Windows Vista Laptop on eBay, Proceeds Going To EFF

by Scott Beale on December 28, 2006 · 100 comments

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.

Here Are A Few Related Posts You Might Enjoy:

Update on Windows Vista Laptop Blogger Controversy

Microsoft Sent An Acer Ferrari Laptop With Windows Vista

Windows Vista Laptop Auction Traffic

PC World: Fastest Vista Laptop, An Apple MacBook Pro

coffeebsd Wins Laptop Auction, Over $3450 Going to EFF

filed under Uncategorized

{ 26 trackbacks }

Laughing Squid » Update on Windows Vista Laptop Blogger Controversy
December 28, 2006 at 1:38 pm
Laughing Squid » Microsoft Sent A Free Laptop With Windows Vista
December 28, 2006 at 1:39 pm
POP! PR Jots
December 28, 2006 at 3:36 pm
Reach out and delete a useless file for someone! » Coolest Gadgets
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Blogger und Vista at Timo Heuers Weblog
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Beyond the Niche » Great Example of Generating Buzz….
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Dr. Bill: The Computer Curmudgeon » Blog Archive » Twist on the “Free Vista Notebooks!”:: Dr. Bill Bailey ruminates on computers, the web, life, the universe... and everything!
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stepheno.net
December 29, 2006 at 6:37 am
Search Marketing Gurus | Search Marketing Tips, Advice, Strategies
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Das CIO Weblog
December 29, 2006 at 9:33 am
Bloggers, return your laptops to Microsoft! - franticindustries.
December 29, 2006 at 10:01 am
My thoughts on the Laptops, Microsoft, and Bribbing Bloggers at MSTechToday
December 29, 2006 at 12:22 pm
Net 2.0 » Blog Archive » Digital Inspiration - Fake posts
December 29, 2006 at 1:07 pm
Jack Of All Blogs » Blog Archive » So Microsoft and Edelman Scored A Major Hit
December 29, 2006 at 1:33 pm
Laughing Squid » Windows Vista Laptop Auction Traffic
December 29, 2006 at 5:25 pm
writing dot cf » Blog Archive » links for 2006-12-30
December 29, 2006 at 11:22 pm
Tech Ticker » Blog Archive » Microsoft sent laptop now on eBay
December 30, 2006 at 9:16 am
Inside Home Recording » Trying vs. using, and disclosure in reviews
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GEEMODO
December 31, 2006 at 3:42 pm
Microsoft oferece Notebooks a blogueiros! Falta de ética ou marketing gratuito? at blog palmeirense falador
January 1, 2007 at 9:07 am
...ahora con internet los niños se te educan solos...
January 2, 2007 at 6:51 am
social media group corporate blogging » Blog Archive » Controversial declarations and smokescreens
January 3, 2007 at 6:33 am
bootlog | loading life » Microsoft no sabe hacer relaciones públicas
January 3, 2007 at 11:54 am
Laughing Squid » coffeebsd Wins Laptop Auction, Over $3450 Going to EFF
January 4, 2007 at 3:03 pm
AngrySparrow » Windows Vista Laptop on eBay, Proceeds Going To EFF
January 5, 2007 at 10:16 am
Veličković :: blog » Isplati se
February 1, 2007 at 3:06 am

{ 34 comments… read them below or add one }

1 Toria December 28, 2006 at 1:34 pm

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!

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2 Shaun December 28, 2006 at 4:59 pm

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

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3 Squiddy December 28, 2006 at 9:32 pm

Thank you so much for doing the right thing.

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4 Andru Edwards December 28, 2006 at 9:46 pm

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.

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5 Dan Warne December 28, 2006 at 9:52 pm

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

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6 Keith December 28, 2006 at 10:52 pm

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

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7 John December 28, 2006 at 10:59 pm

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

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8 Steve December 28, 2006 at 11:26 pm

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

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9 panique December 28, 2006 at 11:50 pm

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

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10 Jon Davis December 29, 2006 at 12:44 am

Very cool guys (donating to the EFF).

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

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11 Goran Zec December 29, 2006 at 2:39 am

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.

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12 B Welsh December 29, 2006 at 3:21 am

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.

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13 Max Rubin December 29, 2006 at 3:46 am

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.

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14 Scott Beale December 29, 2006 at 4:52 am

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.

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15 matus December 29, 2006 at 5:35 am

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!

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16 Scott Beale December 29, 2006 at 5:48 am

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.

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17 Alex DeWolf December 29, 2006 at 6:12 am

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

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18 Joe December 29, 2006 at 7:22 am

You should have wiped the hard drive first.

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19 Dan Warne December 29, 2006 at 7:23 am

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.

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20 virtualscribe December 29, 2006 at 10:22 am

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.

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21 Greg Stevenson December 29, 2006 at 10:47 am

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

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22 Scott Beale December 29, 2006 at 10:56 am

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.

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23 Glenn Fleishman December 29, 2006 at 11:06 am

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.

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24 eth0 December 29, 2006 at 1:39 pm

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

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25 Peter Bradley December 29, 2006 at 2:11 pm

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.

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26 Anders Hellquist December 29, 2006 at 3:33 pm

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..

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27 John December 30, 2006 at 2:59 am

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

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28 Jim December 30, 2006 at 6:37 pm

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:

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29 Omar December 31, 2006 at 6:12 pm

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!

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30 Prashanth January 2, 2007 at 9:50 am

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

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31 morninglori January 2, 2007 at 4:34 pm

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.

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32 Michael April 23, 2007 at 1:41 pm

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

cheers,
michael

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33 ebay auction October 26, 2007 at 6:29 pm

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

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34 trademark registration November 26, 2007 at 11:08 pm

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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