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Lenovo Requires NDA For Windows License Refund

Posted by timothy on Thu Aug 28, 2008 01:36 PM
from the deserves-a-raise dept.
tykev writes "A customer wanted to return the license for preinstalled Windows Vista Business that came with his Lenovo laptop. After some lengthy negotiations with representatives of Lenovo's technical support and management, he was offered financial compensation for returning the license in the amount of CZK 1950 (USD 130, EUR 78), pending his acceptance of a non-disclosure agreement that would cover the entire negotiations with the company and its results. He declined and published his experiences on a Czech Linux website. The website editors decided to reward the customer for publishing the article by paying him an author's royalty in the same amount as was the offered compensation for returning the license."
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[+] Hardware: Lenovo Removes Linux Option For Home Buyers 380 comments
billybob2 writes "Lenovo has stopped selling laptops pre-installed with Linux on its web site, only 8 months after starting the trial program. This means that home customers won't be able to buy a Thinkpad without paying the Microsoft tax. Word has it that the decision to pull the plug on Linux came down from the highest levels of the Chinese company's corporate headquarters. For those looking to buy full-sized laptops and desktops with Linux pre-loaded Dell, System76, ZaReason and Everex all still offer such products."
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  • by Anonymous Coward on Thursday August 28 2008, @01:38PM (#24782857)
    Vista is pants
    • by Anonymous Coward on Thursday August 28 2008, @01:42PM (#24782913)

      no it's not

      • by Millennium (2451) on Thursday August 28 2008, @01:54PM (#24783091) Homepage

        Linux is better

        (This post is a violation of your bank's terms of service. Please choose another post instead.)

        • http://news.bbc.co.uk/2/hi/uk_news/england/shropshire/7585098.stm [bbc.co.uk]

          "A man who chose "Lloyds is pants" as his telephone banking password said he found it had been changed by a member of staff to "no it's not"."

          ""But what really incensed me was when I was told I could not change it back to 'Lloyds is pants' because they said it was not appropriate.

          "I asked if it was 'pants' they didn't like, and would 'Lloyds is rubbish' do? But they didn't think so.

          "So I tried 'Barclays is better' and that didn't go down too well either.

          "The rules seemed to change, and they told me it had to be one word, so I tried 'censorship', but they didn't like that, and then said it had to be no more than six letters long." "

          ----

          So, this is my position/question:

          Why the HELL was a low-level functionary employee able to "see" the true password of a customer? The frackin password should have been a reduced or hashed form so that even if an IT person can copy and paste it in a local system, they could not know the contents and be able to type it in at a point of sales station or an ATM, or on any sites that reject copy-paste-in passwords...

      • Wrong. (Score:5, Insightful)

        by Anachragnome (1008495) on Thursday August 28 2008, @08:21PM (#24788453)

        No. They offered him what he asked for, with conditions. He did not ask for those conditions.

        Sounds like they were rather distasteful to him. As they should be. The loss of ones freedom of speech should NEVER be a condition to anything.

        NDAs are counterproductive. Learn how to discern people that you can trust and you shouldn't have to rely on them.

        I for one, will NEVER sign one, regardless of context. I view them as unconstitutional. Simple as that.

  • by HetMes (1074585) on Thursday August 28 2008, @01:39PM (#24782869)
    ...which didn't even seem that implausible at the time.
    • by Enki X (1315689) on Thursday August 28 2008, @02:50PM (#24783847)
      National Dyslexics Association?
    • by Anonymous Coward on Thursday August 28 2008, @03:47PM (#24784763)

      Man buys a laptop from Leno.

      Laptop comes with Windows Viagra.

      Man insists he doesn't need Viagra, insists on money back.

      Chinese authorities confused as to how a man can perform without it, ask for a copy of his DNA.

      The Chinese insist that the man keep quiet:
      Bootleg copy of Windows (the screen of death is red).
      Laptop also contains birth records of the Chinese gymnastic team.
      (OK, I admit, I made this part up, but it makes the story better.)

