Bryan Østergaard: Changes in Microsoft Windows EULA

Bryan Østergaard: Changes in Microsoft Windows EULA: "My friend Peter Toft just blogged about an important change in the Windows EULA that could very well affect a large part of us. His original blog post (in danish) is available here.

But the short story is that Windows Vista allowed you to contact the manufacturer for a refund for the software if you didn't accept the EULA and Windows 7 appears to have removed that option. You can know contact the manufacturer to cancel the entire order or have them tell you which rights you no longer have because you didn't accept the EULA. Given how stubborn manufacturers are about refunding the windows license here in Denmark and several other countries I guess the Microsoft tax is pretty much impossible to escape now. The way I understand it this EULA change practically makes it mandatory paying for Microsoft Windows if you want a laptop for professionel use at least.

The exact part of the Windows Vista EULA mentioned by Peter is:

By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine their return policy for
a refund or credit..

The same part from the Windows 7 EULA is now:

By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy. You
must comply with that policy, which might limit your rights or require you to return the
entire system on which the software is installed.

I know of two current cases where Lenovo refuses to follow the Vista EULA and refund the Windows license. One being in Denmark where FreeBSD developer Poul-Henning Kamp is suing Lenovo and the other being in Hong Kong.

I'm curious how people think this EULA change will affect future refunds in different countries and how it relates to the different court cases in the european union and elsewhere that have already taken steps to limit Microsofts abuse of it's de-facto monopoly and secure free competition.

Please comment if you know of other current cases or have any information that can help keep open source operating systems an option when buying laptops."