__/ [ Rex Ballard ] on Friday 28 July 2006 19:03 \__
> Jim wrote:
>> flatfish+++ wrote:
>>
>> > On Tue, 25 Jul 2006 18:17:58 +0100, Roy Schestowitz wrote:
>> >> Good post, Rex. I'll comment.
>> > The king (Roy) has spoken!
>> > Rex wrote:
>> >
>> >>> Heck, just buy a PC, try to put Linux on it, if it doesn't install,
>> >>> send it back, explaining that you can't accept it because it doesn't
>> >>> run Linux. Eventually they will either tell you which machines WILL
>> >>> run Linux, or they will help you get Linux installed. After all, if
>> >>> you keep trashing machines because you are "doing it wrong", they will
>> >>> soon give up.
>> >
>> > Responding to Rex, the problem with your approach is that the pc
>> > manufacturers don't guarantee their PC's will run Linux so you don't
>> > have a leg to stand on.
>
> Actually, my son had a problem getting Linux installed, and told them
> that the machine was unacceptable. Under U.S. federal law, if you
> receive goods via mail, you have up to 3 days to return them for a full
> refund.
>
> In his case, he called Gateway, told them he hated their computer
> because it wouldn't run Linux, and wanted to return or upgrade it.
> Gateway reluctantly told him which computer WOULD run Linux, and
> offered to make the exchange for about 20% more than he had originally
> paid for his machine.
>
> The new machine ran Linux perfectly.
This begs for the question. Why weren't all of their machine
Linux-ready/friendly. One could argue that it's a matter of
production costs (e.g. Linux-hostile hardware is somehow
made cheaper). One could step further and ask if Microsoft
incentive would have it subsidise the production and
distribution of Linux-hostile hardware such as Winmodems.
> I've heard that IBM and Dell will also help users select machines which
> are Linux friendly.
> You can't get these machine without Windows, (something about
> agreements with Microsoft...yada-yada-yada...), however you can get the
> machines that have been configured to be Linux compatible, and you can
> get installation media which can be used to install Windows as a Linux
> client if you'd like.
In principle, I am against the purchasing of any machine
which comes installed with software you are not interested
in. By paying for that Windows licence (as in this case),
you incidentally show interest in that O/S, regardless of
the way it all ends up. It is then that you have people like
David Furguson struggling to convince the European
Commission that people are truthfully not interested in
Windows and don't require prebundling of that POS. This
leads to a cycle trap and you play into Microsoft's hands by
purchasing computers from such vendors with yada-yada-yada.
>> > Even if they do take it back, chances are you will be charged either a
>> > restocking fee, or shipping back so it's YOU who will really lose.
>
>> nope. Statutory rights stipulate that goods sold must be fit for purpose,
>> otherwise a FULL refund is due, as long as the claim is made within 7
>> days.
>
> Different states have different laws, but in general this is correct.
> If within a specified time, (3 days is almost always safe), you find
> the product to be unsatisfactory, you have the right to return it.
>
>> I'm still waiting for my Windows refunds.
>> That POS isn't fit for anything.
>
> There are three problems with that. First, Windows is copyrighted
> software sold to the OEM under a license which includes certain
> conditions. The OEM can't give you a refund because the license
> agreement prevents this. You can't get a refund from Microsoft because
> you didn't buy it from Microsoft. If you purchased Windows from a
> retailer, at full price, you could return it if you had not broken the
> seal. On the other hand, the license explicitly states that the
> software is not good for anything, and you agree to this.
>
> You also agree to let Microsoft access (read AND write) any file or
> registry entry on your computer (actually, any information, regardless
> of how or where it is stored), to do with as they see fit.
>
> You agree not to sue Microsoft, no matter how badly they trash your
> computer.
>
> You agree not to publish benchmarks, without Microsoft's prior written
> permission.
I am yet to find where it subtly says that in the EULA.
> You agree not to reverse engineer any of the software, even if the
> software is actually BSD code or NCSA code.
>
> There's a lot of other stuff you agree to, but you need a Microsoft
> lawyer to actually find out what it is.
How about this intuitive-to-read interpretation?
,----[ Snipptets ]
| If you share files or printers with other computers in your house, you
| are not allowed to share with more than 5 other computers.
|
| [...]
|
| You agree that at any time, and at the request of "content providers"
| (eg. media giants such as Sony and BMG), Microsoft may disable certain
| features on your computer, such as the ability to play your music or
| movie files.
|
| [...]
|
| You agree that Microsoft can automatically and without your consent put
| new software on your computer.
|
| [...]
|
| Microsoft may collect information about your computer and may share it
| with other companies, but this may not include personal information
| about you.
|
| [...]
|
| You may not rent, lease, or lend your computer with Windows XP Home on
| it.
|
| [...]
|
| Microsoft is not responsible for any damages. This includes loss of
| profit, the release of confidential information, or the loss of your
| privacy.
|
| Microsoft is further not liable for failing to use "good faith,"
| "reasonable care" or for negligence.
|
| Microsoft is not liable even if they break the terms of this agreement.
`----
http://linuxadvocate.org/articles.php?p=1
> Most of what you THINK you are accepting, is only the way you'd LIKE to
> read it. What it REALLY means is up to Microsoft's lawyers to
> interpret.
>
>> --
>> When all else fails...
>> Use a hammer.
>
> When that fails, get a bigger hammer :D
Or have Ballmer sling a chair.
Best wishes,
Roy
--
Roy S. Schestowitz | while (!0==1) echo 'Bill Gates' > /dev/null
http://Schestowitz.com | Free as in Free Beer ¦ PGP-Key: 0x74572E8E
Cpu(s): 17.9% user, 2.7% system, 0.6% nice, 78.9% idle
http://iuron.com - semantic engine to gather information
|
|
