Windows of opportunity

DO YOU ever read the small print on the licence that comes with software? Geoffrey Bennett did, and achieved something amazing: he discovered the cost of a bundled copy of Microsoft Windows is pounds 42.80.

A few judges and witnesses in Washington have heard Microsoft reveal those figures, in sessions closed to the public. Mr Bennett did it the hard way: he read his Windows End User Licence Agreement (EULA). Based on that he demanded, and obtained, a refund of A$110 (pounds 42.80), for not using the operating system. Was it worth it? "It's the principle of the thing," he notes.

Bennett, a computer systems manager for an Australian Web design and publishing company, decided that he wanted a Toshiba notebook. But, being a fan of Linux, the increasingly popular open source operating system, he didn't want to pay for the Windows 95 that came with it.

But Toshiba refused sell him a notebook without Windows, so Bennett bought one, but, before turning it on, he read the EULA, which included two key sentences: "If you do not agree to the terms of this EULA, PC Manufacturer and Microsoft are unwilling to license the SOFTWARE PRODUCT [Microsoft's capitals] to you. In such event, you may not use or copy the SOFTWARE PRODUCT, and you should promptly contact PC Manufacturer for instructions on return of the unused product(s) for a refund."

So the first time he turned it on, he booted from a Linux floppy and deleted the Windows partition on the disk. Hence, he had never used Windows.

Now, he wanted his refund.

Toshiba Australia argued that this was a "boilerplate" EULA (which it evidently is). It still covers Windows, pointed out Bennett. Toshiba suggested he give back the whole machine. "No, I just want the refund on Windows, like the EULA says," he replied. Toshiba argued that it couldn't refund him because it didn't have any mechanism to claim a refund from Microsoft. Not my problem, pointed out Bennett.

Toshiba remained stolid. The Small Claims Court beckoned - until Bennett looked again at the possibility of returning the whole computer, as Toshiba had earlier suggested. By this time, two months after the original purchase, his model was discontinued and the upgraded replacement was $700 cheaper. "They [Toshiba] were effectively offering me $700 and a notebook upgrade," notes Bennett. He decided to pursue that option.

The Toshiba reseller, however, balked at this and got on to Toshiba - which suddenly got back to Bennett offering a refund for Windows. Three months after the saga began, Toshiba produced a cheque.

It may have been a matter of principle for Geoffrey Bennett, but it is a principle others are turning into a movement.

Linux users in California are organising a "Windows Refund Day" on 15 February, when they will converge on Microsoft's offices with Windows disks, manuals and certificates of authenticity to seek their refunds.

While it's doubtful that Bill Gates will get his cheque book out, expect to see PCs with Linux installed coming on the market soon.

Geoffrey Bennett's whole saga (including letters) is on-line at www.netcraft.com.au/geoffrey/toshiba.html

Instructions on how to go about getting a refund from Microsoft can be found on the Windows Refund Center site at www.linuxmall.com/refund