Saying no to Microsoft's license policy gets you your money back

Nov 14, 2006 16:01 GMT  ·  By

Let's say you bought a brand new Dell laptop. And the machine is preinstalled with Windows XP SP2. What happens if you don't want the Windows operating system? Well, freelance programmer and sysadmin Dave Mitchell, from Sheffield, UK, gave the answer to that question when he failed to agree to the Windows license agreement presented to him the first time Windows started.

"I had a clear record of what the license did or did not say. I fully intended to take it as far as the small claims court just to be bloody-minded," explained Mitchell saying that he had taken photographs of all his actions that culminated with his refusal to agree with Microsoft license terms. "I assumed that would come out when it came to the small claims court. They only took two days to respond I was pretty gob-smacked that it was so easy."

The Microsoft Windows XP Home Edition EULA states, "You agree to be bound by the terms of this EULA by installing, copying, or otherwise using the software. If you do not agree, do not install, copy, or use the software; you may return it to your place of purchase for a full refund, if applicable."

Dell refunded Mitchell 47 pounds for the unused copy of Microsoft Windows XP Home SP2. After taxes, the refund rose to 55.23 pounds. Mitchell had ordered the Dell laptop on October 21. On November 3, he got his refund.