

Ask HN: Microsoft Bundled Operating System Refund? - dpapathanasiou

People have told me that it's possible to get a refund from Microsoft for a bundled operating system you didn't want.<p>How exactly do I go about doing that?<p>For the first time in a while, instead of building a desktop machine from components, I want to buy a compact desktop (the Asus Eee Box, to be exact), but it includes Microsoft XP, which I don't want.<p>Neither Asus nor the retailer will sell it to me without XP.<p>So if I do buy it, I'd want to ask Microsoft for a refund for XP.<p>IIRC, people who've done it said don't even turn on the computer before applying for the refund, and keep all the OS media sealed, so that it can be returned intact.<p>Does anyone here have experience with this, and is there anything else I'd need to do?
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fractallyte
You should contact the manufacturer of the computer (not the reseller and not
Microsoft).

It's unlikely they'll just refund your money. You'll need to insist, and be
prepared to stand your ground - they will evade, and invent excuses.

Record all communication: phone calls ('This call may be recorded...' does not
state which party may record the call, so phone conversation is arguably fair
game!), letters, screenshots to demonstrate that you've removed Windows, etc.

The legal background is this:the manufacturer is bundling their hardware with
a third party product ('tying'). In the UK (and EU) this violates the 1998
Competition Act, and gives you grounds to take the manufacturer to a Small
Claims Court.

There's a whole section in the Civil Procedure Rules devoted to competition
issues:
[http://www.justice.gov.uk/civil/procrules_fin/contents/pract...](http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/competitionlaw_pd.htm)

Basically, you will need to inform the Office of Fair Trading about your case,
and apply to transfer the hearing to the from the usual County Court to the
Chancery Division. A county court is obligated to help with procedure (but
never advice), so don't be afraid to embark on such action yourself.

I'm involved in a similar action at the moment against Samsung. Unfortunately,
the Office of Fair Trading brushed aside my case, so I've made a formal
complaint against THEM. I'm pushing ahead carefully and intend to see this
through to the end.

Of course, these laws and procedures apply in the UK (and similarly throughout
the EU), but if you're in the US or elsewhere, there ought to be equivalents.

The most important thing to realise is this: you DO NOT need expensive legal
representation, and the anti-competition laws are designed to protect
consumers from these practices. It may be that the manufacturer will surrender
to your demands if they see you're serious.

