Re: Avoiding paying Windows license in the US

[Federico Leva (Nemo)]

Il 30/05/21 06:46, Julian Daich ha scritto:
> I got a new HP laptop and still did notl open it- Any idea how to
> avoid paying the Windows license before installing GNU/ Linux?

In what jurisdiction? In the EU/EEA, the CJEU ruling on case C‑310/15 
applies.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62015CJ0310

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1.
        

A commercial practice consisting of the sale of a computer equipped with 
pre-installed software without any option for the consumer to purchase 
the same model of computer not equipped with pre-installed software does 
not in itself constitute an unfair commercial practice within the 
meaning of Article 5(2) of Directive 2005/29/EC of the European 
Parliament and of the Council of 11 May 2005 concerning unfair 
business-to-consumer commercial practices in the internal market and 
amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 
2002/65/EC of the European Parliament and of the Council and Regulation 
(EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair 
Commercial Practices Directive’), unless such a practice is contrary to 
the requirements of professional diligence and materially distorts or is 
likely to materially distort the economic behaviour of the average 
consumer with regard to the product, a matter which is for the national 
court to determine by taking account of the specific circumstances of 
the case in the main proceedings.
        

2.
        

In the context of a combined offer consisting of the sale of a computer 
equipped with pre-installed software, the failure to indicate the price 
of each of those items of pre-installed software does not constitute a 
misleading commercial practice within the meaning of Article 5(4)(a) and 
Article 7 of Directive 2005/29.

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This ruling has been applied by lower courts as giving the right of 
reimbursement depending on certain conditions.

Best regards,
        Federico