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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

#41
post #29

Earlier quoted context omitted.

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

That's not what Comet are saying. They're providing them as recovery CDs to people purchasing machines with Windows installed. That said there is a question whether they were providing them free or at a cost.

According to another article Comet did charge for these CDs

"There was a number of disks made, on which there was a cost and Comet charged this to the customer."

http://www.reuters.com/article/2012/01/04/us-microsoft-idUST...

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

#42
post #14

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_... )

That summary appears to say there is a 2 year warranty from delivery:

"The seller is liable to the consumer for any lack of conformity which exists when the goods are delivered to the consumer and which arises within a period of two years from delivery. However, the lack of conformity cannot be accepted if, at the moment of conclusion of the contract of sale, the consumer knew or could not reasonably have been unaware of the lack of conformity."

But I'm pretty sure, and IANAL, that it doesn't really say that. My initial instinct is that if the goods can reasonably be expected to be of a class that may ordinarily fail within the 2 years then they are still in conformity with the contract of sale. Thus if you paid £50 for a TV then you'd kinda expect it to fail and so it conforms, if you paid £5000 then you wouldn't expect it to fail so early failure would lead to lack of conformity ...

Perhaps I'm too cynical.

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