[Haifux] Successful Windows Vista refund!!

Dan Shimshoni danshimsh at gmail.com
Sat Dec 6 14:21:12 MSK 2008


First I would like to say big thanks to the following bloggers, who mentioned
zvi dvir and his struggle;
Shachar Shemesh, Oren Maurer, Ori Idan, Doron Ofek.
You are great!
(Did I miss anyone ? Sorry if I missed anyone, these is what I saw in:


Yet I think it is not enough and I wish more bloggers would accept my call
and mention zvi dvir and his struggle in their blogs; mind you, googling
for 'zvi dvir' (in hebrew) gives now less than 450 results ! I wish it
would be thousands!

I wish that there will be some serious initiative to take advantage
of this precedent
and to change the current status of PC/latop computer market
in Israel ; I would wish that some
law will be passed that would enforce ***every*** computer store in Israel
to sale a PC/laptop with no OS on it, and also would enforce every advertisment
of these stores to declare this option clearly. This is election time now.
Maybe an Atzuma should be prepared  ? maybe some parliament members
will be interested in such an initiative ? Can anyone think of
something ?

I think that taking advantage of this precedent in such a way can really
benefit the open source community in Israel.


On Fri, Dec 5, 2008 at 1:21 PM, Shachar Shemesh <sun at hamakor.org.il> wrote:
> Dan Shimshoni wrote:
>> Zvi,
>>  - You are our Open Source hero of the week (or maybe of the year,
>> or maybe decade!).
> Personally, I think the importance of windows refund reach far beyond the
> scope of "using Linux without paying the Microsoft tax". I wrote about it in
> my blog (http://blog.shemesh.biz/?p=568), but the gist of it is this:
> The entire validity of a EULA hangs on the article in it Zvi used - without
> it, there is no informed consent to the EULA and the entire agreement is
> null and void. This means that them resisting the refund is actually a good
> thing. What you need to sue them for is for not letting you move your copy
> of vista to a new computer, and use their refusal to give refunds as the
> proof that you did not accept the agreement, and are therefor not bound by
> it.
> Shachar

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