Italy’s High Court has ordered HP to refund a customer in Florence 140 euros ($200) for the Windows license he needed to pay when purchasing a new computer, in a new case that really sets a precedent which could in the end really hurt Microsoft.

Here’s the story so far: an Italian customer purchased an HP computer that came with a pre-installed copy of Windows, and as is the case with new PCs, the operating system license also reflected in the final price of the device.

The Italian buyer, however, didn’t agree to pay for Windows, and although he actually purchased the computer, he decided to start legal action against HP for "forcing him to get the license he did not want."

While that clearly sounds a little bit odd since many computers come with pre-installed copies of Windows, the judge ruled that HP’s decision to sell PCs with an operating system that was not available for free was what he called "a commercial policy of forced distribution."

Buyers would be forced to purchase new software

The High Court explained that by bundling Windows on a new computer, the manufacturer also forced buyers to pay for additional software because of compatibility and interoperability issues.

There’s no doubt that such a decision could significantly impact Microsoft’s sales and the relationship with OEMs, but it also sets a new precedent that could convince more buyers to ask for their money back after purchasing a new device.

Microsoft hasn’t yet issued a statement on this, but we’ve already contacted the company for more information on the way it sees the judge’s decision, so we’ll update the article when and if we get an answer.

The Free Software Foundation jubilates

Unsurprisingly, some of the organizations across the world trying to push open-source software and alternatives to Microsoft’s software are really pleased with the decision, which they describe as a significant step forward in the fight against the “Windows tax.”

The Free Software Foundation claims that all the other states should follow Italy’s example and stop the involuntary payments to Microsoft that everyone needs to agree with when purchasing a new PC.

"This decision is both welcome and long overdue," says Karsten Gerloff, president of the Free Software Foundation Europe. "No vendor should be allowed to cram non-free software down the throats of users."

"This practice of forced distribution needs to end," says Gerloff. "We hope that the Italian authorities will turn this ruling into a real win for consumers, and ensure that computer buyers can choose their device with any operating system they want, or none."