Italian class-action suit targets unwanted Windows installs

The Association for the Rights of Users and Consumers (ADUC) in Italy is mounting a class-action lawsuit to obtain compensation for customers who buy PCs with Windows preinstalled, but who prefer not to use the operating system. The Italian consumer group has made the move against Microsoft after a law took effect in the country last week. That law allows consumer associations to file suit for groups of consumers, though it only provides compensation for costs and not punitive damages. According to IDG News Service, ADUC Chairman Vincenzo Donvito says a large number of users are interested (about 2,000, most of them Linux users) in the lawsuit. Participation is free, though voluntary contributions to the legal costs are welcome.

Microsoft does not seem worried about the lawsuit. “Consumers are free to purchase PCs with a non-Microsoft operating system, or without any operating system,” a Microsoft spokesperson told Ars. “However, consumers benefit from the preinstallation of Windows on PCs. It provides the best user experience from the time a consumer first turns on the PC, and saves consumers the substantial effort and resources associated with having to install an operating system that functions properly.”

The company argues that it isn’t its fault that Windows is the popular choice. “Computer manufacturers are free to sell PCs pre-installed with another operating system or no operating system at all,” the spokesperson continued. “It’s also important to note that Microsoft’s agreements with OEMs are nonexclusive. Customers who purchase a PC from an OEM with Windows pre-installed and then wish to return the PC and/or the preinstalled software should consult the OEM’s return/refund policies.”

ADUC has already won a pilot case in a Florence court on reimbursement of the cost of Windows for consumers who had to buy it preinstalled on computers. That victory made it possible for many OEMs to allow a refund, but customers have to send their computers to the manufacturers’ headquarters to get the software removed and only then do they receive compensation of �30-40. The system costs consumers money and they only do it to make a point, Donvito said.

Donvito also noted that Windows costs between �150 and �250, and so he believes the refund number should be higher. OEMs typically pay Microsoft about $50 for each copy of Windows because they buy licenses in bulk.