Re: [Haifux] Windows-Free laptops in Haifa

2009-02-09 Thread Shachar Shemesh
Zvi Devir wrote:
 However, I won't start the process with 
 you unless you really want to go all the way (up to district court if 
 required).
   
It is not at all trivial that, should the small claims court fail, the 
district court is an option. If memory serves me correctly, you are not 
automatically allowed to appeal small claims court decisions. You can 
ask for permission to appeal, but there is nothing forcing the judge to 
agree. If you don't like it, you need to press the claim in the regular 
(Shalom) court.

Shachar
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Re: [Haifux] Windows-Free laptops in Haifa

2009-02-09 Thread Zvi Devir
Quoting Shachar Shemesh:

 Zvi Devir wrote:
  However, I won't start the process with 
  you unless you really want to go all the way (up to district court if 
  required).

 It is not at all trivial that, should the small claims court fail, the 
 district court is an option. If memory serves me correctly, you are not 
 automatically allowed to appeal small claims court decisions. You can 
 ask for permission to appeal, but there is nothing forcing the judge to 
 agree. If you don't like it, you need to press the claim in the regular 
 (Shalom) court.
 
 Shachar

That's right, appealing small claims court decisions is not an automatic
process. However, district court decision can set a precedent, while small
claims or regular courts do not. Also, some arguments are more easily accepted
in district court and not in regular or small claim courts.
Let just say that I have allocated some funds and got some legal advise just in
case I will loose at small claims court and have to take the case one step
further. Luckily or unfortunately, depending on your point of view, Dell
decided to sign a reconciliation agreement with me, so no precedent was set.

Zvi.
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Re: [Haifux] Windows-Free laptops in Haifa

2009-02-08 Thread Tzafrir Cohen
On Sun, Feb 08, 2009 at 09:52:47AM +0200, Dan Shimshoni wrote:
 Hi everybody,
 
 Reminder:
 On 3.12.08, we heard about Zvi Devir and his Successful Windows Vista
 refund - see:
 http://www.mail-archive.com/haifux@haifux.org/msg03372.html
 
 And later, there was a lecture in Haifux by Zvi Devir about it:
 see:  http://www.mail-archive.com/haifux@haifux.org/msg03451.html
 
 And now what ?
 
 I went last week to two stores in Haifa area, of very large and
 country-wide computer network stores;
 I do not want to mention names here.
 
 I asked about some models of laptops (Lenovo and others) ; they told
 me that they are not
 selling these models of laptops without Windows Vista, and that it is
 everywhere thus.
 When I told  them about Zvi Devir and his case, they laughed. It did not
 interest them, and they said that they are not going to change anything
 in this policy.

Cheaper Dell models in Israel seem to be distributed with FreeDOS as an
OS.

Some Acer laptops are distributed with some Linux distribution (Linpus.
Yeah, a distro iwth such a name really exists).

Not sure about others. Best of luck if you go for a more expensive
model.

-- 
Tzafrir Cohen | tzaf...@jabber.org | VIM is
http://tzafrir.org.il || a Mutt's
tzaf...@cohens.org.il ||  best
ICQ# 16849754 || friend
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Re: [Haifux] Windows-Free laptops in Haifa

2009-02-08 Thread Eli Billauer
Dan Shimshoni wrote:

 The struggle must go on!

   
Sincerely, I don't know what for. The situation is not going to change 
because a very small group of people starts to bother computer stores 
with an unusual request. Asking to check the laptop for Linux 
compatibility with a Live CD makes sense, but with all respect, I find 
this struggle pointless. Unless you enjoy it, of course.

My bet is that Linux will become mainstream because non-computer 
oriented companies with more than 10 computers will discover the 
advantage of maintaining the computers with Linux on them. And once 
ordinary people start to get used to it, the barrier is away.

This is slowly happening, unless you've noticed that. And that will go 
on, unless the major Linux distros will be so happy about copying 
Windows' bells and whistles, that they'll adopt their flaws as well. 
Which is happening too.

