FreeBSD developer Poul-Henning Kamp (phk) has sued Lenovo in Denmark (Google translation, original here) over their refusal to refund the Windows Vista Business license, even though he declined the EULA during installation. Lenovo argues that they sell the computer as a full product, and that they cannot refund it partially, such as the power supply or the OS even if people intend to use a different one. This seems to be contrary to previous rulings in the EU where Acer and HP has been forced to refund the ‘Microsoft tax.’
“It is clear from Lenovo’s website to your computer comes with Windows Vista Business installed and any reasonable customer should expect that the general license terms for Windows Vista applies, including the previous paragraph.
“Nowhere on the Lenovo website, I have been able to find any indication that Microsoft’s standard license was not valid for the copy of Windows Vista Business that came with your computer.
“Lenovo has certainly lots of Microsoft-paid “advertising” on their website where they write that “Lenovo recommends Windows Vista”, but a recommendation is not a requirement.
“My first contention is that Lenovo should live up to the wording of the agreement text explicitly makes them the one party that they themselves cause presented at the computer screen when you turn the first time and explicitly described the screen as only being an requirements for using Windows Vista Business and not the computer as a whole.”
Good for Poul.