Year 2005.
Marco Pieraccioli demands the money of the unused winowns license returned to
him. HP disagrees saying that the software and the hardware are inextricably
joined together on the computer they sold to Pieraccioli.
Pieraccioli did not accept the terms of the EULA. He did not click on the
"accept" thing and did not use the microshit software in any way.
The judge reckons that hardware and software are two different and separable
things. The legal contract is between the customer (Pieraccioli) and the
computer producer (HP) and for this reason the judge reckons there is
absolutely no legal obligation between Pieraccioli and Micrositz.
Buying a hardware does not imply that the customer is forced into accepting
the OS preinstalled on it.
I see those articles are cited ->
art.101 Tratt. FUE, già art.81
Tratt.Ist.CE; art. 2 1. 287/90)
european comission -> the customer who buys a computer with the preinstalled
os and does not accept the license terms during the first boot of the
computer has the legal right to keep the computer and return the software
getting the money of the software back.
And yes, all those boring stupid and uselessly long text is saying just this,
but you know the drill of the law - they make it complex and long because
that way they make sure the average Joe will not read it and if he does read
it, he won't understand it..
Here a link -> https://en.wikipedia.org/wiki/Windows_refund
Cheers tonlee
