A CLASS ACTION LAWSUIT in Italy refunds for Windows preloads

[LinuxMint-4]

Italians want refunds for Windows preloads
We don't want your stinking Windows
By David Neal
Wednesday, 6 January 2010, 17:50

http://www.theinquirer.net/inquirer/new ... s-preloads


A CLASS ACTION LAWSUIT in Italy is looking to gain compensation for consumers because PCs are sold with Microsoft software pre-installed.

Aduc, an Italian consumer group is planning to sue Microsoft and is likely to present its complaint this week. Unfortunately, lacking any bilingual staff we had to rely on Google's translation service for this look at the announcement.

The group's main point is that no one chooses an operating system when they buy a PC, rather they simply buy a PC, that is, just a piece of hardware. Getting rid of a preloaded OS, in this case Microsoft's Windows, they argue is a bit of a pain. Therefore, Aduc will attempt to recoup the costs to PC buyers of removing something that they didn't choose to buy.

"Today there are hundreds of reports of users on the impossibility of obtaining this refund. There are several individual cases initiated and the pilot, sponsored by us at the magistrate of Florence, has been won. But the individual can not bring cases involving a limited number of users, the most tenacious and convinced even willing to shoulder the burden of a lawsuit. So, given the high number of users involved and the importance of the issue in the context of free market, we decided to prepare ourselves to act with legal action collective. That class action that - despite the existing legislation it has severely limited the effectiveness it has in other countries - would be feasible from next January 1, 2010, when the law comes into force."

Which we take to mean that the group was waiting for the start of this year to ensure that its legal footing was sound. Anyone with a grievance can fill out the form and take part in the class action. One case has already been won in Florence, against HP, so it looks like it is time for Microsoft to get some of its lawyers frequent flyer accounts at Alitalia.

In the meantime, and in general, the group recommends that anyone who buys a machine with an operating system pre-installed should not use it as this is an acceptance of the licence requirements. Instead, it said, they should contact the manufacturer and inquire about getting a refund.