Rus News Journal

FAS will facilitate refusal from Windows

Manufacturers of computers in Russia in 70 % of cases sell technics with in advance established operating system (OS) Windows, but in default the buyer from this OS money to it does not come back, the Federal antimonopoly service (FAS) has established following the results of two-month branch check. If FAS recognises it infringement of the antimonopoly law, manufacturers can fine on 1 - 15 % from cost of the sold computers.
following the results of check FAS which has begun in February, 2009, it was found out that refund procedure for preestablished OS Windows is only at manufacturer Asus, has told the head of department of information technology FAS Vladimir Kudryavtsev. at least this company has presented the documents regulating a refund. At other manufacturers of computer technics, for example Acer, HP, Samsung, Dell and Toshiba, refund procedure is not provided. Therefore as soon as we will complete certificates about check at once we will transfer the data to the analysis from the point of view of antimonopoly law infringement - the official has added.

in Russia about 70 % of computers are on sale from preestablished OS Windows (in the USA - about 90 %), that is the buyer does not need to get separately an operating system, analyst IK " has estimated; finam Tatyana Menkova. By its calculations if at least 10 % of the users who have bought the computer with Windows, refuse this OS and will demand a refund the half-received gain of manufacturers can make to $70 - 100 million a year.

judging by documents, buyers of laptops Asus can return from $20 for the most simple version Windows (Vista Home Basic) to $77 for the most expensive (Ultimate), mister Kudryavtsev has specified. He has noticed that while the decision on business excitation is not accepted, but Preliminary the situation can be qualified as the co-ordinated actions of manufacturers in which result unprofitable conditions " are imposed to the counterpart;.

Infringements can get under article 14. 32 KoAP, the lawyer of the Moscow Bar " considers; Nikolaev and partners Pavel Lambrov. In the present state of affairs I can agree with FAS as Windows it is far not a unique operating system, and the consumer should have an option - mister Lambrov has explained. He has noticed that if FAS recognises infringement penalties of manufacturers can make from 1 to 15 % of the gain received in Russia from sale of goods.

in 2008 of sale of personal computers in Russia, according to IDC, have grown on 8,4 % - approximately to 9,5 million pieces. Into the five of the largest suppliers in 2008 have entered Acer, Asus, HP, Toshiba and Dell.

En face notice that will bring actions uneasy as the overwhelming majority of manufacturers work in Russia as marketing representations and have no in the country of the legal person. if infringement is revealed to bring actions it is necessary concerning foreign legal bodies - mister Kudryavtsev has explained.

to most Microsoft at FAS questions are not present. The director for strategic projects Microsoft Evgenie Danilov has noticed that company partners have the right to define own procedures of an exchange and return Windows. We repeatedly paid attention of partners that them mechanisms of return of preestablished products Microsoft " should be developed; - he has underlined.

head Acer in the CIS Gleb Mishin says that if FAS will take out the instruction about a refund it should be carried out. but actually it is necessary for nobody. To us nobody addresses with requests for a refund. Laptops without an operating system will be bought only by those who has got used to buy a counterfeit software - mister Mishin believes. PR - the manager of the company the White wind Digital developing a network of the shops with the same name, Lyudmila Semushkina has told that for all history of the company only one user in a judicial order has demanded a refund. but we have carried this case in 2008, - she speaks. - till now there is no mechanism for a refund for preestablished OS .

In Russia one case when to the buyer have returned money for preestablished OS is fixed only. In July, 2008 the inhabitant of St.-Petersburg Vladimir Sadovnikov has received $73,9 from company BenQ, having refused to use Windows Vista. In the West sale of the computer with preestablished Windows name Windows tax (the tax on Windows). The citizen of Australia Dzhefri Benett became one of the first users to whom have returned money. In 1998 he corresponded four months with Toshiba before to it have returned 110 Australian dollars for Windows.