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by mrweasel 1955 days ago
In the end I do believe that some people where able to get their money back. I remember Paul-Henning Kamp (FreeBSD developer) going to court in Denmark. The court agree that you should be able to get your money back, if you didn't want Windows and didn't understand that Windows would be part of the deal. Because PHK understood that a copy of Windows would be included with his laptop, he could NOT get a refund. So you'd have to be an unsophisticated user, who wanted to install an alternative operating system, so basically "No One".

The way Microsoft dealt with the whole thing though me that they don't really care about their EULA. It's not actually enforceable or relevant to their business. If it where, not paying the refund, or forcing the OEM to seems like a way to give anyone who truly wish to violate the EULA a legal entry point.

Still, the OEM licenses was/is not worth much, and most of us knew that. You could buy a Windows 98 license for something like $30, you just had to get it with a mouse, because then it would technically have been bought with hardware. Even if the mouse was only $10, you have to assume that the real OEM where getting even better deals.