From: Bill Morrow (penzance_at_gate.net)
Date: Mon Oct 14 2002 - 00:34:38 EDT
just a quick comment..
we are speaking of a preload, not a retail box OS..
if we all drift offf in that direction, the preload question will fade..
if you can buy a new thinkpad with no HDD then there is no OS with it..
some companies build up their own versions for the sales force..
OS/2, Linux, w98 or older..
it works, its cast in stone and they don't want W2k or Wxp or anything
else...
so you CAN get a new thinkpad with no OS..
<------------------------------->
Cordially, :-)
Bill Morrow
WEB page http://thinkpads.com
thinkpads.com Open Forum
http://www.afaonline.com:8080/webboard/$webb.exe/~2/login?
or go to thinkpads.com and link from there
E-Mail: bill at thinkpads dot com
----- Original Message -----
From: "VirtueNet" <grahamj_at_virtue.cx>
To: "Steve C." <stevec50_at_yahoo.com>; "Felix E. Klee" <felix.klee_at_inka.de>
Cc: <thinkpad_at_cs.utk.edu>
Sent: Sunday, October 13, 2002 8:33 PM
Subject: Re: buying a thinkpad without microsoft
> ----- Original Message -----
> From: "Steve C." <stevec50_at_yahoo.com>
> To: "Felix E. Klee" <felix.klee_at_inka.de>
> Cc: <thinkpad_at_cs.utk.edu>
> Sent: Sunday, October 13, 2002 7:28 PM
> Subject: Re: buying a thinkpad without microsoft
> > Won't work, the store didn't write or even agree to
> > the EULA.
>
> Actually, you probably don't know that for sure. I would assume that MS
has
> some kind of agreement that it's retailers must sign in order to sell
their
> products.
>
> Although MS's EULA's are different for every product here is a snippet
from
> the Win98 EULA: " installing, copying, downloading, accessing or otherwise
> using the SOFTWARE PRODUCT, you agree to be bound by the terms of this
EULA.
> If you do not agree to the terms of this EULA, do not install or use the
> SOFTWARE PRODUCT; you may, however, return it to your place of purchase
for
> a full refund."
>
> It certianly appears to imply that the Point of Sale is the place to do
the
> return. As for opening the package, well I would find it unlikely that
any
> court would enforce a licence that the licencee had no opportunity to read
> before accepting. IIRC there was a case in Scotland that upheld this
idea.
>
> > I don't know of any store that will accept
> > opened software for a refund!
>
> No offense but the fact that you don't know about something doesn't make
it
> untrue. (ad ignorantiam)
>
> > They used to complain
> > even if the item being returned was not software but
> > happened to have software with it, like a printer or
> > scanner. I've had to scream and cause a fuss just to
> > return something that wasn't software at all but
> > that's changed some now that almost everything you buy
> > comes with software. Still, no stores will accept an
> > opened packeage CD, whether it's a music CD or
> > software except in exchange for another one if the
> > first one was defective.
> > I can see how you might think you could return just
> > the license since they charge you for licenses but you
> > won't be able to find anyone who will accept a license
> > for a refund either.
>
> I have no problems believing that stores would be reluctant to take back
> software that was out of the shrinkwrap however if the EULA is binding to
> the user then it seems reasonable that it is binding to the vendor. So I
> don't see how they can ultimately avoid it.
>
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