Ubuntu on Dell PCs and XP License Refunds
Now that Dell is shipping Ubuntu loaded machines in the US, there has been some discussion on the Australian Ubuntu LoCo list about when Dell will be shipping them in Australia. The consensus seems to be, not any time soon. I tend to agree, there are many other larger markets Dell is likely to target if Linux/Ubuntu on Dells takes off.
Tom Schinckel mentioned that he is waiting for Dell to offer Window license refunds. I have already obtained one.
About 2 years ago I bought my Dell Latitude D810, which came preloaded with XP Pro. During the order process I asked twice if the OEM copy of XP would run under QEMU (after explaining what it was), I was told both times it would. I was pretty suspicious. After receiving the machine I set it all up, including loading ubuntu on it - I can’t remember if I used Hoary or a Breezy Colony. Then I installed QEMU and tried installing XP from the OEM media. So far so good, until it came time to supply the license key. I kept on being told it was invalid and to contact Microsoft. I checked on #qemu on freenode and was told that the Dell OEM version of XP is BIOS locked to Dell kit. No problem, I called Microsoft who (after a 20min hold) referred me to Dell. Another long hold and I was told no go. I started asking for a refund and was transferred to various places. After a while I mentioned that Australian consumer law applied and the product was not functioning as advertised, so I wanted a refund on the faulty part. I was eventually offered a full refund if I returned the whole machine. I wasn’t taking that option. Instead offered to contact the media and see if they could be of any assistance, I was then told I would receive a call back in a few days.
About a week later I received a call back from Dell. They made a final offer, I could keep the XP license and they would give me a “goodwill credit” of 150AUD. As I could get XP Pro OEM licenses for about 190AUD, wholesale, I pushed for that. I was told that Dell paid less than 150AUD per XP Pro OEM license, so I could take 150AUD or take nothing. I soon realised that this was the best I was going to get, so I took it. I wasn’t required to return the license key as “Dell has no way of cancelling or reusing a license key”.
For a bit over 1 hour of effort on the phone, I ended up with an XP Pro OEM license which could be used for dual booting (if I ever wanted to), and 150AUD refunded to my credit card. I am sure Dell doesn’t think this sets a precedent, but the NSW Office of Fair Trading might beg to differ. As Dell Australia is based in NSW, NSW consumer law applies to all transactions.
Disclaimer: I am not a lawyer, this is not a legal opinion. I am not responsible if Dell (or anyone else) declines your request for a refund/credit based on your use of the information contained in this post. blah blah, you can’t sue me :)