[Alt School Linux] FW: 6:30 pm Thursday 6 March 2003 Refund Day II: Adam Kosmin takes Toshiba to court for the refund that the EULA guarantees

Paul Marino [email protected]
Tue, 4 Mar 2003 09:59:01 -0500 (EST)

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 this is an important court case to put microsoft in its place.  if you have ever read the licence for any microsft product it says if you do not agree with the terms and do not use it you are entitled to a full refund however if you buy a new computer and you do not want windows on the computer if you try to get a refund on the OEM licence it will most likly be refused because microsoft will not give a refund to the hardware vendor
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Subject: 6:30 pm Thursday 6 March 2003 Refund Day II: Adam Kosmin takes Toshiba to court for the refund that the EULA guarantees
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From: Jay "Sexpot" Sulzberger <[email protected]>
Date: Tue, 04 Mar 2003 00:30:35 -0800
At 6:30 pm Thursday 6 March 2003 Adam Kosmin will appear in Queens County
Court to argue that the Refund Clause of the EULA means what it says.  The
Refund Clause says that if you buy a computer with a Microsoft operating
system already installed on the hard disk, if you do not run the Microsoft
operating system, you get a refund for the operating system, if you ask for
a refund.
Sometimes the vendor of the computer will give a refund, but often the
vendor refuses.  This refusal is not only a violation of contract, but of
consumer protection law, and of antitrust law, specifically of the old
Microsoft consent decree of the 1990s and of the recent settlement of the
large antitrust case.
Please contact TV, radio, and newspaper reporters to let them know of this
gross and long continued violation of law, a violation with the most
serious consequences for our nation's security and prosperity.  Please
contact Consumers Union and other consumer action groups.
And please come out to the Queens County Court at 5:00 pm Thursday 6 March
2003, so that we may gather at the coffee house across the street from the
courthouse.  Laptop computers running free operating systems are needed.
Knoppix disks are also useful.  We may be able to explain to the judge some
facts that are not often presented in large circulation newspapers.
If convenient, wear standard CLOTHES OF RESPECT.  Do not interrupt or shout
out in court.  You may not read in court.  You must sit and pay attention
and be ready to help the judge and Adam.  Outside the courtroom we may get
a chance to convey to the representatives of Toshiba our opinions and
feelings about their policy of denial of our rights under property law,
contract law, and consumer protection law.
Here is information about Refund Day I:
Adam Kosmin is the leader of Refund Day II and all questions should be
addressed to him at
[email protected]
For more about Refund Day II:
This action is not the whole of Refund Day II.  It is just the beginning.
No matter what happens in court we will continue the fight.  What is at
stake is our right to private ownership of computers and our right to free
private, tribal, business, and public use of the Net.
  what="Information from Adam Kosmin">
1. court
Queens County Court
2. place of court
89-17 Sutphin Blvd.
Jamaica, NY 11435
3. time of case
6:30 P.M. in the Small Claims/Commercial Claims Part Courtroom
First Floor Room 101
4. name and/or number of action
Index number: 531QSC2003
Kosmin, Adam vs. Toshiba American Information Systems Inc
5. ways to get out there
By subway, take the F train to Sutphin Blvd. The court house is on the
same street.
Note: This action is not a formal official action of LXNY, though many LXNY
members support the rule of law, and further, the particular application of
the rule of law to Microsoft and Toshiba.
Jay Sulzberger <[email protected]>
Corresponding Secretary LXNY
LXNY is New York's Free Computing Organization.