      Man publishes his story on web.

      Profit!

  • by MosesJones (55544) on Thursday August 28 2008, @01:40PM (#24782887) Homepage

    So now we know the minimum we should accept. Time to start negotiating upwards to see what other numbers can be achieved.

    That is probably the most effective way to start companies shipping hardware only or Linux pre-installed as the negotiation process will cost money. If 1,000 people went through this process with Lenovo (or Dell, or HP, etc) then we would probably see more progress than 5 years of bitching has managed to achieve.

    Kudos to the guy

  • by Timesprout (579035) on Thursday August 28 2008, @01:42PM (#24782921)
    I especially liked this bit

    Sleny operátorky na lince Lenovo byly velice milé. Po vyslechnutí mého poadavku m chtly odmítnout, ale poté, co jsem odcitoval píslunou ást licence, si vyádaly pár dní na zjitní aktuálního stavu od vedení firmy. Tím jsem se viditeln dostal o úrove vý, nebo nyní následovalo kolo telefonních rozhovor.

    I dont know what it means but I like it. I think.
    • by gardyloo (512791) on Thursday August 28 2008, @01:44PM (#24782947)

      That was my favorite part, too. It started off kind of slowly, but the ending was great. Maybe Stephenson could learn to write in Czech.

    • by Tony Hoyle (11698) <tmh@nodomain.org> on Thursday August 28 2008, @01:46PM (#24782987) Homepage

      Hmm.. "Sleny operators on the line Lenovo was very beautiful. After hearing my requirement m chtly refused, but after I odcitoval píslunou part of the licence, the vyádaly few days to zjitní current state of company management. Thus I got the viditeln level amount, or now, followed by round of telephone interview."

      Still don't know what it means, but I agree with you.

      • by Anonymous Coward on Thursday August 28 2008, @02:11PM (#24783331)

        "The operator girls on the Lenovo phone line were very nice. After hearing my request they wanted to reject, but after I cited them the respective part of the licence, they asked for few days to find out the current state from the company management. Obviously I got with that one level higher, as next round of phone talks started"

  • by coats (1068) on Thursday August 28 2008, @01:48PM (#24783007) Homepage
    The EULA doesn't specify that an NDA is required for a refund, so Lenovo is trying to change the rules of the game in a way contrary to (US-style, anyway) contract law. Lenovo's action is unconscionable (and should be actionable, for that matter).

    There go Lenovo's chances on my next laptop purchase.

      • by Hatta (162192) on Thursday August 28 2008, @02:24PM (#24783477) Journal

        Why the hell is a NDA agreement required anyway? This is for a refund on a specific part of the total price. The price of Vista. Requiring a NDA for this is stupid unless you're trying to give as little away as possible - but wouldn't/shouldn't that be illegal? :P The cost of Windows on it is not subjective, it's concrete.

        I think you'll find the price of vista varies quite a bit depending on who you are. A large OEM like lenovo is going to pay less than the average joe buying a box off the shelf. If you're, say, a public school system who's put some thought into switching to linux, you'll probably pay even less.

  • Stupid Lenovo... (Score:5, Insightful)

    by bennomatic (691188) on Thursday August 28 2008, @01:49PM (#24783023) Homepage
    ...Everyone knows you make them sign the agreement *before* making an offer!
  • The real question: (Score:4, Insightful)

    by fuzzyfuzzyfungus (1223518) on Thursday August 28 2008, @01:55PM (#24783105) Journal
    Where does the desire for the NDA come from and why?

    Is it Lenovo? If so, is it some sort of routine ass-covering procedure that doesn't make all that much sense? Or is it something that applies to all "there is a not too well known way to get some money from us, we'll do it; but don't popularize it" situations?

