[ubuntu-za] Tilting at Windows

Michael Graaf graaf.michael at gmail.com
Tue Apr 12 09:01:40 UTC 2011


Dear all,

I have long made a habit, when speaking to computer salespersons, of
asking whether they offer the option of machines without Windows
pre-installed (or with the option of a refund if Windows is shown to
have been deleted), just to give them the impression that there is a
demand for such. Surprise, surprise... negligible headway. But the
recent passing of the Consumer Protection Act in SA set me thinking. I
suspect that not offering such options is now illegal here. So we need a
test case, or else a declaratory court order, or something of that
sort. 

I am currently in KZN where there is no active LUG, but I know that
there is a good Legal Resource Centre which is mandated (by its funders)
to tackle public-interest cases. They have branches in other centres. It
seems to me that they would be receptive if approached by a "party" (in
legal jargon) which has "locus standi" (grounds for launching a case) -
either a customer who was refused such an option (who then sues the
merchant as a test case, setting a precedent) or group such as a LUG
which under the banner of "class interest" could seek a declaratory
order that all merchants are instructed to obey the law (I think that's
what happened in Italy a while back).

Feedback?

Michael




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