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Hardware 2.0

Adrian Kingsley-Hughes

Microsoft takes legal action against UK retailer Comet

By | January 4, 2012, 3:38am PST

Summary: Company accused to creating and selling 94,000 counterfeit copies of Windows Vista and Windows XP recovery discs.

Microsoft has taken legal action against UK PC retailer Comet, claiming that the company created and sold 94,000 counterfeit copies of Windows Vista and Windows XP recovery discs which were then sold on to customers.

Microsoft is accusing Comet of producing the counterfeits at a factory in Hampshire and then selling the media to customers from its retail outlets across the UK.

“As detailed in the complaint filed today, Comet produced and sold thousands of counterfeit Windows CDs to unsuspecting customers in the United Kingdom,” said David Finn, associate general counsel, Worldwide Anti-Piracy and Anti-Counterfeiting at Microsoft. “Comet’s actions were unfair to customers. We expect better from retailers of Microsoft products — and our customers deserve better, too.”

Two points stand out here for me though.

  • This case involves recovery discs and not the OS installed on the PCs.
  • Reading between the lines it seems that Comet might have been selling Windows recovery  discs to people who had lost/misplaced theirs and that Microsoft wasn’t getting a cut of this.

If you have any doubts as to the legitimacy of any Microsoft software you might have, take a trip over to http://www.howtotell.com to learn more about how to identify dodgy software and, if in any doubt, report it to Microsoft.

It goes to show that even if you buy from a reputable source, you can still get burned.

[UPDATE: A statement from Comet doesn’t deny creating recovery media but the company ’sought and received legal advice from leading counsel to support its view that the production of recovery discs did not infringe Microsoft’s intellectual property’ and the company ‘believes its customers had been adversely affected by the decision to stop supplying recovery discs with each new Microsoft Operating System based computer.’

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Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

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Adrian Kingsley-Hughes

All opinions expressed on Hardware 2.0 are those of Adrian Kingsley-Hughes. Every effort is made to ensure that the information posted is accurate. If you have any comments, queries or corrections, please contact Adrian via the email link here. Any possible conflicts of interest will be posted below. [Updated: February 23, 2010] - Adrian Kingsley-Hughes has no business relationships, affiliations, investments, or other actual/potential conflicts of interest relating to the content posted so far on this blog.

Biography

Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology -- whether that be by learning to program, building a PC from a pile of parts, or helping them get the most from their new MP3 player or digital camera.

Adrian has authored/co-authored technical books on a variety of topics, ranging from programming to building and maintaining PCs. His most recent books include "Build the Ultimate Custom PC", "Beginning Programming" and "The PC Doctor's Fix It Yourself Guide". He has also written training manuals that have been used by a number of Fortune 500 companies.

Adrian also runs a popular blog under the name The PC Doctor, where he covers a range of computer-related topics -- from security to repairing and upgrading.

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RE: Microsoft takes legal action against UK retailer Comet
paulspencer2001@... 4th Jan
To me there is not enough informations provided as to what was being sold or charged for. If Comet was verifiing that the purchaser had a valid product ID that was located on the computer that the person was tring to get a recovery cd/dvd, I don't see a problem as long as they were only charging for the dvd media and the time for someone to create the disks. Microsoft should have already been paid for the copy of windows when the computer was purchased. If on the other hand there was no one checking for a product ID for said computer then they was wrong in saleing said disks.
Interesting but let's see the details.

If the disks are unlicensed, ie Microsoft hasn't been paid, I will be very surprised.

Comet are already at death's door.
I said this on Whittaker's blog and I will say it again - recovery disks are provided by the OEM and as such they choose if they want to provide them as a separate partition or as DVDs. Even a separate partition allows you to create recovery disks for your system using blank media if you so choose. Ultimately, Microsoft licenses the copy of Windows, but OEMs control how it is distributed for recovery.
@statuskwo5 And Comet is just a retailer, they don't make any PCs, so they had no right to make / sell recovery discs. If they had given the discs away as a goodwill gesture, I would say Microsoft are being over zealous.

If Comet were making money off of the CDs/DVDs, then that is wrong and they should be brought to book for it - they should have asked the manufacturers to supply the DVDs, not burn their own copies and charge for them.
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To me there is not enough informations provided as to what was being sold or charged for. If Comet was verifiing that the purchaser had a valid product ID that was located on the computer that the person was tring to get a recovery cd/dvd, I don't see a problem as long as they were only charging for the dvd media and the time for someone to create the disks. Microsoft should have already been paid for the copy of windows when the computer was purchased. If on the other hand there was no one checking for a product ID for said computer then they was wrong in saleing said disks.

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