bas-r

First of all, let me make a clear statement about Microsoft and their Windows products. In no way do I have anything against Microsoft or their Windows products. They have their right of a share of the Operating System (OS) market, just like Apple, BSD, Solaris and Linux.

What I would like to have is a freedom of choice in shops: I want to be able to choose any piece of hardware, and put any piece of software on it, or have it preinstalled by the shop if I choose so.
Unfortunately, this is not the case in my country (the Netherlands). Less than 1% or the laptops sold in shops are sold without an OS preinstalled. Luckily, there is some jurisdiction in the EU, which states that an OS can be returned to the manufacturer of the pc/laptop in exchange for the paid license fee.

I just bought a magnificent piece of hardware, an HP ProBook 4310S, which came preinstalled with Windows Vista Business. No problem I thought, I’m tech savvy enough to take that off and put my favourite OS on it (Ubuntu Linux).
Now, get my money back from HP, and I’m done.

No no no, it’s not that easy when you have an HP!!! I’ve found similar cases in The Netherlands, where people buying Acer laptops get the opportunity to send their laptop back, have the HD wiped, and they get a certain refund. Dell even offer the possibilty to just send them an email, and you get a refund.

Phoning up HP, they told me

“Our policy is to not do any refunds of the OS in the EU. Send back the laptop, and you get a refund.”

What? They have a POLICY to not refund the OS?? In the EU?? What’s that all about, I want your hardware, not the bundled software, thank you.

One day later I sent a polite email, stating that I don’t need the OS bundled with the laptop. A curt response followed, containing the following message:

“Our policy is to not do any refunds of the OS in the EU. Send back the laptop, and you get a refund.”

Mmm, sounded familiar… these service desk people must’ve been brainwashed?
Yes, they in fact are people: I got my hands on a confidential internal note which circulates among the HP service people:

HP CONFIDENTIAL
Drawer Statement: The HP position on the bundling of the Microsoft operating system Windows on its PCs in EMEA

** Media Statement **
January 30, 2008
___________________________________________________________________________

Primary Press Contact:
Please refer ALL calls on this subject to:

Manuel Linnig
Manuel.linnig@hp.com

This statement is has been prepared for use in a:

___ Broad fashion – Use with one and all as appropriate.
___ Narrow fashion – Use with select reporters, refer to press contact above.
_X_ Reactive fashion (the traditional “drawer” statement) – Use only in response to an inquiry.

Situation/Background – for Internal use only

In EMEA certain consumers have claimed a right of return and reimbursement for the Microsoft operating system pre-installed on its HP PC on the basis that they either refused the related Microsoft license terms or were not interested in acquiring or using the pre-installed operating system.

HP has refused doing so, offering instead a right of full return and reimbursement of the entire product (hardware and software) provided that it is returned unused within a certain timeframe from the purchase date.

Statement – for External use

Today, based on consumer market demand and efficiency considerations, HP markets to consumers in EMEA PCs with a Microsoft Windows Operating System (Vista Home Basic, Home Premium or Ultimate) (‘MS OS’) only.

The mass production of consumer PCs with MS OS permits HP to offer better PCs at lower prices.

HP does not currently identify in EMEA a consistent market for consumer PCs with a pre-installed Linux distribution or other alternative OS version and hence does not see a viable business opportunity for consumer PCs with another OS than MS OS.

For technical, commercial and warranty reasons, HP does not market any bare PC (i.e. without a pre-installed OS). As most IT manufacturers and IT specialists, HP considers that a PC with a pre-installed OS constitutes a single product and a pre-installed OS cannot be regarded as a product separate from the PC. HP firmly believes that the distribution of PCs with a pre-installed MS Windows OS provides the vast majority of consumers with the most rewarding computing experience and is more valuable and beneficial both from a technical and economic perspective.

Prior to the purchase, consumers are duly informed of the pre-installation of the MS Windows OS on the HP PC so they can make an informed choice.

Consistently, should consumers not wish to use the pre-installed MS OS or refuse the MS license terms, HP does not offer a pro rata refund for the pre-installed OS alone,.

In this respect, the Microsoft license terms associated to the OS explicitly refer the consumers to the PC manufacturer return policy for any refund or credit. According to the HP return policy communicated with the PC products, consumers not willing to accept the pre-installed MS OS license terms, are eligible to a refund of the entire unused product (i.e. both hardware and software) provided that it is returned unused within a certain timeframe from the purchase date.

