The group admits that the terms of the EULA are clear and include a provision for the refund, but it argues that obtaining one is too difficult. PC manufacturers are failing to abide by their contractual obligation, and this is apparently because Microsoft is using its market position to unlawfully promote its software. ADUC wants Italian computer buyers who have bought computers with unused Microsoft software to join the suit and fight for their right to a refund.
For over a year, ADUC has been seeking a class-action suit for unwanted Windows installs. The goal is the same: to obtain compensation for customers who buy PCs with Windows preinstalled, but who prefer not to use the operating system.
Microsoft's argument will likely remain unchanged as it has for years. In previous cases like this one, the software giant has always refused to reimburse users, pointing to the EULA that says consumers have to contact their PC maker for licensing issues.
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