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French Judge tells ASUS to refund pre-installed XP-> 3

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Racketiciel
Racketiciel writes "An French user asked for a refund after buying a ASUS computer that came with Windows XP and other softwares pre-installed. ASUS tried to apply a procedure which cost more money to the consumer that they will give back ... The court ruled in favor of the user who received back 130 Euro (~200 $) for the softwares. Here is the ruling (PDF, French). In France, this is the fourth victory for refund during last two years, and many persons are now starting procedures (in French). Two French associations (AFUL and April) published a press release on this victory the same day a important hearing happened."
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French Judge tells ASUS to refund pre-installed XP More

French Judge tells ASUS to refund pre-installed XP

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  • If you buy a computer with an OS already installed, Windows or not, don't you have to agree to the EULA to purchase the machine?

    • ... don't you have to agree to the EULA to purchase the machine?

      Not in Europe, and I doubt it is the case in the USA. No one signs it before buying, or else what would be later the point of clicking.
      But that is not the real issue here. Buying and then suing is just the only available procedure to bring to justice the fact that anti-competitive bundling practices are used.
      The purpose is not so much to get the money back, but to force the authorities to act on a situation that is actually forbidden by law, but without enforcement.

  • The customer has bought windows bundled with the machine; but as long as you don't agree with the software license, you should be able to get a refund. If this goes in an American court, it may establish a very dangerous precedent to Microsoft. And, of course, to Apple. (but who outside the EFF would be crazy enough to pay for a mac and take it to court?)

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