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.
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...
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.
"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."
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.
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.
Last edited by kado897; 04 Jan 2012 at 15:05.
Reason: Clarification of reference