[Leaplist] Dell selling open source hardware

[Fred Moore]

On Thursday 25 January 2007 10:50, Steve Litt wrote:
> On Thursday 25 January 2007 01:21, ray wrote:
> > you can always buy the system with windows, then refuse the EULA and
> > request your money back for the OS.
>
> Have any of you actually done that, and if so, did you get your money
> back,and was it a hassle?

There was an article about this on digg a couple of weeks ago.. a guy was 
describing all of the crap he had to go through with Dell in order to get his 
refund.. I think they finally gave him 49 bucks of the 89 bucks he claimed in 
his refund. 

Now if you still lived in California you would most likely not have a problem.  
MS via Best Buy lost a case already there..   An attorney attempted to return 
an opened Microsoft software box.   They refused to accept the software back 
because it had been opened.  His argument is that the EULA is inside, when he 
read the EULA is clearly said "if you don't accept this agreement return the 
package to the place of purchase"  something like that..  They refused.. he 
filed saying that the EULA as in fact a contract.  Since he was refusing the 
contract the product was unfit for sale for any purpose as it was unusable 
for any propose without agreeing to the contract.  

He further stating that in order for the contract to be binding the entire 
contract must be disclosed to all parties prior to a purchase where 
acceptance of the contract was a must for the product be be usable.   The 
California supreme court found him correct..  And found in his favor.   So I 
don't think you would have any problem with Best Buy in California.. most 
likely it would be a huge pain in the ass any where else.. 

I don't think it is worth returning to the land of no backyard grills to get 
their protection.. not only that but most are waiting for the big one where 
they slide into the sea.. 

BTW now that I think about it the HE was a She.. and as I recall in California 
the EULA must be affixed to the outside of the packaging or a link must be 
clearly displayed indicating where the full EULA can be read.   I'm sure 
google will find this.. Fred
  
>
> STeveT
>
> Steve Litt
> Author: Universal Troubleshooting Process books and courseware
> http://www.troubleshooters.com/
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-- 
Fred Moore
WD8KNI
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