Legal - With three wins from individuals, in April, Aful, UFC-Que Choisir and CLCV encourage buyers of PC manufacturers to claim reimbursement for Windows. They promote a guide giving way forward, based on contract law.
The French justice multiplies decisions on behalf of individuals who attack their PC manufacturer for a refund of the OS preinstalled, namely Windows. Fortified by these verdicts, the Aful and April (*) that promote free software, as well as associations for the protection of consumers UFC-Que Choisir and CLCV (**), have issued a joint statement to encourage a greater number of individuals also attacking their manufacturer.
To support this action, a guide reimbursement is made available, on the site of the Aful, to explain how to seize the judge proximity. He describes the legal basis to operate, namely the law of contract. Indeed, in all trials won, individuals are based on the EULA (contract end user license) associated with Windows, whose words are clear: "By using the software, you accept these terms. If you do not agree, do not use the software. Contact the manufacturer or installer to find out how to return the goods to be reimbursed. "
Three trials won since 2006
The proper approach is to deny this EULA, usually a click when you first start up the computer. Then you have to send a request for reimbursement to the manufacturer. In most cases, it will attempt to discourage the client by advancing arguments such as "Your computer will not operate fully with the operating system provided," or "If you are using another program that provided, you lose your coverage. "
Now is the time to act, according to the authors of the guide. First, with a conciliation procedure with the manufacturer. If it fails, which is very likely, it will take a judge from nearby. The procedure is free, but normally the loser must pay the costs advanced by the other party.
"At first we tâtions the ground, but the procedure is now complete," with Alain ZDNet.fr Coulais, one of the collective GdT Tax, sponsored by the Aful and April. He hosts mailing list Tax founded in 1999 and devoted to this issue, which brings together more than 300 contributors. The reimbursement guide was written by a small team of petition "Non aux racketiciels", signed by more than 27000 people. "These are not actions against Microsoft: we demand freedom of choice for consumers
The French justice multiplies decisions on behalf of individuals who attack their PC manufacturer for a refund of the OS preinstalled, namely Windows. Fortified by these verdicts, the Aful and April (*) that promote free software, as well as associations for the protection of consumers UFC-Que Choisir and CLCV (**), have issued a joint statement to encourage a greater number of individuals also attacking their manufacturer.
To support this action, a guide reimbursement is made available, on the site of the Aful, to explain how to seize the judge proximity. He describes the legal basis to operate, namely the law of contract. Indeed, in all trials won, individuals are based on the EULA (contract end user license) associated with Windows, whose words are clear: "By using the software, you accept these terms. If you do not agree, do not use the software. Contact the manufacturer or installer to find out how to return the goods to be reimbursed. "
Three trials won since 2006
The proper approach is to deny this EULA, usually a click when you first start up the computer. Then you have to send a request for reimbursement to the manufacturer. In most cases, it will attempt to discourage the client by advancing arguments such as "Your computer will not operate fully with the operating system provided," or "If you are using another program that provided, you lose your coverage. "
Now is the time to act, according to the authors of the guide. First, with a conciliation procedure with the manufacturer. If it fails, which is very likely, it will take a judge from nearby. The procedure is free, but normally the loser must pay the costs advanced by the other party.
"At first we tâtions the ground, but the procedure is now complete," with Alain ZDNet.fr Coulais, one of the collective GdT Tax, sponsored by the Aful and April. He hosts mailing list Tax founded in 1999 and devoted to this issue, which brings together more than 300 contributors. The reimbursement guide was written by a small team of petition "Non aux racketiciels", signed by more than 27000 people. "These are not actions against Microsoft: we demand freedom of choice for consumers
posted by news of france at
3:53 PM
0 Comments:
Post a Comment
Subscribe to Post Comments [Atom]
<< Home