[thedufer]

I would be willing to bet that they aren't running an installer on each person's machine, though. If they created multiple disk images - one with FF, one without - and are charging to use the one with FF, then it looks like they're charging for distribution.

[nonchalance]

If they really did create two sets of disk images based on presence of Firefox, Dell could argue that the price is not for the software but for other differences between the disk images.

Note that I'm not arguing about the spirit of the actions, but merely about whether Mozilla actually has a case here

[tcheard]

Not if they are selling the service as a "Mozilla Firefox Web Browser Installation Service"

[FireBeyond]

Does one have to physically run an executable and click through the process to have “installed” software? The software is distributed in a different state to the installed state.