   Eli

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Re: [Haifux] Windows-Free laptops in Haifa

2009-02-08 Thread Sorana Fraier
Eli, why pay for an OS when you don't use it. Everyone has the right to
choose whatever OS he wants, be it windows XP, linux, windows server 2003 or
even for the sake of the argument buy a new laptop to use it for parts.

I will elaborate further, even the seller can earn more from this. Lets say
he sells separately laptop and OS separately. He can earn more from selling
the OS separately according to the customer choice. This is a win-win
situation.

Sorana

On Sun, Feb 8, 2009 at 11:33 AM, Eli Billauer e...@billauer.co.il wrote:

 Dan Shimshoni wrote:

  The struggle must go on!
 
 
 Sincerely, I don't know what for. The situation is not going to change
 because a very small group of people starts to bother computer stores
 with an unusual request. Asking to check the laptop for Linux
 compatibility with a Live CD makes sense, but with all respect, I find
 this struggle pointless. Unless you enjoy it, of course.

 My bet is that Linux will become mainstream because non-computer
 oriented companies with more than 10 computers will discover the
 advantage of maintaining the computers with Linux on them. And once
 ordinary people start to get used to it, the barrier is away.

 This is slowly happening, unless you've noticed that. And that will go
 on, unless the major Linux distros will be so happy about copying
 Windows' bells and whistles, that they'll adopt their flaws as well.
 Which is happening too.

   Eli

 --
 Web: http://www.billauer.co.il

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Re: [Haifux] Windows-Free laptops in Haifa

2009-02-08 Thread Tzafrir Cohen
On Sun, Feb 08, 2009 at 11:33:16AM +0200, Eli Billauer wrote:
 Dan Shimshoni wrote:
 
  The struggle must go on!
 

 Sincerely, I don't know what for. The situation is not going to change 
 because a very small group of people starts to bother computer stores 
 with an unusual request. Asking to check the laptop for Linux 
 compatibility with a Live CD makes sense, but with all respect, I find 
 this struggle pointless. Unless you enjoy it, of course.

You mean: asking them to do what Dell already does today in Israel
(preload with FreeDOS) is too much?

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http://tzafrir.org.il || a Mutt's
tzaf...@cohens.org.il ||  best
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Re: [Haifux] Windows-Free laptops in Haifa

2009-02-08 Thread Eli Billauer
Hello,


Somehow I had a feeling I was going to write another message in this 
subject.


Tzafrir Cohen wrote:

 You mean: asking them to do what Dell already does today in Israel
 (preload with FreeDOS) is too much?

   
If they're not doing so voluntarily, yes. A computer vendor, like any 
vendor, has a group of people which should have a synchronized view of 
what they are selling and supporting. The more complicated the picture 
gets, the more flavors the products have, the more resources they need 
to maintain that. It sounds simple when you look at your own single 
request, but it becomes a mess when you hear all crazy things people are 
asking for. So I understand why they say no.

They have the right to bundle Windows as they see fit, and we have the 
right to buy what we want. Since Linux users are a drop in the sea 
(someone said 0.5%?) asking for a non-Windows computer is in almost all 
cases equal to I'll install some cracked Windows I have.

As for getting a refund, I'm really not sure that will work in a larger 
scale. It worked once, basically because Dell's main concern was to 
finish the story with as little noise as possible (that didn't work...). 
But let's face it: If you buy a travel package including hotel and 
flight, you can't get a refund for the hotel, and surely not for the 
price the hotel alone would cost you (unless the hotel doesn't meet its 
promises). And everyone knows you can get an hotel and a flight 
separately. And yes, there are some hotels which you can get a bed in 
only through a package deal.

The laptop and the OS are bundled as a package deal, and you know it 
when you buy the laptop. Before the installation, your asked to contact 
the manufacturer or installer to determine their return policy for a 
refund or credit unless you approve with the license agreement. Their 
refund policy can be 0 NIS as well. Exactly as you won't get a refund if 
you choose not to sleep in the hotel, which you got bundled with the flight.

To summarize my view: If there will be a demand for Linux or non-OS 
laptops, don't worry. Someone will supply it. But as long as this is 
something very few request, it's in a line with I want a laptop 
manufactured in Dolphin-friendly countries or something like that. Yet 
another annoying customer.

