ela_lawyer 5 | 64
28 Dec 2008 / #1
Several clients of mine filed complaints against stores in Poland selling computers to them. We were successful in court and all have won their cases against the defendants.
Here was the issue in each case:
Consumer goes to a store to purchase a computer (PC). The PC could be purchased with Windows XP, Windows Vista, Linux, or without any Operating System (OS) at all. Let's assume, the price of Windows XP OEM copy by itself costs 300 zloty, any Linux Operating System is Free of Charge, and the PC with Windows XP plus a LCD monitor costs 1,700 zloty. Well, in all cases, the consumer first questioned the sales person in each store, "How much does that PC with Windows XP and monitor cost? The salesperson answered, "That will be !,700 zloty with VAT included." Then, the consumer questioned, "How much will the same PC without Windows XP (perhaps with Linux, which is Free) cost?", rightfully thinking the price should be lower. The salesperson answered, "That will be the same price...1,700 zloty with VAT included." In this case, the price should have been the 1,700 less the 300 or so zloty (value of Windows XP). The consumer argued this to management, and the reply was, "Don't worry about it, we'll give you Windows XP for free anyway. That's our policy, there is no price differential." In other words, these computer stores are selling computers with 'illegal copies' of Windows XP to their customers, when in fact, they should be selling the computer with 'legal' copies of Windows XP as an added cost to the purchase price. In all cases, the court forced the stores to sell my clients the computer at a price less the value of Windows XP. The prices for a 'computer without any Windows XP Operating System" should be priced separately from "Windows XP", with the latter being an added cost. Buyers in Poland beware. Don't let some computer store salesmen sell you a computer for more than it's worth. They tend to pocket the value of MS Windows as an extra commission.
I recommend, when buying a computer in Poland:
1) Ask the store salesman how much Windows XP / Vista costs by itself
2) Then ask how much a computer with Windows XP / Vista will cost.
3) Finally, ask how much the same computer will cost without any operating system, since you wish to Install Linux on it.
You will be surprised at some of the answers you receive. Good luck.
By law, a store selling a computer with MS Windows on it must pay a fee for each copy sold, and should be passed on to the consumer when included on a PC. OEM (manufacture's copy) usually sell for less than the retail version, nevertheless, they both still have a cost.
==>"
OEM software, or original equipment manufacturer software, is software sold by the creator to another company for resale. For instance, Microsoft sells OEM copies of Windows Vista to computer manufacturers who install the software on new computers. Computer manufacturers (e.g., Dell, Sony, HP, etc) generally purchase OEM copies of Windows Vista in large quantities, so each OEM copy of Vista sells for less than a retail copy.
Although OEM copies of Windows XP / Vista are intended for system builders to install on new PCs, it is legal for anyone to purchase and use the discounted software. However, purchasing and using an OEM copy of Windows Vista carries additional risks, limitations, and requirements when compared to the full-price retail copies:
* Risk of pirated or counterfeit copies
* Lack of retail packaging and user manual
* You open it - you support it
* Install only once - no transfers allowed
"<==
What really is shocking in Poland is the usage of lllegal copies of Microsoft Windows Operating Systems at the home user, private business, and even government level. Software usage and theft in Poland is rampant, and more police control should be implemented. Retail computer stores also add to this problem, as you have seen. Buyer beware.
Personally, I prefer and use only Linux on my PC, as well as only Open Source Software. It's all free as in 'air', and 100% lega! :-)
The poorest excuse I hear from friends who use illegal Operating Systems and software is: "Hey, everyone does it, so why not me?"
Elzbieta
Here was the issue in each case:
Consumer goes to a store to purchase a computer (PC). The PC could be purchased with Windows XP, Windows Vista, Linux, or without any Operating System (OS) at all. Let's assume, the price of Windows XP OEM copy by itself costs 300 zloty, any Linux Operating System is Free of Charge, and the PC with Windows XP plus a LCD monitor costs 1,700 zloty. Well, in all cases, the consumer first questioned the sales person in each store, "How much does that PC with Windows XP and monitor cost? The salesperson answered, "That will be !,700 zloty with VAT included." Then, the consumer questioned, "How much will the same PC without Windows XP (perhaps with Linux, which is Free) cost?", rightfully thinking the price should be lower. The salesperson answered, "That will be the same price...1,700 zloty with VAT included." In this case, the price should have been the 1,700 less the 300 or so zloty (value of Windows XP). The consumer argued this to management, and the reply was, "Don't worry about it, we'll give you Windows XP for free anyway. That's our policy, there is no price differential." In other words, these computer stores are selling computers with 'illegal copies' of Windows XP to their customers, when in fact, they should be selling the computer with 'legal' copies of Windows XP as an added cost to the purchase price. In all cases, the court forced the stores to sell my clients the computer at a price less the value of Windows XP. The prices for a 'computer without any Windows XP Operating System" should be priced separately from "Windows XP", with the latter being an added cost. Buyers in Poland beware. Don't let some computer store salesmen sell you a computer for more than it's worth. They tend to pocket the value of MS Windows as an extra commission.
I recommend, when buying a computer in Poland:
1) Ask the store salesman how much Windows XP / Vista costs by itself
2) Then ask how much a computer with Windows XP / Vista will cost.
3) Finally, ask how much the same computer will cost without any operating system, since you wish to Install Linux on it.
You will be surprised at some of the answers you receive. Good luck.
By law, a store selling a computer with MS Windows on it must pay a fee for each copy sold, and should be passed on to the consumer when included on a PC. OEM (manufacture's copy) usually sell for less than the retail version, nevertheless, they both still have a cost.
==>"
OEM software, or original equipment manufacturer software, is software sold by the creator to another company for resale. For instance, Microsoft sells OEM copies of Windows Vista to computer manufacturers who install the software on new computers. Computer manufacturers (e.g., Dell, Sony, HP, etc) generally purchase OEM copies of Windows Vista in large quantities, so each OEM copy of Vista sells for less than a retail copy.
Although OEM copies of Windows XP / Vista are intended for system builders to install on new PCs, it is legal for anyone to purchase and use the discounted software. However, purchasing and using an OEM copy of Windows Vista carries additional risks, limitations, and requirements when compared to the full-price retail copies:
* Risk of pirated or counterfeit copies
* Lack of retail packaging and user manual
* You open it - you support it
* Install only once - no transfers allowed
"<==
What really is shocking in Poland is the usage of lllegal copies of Microsoft Windows Operating Systems at the home user, private business, and even government level. Software usage and theft in Poland is rampant, and more police control should be implemented. Retail computer stores also add to this problem, as you have seen. Buyer beware.
Personally, I prefer and use only Linux on my PC, as well as only Open Source Software. It's all free as in 'air', and 100% lega! :-)
The poorest excuse I hear from friends who use illegal Operating Systems and software is: "Hey, everyone does it, so why not me?"
Elzbieta