This is Microsoft's official position. It's not Toshiba's policy to give refunds. The user isn't paying for the software, it's bundled in with the entire package. One notebook, distributed by Cambridge, MA's PCs For Everyone, also includes Linux. But it's harder to get a Windows-free desktop workstation or a notebook computer from the established vendors or stores.
Consumer groups say the key lies with the larger manufacturers.
They should put pressure on the OEMs, who are part of the deal. But ultimately, the government should step in and fix this problem. I say that because what they did in 1995 didn't work. It is broke, fix it. They have to go back to the basics and fix it, and it also has to cover Windows NT and Microsoft Office.