   Eli

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Re: [Haifux] Windows-Free laptops in Haifa

2009-02-08 Thread Eli Billauer
Orr Dunkelman wrote:.

 The only reason Microsoft cannot have the benefit of Buy us or
 else... is the fact that they control too large portion of the
 market. The moment they will go under 70%, they would be able to
 actually say the above (70% may be country dependent).
   
I have to say that the monopoly argument is refreshing. I don't know 
about the law in this case, but given that there are stable alternatives 
around for basically any of their products, and they are all for free, 
they are in no position to play monopoly games.

On the contrary, they have been forced to drop prices because they're 
competing with free software. Not to mention deals with governments, 
driven by the fear to lose a huge number of desktops.

So even though they have so-and-so of the market, in essence they don't 
control it anymore.

   Eli

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Re: [Haifux] Windows-Free laptops in Haifa

2009-02-08 Thread Dotan Cohen
 As far as I've seen, it tells the user to check the policy for refund. It
 can very well be to cancel the whole deal, for a refund of the whole sum.
 And the software can also be considered a present. I mean, suppose that you
 go to the supermarket, and you get an extra piece of something because you
 bought for X shekels. Do you think you'll have a chance to get a refund for
 that?


Then just erase the Windows and know that you would have paid the same
price had you declined the present from the beginning. But in any
case, the _effort_ of asking Dell for a non-Windows laptop is
important, because the more they hear it the likelier they will be to
provide it.

 And if you bought a travel package, and then found out something was wrong
 about it, wouldn't the best expectation be to simply cancel the deal, all
 money back?

 The thing you're missing here, is that when you buy a laptop, you're aware
 that there it comes with Windows. The only thing you can complain about, is
 that you were forced to agree to something you don't agree with. The only
 sensible solution in this case, in normal business terms, is to cancel the
 deal. Completely.


Yes, after you've made a stink about Windows. Let Dell decide that the
best course of action is to cancel the transaction, rather than to
refund Windows. And at a bare bare minimum you've shown that Linux
users exist. That's the current problem: they don't think that we
exist because we are not vocal enough.

 I'm glad that Zvi Devir made some noise, because it got the message through,
 that a computer can run something else than Windows. But as far as I'm
 concerned, that's all there is to it.


Then do that.

-- 
Dotan Cohen

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Re: [Haifux] Windows-Free laptops in Haifa

2009-02-08 Thread Shachar Raindel
On Sun, Feb 8, 2009 at 7:27 PM, Eli Billauer e...@billauer.co.il wrote:
 As far as I've seen, it tells the user to check the policy for refund.
 It can very well be to cancel the whole deal, for a refund of the whole
 sum. And the software can also be considered a present. I mean, suppose
 that you go to the supermarket, and you get an extra piece of something
 because you bought for X shekels. Do you think you'll have a chance to
 get a refund for that?

 And if you bought a travel package, and then found out something was
 wrong about it, wouldn't the best expectation be to simply cancel the
 deal, all money back?

 The thing you're missing here, is that when you buy a laptop, you're
 aware that there it comes with Windows. The only thing you can complain
 about, is that you were forced to agree to something you don't agree
 with. The only sensible solution in this case, in normal business terms,
 is to cancel the deal. Completely.

 I'm glad that Zvi Devir made some noise, because it got the message
 through, that a computer can run something else than Windows. But as far
 as I'm concerned, that's all there is to it.

When shopping for my laptop (Dell Inspiron 1525) I found out that
windows Vista basic have a NEGATIVE price of 200$ - the N series which
had linux preinstalled cost 200 USD more than the normal variation,
which was (and still is) in a constant sale, offering it 250$
cheaper. Therefore, I got a machine which had windows preinstalled,
and upgraded to linux upon arrival. On the upper side though, since
Dell officially support linux on their laptops, the hardware support
is excellent, and the laptop is working with Ubuntu 8.10 flawlessly
(except for video tearing due to problems in Intel's drivers).

--Shachar
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