similar actions pressing for unbundling in France.



Some of the many reports about the new lawsuit in Italy stress that there is international relevance:

The Italian consumer watchdog is suing Microsoft over the "Windows Tax" – the near impossibility of an ordinary user getting a refund if they decide to delete Microsoft's software from a new computer or laptop.

The class action case says Microsoft makes it too difficult for people who buy a computer with Microsoft software on it to remove that software and get their money back. Most users do not realise that starting the software means you have accepted the end user licence.


Carlo Piana, a lawyer who helps defend software freedom, is personally involved in it and there's stressing that "it's a class action, PPL can join (later)"

"OK," writes Piana, "now it's public. I've served a class action against MSFT for bundling & refusal to reimbourse Windows, for ADUC" (he links to an article in Italian) and there is also a "blog post on ADUC class action against Microsoft #MSFT," starting with this introduction:

Aduc, an Italian Consumers association, has served on Microsoft Italia (the local branch of Microsoft Corp) a class action complaining that the company consistently refuses to reimburse users the price of ubiquitous windows licenses, bundled with OEM (Original Equipement Manufacturers) computers. I am part of a much larger legal team that has produced it and I can briefly illustrate what it is about.

Italy has adopted a regulation (Art. 140 bis of the Italian Consumers Code) that allows consumers individually (not consumers associations, which is strange) to file class actions, through ordinary proceedings, open to be joined at a later time. A class action is a case which is arguably identical to a class of users and which is likely to protect the interest of this class. Unfortunately, the Italian version has been adopted with very odd provisions that limit the effectiveness of it, as one can read in this document by Aduc (in Italian).


Here are some more links on this matter (some are from Microsoft blogs, thus they are biased):

The case, which was filed in Milan by the Associazione per i Diritti degli Utenti e Consumatori (ADUC), and picked up by The Register earlier today, points to Microsoft's end user license agreement (EULA)--as outlined in various copies of Windows--noting that once users turn their computer on and begin to use it, they are no longer able to return the software for a refund.


Microsoft booster Peter Bright adds this: (special thanks to Girts for some of these pointers)

This is not the first time ADUC has taken to the courts over Windows preinstalls. In 2007, the group successfully sued HP after it failed to abide by the terms of the Microsoft End User License Agreement, which explicitly permits a user to refuse to accept the terms and receive a full refund.


Meanwhile we learn about some new actions in Portugal, where Microsoft wants government policies to help stifle Free software (in France, the lawmakers recently had created Apple/Android tax, which is based on copyright). Microsoft is going down, but not without a fight.

