Microsoft Sued For Not Giving Windows Refunds

Microsoft is getting sued, again, for not being nice and giving refunds to those who purchased a PC that came with Windows and they didn’t want it. As far as I know, Microsoft didn’t sell the PC in the first place, didn’t force the OEM to include Windows, and didn’t force the end user to buy the PC with Windows included.

If I buy a Blu-ray player that comes with a couple Blu-rays in a package deal, and don’t want the movies, can I sue the movie studio for not refunding me the money on the package I bought from the store?

Let’s see how long it takes before this is laughed out of court. I meant dismissed.

Furthermore, the group says consumers who buy computers with OEM copies of Windows installed have more difficulties in getting a refund than those who purchased a retail copy of the OS. The lawsuit notes that users who buy and install the OS itself, but that don’t agree to the EULA, are entitled to a return from the place where they bought it. OEM buyers, however, are at the whim of their system seller or installer for a refund, which has historically proven to be a difficult process, it says.

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More Microsoft Senior Shuffle: Bob Muglia Leaving

More movement in the senior crew at Microsoft, with the President of Microsoft’s Server and Tools Business division (STB), Bob Muglia, leaving this summer. Who will be his replacement is up in the air, but there is speculation that Amitabh Srivastava, from Windows Azure fame, will take his place.

Image Courtesy of D. Begley (Flickr)

From: Steve Ballmer
Sent: Monday, January 10, 2011
To: Microsoft – All Employees
Subject: STB – Building on Success, Moving Forward

We enter this new decade with STB providing the platform for today’s business solutions, and uniquely well-positioned to drive the future of cloud computing.   I believe STB will continue to lead the industry with outstanding products and services for our customers and exceptional results for our business.


There are very few $15B businesses in the software industry, and Microsoft is the only company that has built three of them.  While Windows and Office are household words, our Server and Tools Business has quietly and steadily grown to be the unquestioned leader in server computing.  We have driven the industry forward and established the foundation for an entire generation of business applications.  We have overcome significant competitive challenges.  Over the past twenty years, the outstanding leadership from everyone involved in STB has made it a $15B business today.

We are now ready to build on our success and move forward into the era of cloud computing.  Once again, Microsoft and our STB team are defining the future of business computing.  In October, we completed an incredibly successful PDC where we detailed the future of the cloud, outlining Platform as a Service and demonstrating the rapid advancement of Windows Azure.

The best time to think about change is when you are in a position of strength, and that’s where we are today with STB – leading the server business, successful with our developer tools, and poised to lead the rapidly emerging cloud future.  Bob Muglia and I have been talking about the overall business and what is needed to accelerate our growth. In this context, I have decided that now is the time to put new leadership in place for STB. This is simply recognition that all businesses go through cycles and need new and different talent to manage through those cycles. Bob has been a phenomenal partner throughout this process, and he and his leadership team have the right strategy in place.

In conjunction with this leadership change, Bob has decided to leave Microsoft this summer. He will continue to actively run STB as I conduct an internal and external search for the new leader.  Bob will onboard the new leader and will also complete additional projects for me.

Bob has been a founder and leader of our server business from its earliest inception.  He has led our Developer, Office, and Mobile Devices Divisions, and key parts of Windows NT and our Online Services business.  I’ve worked with him in many capacities over the years and I’ve always appreciated his customer focus, technical depth, people leadership skills, and his positive energy. I want to thank Bob for his hard work, many accomplishments, and his focus on putting Microsoft first for 23 years.

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11 Resolutions Microsoft Should Make

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Betanews has a list of 11 new year resolutions Microsoft should make this year. I have to say I agree with all of them. I’ve been saying the same things for years. Microsoft needs to get back out there and be a company that people are excited about again. Remember Windows 95 and the lines of people just to be the first to buy it? They need that excitement again. Even the suggestion of bringing Bill Gates back in as a marketing tool would be great. Come on, Microsoft, you need to bring back the gold that you once had!

Unlike past years’ advice — eh, resolutions — this list is more thematic. Microsoft has a huge perception problem, and as I’ve so many times asserted: In business perception is everything. The people with the loudest voices, such as analysts, bloggers, journalists, marketers and software developers are pining for companies like Apple or Google. This translates directly to Microsoft’s share price, which is moribund and undervalued. In November I asked: “Why won’t Wall Street give Microsoft a break?” Perception is a major part of the answer.

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Microsoft #1 Innovative Company In 2010

The Street, an investing and trading website, has named Microsoft number one in innovative companies of 2010. I believe that Microsoft has earned this, even though some of their products have been moved to the back burner lately. The revolutionary Kinect has opened a lot of doors for game developers as well as hardware hackers. There is a lot of potential for the add-on, and it has sold an amazing amount of units since it’s release. There are some things I’d like to see Microsoft move forward a bit faster, namely the Zune HD. The Windows Phone 7 is a great device, but sales have been less than stellar. Once Verizon gets some vendors on deck to offer WP7 under their network, I’m sure sales will increase quite a bit. I know I am going to be jumping on this. Congratulations to Microsoft for keeping up with innovation and keep moving forward!

