Windows Vista Laptop on eBay, Proceeds Going To EFF

posted by Scott Beale on Thursday, December 28th, 2006

Acer Ferrari 1000 with Windows Vista

So regarding my infamous Acer Ferrari 1000 Windows Vista laptop (one of several sent to bloggers which are stirring up a quite a bit of controversy), I think the best thing to do at this point is auction it off on eBay and donate the proceeds from the auction to one of my favorite non-profits, The Electronic Frontier Foundation (EFF).

Honestly, I’m not really the right person to do a proper review of Windows Vista and at this point, it is still unclear why I was even selected to receive it, not to mention the fact that there has been quite a bit of inconsistency regarding what Microsoft, AMD and Edelman wanted people to do with the laptop after they were done testing it. Don’t get me wrong, I appreciate being included, but now I think it’s time to move on. I’ll purchase the Windows Vista upgrade when it comes out as I had originally planned on doing (here’s more on how I use Windows).

I’m starting the auction today (in the US only) and it will end in 7 days on January 4th. This will give me some more time to test out the laptop some more and see what Windows Vista is like, before it is sold to someone who will really benefit from having it, possibly even someone who will be able to give it a proper review.

Here is the eBay auction.

So why am I choosing EFF as the recipient? They are an amazing 16 year old member supported, nonprofit organization based in San Francisco that has been fighting hard to help defend digital rights and freedom. I’ve asked attorneys at EFF for free advice on numerous occasions and most recently Jason Schultz helped me out with the whole Michael Crook false DMCA claim situation, which ultimately lead to EFF’s lawsuit against him. This is my way of saying thanks to EFF and to help support them in their continuing efforts.

To sweeten the deal, Laughing Squid will cover the shipping costs and throw in a Laughing Squid t-shirt and stickers.

Brian Solis has donated a Cruise FE Sling bag to be included with the laptop.

Here’s some more coverage on the auction:

digg

Slashdot

Tailrank

Thomas Hawk

Daring Fireball

Linux Today

InformationWeek

ReliaBid

Megite

Download Squad

I’ll announce the winner of the auction here on January 4th. Happy bidding!

UPDATE 1: Here are what some of the other bloggers are doing with their Windows Vista laptops. The majority of them have decided to keep theirs.

UPDATE 2: In less than 24 hours, the auction has already passed the $3000 mark. It looks like I’m going to be able to present EFF with a pretty sizable donation.

UPDATE 3: There seems to be quite a bit of misinformation floating around regarding this issue, especially on digg and Slashdot. As I mentioned in my original post on the laptop, the only communication I received about this was an email from Edelman (I have never been contacted by Microsoft regarding this laptop). The email stated that Microsoft was sending me a “present” with “no strings attached” (those were the exact words used in the email). They did not include any instructions at all regarding what to do with the laptop. Also, I did not receive the same email as the other bloggers, including the follow-up email that was sent by Microsoft to Marshall Kirkpatrick asking him to return or give away the laptop. I have asked Edelman for an explanation regarding this inconstancy, but have not yet received one. So just to be clear, I was never sent any kind of instructions on what to do with the laptop and I did not sign anything, including an NDA.

UPDATE 4: A bidding war has started on the auction and has drove the price up over $20,000. We have had some fraudulent bids already on this auction, so we are currently looking into these as well. Jonathan Eric Rosen of ReliaBid has offered up their services at no charge to help reduce the the possibly of non-paying bidders.

UPDATE 5: Ok, the two fraudulent bidders who took the auction to $20,000 have been removed. The auction is now proceeding normally.

EFF letter for laptop auction

UPDATE 6: Per eBay’s guidelines for charity listings, I have updated the auction with a letter from EFF stating that they will be the recipients of the proceeds from the auction.

UPDATE 7: Sheyenne York has won the laptop auction on eBay and over $3450 will be donated to EFF.

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filed under: General

this blog post was written by Scott Beale on Thursday, December 28th, 2006


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  1. Well done, and congratulations on picking a very worthwhile organization to benefit from the auction of it. We all need to guard the erosion of our rights, even more so when Vista is turning out to be an evil monster of Digital Rights Management (or Restriction!)

    Happy New Year!

