A French judge ordered the computer chain store Darty on Tuesday to list the price of pre-installed operating system on the PCs it sells.
The verdict only partly satisfies the French consumer rights organisation 'UFC Que Choisir' that had filed the complaint in 2006. "We did not ask the judge to forbid the combined sale of PC and operating system, but we wanted it to offer the consumer an alternative choice", Alain Bazot, president of UFC, told the French press agency AFP today.
Jérôme Franc, lawyer for the UFC, said he welcomed the decision to display the price of the operating system. "This will enable consumers to compare prices, and make them aware they are not obliged to purchase the operating system."
UFC had asked the court to force Darty to sell PCs without operating systems. According to Bazot, the judge thinks consumers prefer to buy the PC including an operating system. "Today, that may be the case 99,9 procent of the time, but this can change", Bazot said. UFC intends to appeal the verdict.
At a hearing last May, UFC explained there is already a market for PCs without operating systems. Darty countered, saying that selling a PC without the OS is like selling a car without an engine.
This latter argument the court rejected, saying hardware and software are clearly seperate items. "Operating systems from different vendors can be used for the same PC, this is not the case for car engines that can not be installed in a vehicle from a different brand."
This weeks verdict is the first in a series. UFC also filed cases against computer manufacturer HP and supermarket Auchan.
Similar cases made their way to other courts last autumn. A French court in Puteaux ordered Acer, the world's third largest computer maker, to refund a customer who did not want the preloaded Microsoft Windows operating system and other applications. A court in Florece (Italy) ordered HP, the world's largest computer manufacturer, to do the same.
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Further information:
Que Choisie statement (in French)