Linux User Sues Dell Over A Refund For Windows!

Discussion in 'BlackHat Lounge' started by The Scarlet Pimp, Dec 10, 2008.

  1. The Scarlet Pimp

    The Scarlet Pimp Senior Member

    Apr 2, 2008
    Likes Received:
    Chair moistener.
    User Awarded Windows Refund.

    Zvi Devir from Haifa was recently able to do the impossible: He held Dell to
    the fine print in its end-user license agreement.

    Many laptop manufacturers, such as HP, Lenovo and Dell, have an OEM
    agreement (Original Equipment Manufacturer) with Microsoft, allowing them to
    install the Windows operating system on their computers in advance.

    The companies add the cost of the system's license to that of the laptop,
    and that little trick can amount to 10% or more of the computer's selling

    Many of us, however, simply check the box saying we agree to the terms of
    use when we turn our new computer on for the first time; but there's money
    to be made if you read the fine print. And that is exactly what Devir did.

    Devir was not interested in the Windows Vista system on his Dell laptop,
    opting for Linux - an open source system - instead.

    Vista's end-user license agreement (EULA) clearly stated that "By using this
    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."

    Devir approached Dell for his due refund, but was told that since "all
    sales, services and technical support are handled by licensed distributors,"
    he should call on the distributor for the refund, despite the fact that the
    EULA agreement clearly states Dell is liable.

    Devir had no choice but to take his case to the Small Claims Court, and so
    he sued Dell for the cost of the Windows installed on his computer - NIS 550

    Dell presented the court with an aggressive defense, claiming that not only
    did Devir fail to follow the return policy, he knowingly bought a laptop
    which had the system already installed on it, instead of buying one free of
    any operating systems.

    The latter claim fails to live up to itself, as Dell Israel's website does
    not give the private consumer the option of buying a laptop without Windows.

    Faced with Devir's tenacity, Dell eventually decided to settle the case by
    offering him a $100 compensation - the price of the system as sold by
    Microsoft to Dell plus tax - providing he drop the case and sign a
    non-disclosure agreement.

    After a brief negotiation, by the end of which Dell forfeited the
    non-disclosure clause, Devir finally got a check for $137. The check was
    signed by CMS - one of Dell's local distributors.

    Dell Israel offered the following comment: "Dell manufactures computer
    components in accordance with the customer's purchase order and requests.
    That included the operating system."