    Is it Microsoft? They have been historically tight lipped about their OEM agreements and prices, are they attempting to discourage indirect indicators like this one?
  • by krgallagher (743575) on Thursday August 28 2008, @01:56PM (#24783117) Homepage
    [disclaimer]I love the Czech. I have family there and have been to the Czech Republic a couple of time.[/disclaimer]

    I wonder why on a Czech web portal, that one news article was in English. I did a little looking around trying to see if I could find any other pages in English but that was the only one. It was also the only one that had a /. submit script on it. Even the Czech version [abclinuxu.cz] of the story did not have the script.

  • Big deal (Score:5, Insightful)

    by Bogtha (906264) on Thursday August 28 2008, @02:02PM (#24783201)

    The website editors decided to reward the customer for publishing the article by paying him an author's royalty in the same amount as was the offered compensation for returning the license.

    Meanwhile, Microsoft still got paid for a product that was completely unwanted and unused. This is a great example of the Microsoft Tax in action. Even when their new operating system is a disaster and people refuse to use it, they still get paid, purely on the basis of their market position. This is the kind of reason why Microsoft should be subject to antitrust laws. Normal market forces just don't apply to them.

    • Re:Big deal (Score:5, Insightful)

      by TeXMaster (593524) on Thursday August 28 2008, @02:20PM (#24783417)
      And this is the reason why we have to keep forcing OEMs to refund: if they have to keep paying twice (Microsoft *and* the customer) they'll be pushed into understanding that giving the choice to the customer to only pay for hardware is the best solution in the long run.
    • Re:Big deal (Score:4, Interesting)

      by Shadow of Eternity (795165) on Thursday August 28 2008, @02:22PM (#24783447)

      And then what? Microsoft just can't be stopped short of using actual force, military, police, or otherwise. They have too much money to give a damn about any fine short of forcing them to pay off the national debt and they're too big for the govt to just say "Nope, you can't see shit anymore".

      The only real way to get at them I think would be to offer the equivalent of modern day letters of marque against microsoft and tell everyone "Pirate their shit".

  • Czech? (Score:5, Funny)

    by Sporkinum (655143) on Thursday August 28 2008, @02:29PM (#24783539)

    The website editors decided to reward the customer for publishing the article by paying him an author's royalty in the same amount as was the offered compensation for returning the license."

    Lenovo tried to cancel the Czech. Did the editors pay the Czech with a check? I guess I should TRFM and Czech it out.

  • by PsyQ (87838) on Thursday August 28 2008, @02:59PM (#24783969) Homepage

    To my company, the best Lenovo could manage was a "If you bulk purchase 100 laptops of the same type we can negotiate downgrading them to Vista Home, but we will not refund the license.", after about a dozen e-mails.

    Dell, on the other hand, refunds licenses after just two minutes on the phone.

    Disclaimer: I've been trying to purchase brand-name laptops without an operating system for more than eight years now. Recently I've signed up as reseller for several big laptop manufacturers, who will remain anonymous. It's still impossible to get even a single one of them to accept the EULA and refund licenses to my customers. Also, the EULA says that my company would have to refund my customer, but none of the manufacturers so far gave me a way to get my money back from them. So if you're wondering why every store tells you that refunds don't exist, this might be it.

    If you want to sell brand-name stuff without OS, the only choice you have is to contact another reseller who is a key account with the big guys. These resellers can sometimes get you built-to-order machines. Those, on the other hand, are often more expensive than a similar stock machine WITH Vista Pro, so if you think your customers are saving any money there, think again. All you get is the added inconvenience of waiting for the BTO.

    If the manufacturers would at least honor the EULA, I could buy those machines with Windows and return the licenses myself, passing the savings on the customer. Since they don't, I can't even do that.

    • by Drakin020 (980931) on Thursday August 28 2008, @02:25PM (#24783483)

      Man wants his money back for a license he did not want from a PC purchase.

      Microsoft says: "Sure but you keep your fscking mouth shut when we do this"

      Guy said "Eat a box of shnausages"

      Guy publishes an article about his experience, gets the money anyway but not from Microsoft. /I think?