Re: Avoiding paying Windows license in the US

[Jean Louis]

Jurisdiction was said to be US. EU is different.

* Federico Leva (Nemo) <nemowiki@gmail.com> [2021-05-30 10:28]:
> 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
...snip...
> 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.
> 
> ----
> 
> This ruling has been applied by lower courts as giving the right of
> reimbursement depending on certain conditions.

In simple words, seller is free to make the offer and computer may be
bundled with installed software, buyer is free to accept the offer.

However, when buyer was not aware of those conditions then the contract
is invalid and may claim back the money. It is simple contract law.

If buyer expected exclusively computer and not software but received
software with computer, and especially if buyer was not enough
informed, that is where the purchase contract fails.

In Europe there are many notebook sellers and specialized shops where
one can choose different operating systems especially notebooks and
computers without the operating system and they are really cheaper for
50-100 euro.


Jean

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