Microsoft sues Comet over OS disk sales

[kado897]

Microsoft is to sue UK electronics retailer Comet for making tens of thousands of allegedly unauthorised CDs for its Windows operating system and selling them to customers.

The US computing giant has issued proceedings against Comet for allegedly creating more than 94,000 counterfeit "recovery discs" for its Windows Vista and Windows XP operating systems and selling them to customers.

But the retailer says it will contest Microsoft's claim, saying that it acted in the interests of consumers because Microsoft had stopped supplying the recovery discs with new computers.

The CDs were sold to Comet customers who had bought PCs and laptops that come pre-loaded with Windows, allowing them to rebuild the operating system in the event of a serious crash.

More here. Microsoft to sue Comet over 'fake' Windows discs | Technology | guardian.co.uk

 

[Qdos]

Ouch, and weren't comet recently sold for two pounds as the firm were on the brink of going into administration... so I wonder if Microsoft could actually find themselves the owner of the retailer as there my not be enough money in the pot to settle the damages if the allegations are proven...

 

[Golden]

Wow!

 

[Dwarf]

Why would MS be interested? If it does happen, they will find themselves inundated by people wanting to make warranty and other claims on a wide range of household goods, such as fridge/freezers (both combined and individual), washers, dryers, cookers, microwaves, vacuum cleaners, irons, toasters, kettles, etc.

Therefore, I can't see this happening. It wouldn't be viable for MS, neither commercially or, more importantly, financially as it would then have to provide sufficient capital should the retailer collapse.

 

[Qdos]

Apparently Comet are denying copyright infringement... and the takeover hasn't been finalised...

Comet 'sold 94,000 pirate Windows CDs', claims Microsoft ? The Register

"In an official statement, Comet told The Reg it had sought legal advice from "leading counsel" to "support its view that the production of recovery discs did not infringe Microsoft’s intellectual property."

 

[kado897]

Not surprised they are going broke. They are generally overpriced especially compared to onliine retailers.

 

[seekermeister]

Perhaps I'm missing the point, but a recovery CD is not the same as a backup copy of the OS CD. At least when I made one within the OS, the amount of space used on the disc was much smaller. If a recovery CD can't be used to install the OS, then I see no harm or infringement by producing, selling or giving these discs away to customers that otherwise would be left holding the bag.

 

[pebbly]

Is'nt that which we always advise on the forum ? " Make a Backup image of the OS " :roflmao:

 

[kado897]

I couldn't agree more and I think the computer manufacturer as the OEM can do this but Comet is a retailer. Unfortunately for Comet and other retailers they get the flack if something goes wrong.

Perhaps I'm missing the point, but a recovery CD is not the same as a backup copy of the OS CD. At least when I made one within the OS, the amount of space used on the disc was much smaller. If a recovery CD can't be used to install the OS, then I see no harm or infringement by producing, selling or giving these discs away to customers that otherwise would be left holding the bag.

 

[kado897]

Is'nt that which we always advise on the forum ? " Make a Backup image of the OS " :roflmao:

Yes but we don't advise the OP to sell it.

 

[Dwarf]

Is'nt that which we always advise on the forum ? " Make a Backup image of the OS " :roflmao:

Yes but we don't advise the OP to sell it.

And that is the key point. We advise users to make a backup of the OS preinstalled on their own laptops/desktops if an OS disk isn't included using the utility provided by the manufacturer. That is fine for your own personal use, but when it comes to doing what Comet have done, well that is completely different. In effect, they are supplying an OS without authority. Surely what they could (and, perhaps with hindsight, should) have done is supplied a blank DVD with each machine so that the buyer could make his or her own backup using the built-in utility.

 

[kado897]

Is'nt that which we always advise on the forum ? " Make a Backup image of the OS " :roflmao:

Yes but we don't advise the OP to sell it.

And that is the key point. We advise users to make a backup of the OS preinstalled on their own laptops/desktops if an OS disk isn't included using the utility provided by the manufacturer. That is fine for your own personal use, but when it comes to doing what Comet have done, well that is completely different. In effect, they are supplying an OS without authority. Surely what they could (and, perhaps with hindsight, should) have done is supplied a blank DVD with each machine so that the buyer could make his or her own backup using the built-in utility.

Or if they were really interested in customer service offered to do it for them before they left the store.

