Re: How I got a Windows Vista refund from HP

On Sun, 3 Aug 2008 10:31:41 +0100, Mark Kent wrote:

> thufir <> espoused:
>> On Wed, 30 Jul 2008 10:36:51 +0100, Mark Kent wrote:
>>
>>>> As someone else wrote, the refund will be on the whole system, not each
>>>> individual component. It's bundled and normal return policies apply.
>>>> Doesn't mean that's a good situation, just that the guy who got the
>>>> refund read what he wanted into the EULA.
>>>>
>>>>
>>>>
>>> It's not fully bundled, though, because you have to agree to a licence
>>> before you can use it (Windows), so quite clearly, Microsoft consider
>>> their Windows to be a separate entity from the computer.
>>>
>>> Microsoft are not in a position in a Windows Eula to state the returns
>>> policy with respect to a 3rd-party product (an HP computer) as sold by a
>>> 3rd party vendor (whoever this was).
>>>
>>> Certainly, in the UK, this would not hold any water. Adding conditions
>>> after a sale is not allowed here, as far as I know.
>>
>>
>> It would be alot clearer if the requirement was to *sign* the EULA at the
>> time of purchase. IANAL, but I agree with you that it sounds suspect to
>> add conditions after the sale.
>>
>>
>
> I remain astonished that nobody has yet tested this issue legally. The
> practice appears to be quite reprehensible.

Why not test your theory out on the company you work for Mark Kent?

In fact, I have taken this opportunity to inform them of your theories
regarding the non-existence of IP...
I can't wait to hear their response!!

Oh yea, for those that don't know, Mark Kent is COLA's resident hypocrite
dejour....

Here is the company he works for:


"At BT Global, our crown jewels are the services we supply to our
customers. With jNetX we own the intellectual property for our services,
allowing us to evolve the services as and when required."

Mark Kent
Head of Technology Strategy

http://www.jnetx.com/index.php?id=products

https://solutionfinder.microsoft.com...10ba73b82dbdb4

http://download.microsoft.com/downlo...dbox_Demo.pptx


--
Moshe Goldfarb
Collector of soaps from around the globe.
Please visit The Hall of Linux Idiots:
http://linuxidiots.blogspot.com/