No OS as a right

[Matthew Middleton]

I'm no expert in the legal arena, but I don't think small claims is the
answer.  

First, did they claim or promise to make Linux available, or to offer the
model you want with no O/S?  If not, they're not really on the hook.  Think
of it this way: If you were buying a car made by GM, you couldn't really go
after them if you wanted a Honda engine installed instead.  As well, they
are under no obligation to sell you an engine-less car (for equal or less
cost), as that's not an option that they offer.  They're not under any legal
obligations to offer you anything more or less than what they choose to
sell.

Second, it seems like a lot of effort and stress to make a point that could
be made much more easily - vote with your money.  Buy a laptop from a vendor
who WILL ship with Linux.  Even if it's not the distro you want, it's not
likey you'll be paying for the O/S anyway.  Another good strategy is to
write them a letter, informing them of your decision, as well as the fact
that you will be sure to encourage others NOT to buy HP.  Word of mouth
counts for a lot, and if you blog about it, mention it to your social
circle, etc., it might just surprise you how effective it can be.

All the above is just my opinion, so please feel free to take it with a
grain or two of salt :)

________________________________________
From: owner-tlug-lxSQFCZeNF4 at public.gmane.org [mailto:owner-tlug-lxSQFCZeNF4 at public.gmane.org] On Behalf Of I. Khider
Sent: April 20, 2009 8:06 PM
To: tlug-lxSQFCZeNF4 at public.gmane.org
Subject: [TLUG]: No OS as a right

Greetings fellow Linux enthusiasts,

As some of you may know, I am in an ongoing battle with HP (because I like
their product) to have no O/S on my laptop as an option like they do in
Europe, US, Australia, etc.. HP thinks it is fine to make a consumer pay for
the Windows O/S when s/he does not need it. Microsoft stated a rebate for
the O/S is availble for those who do not agree to the Microsoft End User
Licence Agreement. However, only the manufacturer can apply for the rebate,
not the consumer. 

I spoke with the Better Business Bureau and they stated the complaint was
out of their jurisdiction. 
I also spoke with the competition Bureau who stated that no competition
rules are being violated by forcing the consumer to pay for Windows. The
consumer can always install Linux after paying for Windows, so what's the
problem?

HP said they will only change their policy if it will impact their sales. As
it stands, Linux users are too shy to ask for the Windows OS be removed.
Linux users (it seems) in fact like to pay for Windows. 

Perhaps I am on naiive for thinking this, but I do not want to pay for
something I do not need. In this case the Windows O/S. It has been suggested
I buy the laptop and take HP to Small Claims Court and get the OS cost back
that way. Two people from TLUG advocate this course of action--can anyone
else give feedback on this?

Thanks in advance, 

Ib Khider 

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