 

[jimbo45]

Hi there
Apart from another Lawyers fest that will yield no advantage at all to either MS OR it's customers (other than the lawyers themselves) this case shows that the whole idea of selling computers without a proper OS install Disk is FLAWED. I've long since campaigned for OS install Disks to be sold with the computers instead of the usually bloated and horrible "Recovery Partition" that most computers are now sold with (notwithsatnding the fact that YOU HAVE PAID for the OS license and each machine comes with its own UNIQUE key - even if it's an OEM one).

I think COMET should be applauded in this instance -- they aren't infringing or pirating MS'es intellectual property rights -- but actually supplying a NEED for customers in supplying an OS disk that they've ALREADY PAID FOR.

Don't you just HATE the US lawyers -- these slimebags should just get back to doing something useful such as recovering money from rapacious banks or dropping the stupid laws like SOPA in trying to control the Internet.

Cheers
jimbo

 

[severedsolo]

I think COMET should be applauded in this instance -- they aren't infringing or pirating MS'es intellectual property rights -- but actually supplying a NEED for customers in supplying an OS disk that they've ALREADY PAID FOR.
Cheers
jimbo

Jimbo, while I agree with the sentiment of your statement, the fact is that Comet were selling these disks for £14.99. As far as I can see, Microsoft wouldn't (or couldn't) have had an issue with it, if they had just been giving them away.

They weren't just saying "oh by the way, here is a backup image, just in case" they were profiteering.

I agree that the disks should be supplied with the PC, I disagree with making the customer pay extra for them.

 

[seavixen32]

Microsoft will have received revenue from Comet for each computer that is sold under their volume licensing agreement so I don't see how the Redmond mob can complain at Comet for doing what Microsoft should have done in the first place.

Take HP as an example. If a customer hasn't created any recovery discs and their recovery partition is corrupted for any reason, HP will happily flog a set of recovery discs to the hapless customer.

As I see it, that's no different to what Comet are doing so are Microsoft going to sue the likes of HP as well? Somehow, I think not.

What I do know is that at the first chance to make a quick buck the lawyers are not backward in coming forward.

 

[Solarstarshines]

I think COMET should be applauded in this instance -- they aren't infringing or pirating MS'es intellectual property rights -- but actually supplying a NEED for customers in supplying an OS disk that they've ALREADY PAID FOR.
Cheers
jimbo

Jimbo, while I agree with the sentiment of your statement, the fact is that Comet were selling these disks for £14.99. As far as I can see, Microsoft wouldn't (or couldn't) have had an issue with it, if they had just been giving them away.

They weren't just saying "oh by the way, here is a backup image, just in case" they were profiteering.

I agree that the disks should be supplied with the PC, I disagree with making the customer pay extra for them.

I agree if it was payed for it should be supplied ,But here is the thing this is MS job to make sure the customer has the best experience

If the recovery Disc was sold at 14.99 a pop it is a small fee for the work of making the Disc in order to satisfy customer needs materiels do cost money

Ms shouldn't be crying about any of this by doing the right thing in supplying the Disc in the first place you can't blame a company for Fixing a larger companies redundent issues ,Not everyone has the know-how on how to make a recovery cd and OEM copies no matter what should be supplied

Almost like buying a car but never get the chance to use the radio that was supposedly supplied with it

If anything Comet did a brave move and had guts to show The MS giant what they should have done in the first place it just seems MS wants a chunk of the pie for someone else fixing there lack of support

 

[geeve420]

If the recovery Disc was sold at 14.99 a pop it is a small fee for the work of making the Disc in order to satisfy customer needs materiels do cost money

If anything Comet did a brave move and had guts to show The MS giant what they should have done in the first place it just seems MS wants a chunk of the pie for someone else fixing there lack of support

+1! HP charges you around $15 to $20 for the recovery disk, they are not free. I don't see MS going after them.

 

[Dwarf]

There is a subtle difference here. Namely HP are a computer manufacturer and, as such, are authorized to provide such disks on request if not already included with the PC. Comet are merely retailers, and are therefore not authorized in this way.

 

[Solarstarshines]

There is a subtle difference here. Namely HP are a computer manufacturer and, as such, are authorized to provide such disks on request if not already included with the PC. Comet are merely retailers, and are therefore not authorized in this way.

That might be true but the Big thing here is CUSTOMER SERVICE which MS lacks in period

They might not be Authorized like HP and the reason behinde that is they don't have the funds like HP to back it up

It is simple politics My hand will wash your's as long as you do it when i say so

 

[kado897]

I blame the OEMs for stopping supplying disk like they used to. It's all about profit.