UK retailer Comet sued by Microsoft

[hazelnut]

Microsoft is suing Comet for selling 94,00 counterfeit copies of Vista and XP recovery cd's.

 

http://www.theverge.com/2012/1/4/2681319/microsoft-comet-counterfeit-windows-lawsuit

 

Given that Comet stores were recently sold for the massive sum of £2 it makes you wonder how they will get the money.

[Winapp2.ini]

Wow, both are claiming to be correct in their actions.... but I assume microsoft has enough resources to either win or drag this out until Comet gives up.

[Corona]

Not the same company that made Comet cursors, are they?

[Winapp2.ini]

Lol, i don't think so

[Super Fast]

This is so wrong!

 

Microsoft thinks the retailer owes them for the recovery disks they bundle with the PC's they sell.

If a computer has Windows on it, then the consumer has already paid for Windows once.

 

Should they have to pay double for it?

[Alan_B]

Windows is known to break.

If there is no recovery disc then Windows is not fit for purpose,

and everyone should get a 1oo% refund from Microsoft.

[Super Fast]

If Microsoft keeps on suing people for having anything to do whatsoever with their so called intellectual property called Windows, then I perceive a world either void of computers, or full of linux mint!

[Andavari]

Not the same company that made Comet cursors, are they?

I don't think so. But if it ever were may Microsoft slay them.

[Winapp2.ini]

I don't think so. But if it ever were may Microsoft slay them.

 

And how!

[Nergal]

I think everyone is missing the point here, the store allegedly was MANUFACTURING copies of a windows install ISO (I assume the kind provided with MVK this was against the license. Nothing was stopping Comet from providing the CD that came with the installed license (if one came with it see article below)

 

you know that hologram disc ms makes comet was allegedly recreating that look & then giving it to the customer with out the buyer being aware.

 

source: http://www.dailytech.com/Microsoft+Claims+Top+UK+Retailer+is+Piracy+Kingpin+Gets+Counterattacked/article23665c.htm

 

however I kinda agree with this assessment from the same article

While Microsoft may be technically correct from a legal perspective -- Comet has no right to reproduce its product without permission and masqerade it as a Microsoft distributed product -- its stance against recovery discs and decision to liken the printing to piracy is somewhat questionable.

 

After all, any user can and should make recovery discs to prevent having to repurchase their OS in the event of a catastrophic system failure. But do so takes time, effort, and a bit of knowledge, so often users don't make recovery discs.

 

Microsoft isn't arguing that it's illegal for customers to make recovery discs. It actually promotes that. But it's fight against OEMs or brick and mortar retailers like comet going out and mass producing recovery discs as a consumer courtesy.

 

This is a curious move, given that the discs can't install Windows without an existing installation to repair and even if you could somehow trick the installer into running the process, you would still need a serial key, make the prospect of piracy unlikely.

 

It's more curious in that U.S. retailers have sold Windows XP/Vista recovery disks without reprimand, although its possible these large players ahd some sort of financial understanding with Microsoft.

[login123]

Well, phooey. Hazelnut's Verge article suggests that Comet was "bundling" the disks (for free??) and Nergal's DailyTech article says it sold them (third paragraph down). It's important, as most oems (in my limited experience) only allow making them once per computer. So if Comet made'em, I gotta have'em.

 

What this world need is good reporters.

[Nergal]

What this world need is good reporters.

That's the truth

 

According to Reuters (on the same day as Hazelnut's article)

 

Microsoft, or the PC manufacturer, used to provide the recovery disks but stopped doing that in 2007, the (Kesa/Comet) spokesman said.

"There was a number of disks made, on which there was a cost and Comet charged this to the customer."

[login123]

That sounds worse for Comet. I'm gonna follow this one, it has interesting twists.

For example, if I own the computer, I am encouraged to make backup disks. Did Comet "own" the computer when they made the disks? Does it matter that they quit when microsoft called them on it? Did they charge extra and does that matter?

 

Fwiw, microsoft will sue ya for sure. Few years back they sued a small mom and pop computer shop and won a judgement for 8 or 10 times the worth of the store. Before legal fees. Not a criticism, just a statement. These guys were selling counterfiet counterfit phoney disks outright.