The HP return policy is in line with industry best practice.

HP keeps its sales strategy and return policies under review ensuring that the company meets its customers’ requirements in EMEA as they develop over time.

# # #

This media statement is for the exclusive use of HP employees and external designees, assigned by HP, to proactively and reactively communicate with the media about a potential business issue. This statement encompasses all information that currently can be stated and should be used verbally to communicate with media as required and designated by its author. It is not intended for use with HP employees, industry or security analysts, third parties, customers or other parties.

And there is more:

ATTACHMENT A – STANDARD WRITTEN RESPONSE TO END USERS

DRAFT LETTER TO BE TYPED ON HP LETTERHEAD AND TO BE CUSTOMISED FOR THE PARTICULAR CASE AS NEEDED

[CUSTOMER]
[address]

[DATE]
BY POST/FAX/REGISTERED MAIL

Dear [NAME],

Your request for a refund of [insert appropriate windows product here] Licence Fee

We duly received your letter of [DATE] and regret to inform you that HP does not offer a pro rata refund for any product components (including operating systems) pre-installed on our computers but which customers do not wish to use.

Customers do have the right, based on the HP Return Policy, within 14 days of purchase, to return the entire unused PC (i.e. hardware and software) and receive a full refund of the purchase price.

Our Return Policy is in line with industry best practice. Be assured that we are keeping our sales strategy and return policies under review ensuring that we are able to meet our customers’ requirements as they develop over time.

We hope this clarifies our policy for you.

Yours sincerely,

Ok, that clarifies a lot, thank you HP.
It sounds like you’re saying:

To keep our position in the market, we must fuck over all consumers, and sniff MS up their arses.

Was that it, HP? Is that the message you’re trying to get across?

I received a response after I begged them to obey the law, and don’t leave a lone customer in the cold. I explained them how I love their hardware, and I don’t like my rights to be violated in this Free world.
I saw this response coming though:

“Our policy is to not do any refunds of the OS in the EU. I can only offer you to send back the laptop, and you get a refund.”

Yeah yeah yeah, is that needle stuck in that record or what?? I want your fucking laptop, not that bundled software. Sorry, I seem to be stuck on repeat as well.

Thankfully, there seems to be a God in this world. I contacted my reseller (www.4launch.nl), and they mailed me back quickly stating:

Send us back the gear (cd’s, license sticker and a photo of you declining the EULA) and we”’ make sure HP will give you a refund

And these guys weren’t even from the SERVICE-desk. Keep you posted on any progress.

***UPDATE 16 Feb 2010***
It seems that anyone can start a ‘case’ at HP. At the normal service desk. That’s what I’ve been told by the guys from the shop where I bought my laptop. In that ‘case’ you can demand your money back for the Windows license, which is what they’ve done for me.
They sent me an email today stating that it’s looking good for me, and they expect to give me good news soon!!

***UPDATE 18 March 2010***
The shop 4launch.nl has tried to persuade HP to return my money. They had to turn to high ranked management, but HP didn’t want to pay anything. It’s even worse: they stated that, and I quote: “HP doesn’t allow the enduser to modify the bundled software, with the purpose of having a cheaper product. If one does this, all warranty on the product is lost, since the product cannot be reverted back in its original state.” (This is the original Dutch text: HP staat niet toe dat haar product die met deze software op de markt komt door de eindgebruiker gewijzigd mag worden om daarmee goedkoper uit te zijn. Er kan dan verder geen garantie geboden worden. Want dan is het dus niet meer mogelijk om het apparaat in de oorspronkelijke staat te krijgen. )
So, this means that not agreeing to Microsoft’s EULA, will have you loose all grounds for claiming any warranty on an HP product.
It’s a strange world we live in.
Because the shop 4launch.nl thinks my claim was legal and because in their opinion I handled correctly, they will give me a refund of 29euro’s for the Windows license, and send me back all the Windows goods (dvd’s / license sticker), so I can bring it back to it’s original state if anything goes wrong with the laptop and I want to claim any warranty.

DO NOT BUY HP GOODS IF YOU PLAN ON RETURNING THE MICROSOFT LICENSE!!!! I will though, since their hardware is just way better than all the stuff I’ve ever laid my hands on.

DISCLAIMER:
I just want the right to choose. I don’t like to get Windows shoved up my arse when buying a laptop. I don’t like the feeling, thank you very much. I do NOT have any problems with Microsoft or Windows itself.
IANAL