ADAM KOSMIN WILL appear in Queens County court in NY today to argue that people be refunded when they don't use
a preinstalled version of the Windows operating system.
The end user licence agreement (EULA) on a machine which boots up when a new machine is started means that when someone chooses not to agree with the Microsoft licence, a person can qualify for a full refund of the price of the software.
The Windows 2000 Professional EULA, for example, reads as follows: YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND. The case is against Toshiba America. Sometimes computer vendors will give refunds willingly, but at other times refuse to refund the money.
Kosmin argues on his own and others' behalf that when there's a refusal, that violates contracts, consumer protection law, and antitrust laws in the USA.
The case being heard today was filed against Toshiba America Information Systems on January 23rd last, and will be held in room 101 of the Queens County Courthouse in Jamaica, NY. ยต