[clug] Dell EULA

Tomasz Ciolek tmc at dreamcraft.com.au
Wed Apr 14 03:26:53 GMT 2004

 Actually, you will find that these are a form of self-extracting and/or 
 self-installing binary image. They are for restoring yuor PC to how it
 was "out of the box" - warts n all


On Wed, Apr 14, 2004 at 01:21:24PM +1000, Darren Freeman wrote:
> Hi all,
> now I've had the misfortune to receive a Dell computer as part of a
> piece of equipment we have been delivered. The problem is that I have to
> accept the Dell EULA by pressing any key, presumably as part of the BIOS
> or bootloader.
> The summary given on screen is that the supplied CDs are not original
> discs, oh no, they're *backups* of what's on the hard disc. Even though
> they are most likely OEM copies of everything. Why on earth insist that
> these are backups? To prevent me from claiming backup rights in
> countries like US or NZ where these exist? (can't backup a backup). So
> where are the originals that I paid good money for?
> The EULA is not included, contrary to the on-screen prompt, nor is the
> phone number for customer service, also as indicated in the prompt.
> The Dell service website passed me on to three local call centres, one
> of which I've called without being put onto an operator. It hung up on
> me due to a bug in the menu system. The other put me in a long wait,
> then I got somebody in India, she gave up and put me back in the queue,
> then it sounded like I got an Indonesian. She insisted that there is no
> license agreement other than what's on the screen, which can't be true
> because it forces me to read something else which was supplied with my
> computer. She insisted that it refers to the EULA on the Windows XP CD,
> but this agreement is between Microsoft and myself, not with Dell. So it
> can't be it. Back in the queue I go. Finally somebody agreed to FAX it
> to me. We'll wait and see how it goes. Fortunately I was working with
> the phone on my ear so I didn't lose productivity for the half hour I
> actually waited.
> Also the website has a nice banner above the phone numbers which reads:
> "Dell recommends Microsoft? Windows? XP Professional". Charming for a
> company that also sells Linux boxes.
> It royally pisses me off that this clearly impossible situation exists
> in Dell's license agreement and yet none of the operators have heard
> complaints before. What are customers doing agreeing to things they
> can't even read? That's about as dumb as agreeing to a treaty between
> countries when the citizens can't read it. Oh wait, we just did that
> with the US-AU FTA.
> What's worse is if I was to take this to the next level and do what is
> legally required of me, I would have to return it to Varian and possibly
> return the $100k spectrometer it came with. Or I can enter the
> University into what claims to be a legally binding contract without
> reading it. So much complacency and ignorance, I can't handle it. I have
> to lie down now ;)
> Have fun,
> Darren

Tomasz M. Ciolek	
  email:  tmc at dreamcraft dot com dot au 
	GPG Key ID: 0x41C4C2F0  Key available on www.pgp.net	
  Everything falls under the law of change;	
  Like a dream, a phantom, a bubble, a shadow,
  like dew or flash of lightning.
  You should contemplate like this. 

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