I wonder if they would have won the lawsuit if they simply brought this up - We're happy to refund you the price of the laptop if Windows was not pre-installed

I wonder if they would have won the lawsuit if they simply brought this up - We're happy to refund you the price of the laptop if Windows was not pre-installed and with all of the other bundled software: Please pay us $50. It kinda makes sense to just buy the laptop with windows and then flatten and re-install linux.