Tag Archive | FTC

Top 10 Linux FUD Patterns, Part 8

Linux FUD Pattern #8: Linux will void your warranty

Will the use of Linux void the manufacturer’s warranty of your computer hardware? This is one fear that prevents some people from making the leap to Linux, which is why it is on my Top 10 List of Linux FUD Patterns. The short answer is, it depends; however, there are steps that you can take to increase your probability of receiving service under a warranty.

What Is A Warranty?

A warranty is a seller’s obligation to provide a remedy when a product fails to meet the conditions of the warranty. The conditions and the remedies are specific to the warranty for a product, though some warranties are legally implied and need not be explicitly expressed. The Federal Trade Commisison provides a very informative page describing warranties.

Conditions under which a buyer may exercise the right to receive a remedy usually concern attributes of product quality. Express warranties are an incentive to the buyer, because it shows that the seller is willing to stand behind its products and protect the consumer from unintended defects that arise during manufacturing or during normal use. The definition of normal (or “intended”) use may be specified in the conditions.

In the United States, Article 2 of the Uniform Commercial Code governs warranties, both express and implied. Sellers are legally limited in the extent to which they can disclaim warranties. Specific statutes are established at the state level. Moreover, the Magnuson-Moss Act of 1975 was enacted to make warranties more readily understood, but its application is limited to consumer (read: household) products.

Why Not Honor Warranty Claims?

Why would a company not want to honor a claim made against its product warranty? In a word: cost.

Warranties are considered to be contingent liabilities for financial accounting purposes. At the time of sale, a reasonable estimate of warranty costs can often be made. This also means that until the costs either are realized (e.g. warranty work is performed) or expire (e.g. at the end of the warranty period), the obligation to replace or repair the product in question impacts the financial health of the seller or manufacturer. Depending on the product, such obligations can be significant. Financially, expiration is much better than realization because it does not impact cash.

Moreover, the cost of troubleshooting and repairing a system with a nonstandard OS installed is higher than that for a standard configuration because time must be spent either learning to work within the unfamiliar operating environment or time is spent working around that environment. It’s also much easier to determine when a problem is not a result of manufacturing or normal use when the technician is working within a known environment as it has been (pre)installed by the seller. If you replaced the software used by your automobile’s internal computer with a variety of your own, do you really think a dealership or even an independent mechanic is prepared (much less willing) to assist?

What’s worse, if a component of a product that provides some sort of control over the use of the product for the purpose of maintaining or extending its useful life, then the replacement or modification of that component may cause hard to the product as a whole. This is obviously not a manufacturing defect and is unlikely to be considered “normal use”. The extent to which an OS fits this description depends on what functions the OS provides (e.g. teperature control).

Read Your Warranty!

Ultimately, the answer to the question lies in the language of the warranty itself. A statement of warranty is a legal document and the one shipped with your new PC was probably written with or by a lawyer. The specific conditions and remedies are contained therein. READ YOUR WARRANTY! This will be the primary source of coverage information should you decide to take a dishonored claim to the courts. If it is that important to you, read the warranty before you buy the computer and only buy a computer with a favorable warranty.

Rest assured, the company will probably steer clear of violations of implied warranty, which means that they will probably not refuse to replace items that pose grave safety hazards, such as exploding laptop batteries. Dealing with your non-standard OS is much less costly than a court settlement with your home insurance company or your estate. A motherboard or power supply that stops working altogether is not a grave safety issue and claims regarding these issues are subject to more scrutiny.

HP Case Study

An exegesis of each and every warranty provided by every PC manufacturer over time is far beyond what I can do here. But, since a Web search for ‘Linux’ and ‘warranty’ readily retrieves stories about Hewlett-Packard, and since my family has two HP laptops in the household currently, I decided to do a little research on their warranty specifically. Here’s what I found, followed by an account of my own experience with HP support.

