In a historic Italian judgment brought by FSFE supporter Luca Bonissi, the court ordered Lenovo to pay € 20,000 in damages for abusive behavior, by refusing to reimburse the cost of the preinstalled Windows license. As a motivating gesture for free software, Luca donated 15,000 euros to the FSFE .
We all know how frustrating it is to buy a brand new computer and realize that it comes with a proprietary operating system preinstalled. Some companies have adapted their misconduct and established clearer procedures for consumers to receive refunds for paid licenses for software they do not want to use. However, some computer makers, such as Lenovo, still make it very difficult for consumers to assert their rights in costly and grueling lawsuits. This is the successful story of Luca Bonissi, an Italian developer, longtime FSFE supporter and volunteer, of his relentless pursuit of a Windows license return.and how Lenovo was ordered to pay € 20,000 for its illegal conduct during the trial.
Lenovo and Windows Preinstalled: Market and Consumer Abuse
It goes without saying that everyone should be able to freely choose the operating system to run on their personal computers. Free software is about giving people the freedom to run the software they want, and therefore giving up software that doesn't respect their freedom. But Microsoft and the vast majority of hardware manufacturers dishonor this principle by dictating which operating system their customers should use, forcing them to run Windows even when they just don't want to.
In March 2018, Luca bought a brand new Lenovo Ideapad tablet and decided not to run Windows on it. Instead, he contacted Lenovo to request a refund and return of the pre-installed Windows. This was followed by a truly legal and bureaucratic quest that took years, several lawsuits, and Luke's great resilience and determination.
Two years, two lawsuits and a lot of money spent - all because of the 42 euro license
After Lenovo twice defiantly denied him his request, Luca tried to seek help from the Italian Competition and Market Authority (AGCM) . However, when he realized that these efforts were fruitless, Luka decided to sue Lenovo.
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