Don’t Want To Use Pre-Installed Microsoft Windows? Sue Dell (MSFT)


Do computer-buyers who get a PC pre-installed with Windows have the right to reject Microsoft’s (MSFT) terms of use (the EULA)? In Israel they do, and it can mean a cash settlement to the tune of $137.

Zvi Devir from Haifa very carefully read the contract that came with Windows on his new Dell (DELL) computer, the one that starts: By [opening this envelope / checking this box], you agree to be bound by the terms of this licence

Specifically, he read the part that said this: 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.” 

So Devir decided not to check the box, and demanded his refund from Dell. The case eventually ended up in Israeli small claims court, which Dell settled for the full cost of Microsoft’s licence, plus tax: $137.

Could you pull the same stunt in the US? No clue. But with Michael Dell identifying overseas markets as a growth opportunity, Dell and Microsoft should hope Devir’s example doesn’t catch on.

See Also:
IBM To Enterprise: Ditch Windows For Our “Microsoft-Free” Terminals
Why Linux Netbooks Aren’t Killing Microsoft Windows (Yet)
Dell Finds A “Bonus” In Its licence With Microsoft And Keeps Shipping Windows XP