First off, after slimming its Xbox 360 hardware and just about eliminating the “red circle of death” failures that cost gamers hundreds of dollars in console investment, Microsoft snagged the console sales lead from Nintendo’s Wii and has held it for months. Also, after years of taking a back seat to the Wii’s fun little motion controllers and Miis and getting beaten to market by Sony’s(SNE) PlayStation Move motion device, Microsoft sold 1 million versions of its $150 controller-free Kinect motion-capture device within 10 days of its Nov. 4 release and 2.5 million before the end of November. By all accounts, that should have been a tough sell, considering the console itself goes for as little as $199, but a good concept and great third-party partner products such as Viacom’s(VIA) infectious Dance Central remind us what Microsoft is capable of when its back is to the wall.

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Steve Ballmer Sells Out!

Steve Ballmer is a sell out. Well, at least with a lot of his Microsoft stock. The big guy plans on selling  up to 75 million shares of stock by the end of the year. That’s a lot of stock, and a lot of money. He claims that he isn’t going to jump ship anytime soon, and it is a personal financial choice. Hey, the guy needs a new yacht, can you blame him!? Why have all that invested, and never touch it.

“Even though this is a personal financial matter, I want to be clear about this to avoid any confusion,” Ballmer said in a statement on the company’s Website. “I am excited about our new products and the potential for our technology to change people’s lives, and I remain fully committed to Microsoft and its success.”

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Ray Ozzie Leaving Microsoft

Ray Ozzie has announced he is leaving Microsoft. Ozzie is Microsoft’s current Chief Software Architect after replacing Bill Gates. This is a surprise to many, as Ozzie has been a big part of Microsoft since the beginning. I’m wondering who will take his place?

“Ray contributed significantly to the early success of Windows,” Ballmer noted in his memo to Microsoft employees. “Since being at Microsoft, both through inspiration and impact he’s been instrumental in our transition toward a software world now centered on services.”

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TGDaily Spews Anti-Microsoft Drivel

TGDaily, known as a tech site with some good articles and commentary, has a new staff writer that has been going off on Microsoft using false information, as well as a very biased opinion. The first article wasn’t too bad, full of mis-information and very biased towards Apple. Their last article was basically sending insults to anyone who commented regarding their factual discrepancies, or expressed their opinion on the article. Very bad journalism, in my opinion. Microsoft isn’t perfect, and I can name 10 things that I don’t like about it. However, everything I can name I can put facts behind it, rather than calling my opinion a fact. We’ll see how this plays out. For a good laugh, check it out. Is this guy for real?!

But we are also shocked at the sudden reappearance of the Microsoft fanboi, whom the industry has long classified as a dying, if not extinct species.

Still, you have to give the Redmond worshippers credit.

Obviously, it isn’t easy defending a mercenary corporation whose primary claim to fame is a malware ridden, sub-par OS known as Windows.

UPDATE: TGDaily validated the posts, and endorses them. They do offer anyone to offer a counter point. However, it’s going to be extremely difficult to counter with the Author in question. I will be writing a piece today to counter his “thoughts”, and I will be sure to backup all of my facts with actual data.

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Microsoft Not Buying Adobe

According to sources, Microsoft is definitely NOT buying Adobe, confirming this rumor as just a rumor. Which would be good news, really, as Adobe and their bug ridden, bloated PDF Reader would be a horrible match with Windows. Updates already come too fast with Windows, they shouldn’t add 2 new daily updates with Adobe. And don’t get me started on their CPU hungry, slow, 32-bit Flash.

In any case, it is not a big surprise at this point if longtime rivals like Adobe and Microsoft (MSFT)–which makes a competing video technology called Silverlight to Adobe’s Flash–talk about trying to stop the explosive growth of Apple, especially in the mobile space.

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Chat With Us At Microsoft Technical Chat

Today at 10:00am PST (11:00 MST), meet up with friends, colleagues, and new faces at a Microsoft chat. Up for discussion is Windows 7, Office 2010, and other general discussion. Should be very informative for all! Hope to see you there!

Would you like to learn more about the cool new features in Office 2010 and Windows 7 and what has changed since previous versions? Do you use Microsoft Office but would like to learn tips and tricks to be more productive at home, school or at work? Perhaps you are a new user who has questions on how to get started with Windows 7 or using the Office ribbon? Or would like to learn how to protect your computer from malware and viruses. Or perhaps you are just stuck and need answers. The Microsoft Most Valuable Professionals (MVPs) are here to help! The MVPs are the same people you see in the technical community as authors, trainers, user groups leaders and answerers in the Microsoft forums. For the first time ever we have brought these experts together as a collective group to answer your questions live. MVPs will be on hand to take questions about Microsoft Office 2010 or Office 2007 products such as Word, Excel, PowerPoint, Outlook, Access, Project, OneNote and more. As well as the Windows 7 and earlier versions such as Windows Vista. In addition to Microsoft Office, the chat will cover Windows related topics such as upgrading, setup and installation, securing your PC, Internet Explorer, personalizing your computer desktop or having fun with Windows Live Essentials to share photos, make movies and more. All levels of experience are welcome from beginners and students to intermediate power users. Please join us for this informative Q&A style chat and bring on your basic and your tough questions!

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