  2. If this machine isn’t too hardware crippled by being Windows Vista Approved, I’d love to buy it to install linux on it…

  3. Thank you so much for doing the right thing.

  4. Excellent move. We actually are going to use the Media Center box they sent us (not a laptop) to review the hardware and software before giving ours away.

  5. Great decision Scott — it’s both money for a good cause (effectively coming out of Microsoft’s coffers) and a good way to reinforce your independence with readers. :-D

  6. Good idea, EFF could always use some support. And its nice to see Microsoft is paying for it, in a roundabout sort of way.

  7. Definitely a charity worthy of the proceeds.
    I applaud your decision.

  8. I applaud your decision, thanks for salvaging a bit of the dignity back, that M$ took from Bloggers everywhere

  9. Way to raise some cash for the EFF. Kudos to you sir.

  10. Very cool guys (donating to the EFF).

    Who knew something from Microsoft could prove to be useful. ;)

  11. Out of all those people who received the laptop, you are the winner. You are giving it away, to a good cause, publicly, in a way that subverts Microsoft’s original intention. Very cool.

  12. this is petty of you.

    Microsoft shows a new face and asks for opinions from people who give them, and you reject the offer for the “ethics” of it? After you yourself have previously received gifts from other companies?

    Vista is going to be the new head of the field regardless of what anyone says, but they asked for your say. They were willing to consider it and you scream ethical rape because it’s Microsoft. Actually, you’re rather passive in your posts about this which leads me to think this is more fan-based than an ethical issue.

    So, let me talk to the wide with the air.

    Integrity comes from your actions after attempts at being coerced. You give up that chance and play saint by auctioning the issue to charity. Though, as lovely as it is when the “haves” bicker with themselves above the “have-nots” dropping the scraps of their arguments cast down as “charity,” you give your opinion away in hopes of preserving not some ethical tradition already set at scorn, but a stasis with your readers - or metooisms. Your own actions here are ethically questionable.

    I will say I am a fan of your blog and have read it for a few years now, but you have just guaranteed me of a thought I have been suppressing for that same time - that bloggers truly are non-users.

  13. How ironic.
    Shows you how good things can come out of bad.
    Even proceeds from the evil empire and Microsoft Vista can be converted into something good as well as usefull.
    It is similar to beating swords into plowshares.

  14. B Welsh - I’m not sure what you are smoking, but where did I say that I was doing this because of “ethics”. Also, why are you making stuff up? “After you yourself have previously received gifts from other companies?” Please provide an example of these “gifts”. Companies have not sent me any gifts.

  15. I really wouldn’t do that! As far as I understand it the machine is not yours, Microsoft never actually gave it to anyone, they just sent it to you and said that you can keep it as long as you wish. But that is not the same as giving it to you! I would at least consult a lawyer before selling it, otherwise Microsoft might be able to make a small hell of your life!

  16. matus - Here’s an interesting idea, before commenting on a post, why not actually read it first? If you look at update #3 you’ll see that Microsoft did not provide any information regarding what to do with the laptop. It was in fact giving to me and they even used the word “present”.

    Regarding consulting lawyers, just who do you think makes up the staff of EFF? Oh right, you didn’t read my post. Like the part where I said that one of the reasons for giving back to EFF was for all the free legal advice they have given me.

  17. Bravo for you Scott. I would buy if I had the money. I hope everything goes well for you. Oh and I am an EFF donor too. Also B Welsh, you are a person of no principle and I take it you are a M$ fuddie..

    Alex DeWolf

  18. You should have wiped the hard drive first.

  19. How ridiculous B Welsh. Microsoft’s program of sending gift laptops to bloggers had little to do with getting their feedback — if that was the intention, the laptops could have been provided as a loan and then picked up by Microsoft a couple of months later. And besides, Microsoft doesn’t need ‘feedback’ on Vista at this point — it has had years of beta testing and has now sealed off the code. What it needs at this point is ‘publicity’ to ‘drum up sales’, which is unquestionably the reason behind sending expensive gifts of top-of-the-line laptops to bloggers.

    As for whether it’s inappropriate for Scott to sell it, Microsoft gifted the laptops in the first place, and has sent a followup email to most of the bloggers insisting that they do either dispose of it after their review or return-to-sender.

