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

thenextweb.com

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

#21

Post by weego »

guelo wrote: post #12

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

If you buy a laptop you are pretty much guaranteed to have make a set of recovery discs as your first task (before cleaning off all the trialware and then trying to find a way to get rid of the hidden partition). Last time I did it the recovery discs weren't even a full windows install as such.

I always buy PCs that are pre-built from components and usually get an OEM disc of windows thrown in, but I gather if you buy a branded PC from a shop you are in the same boat as the laptops.

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

#22

Post by Deestan »

blasterford wrote: post #9
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.

Sorry to say it, but if you buy an extended warranty on anything you're wasting your money. The whole 'extended warranty' business is how retailers make their money, but are a complete scam. Hardly anything goes wrong these days, and the price of the extended warranty is far far higher than the risk of it going wrong.

It can work, though. Some retailers do it properly.

I have had use for it for a printer and a portable CD player. The extra warranty was about +10% of the product price, and they said it covered "anything, including kids dropping it on the floor or you spilling coffee on it".

Unsurprisingly, the CD player lid stopped working because the kids managed to knock it off a shelf. I took it back to the outlet and got a new one with no paperwork or questions asked.

A few months later the printer broke down because my hamster defecated severely into the paper feeder mechanism. This, too, was replaced with no cost to me.

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

#23

Post by VonLipwig »

The story is misleading. It say's that Comet sold 94k counterfeit Windows CD's.

Comet seem to say that as manufacturers stopped packaging computer's with CD's they decided to make their own.

Assuming this is true. Each computer had a valid Windows license. Comet decided to burn the CD's itself so users didn't have to try to make their own recovery disks.

I don't seem the harm. I mean.. users can make their own recovery disc's anyway can't they? Comet was just saving them a step?

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

#24

Post by dan1234 »

alexchamberlain wrote: post #17

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…

The problem seems to be that they haven't been giving their customers these discs, but selling them.

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

#25

Post by cooldeal »

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!

>because MS didn't want him to have one

I thought the PC manufacturers were the ones that used to give out recovery discs and not MS?

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

#26

Post by cooldeal »

chalst wrote: post #18
sigzero wrote: post #16

Earlier quoted context omitted.

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…

>MS have frequently insinuated that rescue disks are not clearly within the shrinkwrap TOS

BartPE is a live environment, not a restore disk by any means.

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

#27

Post by alexchamberlain »

dan1234 wrote: post #24
alexchamberlain wrote: post #17

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…

The problem seems to be that they haven't been giving their customers these discs, but selling them.

How much for?

It would be reasonable for them to charge a small fee for the disc and burning, as long as they made it clear the customer didn't have to buy it from them and that they could make this same CD at home.

I think Microsoft need to defend their IP, but not at the expense of a business trying to provide a genuine customer service. A conversation, rather than a court filing, may have been more appropriate in this case, especially as Comet has no money.

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

#28

Post by JacobAldridge »

blasterford wrote: post #9
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.

Sorry to say it, but if you buy an extended warranty on anything you're wasting your money. The whole 'extended warranty' business is how retailers make their money, but are a complete scam. Hardly anything goes wrong these days, and the price of the extended warranty is far far higher than the risk of it going wrong.

Like any insurance, it's a numbers game - homo economicus will gladly pay an extra 10% for extended warranty if they believe there's a >10% chance it will require replacing in that time.

Of course, those selling the insurance know the numbers best so it generally works to their advantage, which (in association with consumers who lose / forget their warranties) is a big revenue boon to retailers, as you note.

Recognising when you are an edge case helps - I always buy extended warranties on microwaves, because I'm a once-a-month-cooker who therefore uses the microwave a LOT more than the average consumer, and that bet has paid off for me several times now.

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

#29

Post by xd »

VonLipwig wrote: post #23

The story is misleading. It say's that Comet sold 94k counterfeit Windows CD's. Comet seem to say that as manufacturers stopped packaging computer's with CD's they decided to make their own. Assuming this is true. Each computer had a valid Windows license. Comet decided to burn the CD's itself so users didn't have to try to make their own recovery disks. I don't seem the harm. I mean.. users can make their own recove…

I think the problem is, comet where selling the cds. I'd be curious to know for how much.

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

#30

Post by mjhall »

cooldeal wrote: post #25
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!

>because MS didn't want him to have one I thought the PC manufacturers were the ones that used to give out recovery discs and not MS?

They were, but my most recent experience has been that Windows will offer to make one for you on the first boot of a new machine.
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