[DMCA-Activists] Correction/Refund Day II: 6:30 pm Wednesday 5 March 2003

[Seth Johnson]

-------- Original Message --------
Subject: Correction: 6:30 pm Wednesday March 2003 Refund Day II: Adam
Kosmintakes Toshiba  to court for the refund that the EULA guarantees
Date: Tue, 4 Mar 2003 11:02:57 -0500 (EST)
From: Jay Sulzberger <address@hidden>

Note: The last notice had the date off by one day.  The right day is
Wednesday 5 March 2003.  Please accept my apologies for this error.

At 6:30 pm Wednesday 5 March 2003 Adam Kosmin will appear in Queens
County Court to argue that the Refund Clause of the EULA means what it
says.  The Refund Clause says that if you buy a computer with a
Microsoft operating system already installed on the hard disk, if you do
not run the Microsoft operating system, you get a refund for the
operating system, if you ask for a refund.

Sometimes the vendor of the computer will give a refund, but often the
vendor refuses.  This refusal is not only a violation of contract, but
of consumer protection law, and of antitrust law, specifically of the
old Microsoft consent decree of the 1990s and of the recent settlement
of the large antitrust case.

Please contact TV, radio, and newspaper reporters to let them know of
this gross and long continued violation of law, a violation with the
most serious consequences for our nation's security and prosperity. 
Please contact Consumers Union and other consumer action groups.

And please come out to the Queens County Court at 5:00 pm Wednesday 5
March 2003, so that we may gather at the coffee house across the street
from the courthouse.  Laptop computers running free operating systems
are needed. Knoppix disks are also useful.  We may be able to explain to
the judge some facts that are not often presented in large circulation
newspapers.

If convenient, wear standard CLOTHES OF RESPECT.  Do not interrupt or
shout out in court.  You may not read in court.  You must sit and pay
attention and be ready to help the judge and Adam.  Outside the
courtroom we may get a chance to convey to the representatives of
Toshiba our opinions and feelings about their policy of denial of our
rights under property law, contract law, and consumer protection law.


Here is information about Refund Day I:

http://www.svlug.org/events/refund
http://www.netmonger.net/~onr/ny/welcome.html
http://www.nytimes.com/library/tech/99/02/biztech/articles/16windows.html


Adam Kosmin is the leader of Refund Day II and all questions should be
addressed to him at

address@hidden

For more about Refund Day II:

http://www.windowsrefund.net


This action is not the whole of Refund Day II.  It is just the
beginning. No matter what happens in court we will continue the fight. 
What is at stake is our right to private ownership of computers and our
right to free private, tribal, business, and public use of the Net.


<blockquote
  what="Information from Adam Kosmin">

1. court

Queens County Court


2. place of court

89-17 Sutphin Blvd.
Jamaica, NY 11435
718-262-7123


3. time of case

6:30 P.M. in the Small Claims/Commercial Claims Part Courtroom
First Floor Room 101


4. name and/or number of action

Index number: 531QSC2003
Kosmin, Adam vs. Toshiba American Information Systems Inc


5. ways to get out there

By subway, take the F train to Sutphin Blvd. The court house is on the
same street.

</blockquote>


Note: This action is not a formal official action of LXNY, though many
LXNY members support the rule of law, and further, the particular
application of the rule of law to Microsoft and Toshiba.


Jay Sulzberger <address@hidden>
Corresponding Secretary LXNY
LXNY is New York's Free Computing Organization.
http://www.lxny.org