It's very unlikely that you can do much, unless you
want to put the work into building a test case. These
links might be interesting:
http://www.netcraft.com.au/geoffrey/toshiba.html
http://www.linuxjournal.com/article/7040
Microsoft makes a significant portion of their revenue
by creating a situation that forces people to buy
redundant licenses. A few years ago they even started
to threaten system builders, telling them that selling
a bare PC is tantamount to "piracy". Their logic was that
virtually everyone uses Windows, so a bare PC would
have to end up getting an illegal second install put onto
it. That despite the fact that MS sells a Full Version license
that can be legally transferred.
(Microsoft was going to make even the Full
Version license non-transferable with Vista, but last I
heard they had yielded to general outrage on that point.)
You have every right to buy a PC without Vista,
but if Dell won't sell it that way there's not much you
can do. Even if Dell will sell it that way, they may
actually charge more for it. Dell can't afford to not
do what MS tells them to do, and MS works very hard
to define Windows as a hardware-licensed product.
These questions often get a response in this group of
"Take it back if you don't agree with the EULA". But that's
really a deeply disingenuous thing to say. Unless you have
a Win9x or Win2000 CD that predates product activation,
and you also build your own PCs (and laptops, in your case),
there's not much you can do, and you're likely to end up
buying rednundant licenses sooner or later. The average
person is stuck with whatever the OEMs give them. That's
why pre-installed Windows is referred to as the "Windows tax".