North County Computers - When License Keys Cost More Than You Ever Imagined

Reply From NCC to Dell

Attn: Kelley Wilks
Dell Computers

How ironic. I called Dell over a week ago. I received no decent support at all except to have the buck passed to Microsoft (then back to Dell, and back to Microsoft again), and then to have the BSA come knocking at the door of my client. I find it oddly ironic that it wasn't until I posted my complaints to the web and the article was seen that I finally had someone from Dell offer "to help". It is sad to realize that you would probably never have contacted us if it hadn't been for the fear of bad publicity. Unfortunately, your email is a bit late, though I do thank you for taking the time to contact us.

Just so I'm clear, our issue is not with Dell policy or MS OEM practices. Our issue is that we chose Dell as a single solution for hardware, software, and support. We didn't buy our OSs from Microsoft, and therefore shouldn't need to go to them for a resolution to this problem, anymore than I should be expected to call Maxtor if the hard disk in my Dell system goes out. I have a serious issue with Microsoft's policy of having OEMs put licenses in plain view, than so actively pursuing anti-piracy issues. However, I recognize that issue is between myself and Microsoft, not Dell. My issue with Dell is the lack of knowledge, lack of care, lack of support, and lack of a timely response. These lackings have left a poor taste in my mouth, as well as that of my client's.

Being based in San Diego, I encouraged my client to investigate Lindows. We met with them yesterday and they offered a solution that will save everyone money and immediately rectify our issues. We met with the BSA yesterday, as well, and they were extremely unsympathetic. They offered no solution to our problem, only stated that we had 30 days to show proof of not being in violation of any licensing policies. As such, our plan is to migrate every machine possible to the Lindows OS over the next 30 days. For machines that absolutely must use Windows or apps requiring a Windows OS, we will either purchase a site license for the systems from Microsoft directly or set up a terminal server to host the applications and use the freeware RDesktop client to access them. Further, all future purchases will be made from a vendor other than Dell (this includes my client and my own company. I have recommended Dell in the past, but will cease to do so).

If Dell is serious about "helping", then the starting point would be financial compensation for the time lost and spent dealing with the issue. As of this morning, my client has 9 systems that have been completely offline due to this problem. Those 9 systems are used by 8 people. For 2 of the people, we were able to put other systems in place. For the remaining 6, they have had to share workstations to check email only. They have all been severely impacted and unable to work on their projects. Further, my client is having to pay my company for our time spent in resolving this issue. As of the time of this email, we estimate a total of $17,000 in lost revenue due to costs, time, and the inability to perform job duties. If Dell is serious about "helping" with this issue, and in keeping both a current client as well as good referral source, a check in the amount of $17,000.00 would be an excellent starting point.

  Per your request, my contact information is below. However, please don't waste my time unless you have a true resolution including financial compensation. Dell has already wasted enough of my and my client's time and money.

  Interestingly, and on a related note, my client came across this <article> pointing out the flaws in the new Dell "click through license". It almost appears as if Dell is attempting to compete with Microsoft in a "who can be the worst about licenses" game. Most intruiging was the reply of a Dell representative in the aforementioned article suggesting that licenses (which are legally binding) be agreed to even when not read.
  Quote: "He said he installs things all the time without reading the license agreements. He says I should just do that. I ask if he's really telling me to lie and to agree to legal documents I haven't seen...".
  This begs the question of whether any owner of a Dell system is technically bound to the license agreement of a pre-installed Microsoft Windows OS when the license must be agreed to before it is read. That sounds a lot like anything said before being mirandized being inadmissable in court.

  Nonetheless, our experience with Dell coupled together with the above mentioned article has made us decidedly against using Dell as a vendor in the future. If you would like to attempt to rectify this issue, my contact information is below.

A. Davis
support @nccomp.com