MSI sentenced for tied selling must reimburse Windows Vista

MSI sentenced for tied selling must reimburse Windows Vista

Image 1: MSI sentenced for tied selling must reimburse Windows VistaMSI was accused of tied selling on a computer sold with Windows Vista in 2008. The manufacturer is condemned by a court in Metz.

He didn’t want Windows

It was in May 2008 that Pierre-Yves T. acquired an MSI computer delivered with Windows Vista. Not wishing to use this operating system, Pierre-Yves T. follows the reimbursement procedure in force. He refuses the license agreement and requests by mail a refund from MSI, specifying the conditions of acceptance of the license: “If you do not accept them [les termes], do not use the software. Contact the manufacturer […] to find out how to return the goods for reimbursement. “

Refusal for reply

MSI wasted no time in responding and expressing its surprise at the buyer’s choice of computer. It was “quite possible to have one without preinstalled software like what Dell offers. Pierre-Yves T. is refused.

Several reminders later, he then seized the justice. The latter judges that MSI forced Mr. T. to acquire Windows Vista against his will. The computer manufacturer is therefore ordered to reimburse € 180 to the buyer for damages and to pay him € 500 of compensation. MSI was not forced to review its repayment terms.