Lenovo, Linux and Windows refunding

Monday, October 6. 2008, 13:17
Recently there were some News that Lenovo does not like Linux any more. This was supported by comments like this at Lenovoblogs (by a Lenovo engineer):

»Again, what’s the incentive for us to start providing all of this intellectual property for free to the Linux community? You may say it drives support for Linux on ThinkPads and people would buy more ThinkPads as a result. I think that’s a dubious assertion at best.«
(the subject was driver support for switchable graphics on modern thinkpads and brings up some common urban legends about linux and driver support)

Sadly, I experienced one more place where Lenovo seems to shift away from a Linux friendly viewpoint: I tried to return the windows license of my new Thinkpad with a pre-made form by Lenovo itself (I got this from someone else by eMail, not from Lenovo directly). In the net, you can find tons of reports that it was easy for people to get money back for their windows licenses by Lenovo.

Though what I got was this:
»Leider können wir Ihrem Wunsch nach Rückerstattung der Kosten für das auf Ihrem Lenovo Produkt vorinstallierte Microsoft-Betriebssystem nicht entsprechen, da das Betriebssystem aus unserer Sicht einen integralen Bestandteil des jeweiligen Lenovo Produkts darstellt.«
(rough translation: We won't refund your windows-license, because we think it's an integral part of the product)

I find it hard to understand why Lenovo makes this shift. When running around on linux conferences in recent months, the number of thinkpads is hughe. While many other vendors shift to a much more free software friendly behaviour (think of AMD/ATI), Lenovo seems to go the different direction. It's especially strange because Lenovo is probably one of the few vendors that has a notable market share in the linux community.

By the way, I welcome any hints how I should continue with the windows refunding. I'd prefer not to capitulate yet (like I did with my last laptop by Samsung), and I assume the law is clearly on my side.

Update: As some of you asked, here is the form by Lenovo, though you'll probably just get the same reply I got.

Probably interesting, here you can find all EULAs from Microsoft. They are quite clear on the subject and say that you MUST return the windows license to the vendor if you don't agree to the EULA.

In the meantime, I wrote several messages about the issue to various people and instutitions. The FSFE is also working on the subject.

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Read about this:

http://osor.eu/news/cz-lenovo-fails-to-silence-gnu-linux-user-on-windows-refund

and this:

http://www.linux.com/articles/59381

If you don't already know those. Otherwise just stick with it, keep calling them. Make sure you never actually started Windows on that machine or it will be to no avail (you have to be able to at least state that you've never agreed to the EULA). I don't think Lenovo can hold that "integral product part" argument upright since they force you to buy it and don't offer alternatives as of now. If you nag them long enough you should be able to get a refund.

What they do is they get a certain provision from Microsoft for every Windows they shove into the market, so of course they don't WANT to refund you the Windows copy because that would cost them twice basically.

This is innacceptable and should not be the customers problem, keep at it.
#1 Markus on 2008-10-06 13:42
I have the same problem: A Windows Vista License that nobody (not even Lenovo) seems to want. If you have any luck with getting refunds I'd love to know how.

Where is that form you talked about? I'll try my luck, too. We'll make the problem bigger by getting more people onto it.
#2 tante (Link) on 2008-10-06 14:21
I have bought Thinkpad T500 on friday. I've had LOTS of problems installing Gentoo on it (Ethernet NIC was only supported by gentoo-sources-2.6.26-r1).
Nevertheless, I'll want to get the compensation for the wirus tax too. Where can I get the compensation forms you mention in your post?
#3 klon on 2008-10-06 15:23
If they do not take the License back, they break the EULA.
So you can take legal actions if you want.
#4 Anonymous on 2008-10-06 17:22
Interesting post Hanno. I also find that this is an interesting switch in corporate philosophy. Overall, I am disappointed with Lenovo's direction and quality trend. As such, they will not receive my return business. (I own a T41 and a T60 now). IBM had a quality product and my Lenovo laptop just doesn't compare when they are side by side. Quite a shame. This decision with the Linux market and the new philosophy does not help matters, in my opinion. Future products will use non-linux friendly components and other competitors will surely fill the gap here.
#5 Jeremy Olexa (Link) on 2008-10-06 18:08
Because of this:
http://osnews.com/story/20359/MSI_Wind_Doing_Well_Linux_Version_Not_So_Much

Get it, Linux is "Randgruppe".
#6 Anonymous on 2008-10-06 20:13
We (FSFE) have reports from two other people. One with success, another with failure with refund with the same form in Germany. Please sent all information about your refund to germany@fsfeurope.org.

On http://wiki.fsfe.org/Windows-Tax_Refund are some information on refund in general. (Yes, this page needs work.)
#7 Matthias Kirschner (Link) on 2008-10-06 22:09
Same for my with my Dell XPS :-/
But I'm basically too lazy to keep trying
#8 Marc (Link) on 2008-10-07 00:41
I have successfully returned a Vista Home Basic Version to a german retailer (Karstadt). If you are interested in the email exchange, I can send those to you. (I wasnt using a form, which might actually have helped my case: It might hav been dropped on someone unsuspecting in the legal department and it contained enough scary links to http://www.fsfe.org/en/fellows/refund).
#9 Björn Michaelsen on 2008-10-07 14:10
There's also someone from Luxembourg working on this, or rather a similar problem:

http://bfrere.net/VCF (Most of it is in french though, sorry)

He's battling against DELL, but the same rules and laws should apply everywhere.
#10 kwisatz (Link) on 2008-10-08 08:41
On the other side, I just recently bought a Lenovo notebook from ubook.at without Windows.

They offer both a setup with Windows Vista and DOS (i.e. no Windows ;) which is almost a hundred bucks (€) cheaper.
#10.1 kwisatz (Link) on 2008-10-08 08:52
Brent Frere:
"If they want to translate my site in german, they are welcome.
I will also link this site to LiLux.lu. There, we will defenitely need a
german translation, so I would be pleased to collaborate with them
including about a common complain at E.U. level against states that do
not enforce concurrency principles and E.U. directives applicable in
those cases.

I would especially encourage them to fill in a complain as I did:
http://bfrere.net/VCF/Deuxieme%20plainte%20aupres%20des%20autorites%20europeennes.pdf

Yours,"
#10.1.1 kwisatz (Link) on 2008-10-08 09:46

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