I know I can build computers myself. But I want to buy a notebook. And I want it already fully built, with a nice in-store warranty. However, I want NO SOFTWARE along with it. Absolutely none. Am I entitled to that?
Should I, as a consumer, be able to walk in a wholesale store, ask for a computer without software, and if the salesclerk does not understand, call for a manager? The reasons I want to deal with wholesale stores are:
* They have insane wholesale prices
* Good warranties, usually
* The convenience of walking in, looking at each available model, seeing them “live”
* Buy machines that would otherwise be hard to find (dell.ca bundles software beyond all recognition, hpshopping.ca is an unusable piece of website junk, and yes, I did email the webmasters, etc)
* You can actually settle issues while in the store, not with some useless hotline
* What you see is what you get, now, without shipping fees and delays
Here is the most I could find with my clunky googling skills about tied selling in http://www.competitionbureau.gc.ca/internet/index.cfm?itemID=1314&lg=e
"tied selling" «ventes liées»
"tied selling" means
(a) any practice whereby a supplier of a product, as a condition of supplying the product (the "tying" product) to a customer, requires that customer to
(i) acquire any other product from the supplier or the supplier's nominee, or
(ii) refrain from using or distributing, in conjunction with the tying product, another product that is not of a brand or manufacture designated by the supplier or the nominee, and
(b) any practice whereby a supplier of a product induces a customer to meet a condition set out in subparagraph (a)(i) or (ii) by offering to supply the tying product to the customer on more favourable terms or conditions if the customer agrees to meet the condition set out in either of those subparagraphs.
Now, I am not really legalese-savy. I seek your help to understand. The current situation here is that you can get you friendly local computer shop (where you build your computers yourself) to not bundle anything with the computer, but you can't (as far as I recall) do that with a big wholesale store such as Futureshop, Staples, Costco, etc.
My question is, are those companies legally correct? For example, if I take the overused “windows refund” argument, looking at the license (http://www.microsoft.com/windowsxp/home/eula.mspx), it says “IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.”
Now, this raises some questions:
* Does that mean I MUST have purchased the computer with the software, exit the store, come back 2 minutes later and say I refuse? Isn't that tied selling, and, after all, illegal?
* I feel this “IF APPLICABLE” end of line must be the mechanism to fsck end users. Am I wrong?
* Does this only apply to products that have such a license, or does the law make it so that it applies to any software, regardless of the license? That is what I assume so far.
If you have read all the way through here already, you might have guessed that I am a libre software advocate, and refuse the thought of being forced into keeping a bunch of software CDs, manuals, licenses with the purchase of a notebook computer. I do not need them. I am not money hungry, but I would really like to find out if there is any hope for Canada not fucking over the consumers with this kind of commercial practices.
I am expecting the store owners to give me crap replies such as “the software is free, it's a gift” or that there is a “reseller agreement” with $name_of_a_company_here that prevents them from selling $name_of_brand without $software. But aren't my consumer rights supposed to surpass just that? I know I am not in the 99% consumer mass, but I should have the right to refuse software to be included right?
And... I expect to get comments such as “stfu, who are you to tell the companies how to run their business?” I can understand that point, but that's most likely why I am asking MeFi: my choices as a consumer are dramatically limited, and I want to know if I can do something about that. It sucks being forced into buying always from the same 2 businesses instead of being able to walk in any store and ask for something I am willing to buy. I'm perfectly willing to demonstrate how I would NOT use the software and format the computer directly in the store with witnesses, but I doubt they would accept.
posted by a007r to law & government (32 comments total)
As far as 'tied selling', well I think the manufacturer can simply say the product wouldn't work (be complete) without software.
This doesn't answer your question, but If I'm not mistaken wasn't Microsoft taken to court on the practice of forcing computer manufacturers to pay for (not necessarily install) a copy of Windows for each machine they produce? And wasn't there some kind of agreement?
posted by Gungho at 7:19 AM on June 26, 2006