Microsoft sues Comet over OS disk sales

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  1. Posts : 9,582
    Windows 8.1 Pro RTM x64
       #10

    kado897 said:
    pebbly said:
    Is'nt that which we always advise on the forum ? " Make a Backup image of the OS "
    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.
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  2. Posts : 10,455
    Microsoft Windows 7 Home Premium 64-bit Service Pack 1
    Thread Starter
       #11

    Dwarf said:
    kado897 said:
    pebbly said:
    Is'nt that which we always advise on the forum ? " Make a Backup image of the OS "
    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.
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  3. Posts : 5,941
    Linux CENTOS 7 / various Windows OS'es and servers
       #12

    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
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  4. Posts : 3,427
    Windows 10 Pro x64
       #13

    jimbo45 said:

    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.
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  5. Posts : 7,730
    Windows 7 Ultimate SP1 64-Bit
       #14

    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.
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  6. Posts : 7,466
    Windows 10 Home Premium 64bit sp1
       #15

    severedsolo said:
    jimbo45 said:

    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
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  7. Posts : 354
    Windows 8, Ubuntu 12.04 64bit, Pear Linux Triple Boot
       #16

    Solarstarshines said:

    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.
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  8. Posts : 9,582
    Windows 8.1 Pro RTM x64
       #17

    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.
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  9. Posts : 7,466
    Windows 10 Home Premium 64bit sp1
       #18

    Dwarf said:
    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
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  10. Posts : 10,455
    Microsoft Windows 7 Home Premium 64-bit Service Pack 1
    Thread Starter
       #19

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