The HP warranty is published online, so rather than quote what is on my warranty card, I thought it might be more useful for the reader to have access to the warranty disclosed publically. In the first paragraph of the “Limited Warranty” section, the application of the warranty conditions is expressly limited to hardware products and specifically excludes software and non-branded peripherals. The section continues to explain the HP guarantee, the customer’s entitlement to receive hardware warranty service, and the conditions for repair or replacement.

The “Software Limited Warranty” section near the bottom of the warranty page explains that HP’s obligations are limited to defects in the removable media (i.e. floppies, CDs, DVDs, etc.) shipped with the product, and then, for only a period of 90 days. Of course, the chance that an average PC customer is actually going to use the recovery or installation CDs for a preloaded PC within 90 days, especially for the express purpose of testing the media for defects, is pretty remote – good thing the expectations weren’t set too high for software.

That section also explicitly disclaims support for “freeware operating systems and applications.” Yes, Linux is Open Source and not freeware, but then, the actual verbiage of the paragraph refers to “software provided under public license by third parties” and that would include an aftermarket installation of any GPL software.

So far, so good. Hardware is supported and software isn’t. Uh oh…

There is a possible out for HP in the “Customer Responsibilities” section. For “best possible support”, the customer must be able to “run HP diagnostics and utilities” and even allow HP to monitor using “system and network diagnosis and maintenance tools”. No doubt, these are compiled for Windows only. “I’m sorry, we cannot fix a problem that we cannot diagnose. Good bye.”

This doesn’t mean that HP will not support you, but it does provide them with a logical and reasonable excuse not to do so. Indeed, HP reportedly clarified in early 2007 that the installation of Linux does not affect the warranty of the hardware so long as the software is not the cause of the problem being fixed.

Here is a case in point. In recent months, HP issued a recall of specific models of the Pavilion laptop due to a BIOS problem. As I understand it, the problem had something to do with the computer’s ability to regulate temperature, so units would overheat. Battery problems and other component failures were extreme symptoms. My wife’s laptop was one of the models listed, so I called tech support to schedule a repair. During the course of the conversation, I told the representative that I would remove the hard drive prior to shipment, primarily because it contained sensitive data (which was true). I also mentioned that Linux was installed and that the hard drive would be of little value in the repair process. The rep said that removal of the hard drive was acceptable. The unit was fixed and returned without incident.

How To Protect Your Warranty

Based on my experience and research, here are a few things that you can do to help ensure warranty service:

Troubleshoot the problem. If you are tech-savvy enough to run Linux, you probably know a thing or two about computers. Troubleshooting problems is a science, not an art, and the more you isolate the problem to a specific component, the more leverage you have with the warranty organization.

Buy a second hard drive. The only evidence of a Linux install is on the hard disk (unless you’ve replaced the Windows case badge with a Linux one, of course). When you buy a new PC, set up the preinstalled system, register it, remove the hard drive and store it in a safe place should you need to run vendor-supplied diagnostics. Buy and install a second hard drive for your Linux install and go to town!

Retain possession of your hard drive. Do what I did and tell them that you will be sending the unit in for repair sans hard drive. Data security is a big deal, even more so if the data in question is your employer’s data! Besides, the worthy repair facilities have their own diagnosis disks to use in lieu of a customer’s drive. You need not mention Linux at all. Of course, you cannot expect them the repair or replace a hard drive if you do not furnish the broken one.

Play it safe. Do not use software or perform other system tweeks that have the potential to harm hardware if you want the warranty honored. It is very unlikely that a standard Linux distro will cause such harm, but Linux does provide much more software access to hardware components than do other consumer operating systems. You may be surprised how easy it can be for the experts to determine how a component burnt out and the probable reasons as to why.


<< Go To Part 7 Part 9 Coming Soon >>


This article contains information on warranties, but does not contain legal advice. Opinions expressed herein belong solely to the author. If you have a warranty issue that may necessitate legal action, please contact a lawyer.