A class action lawsuit against Microsoft has been filed in Italy by a group claiming that it's too difficult to procure a refund for the copies of Windows that come bundled in new PCs.

The case, which was filed in Milan by the Associazione per i Diritti degli Utenti e Consumatori (ADUC), and picked up by The Register earlier today, points to Microsoft's end user license agreement (EULA)--as outlined in various copies of Windows--noting that once users turn their computer on and begin to use it, they are no longer able to return the software for a refund.

Furthermore, the group says consumers who buy computers with OEM copies of Windows installed have more difficulties in getting a refund than those who purchased a retail copy of the OS. The lawsuit notes that users who buy and install the OS itself, but that don't agree to the EULA, are entitled to a return from the place where they bought it. OEM buyers, however, are at the whim of their system seller or installer for a refund, which has historically proven to be a difficult process, it says.

To avail these issues, the class action suit seeks a hearing and also to nullify the section of the EULA that requires users go to OEMs instead of Microsoft for refunds.

Full story: c|net