How cam'st thou in this pickle? - SHakespeare, The Tempest
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Lenovo loses French lawsuit over Windows bundles
CHINESE PC MAKER Lenovo has lost a lawsuit in France over whether it can make customers pay for pre-bundled Microsoft Windows software.
This story began four years ago when Frenchman and GNU-Linux user Stéphane Petrus bought a Lenovo 3000 N200 laptop but baulked at the idea of taking it home with Windows on it. He asked the company for a refund for the Windows operating system and finally took it to court.
A French law states that one item cannot be tied to another when it is sold, but initially a court rejected his claims and his case. That ruling was overturned in late January in a small claims court, and Lenovo was fined and ordered to pay damages, including €120 for the software, €800 for personal damages and €1,000 for legal expenses.
"The current victory symbolizes the crumbling of hardware-software bundling in France. This means that the legal arguments in Mr. Pétrus's case can be used again in any EU country," said the campaigning web site No More Rackets.
"Similar free software teams and lawyers will now stand across Europe to broaden this victory and eradicate hardware-software bundling, for the benefit and freedom of choice of all computer users."
The lawyer representing Petrus has published his response to the findings. According to that report Lenovo argued that buying a laptop without software on it was like buying a car without wheels, an argument that the judge rejected.
We have asked Lenovo to comment. µ
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It will probably mean an increase in hardware prices as manufactures get paid to bundle all sorts of unnecessary software.
should have happened in the USA long ago.
having to pay for Firestone tires when you want Goodyear. I like the idea of not being forced to pay for windows if you do not want it. Oenm's could put a basic Linux os just to boot the computer and check harware funtions. Then you can put whateever you prefer on it.
I agree, no one really needs software on their hardware, any idiot can do it themselves and have a smoother install.
http://bit.ly/dI3hcF
I agree. All hardware should be made available minus the software. The specs should be made freely available for others to load their own operating system on it
Why should SONY be able to sell a PS3 that can't have LINUX installed on it, or Apple the iPAD.
Restricting this ruling to only hardware that usually comes with a Microsoft OS is unfair to Microsoft.
ALL other suppliers should be treated the same.
Such hardware can run a number of different operating systems. Why should we be forced to pay Microsoft for a product when we are just buying hardware? Even people who want to run Windows may already have a spare licence handy and shouldn't be forced to buy yet another for their new computer.
It's time to stop Microsoft claiming a tax on every purchase! Vendors should offer operating systems as an *option* and support the hardware itself regardless. If people want a full experience, sell them an OS, but *only* if they want it.
Does this mean we can expect to be able to buy an Apple iPad without an OS and install Android on it?