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

FOSDEM is Called "FOSDEM" Because of Richard Stallman (RMS)
The overlap there seems timely; yesterday RMS spoke in French-speaking (in part) Switzerland where questions in French were accepted
January 20: Richard Stallman Talk in Europe
evening time in Europe, around midday in the United States and Canada
Slopwatch: Too Lazy to Write Real Articles, Offloading to Chatbots Instead (LLM Slop About "Linux")
The Web was already full of garbage before the LLM frenzy. Now it's even worse.
RMS 'Inauguration' in Montpellier (Government Administration) on January 20th
Happy hacking
 
Links 18/01/2025: Restoring the Great Wall of China and Economic Expansion in China
Links for the day
Guardian Digital (linuxsecurity.com) is Spamming the Web With Microsoft's Promotional LLM Slop About UEFI 'Secure' Boot (Which is Against Real Security)
This is an attack on honest journalism
Links 18/01/2025: TikTok's Endgame, "Car Freedom", and Spying in Cars 'Fines' GM (Settlement)
Links for the day
Links 18/01/2025: Apple Getting Out of Hey Hi (AI) Slop (Too Much Misinformation), Chaffbots/Chatbots Try to Settle Copyright Infringement Lawsuits
Links for the day
What Fake News Sites Are Doing to GNU/Linux
The LLM slop about Linux serves two purposes
Links 18/01/2025: Microsofters Upset at Microsoft's Ridiculous Rebrands (Excuse for Massive Price Hikes), Chaffbot Company ('Open'AI) Faces More Lawsuits
Links for the day
Gemini Links 18/01/2025: Surge in Illnesses, ctags, and Gemsync
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 17, 2025
IRC logs for Friday, January 17, 2025
Even Technical Articles and HowTos From UNIXMen Nowadays Seem to be LLM Slop
We've just permanently removed the RSS feed of UNIXMen
The FSF's 2024 End-of-Year Fundraiser Succeeds: Over $400k to Support Software Freedom
That's worth bringing up again because the SFC is trying to 'crash' this achievement of the FSF
[Meme] Fentanylware (TikTok) Banned in the United States, Next Up European Union (EU)
And the United Kingdom (UK)
President Biden is Right, "Free Press is Crumbling" and the United States Exports Its Media-Hostile Culture to Other Continents
perhaps Biden should pay closer attention to how Donald Trump-inspired Americans take their battles to other continents
Links 17/01/2025: TikTok Banned by the United Stated (SCOTUS Rejects Appeal)
Links for the day
Software Freedom Conservancy Inc (SFC) Makes It Obvious It's Just a Copycat Trying to Exploit or Leech Off the FSF's (and GNU's) Work
They swim next to the rich people (who "match")
Links 17/01/2025: Fentanylware (TikTok) Herds Its (Drug) Users Into Even More Harmful "Apps"
Links for the day
Guardian Digital, Inc (linuxsecurity.com) Uses Microsoft-Controlled Front Groups and LLM Slop in Order to Spread Microsoft-Directed Anti-Linux FUD
Microsoft garbage likely produced by Microsoft LLMs, spewing out Microsoft FUD
Likely Fake 'Article' About Linux Mint 22.1
BetaNews fired up its plagiarism machine (LLM)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 16, 2025
IRC logs for Thursday, January 16, 2025
Links 16/01/2025: Conflicts, Overpopulation, and Software Patents
Links for the day
[Meme] Lock-down With DRM Server/s (in a Nutshell)
Companies like Microsoft and Apple have a 'God complex'
Thank You, London! There Was No Way to Still Reliably Host Gemini From Home (on a Raspberry Pi 4) Due to Scale
The only regret we've long had is that we hadn't made the move earlier
The Summit of Future (Kerala, 2025): Dr. Richard Stallman (RMS) to Give Keynote Talk
promotional video was uploaded
Richard Stallman's Talk This Coming Monday (European 'Tour')
bunch of talks in Europe
Total Lock-down Ambitions - Part II - Down to the Very Core, Including the Hardware (CPU, GPU, Peripherals, and More)
instead of distinguishing themselves and antagonising these broadly reviled "antifeatures", both Canonical and IBM decided to join Microsoft in advocating lockdown
FSF, Guardian of the GNU Project, to Reach $400,000 in Winter Fundraiser Ahead of 40th Anniversary
The GNU Project Turns 42 later this year
Links 16/01/2025: "Meduza, IRL" and the Clock is Ticking on TikTok in the US
Links for the day
Gemini Links 16/01/2025: Yesterday's Gone, The Hour of the Dragon by Robert E Howard
Links for the day
Computer Users Aren't Zoo Animals
Animals don't belong inside cages in zoos, either
Links 16/01/2025: Scale and Scope of Microsoft Layoffs Revealed (Two Waves of Layoffs in 2025 Already)
Links for the day
Gemini Links 16/01/2025: Meta Has a Pixelfed Problem and Space Time Scoping
Links for the day
Anti-Linux 'Articles' in linuxsecurity.com (Guardian Digital, Inc) Are Composed by Bots, Probably Microsoft's
linuxsecurity.com has become a mindless stream of LLM slop
"New Year, New Career"
published a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 15, 2025
IRC logs for Wednesday, January 15, 2025