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Merge branch 'wr-news' of git.fsfe.org:fsfe/fsfe-website into wr-news
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Luca Bonissi 2021-03-01 19:05:53 +01:00
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news/2021/news-20210302-01.en.xhtml
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@ -19,7 +19,7 @@ We all know how frustrating it is to buy a brand new computer and realise that i
</p>
<h2>Lenovo and pre-installed Windows: market abuse and consumer misappropriation</h2>
<h2>Lenovo and pre-installed Windows: market and consumer abuse</h2>
<p>
It should go without saying that everyone should be able to freely choose the operating system to run on their personal computers. <a href="/freesoftware/freesoftware">Free Software</a> is about granting the liberty for people to freely run software they desire and, consequently, decline the software not respecting their freedom. But Microsoft and the vast majority of hardware manufacturers dishonour this principle by dictating which operating system their customers must use, forcing them to run Windows even when they simply do not want to.
@ -43,7 +43,7 @@ Due to the low cost of the Windows home licence, Luca could start the proceeding
Lenovo was dissatisfied with the verdict. The company summoned "heavy legal artillery", and appealed, indicating 15 grounds on which the sentence had to be revised in a <a href="https://bonissi.it/bonissi_lenovo/11-Atto_citazione_appello-anonim.pdf">59-page document</a>. Lenovo's disproportionate and complex arguments imposed on Luca the necessity to defend himself with a lawyer on the appeal too. By now, the refund request, which could have been resolved by a simple email if Lenovo acted in good faith, was already lasting more than two years and cost several hundred euros for Luca.
</p>
<h3>The outcome: 20,000 euros in damages for consumer misappropriation</h3>
<h3>The outcome: 20,000 euros in damages for consumer abuse</h3>
<p>
Finally, in December 2020, the Court of Monza <a href="https://bonissi.it/bonissi_lenovo/16-SentenzaAppelloLenovo_14510968s-IT-anonim.pdf">rejected</a> all Lenovo's arguments, confirming that the right to reimbursement of the pre-installed software was due. The sentence pointed out that the manufacturer itself had expressly assumed this obligation in the Windows licence. But that is not all: in a historic decision, the court imposed upon Lenovo punitive damages amounting to 20,000 euros for abuse of the appeal procedures. Lenovo forced its customer to take part in a disproportionate and unnecessary legal process. The court also noted that this case is an example of the arrogance and prevarication of a giant company against a modest consumer. In the end, the court ruled that the sum was to be paid to Luca, by way of compensating for the damage caused by aggravated procedural liability.