    Anyway, I doubt at this stage Microsoft cares much at all what happens to the laptops. I imagine it wishes it could wash its corporate hands of the whole cursed thing. No doubt a few Microsoft people and Edelman staffers are currently going through a high-stress period of their lives.

  20. After being listed on DIGG.com I checked eBay and the laptop is now listed for just over $20 thousand dollars. After being online for about 1 day, I think this auction might be fraudulent with users posting fake bids.

  21. Wow! As of 10am PST the bidding passed the 20K mark. It will be a very nice donation indeed!

  22. Yeah, we are aware of the high bids. I have contacted eBay to have them verify the bidders and have been waiting to hear back from them.

  23. Scott, great idea. I received product from a company I will not name, and as a freelance journalist who writes for many outlets and my own sites, I could not keep them. The company did not want them back. So I auctioned them on eBay, and sent several hundred dollars to charity (including an extra amount to cover the tax benefit to me since I was also giving additional cash).

    To those on this forum and elsewhere who think Scott is doing something wrong, remember that unsolicited merchandise received by you is yours. This is a long-standing law in regards to the US Mail, and I expect that other carriers qualify. There was apparently a time in which companies would ship products and then demand payment without having received an order from a person. So Scott is basically in the position of having received an unsolicited product coupled with email that explicitly states that it is his. IANAL, and I can still tell that there’s no possible way that he could be compelled to return that laptop.

    As for ethics — there’s no good way for a journalist (which Scott doesn’t accuse himself of being) to accept free products or services from a company. Scott’s certainly in a better position since he doesn’t (I believe) write or contribute to publications or participate in organizations that specifically tell their contributors or members to not accept gifts from companies.

    There was a whole kerfuffle a few months ago when an article appeared about NY Times columnist David Pogue having accepted free hard drive restoration from Drivesavers. While Pogue had disclosed that he had received the service for free in his regular NY Times email newsletter, he had not told NPR and CBS, where he discussed the service, about that element. This was tricky because before this point, the Times didn’t necessarily require that services be paid for or reimbursed. And what Pogue received was a service and he disclosed that fact. To be squeakier clean about it, the Times now pays for any service that they cover. Times policy doesn’t allow hardware sent for review to be kept.

  24. Good to see you’ve got integrity. I liked you before, now I like you more. And you couldn’t have picked a better recipient for the proceeds.

    Well done, you’ve handled this perfectly, you have my respect!

    eth0

  25. Nicely done, Scott. I can’t imagine how a company like Microsoft could do something so stupid. I was under the impression that they were good at marketing even if they weren’t the world’s best computer scientists; but I appear to have been mistaken.

    Reacting to the stupidity with style and grace is far more effective than reacting with a rant. Well done, again.

  26. Maybe off topic but why are all americans afraid of the rest of the world when selling on ebay ??

    Since a lot of people around the world are following this story, EFF would probably gain even more if the auction was world wide.

    Just my 2 cents..

  27. It might sell for even more money if you put on it the latest Linux distribution :^)

  28. I just looked at the ebay auction …. it’s up to $3650.00, and the high bidder is coffeeBSD …. it may be going to a better life after all, especially if it has an Open Source OS like BSD on it for the rest of it’s life :lol:

  29. Hello Scott,

    Would appreciate it if you could support my blog below: http://vistaferrari.blogspot.com

    It’s good to hear that you’re donating money raised to charity.

    Thanks!

  30. Didnt you find a better way to get free publicity you idiot? Why dont you just keep the laptop or send it back? Why do you have to be a crusader?
    Stupid fool

  31. And couldn’t you find a better way to spew your poison Prashanth? If you don’t like it, don’t read it. What’s being done with the laptop will benefit all of us through EFF defending our digital rights. Including, I guess, your right to subject us to your senseless and deprecating blather.

  32. wow, what’s going on here guys? ;-) well, i prefer apple notebooks!

    cheers,
    michael

  33. I have never tried an APPLE and never want to, sorry. But this is truly awesome. Bravo for the good cause.

  34. I’ve never owned an apple, and although they seem to own the market when it comes to MP3 players and superior graphical software, I’m still a hardcore PC fan. Charity is always nice, though.

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