$oftwarepu$hers

To :

European Commission
1049 Brussels/Brussel
BELGIQUE/BELGIË

To :

Directorate-General Competition
Rue Joseph II/Jozef II straat 70
1000 Brussels/Brussel
BELGIQUE/BELGIË

To :

Commissioner Kroes
Rue de la Loi/Wetstraat 200
1049 Brussels/Brussel
BELGIQUE/BELGIË

Dear Sir or Madam,

REF: Unclear refunds of OEM Licenses in Europe

Legally one could assume that a customer chooses what he/she wants to buy. However it is still impossible today to buy a laptop / computer without a Microsoft license or to have a refund of said Microsoft software, if you do not agree to the Microsoft Licensing policies in which is clearly stated :

“By using the software, you accept these terms. If you do not accept them, do not

use the software. Instead, contact the manufacturer or installer to determine their

return policy for a refund or credit.”

However this clearly stated OEM License Policy cannot be executed by said customer.

For a fact, you can only see the license when you are using the software, in most cases the license is not included on paper with the software and in most cases not even in the language of the said customer.

For a fact the manufacturer or installer refuse to refund or even refer to Microsoft to obtain a refund, which clearly is in violation of the said OEM License Policy. We’d like to urge the European Commission to take action and to make it possible to apply the License Policy of Microsoft and the law in favor of the consumer.

We have studied the Licenses of the majority of Microsoft Operating Systems and have discovered that they all apply.

Regards,

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