[nzlug] Re: M$ is targeting YOU

[Simon Bridge]

On Thu, 2007-03-22 at 17:03 +1200, Nick Rout wrote:
> On Thu, March 22, 2007 3:38 pm, Phillip Hutchings wrote:
> > you should
> > have a case against them if they don't provide a refund. This is
> > probably included under the Consumer Guarantees Act since they would
> > have supplied goods not fit for purpose.
> > I'm not a lawyer though, but
> > I believe that should stand up.
> 
> I am :-)
> 
You are "a lawyer" or you "believe [the argument] should stand up"?

It would be interesting to see informed speculation on the legal
position of someone wanting to claim a refund in NZ of the oem software
in, say, a laptop.

The license seems to say that I can return the product if I do not agree
to the license terms. I don't agree with the license terms.

The licence defines the "product" to be the software and does not
mention the hardware. (WinXP Home in my possession right now)

Therefore I can return the software (erase it from my drive, return all
disks with the shrinkwrap unmolested etc) and expect a refund...

The merchant argues that the hardware is part of the product in the case
of a laptop, and they will refund the entire price if I return the whole
laptop. The software is licensed to be installed only to the machine in
my hands and nowhere else.

(it will be instructive to hear from anyone associated with selling
laptops too)

This discussion is envisaged to be strictly hypothetical speculation and
is understood *not* to constitute legal advise in any way :)