OK. One day after sending my email I have had a reply from Acer:
Hello, Thank you for contacting Acer.
Regarding your enquiry,
The Acer OEM software installed on your machine is pre installed and activated in the factory. It is an integral part of the machine you have purchased and is bundled with the physical hardware of the computer. We are unfortunately not able to refund the operating system as it is not a separate item. It comes as part of the computer you have purchased.
As you can see they are not willing to refund any money. So what do I do? Well, first things first, let's see if they are lying. I have already removed Windows from the machine and the machine works perfectly, so it is not an integral part of the machine. They also say that Windows ...
and is bundled with the physical hardware of the computer.
It may be but I am rejecting the license itself, because I don't own Windows.
OK. Time to call their bluff. My first response is to get the Windows XP Media Center 2004/5 Edition EULA from Microsoft to see what my rights are for a refund. I have gone to their website and filled in a form asking for them to email me the EULA for this edition.
My response to Acer:
Thank you for your email.
Unfortunately, due to unfair licensing practices, Windows comes with most computers that are purchased and most people have to pay for Windows whether they like it or not, even if they are looking for a naked machine, ie one without an operating system installed. As you may well know that finding a naked notebook is difficult and can be expensive. Because of this several complaints have been put to the European Union asking them to investigate. This has been reported in the press (see
http://seattlepi.nwsource.com/busine..._msfteu01.html). This, as you may have heard, is referred to as the 'Microsoft Tax'.
Now, I chose this notebook because I liked the specs and the price was affordable to me. My intention was to put Linux on the computer and use open source software so I have no need for the pre-installed version of Windows. I have looked at your website and cannot find any notebooks with equivalent specs not being preloaded with Windows. Also, I could not find another notebook with equivalent specs that was available at the same price without an OS preloaded. In essence, I cannot find a notebook provided by you or by a competitor that offers the notebook naked (no OS) or for a similar price/spec.
Unfortunately, your email to me does not ring true. You clearly state that the OS is an integral part of the machine but I have managed to not only wipe the OS from the system, I have managed to install a competing OS on the computer and the machine is still working ok. Looking up the word 'Integral' in a dictionary returns the following results:
1. (adj) Essential or necessary for completeness; constituent
2.(adj) Possessing everything essential; entire
3.(n) A complete unit; a whole
As Windows is not the only OS in existence then number 1 doesn't apply, as it is not essential for you to use Windows to use this notebook. As Linux contains everything I need then number 2 does not apply, as Windows does not posses everything I need because if it did then I would have no need to look at Linux. I have demonstrated that Windows on this notebook does not make it a complete unit, otherwise removing it would mean the machine could not function.
If I was to accept that the OS is an integral part of the computer then maybe you can explain to me why I cannot use the OS to it's full functionality without the need to purchase further parts. You claim that this is part of a bundle but without the extra partsthen this bundle is severely lacking any function. The system is supposed to be a media centre notebook but to actually get the media centre part to work I will have to spend extra money on a remote control, TV card, cables etc. This therefore tells me that the OS is not integral to the system. If it is then there are items missing from my bundle that I would like you to forward to me at no extra cost.
With regards to your other point in the operating system is bundled with the computer I would disagree. There has been numerous occassions where the bundled operating system was not required and, after a long fight, the end user has successfully negotiated a return of funds for the unwanted system. You claim that the operating system is bundled with the computer but you do not offer a computer that is operating system free therefore you limit customers options. The same also applies to other notebook manufacturers in that they too bundle Windows with notebooks and do not offer alternative operating systems therefore they limit customers options. It also seems your comment can be interpreted in two ways:
No.1 is not true. If it was then there would be no reason for an EULA from Microsoft. Since you do not provide an EULA for me to examine before the computer purchase you are automatically expecting people to agree with Microsofts restrictions of use.
2. Because there is actually a lack of Windows media disc in the bundle, which would be needed if the hard drive failed, the Windows setup media is located on the hardware itself, therefore it cannot be physically removed from the machine.
No.1 is not true. If it was then there would be no reason for an EULA from Microsoft, or at least an option as to whether you accept it or not. If I choose no to the EULA where would that leave me? You do not provide the EULA for viewing when I purchase the product so I would be left with a dead system, or a dead Windows license that cost me money.
No.2 is also not true. If it is, please tell me how, without a Windows media disc, I reinstall Windows. Please, consider my installation of Linux just a weird assimilation of the hard disc failing, where I would physically need to reinstall Windows. Please tell me how I do it without a media disc? Please remember that without an OS on the hard drive I also have no internet connection so I cannot download any files. Not until Windows is put on, that is?
Finally, I would like to point out something that is in the EULA for Windows. This is extremely important because you are clearly stating that the operating system comes bundled with the computer. In the EULA for Windows it clearly states that when you purchase a copy of Windows you are not in fact purchasing Windows but purchasing a license TO USE Windows under certain restrictions/conditions. It is this license that I am rejecting and the EULA clearly states that if I do not agree to the EULA I am entitled to a refund. I have emailed Microsoft and asked them to send me a copy of the EULA so I can clarify that. Let me make this clear that by purchasing this computer I have also purchased this license for Windows, the license is unwanted and I want a refund for it as the EULA says. I know I am entitled to it, as has been proven recently by Dell refunding a Linux user for the unwanted Windows user that came 'bundled' with the notebook he purchased from Dell, where he was essentially forced to buy the notebook WITH Windows because no system was available WITHOUT Windows. I paid you for the license, as part of the cost of the computer, so I am asking you for a refund for part of the computer that should not be a part of it but an option.
The fight starts.