Comments

Recent Techrights' Posts

Links 31/12/2024: Another Jeju Air Plane Has Severe Landing Gear Issue (Cannot Blame Birds Anymore), Turku Quits Twitter/X
Links for the day
2025 Coming. "Lawsuits are temporary. Glory is forever. Go public."
another promising year for us
Free Software Foundation (FSF) Raises about $50,000 After Saying We Should Put Pressure on Microsoft, Might Exceed $300,000 in Total Before 2025 (Boston Time)
FSF fund-raiser now at 292k US dollars. Spectacular growth, rising at a pace of about $20k per day!
Brittany Day Unleashes Microsoft Propaganda About Linux, Likely Generated by Microsoft LLM to Strategically Googlebomb a Topic
Yes, it's definitely LLM slop
Gemini Links 31/12/2024: Default Apps 2024 and Google News RSS Woes
Links for the day
Links 31/12/2024: 'Open'AI Has Run Out of Money Again, Venezuela Fines TikTok, Germany Warns X/Twitter Over Election Interference, Google Search Takedowns Out of Control
Links for the day
Gemini Links 31/12/2024: Google's Evil and VF-1 1.0.0 is Out
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 30, 2024
IRC logs for Monday, December 30, 2024
Links 30/12/2024: Arrest Warrant for South Korean President Yoon, Experts Contest 'Bird Strike' Narrative for Crash Blame
Links for the day
[Meme] Systemd-Max
Why is everything - even aviation - getting so much worse?
Links 30/12/2024: Bad Year, Sxmo/PostmarketOs, and Gemlog/Tinylog
Links for the day
Just a hobby, it won't be big and professional like GNU. It'll be controlled by Microsoft due to administrative neglect.
Get well soon, Linux
Free Software Foundation (FSF) Raised About 20,000 Dollars Today
FSF funds now near 275k dollars. Growing VERY fast today.
Massive Gains for GNU/Linux in Australia This Year
Windows lost clout and Android was the biggest gainer
New IRS Filing Shows That the Most Dominant Company in the Linux Foundation is Microsoft
The 'Linux' Foundation devotes only about 2% of its budget to Linux (skeleton crew). It invests a lot more money in the Ponzi scheme of Microsoft and Scam Altman.
[Meme] Who's the Linux Boss?
Bill Gates is a lot more interesting anyway
In 2024, Under Linux Foundation Management, Linux.com Produced and Published Only 5 Articles
Remember when Linux.com had 3-4 original articles per day?
Trying to Informally Police or at Least Report LLM Slop About "Linux" (and Several Related Topics)
Do they deserve public humiliation/condemnation? Yes, as that might be the only way to nip this in the bud
Links 30/12/2024: Fentanylware (TikTok) Concerns and Aftermath of Cut Cables
Links for the day
A Free Software Foundation (FSF) Led by Dr. Richard Stallman Can Still Raise a Lot of Money
Give people more time (e.g. until end of January) and maybe hit the target
Is Microsoft's Plundering of Africa Coming to an End?
Microsoft had many layoffs in Africa this year
Microsoft Windows Down From 23% to 20% This Year in Asia (Android Up From 54% to Almost 60%)
Less and less of Windows, more of the Linux-powered Android
15 Years Ago Mozilla Firefox Had Over 50% of the Slovakian Market, Now Google's Chrome Has Over 70%
Peaked at 72.4% earlier this year
Remembering When Photography Meant Realistic Captures of Reality, Not "Hey Hi" (AI) and 'Instagrammed' (Filtered, Manipulated)
Fake pictures predate the "hey hi" hype; Instagram in particular was full of these
Good Gains for Android for GNU/Linux in New Zealand This Year
Notice that GNU/Linux rose to its highest point (this month)
2024 a Record Year for Android (Almost 50% "Market Share"), Which is Now Bigger in Europe Than Microsoft Windows
a look at Europe
Apple's Main Stronghold (North America) at Risk From GNU/Linux
Apple had several rounds of layoffs in the US this year
Wishing for a Wikileaks Renaissance in 2025
as a site that facilitates whistleblowers, hosting large leaks
statCounter: Microsoft Windows Down a Percent This Year in South America, GNU/Linux Up to 3.2%
Microsoft down, freedom up
[Meme] Getting Banned From Social Control Media 2 Days or Two Weeks Before Leaving Office
Seems like interference using dinners with an insurrectionist
The Threat of Googlebombing and LLMs
There are many Carters, but search engines and LLMs lack the "logic" (or common sense) to tell the difference
Social Control Media (Not Just TikTok) is a "Modern Challenge" to Democracy
Society is worse off with Social Control Networks
Jimmy Carter on Globalisation of "Tech"
Carter's legacy in the area of science (and technology)
IBM's Bad Leadership is a Threat to GNU/Linux
We worry that since Red Hat controls so much of the GNU/Linux stack difficulties at IBM will result in divestment
The True Importance of Diversification
Monopoly or monoculture breed fragility
Putting Some Eggs in the Geminispace Basket
Do not bet on the future of the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 29, 2024
IRC logs for Sunday, December 29, 2024
Gemini Links 30/12/2024: Countdown to New Year, Tinylogging, and LLM Hype
Links for the day
Incredible! Beta'News' Now Runs Ads as 'Articles' About 'Hey Hi' (AI), Written by LLMs
Does it get any more rogue than this?
This New Talk Helps Explain Why Crimes at the European Patent Office (EPO) and Patent Policy Deficits Remain Unaddressed by the European Commission
Corporations write and enforce the law
Our Most Relaxing Christmas Ever?
this Christmas was our most calm every (in recent memory at least)
Bad Year for Microsoft in India (and Another All-Time Low, Windows at 12% "Market Share")
Microsoft is the next Intel
Keeping Online Even During Wars
the Internet is still quite robust
Enshittification is Everywhere
Computer Science has been reduced to just "computer" (spyphone)
Fascistic Regimes and Their Justices Will Leverage Social Control Networks to Their Advantage (Power Grab), They Won't Protect Constituents From Them
"controlling the voices and all the narratives, including the press because they too buy into the lies that it is a communications medium"
Move to GNU/Linux and Save the Planet, CCC Talk Explains
video of the talk
New Year's Resolution for Techrights: No More Very Short Posts
If we publish memes, as above, then we'll try to at least contextualise them somewhat
The Free Software Foundation (FSF) Tells Us All to "Keep Putting Pressure on Microsoft"
"Grassroots organization against a corporation as large as Microsoft is never easy"
Links 29/12/2024: Phytium Sells Chinese CPUs and Landing Gear Malfunction Crashes Plane in Korea
Links for the day
Links 29/12/2024: Facebook Wants More Bots and Slop, Whistleblowers and Bloggers Under Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 28, 2024
IRC logs for Saturday, December 28, 2024