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Microsoft sues UK retailer Comet for selling over 94k counterfeit Windows CDs

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Re: Microsoft sues UK retailer Comet for selling over 94k counterfeit Windows CDs

#11

Post by macca321 »

m4tt wrote: post #7

Comet has issued a response to the lawsuit: “Comet has 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. “Comet firmly believes that it acted in the very best interests of its customers. It believes its customers had been adversely affected by the decision to stop supplying recovery discs with each new Mi…

Well I bloody hate it when you go round to fix your uncle's PC and then ask for the recovery CD and there isn't one because MS didn't want him to have one. Go Comet!

Re: Microsoft sues UK retailer Comet for selling over 94k counterfeit Windows CDs

#13

Post by dan1234 »

guelo wrote: post #12

I haven't bought a retail Windows PC in a while, is there not normally a Windows CD included?

Most manufacturers now rely on a hidden recovery partition on the HD instead of a recovery disc, though there is generally an option to burn one in the start menu.

Re: Microsoft sues UK retailer Comet for selling over 94k counterfeit Windows CDs

#14

Post by rmc »

hellweaver666 wrote: post #5

Comet are a shady bunch... they're well known over here for selling extended warranties that they refuse to honor. I've been stung by it myself but stupidly didn't do the research until it was too late.

For the record, most extended warranties in the EU are pointless. Under EU law there's a 2 year warranty on things (e.g. http://europa.eu/legislation_summaries/consumers/protection_... )

Re: Microsoft sues UK retailer Comet for selling over 94k counterfeit Windows CDs

#15

Post by dan1234 »

m4tt wrote: post #7

Comet has issued a response to the lawsuit: “Comet has 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. “Comet firmly believes that it acted in the very best interests of its customers. It believes its customers had been adversely affected by the decision to stop supplying recovery discs with each new Mi…

Did Comet seek Microsoft's permission to start mass producing recovery discs? Did they make any profit by selling them?

I'd imagine a certain amount of money will change hands and hasty apology made before the issue quickly disappears, especially considering Comet is currently being sold to another company.

Re: Microsoft sues UK retailer Comet for selling over 94k counterfeit Windows CDs

#16

Post by sigzero »

macca321 wrote: post #11
m4tt wrote: post #7

Comet has issued a response to the lawsuit: “Comet has 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. “Comet firmly believes that it acted in the very best interests of its customers. It believes its customers had been adversely affected by the decision to stop supplying recovery discs with each new Mi…

Well I bloody hate it when you go round to fix your uncle's PC and then ask for the recovery CD and there isn't one because MS didn't want him to have one. Go Comet!

There is generally a way to burn your own if you want them. That would be your Uncle's fault and not Microsofts. I am not an MS fan either. While I understand what Comet is saying to try and defend themselves, they cannot in this in this case.

Re: Microsoft sues UK retailer Comet for selling over 94k counterfeit Windows CDs

#17

Post by alexchamberlain »

So, was Comet burning a recovery disc on behalf of their customers? Therefore, you need a Windows machine for the disc to recover? Doesn't every IT tech carry a recovery disc in their wallet in case of an emergency?

Think I've missed something and the title seems a little misleading. Comet haven't been selling dodgy Windows knockoffs, just giving their (non-techy) customers a way to recover their (expensive) PC when (not if) it goes wrong.

Re: Microsoft sues UK retailer Comet for selling over 94k counterfeit Windows CDs

#18

Post by chalst »

sigzero wrote: post #16
macca321 wrote: post #11

Earlier quoted context omitted.

Well I bloody hate it when you go round to fix your uncle's PC and then ask for the recovery CD and there isn't one because MS didn't want him to have one. Go Comet!

There is generally a way to burn your own if you want them. That would be your Uncle's fault and not Microsofts. I am not an MS fan either. While I understand what Comet is saying to try and defend themselves, they cannot in this in this case.

MS have frequently insinuated that rescue disks are not clearly within the shrinkwrap TOS. For example, from Wikipedia, http://en.wikipedia.org/wiki/List_of_live_CDs:

> Microsoft representatives have described third-party efforts at producing Windows-based Live CDs as “improperly licensed” uses of Windows, unless you use it solely to rescue your own, properly licensed Installation. However, Nu2 Productions believes the use of BartPE is legal provided that one Windows license is purchased for each BartPE CD, and the Windows license is used for nothing else.[http://www.nu2.nu/pebuilder/licensing/]

I hope that Comet wins this one. What Comet was doing I think, in essence, follows the intuition that Nu2 gave. In any case, pushing back against these kinds of IP restrictions is basically a win for our freedom to tinker.

Re: Microsoft sues UK retailer Comet for selling over 94k counterfeit Windows CDs

#19

Post by chalst »

MS have frequently insinuated that rescue disks are not clearly within the shrinkwrap TOS. For example, from Wikipedia, http://en.wikipedia.org/wiki/List_of_live_CDs:

> Microsoft representatives have described third-party efforts at producing Windows-based Live CDs as “improperly licensed” uses of Windows, unless you use it solely to rescue your own, properly licensed Installation. However, Nu2 Productions believes the use of BartPE is legal provided that one Windows license is purchased for each BartPE CD, and the Windows license is used for nothing else.[http://www.nu2.nu/pebuilder/licensing/]

I hope that Comet wins this one. What Comet was doing I think, in essence, follows the intuition that Nu2 gave. In any case, pushing back against these kinds of IP restrictions is basically a win for our freedom to tinker.

Re: Microsoft sues UK retailer Comet for selling over 94k counterfeit Windows CDs

#20

Post by aes256 »

Ctech237 wrote: post #6

Unfortunately this seems to be common in the UK. If you go to http://www.laptopsdirect.co.uk they do the same thing. When you add a laptop to your basket they add a “Restore and Recovery Disk” to your order for £15 (~$24) even though laptops come with this CD sealed in the box or you can create it from an image file on the laptop. When I questioned them via telephone they quickly backed off and took it off the order.

The whole point of this lawsuit is that most manufacturers don't provide recovery disks anymore; hidden recovery partitions are the norm these days.

Comet apparently took it upon themselves to burn these disks for their customers, and this seems to be what Laptops Direct are doing as well, albeit charging for the privilege. If Laptops Direct have an agreement with Microsoft, then fair enough.

The average computer user won't think to burn a recovery disk until it's too late, hence the conundrum.

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