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Lenovo Requires NDA For Windows License Refund 321

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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Lenovo Requires NDA For Windows License Refund

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  • by coats ( 1068 ) on Thursday August 28, 2008 @02:48PM (#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.

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

    by bennomatic ( 691188 ) on Thursday August 28, 2008 @02:49PM (#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 @02:55PM (#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 Anonymous Coward on Thursday August 28, 2008 @03:00PM (#24783175)

    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.

    If it were me, and they attempted to hit me with a NDA prior to the process, I'd take them to court. Any NDA they have with microsoft is between them and microsoft. I should not be forced to accept it just to receive the LEGALLY ENTITLED REFUND I'm due. If microsoft is engaging in some sort of shady pricing schemes between it's various suppliers, that's THEIR problem, not mine.

  • Big deal (Score:5, Insightful)

    by Bogtha ( 906264 ) on Thursday August 28, 2008 @03:02PM (#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.

  • by maxume ( 22995 ) on Thursday August 28, 2008 @03:02PM (#24783209)

    My point is that the $130 is almost certainly the maximum for the fixed price, not the minimum.

    It isn't even all that likely that they will make a similarly sized offer under an NDA, as that ship has sailed.

  • by Jason Earl ( 1894 ) on Thursday August 28, 2008 @03:04PM (#24783221) Homepage Journal

    The reason for an NDA is actually fairly obvious. Lenovo's probably eating the cost of the license in this case, and the last thing that it wants is for Czechoslovakians to realize that they can get 78 Euro off of the price of a laptop simply by asking.

  • by Mr. Underbridge ( 666784 ) on Thursday August 28, 2008 @03:11PM (#24783329)

    4. Configure the Vista product with the ultimate version. That is roughly feature equivalent to Ubuntu.

    The point isn't to determine how much Windows Ultimate costs ($349 is probably about right), nor is it to perform a feature comparison of Windows vs. Ubuntu. The point is to determine how much the lowest 'Windows tax' is. From what we've seen, standard Windows should get you back about $130. That seems a bit high, as the OEM costs for Windows that I've heard are quite a bit lower. I wonder why they'd offer that high.

  • by truthsearch ( 249536 ) on Thursday August 28, 2008 @03:13PM (#24783347) Homepage Journal

    Really? I think most people would want their $130 USD back if they knew they qualified for it. It's not a lot of money, but it's not a trifle, either.

  • Re:Big deal (Score:5, Insightful)

    by TeXMaster ( 593524 ) on Thursday August 28, 2008 @03:20PM (#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.
  • by SQLGuru ( 980662 ) on Thursday August 28, 2008 @03:24PM (#24783459) Homepage Journal

    going straight to MS

    Which, incidentally, he should still be able to do, since he has not given up his license at this time. $260 is a lot better than $130. :D

    Layne

  • by PopeRatzo ( 965947 ) * on Thursday August 28, 2008 @04:45PM (#24784741) Journal

    Note that every story that has anything critical to say about Vista or is in any way unflattering to it is immediately attacked by rude offtopic comments. And not just one or two, but long threads of them, guaranteed to push any intelligent conversation a dozen screens down. I can't tell if this is done to discourage people from adding their own MS Vista horror stories or just to destroy any Vista discussion at all.

    Either way, it has happened often enough that it looks suspiciously like an astroturf campaign. And it's not only happening at Slashdot. You'll see similar patterns at any of the tech-oriented news aggregators.

  • Re:Traslations... (Score:2, Insightful)

    by Perf ( 14203 ) on Thursday August 28, 2008 @04:51PM (#24784809)

    Someone said translation is like a woman:
    If she is beautiful, she is not faithful.
    If she is faithful, she is not beautiful.

  • Wrong. (Score:5, Insightful)

    by Anachragnome ( 1008495 ) on Thursday August 28, 2008 @09:21PM (#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 sir fer ( 1232128 ) on Thursday August 28, 2008 @10:37PM (#24789171)
    Bank staff sign all kinds of secrecy legislation that applies to the industry and this can land them in jail for many years if they tried doing what you suggest.
  • Re:Wrong. (Score:0, Insightful)

    by Anonymous Coward on Thursday August 28, 2008 @10:56PM (#24789343)
    Although the AC is a Troll, you are a moron. What the hell do NDAs have to do with the constitution? We have many NDAs in place with other companies. They use our tech; we use theirs. How is that counterproductive?
  • Re:Wrong. (Score:3, Insightful)

    by Anachragnome ( 1008495 ) on Thursday August 28, 2008 @11:15PM (#24789497)

    A moron? For thinking that my constitutionally granted freedom of speech can be subverted by a piece of paper?

    I believe it an inalienable RIGHT.

    ANYTHING that subverts that right is counter-productive, as I can no longer function to my fullest capacity.

    At least I have the balls to post my firmly held beliefs using my login.

One man's constant is another man's variable. -- A.J. Perlis

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