By INQUIRER staff: domingo 12 diciembre 2004, 13:10
A FRENCH GINGER group is forecasting further legal action against
Microsoft and system manufacturers in France for bundling Windows
software with built machines and failing to give adequate recompense
if people don't accept the user end licence agreement.
According to the Groupe detaxe de l'AFUL, selling Windows OS with
hardware violates a minimum of three laws intended to provide consumer
And while consumer associations in France have preferred to negotiate
with the PC industry rather than take firms to court, that is changing
in a big way.
Lawsuits are currently underway in France, said Francois Cartegnie of
He said: "We currently have lawsuits against retailers and builders.
One of our members had been forced to give back his computer for not
using Microsoft Software. The judge, in this special fast procedure,
decided to cancel sale when seeing all the infringements".
He said longer law cases are expected to start in France on December
26th with Fujitsu Siemens being involved, and on February 6th, 2005.
Cartegnie said that as a result of AFUL's actions, builders are now
changing their licence conditions to remove all rights to refund
software. He claimed that Acer and Dell, for example, are saying that
while they'll refund the money for Windows Home at €30 and Pro at €60,
the refunds will only be undertaken at the expense of the consumer
returning the complete hardware.
What this means, claimed Cartegnie, was that end users are either
being forced to accept all the software licences that come bundled
with machines, or return the PC for a limited refunds.
Acer, Dell, IBM and Fujitsu Siemens are adopting these policies, he