[Haifux] Successful Windows Vista refund!!

Sorana Fraier sf10095 at gmail.com
Sun Dec 7 19:07:46 MSK 2008


I believe that MIchael Eitan will pick up the glove. If someone can
reach him, it would be great.

On 12/6/08, Dan Shimshoni <danshimsh at gmail.com> wrote:
> Hello,
>
> 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:
>
> http://planet.linux.org.il/)
>
> 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.
>
>
> Regards,
> Dan
>
>
> 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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