Windows Refund Day

Microsoft WindowsHistory of free and open-source software1999 protests
4 min read

They made their protest signs in a Denny's parking lot. On February 15, 1999, a group of Linux users arrived outside Microsoft's office at 950 Tower Lane in Foster City, California, carrying hand-lettered demands for something that should have been simple: a refund. Each of them had purchased a computer that came bundled with a copy of Microsoft Windows they did not want and did not use. The end-user license agreement said they could return it to the manufacturer for a refund. The manufacturers said Microsoft was responsible. Microsoft said the manufacturers were responsible. The protesters were trapped in a Catch-22 that perfectly illustrated the monopoly power of the world's dominant operating system.

The EULA Loophole

The core grievance was straightforward. In the late 1990s, virtually every personal computer sold by major manufacturers came bundled with a Windows license, and the cost of that license was built into the purchase price. For the growing community of Linux and open-source operating system users, this amounted to a compulsory tax on hardware. Microsoft's own end-user license agreement stated that users who did not accept the EULA could return the copy of Windows to the original equipment manufacturer for a refund. But when Linux users tried to exercise this right, they discovered a circular bureaucracy. OEMs directed them to Microsoft, saying they were not the manufacturer of Windows. Microsoft directed them back to the OEMs. In 1997, one Linux user documented a successful but lengthy refund process with Canon, whose manager admitted that Microsoft had never informed them they were supposed to issue refunds.

The Locked Elevator

The Bay Area protest was the most documented of several that took place at Microsoft offices across the United States that day. After assembling in the Denny's lot, protesters marched to the office building and attempted to present their case in person. A few tried to enter Microsoft's offices on the ninth floor. But someone had configured the elevator to disable access to that floor. Undeterred, protesters tried riding to the tenth floor and taking the stairs down, only to find the stairwell doors locked from the stairway side. Microsoft issued an official letter reminding the protesters that OEMs were responsible for refunds and noting that some manufacturers did sell computers with no operating system or with Linux preinstalled. After multiple attempts to reach the offices, the protesters left the building without a single refund.

The Point Was the Protest

Windows Refund Day did not achieve its stated goal. No money changed hands, and the bundling practices that prompted the protest continued for years. But as one protester acknowledged, the real objective was raising awareness of the catch-22 that made refunds practically impossible despite being theoretically guaranteed. The protest drew coverage from the BBC, the New York Times, and local television stations, putting the issue of software bundling and monopoly pricing in front of a mainstream audience. It was an early example of open-source activism that anticipated the larger antitrust battles Microsoft would face in the years ahead, a parking-lot revolution that began at Denny's and ended at a locked elevator.

From the Air

Located at 37.56°N, 122.28°W in Foster City, on the San Francisco Peninsula. The protest took place at 950 Tower Lane, a commercial office building. San Carlos Airport (KSQL) is approximately 3 miles south. San Francisco International Airport (KSFO) is approximately 5 miles northwest. Foster City is a planned community built on reclaimed Bay land, visible from altitude as a grid of streets and lagoons east of Highway 101.