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  Post #1 (permalink)   01-04-2012, 11:47 AM
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Microsoft Sues Comet Over Windows 'Piracy'

http://www.youtube.com/watch?v=4DnWe3GxJ0U


From what I can make out Comet are being accused of piracy for making recovery CDs but these are for Laptops/Computers which have a valid Windows licence so surly Microsoft are pushing it a little ?
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  Post #2 (permalink)   01-04-2012, 12:47 PM
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But wait, Comet hired a 3rd party company to manufacture these recovery disks, sold it to customers and pocketed the profits. Microsoft is within right, it seems, to sue the retailer. If Comet's customers were unhappy with not having these recovery disks, they should have simply forwarded that anger to Microsoft, not go and produce copies of their OS.
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  Post #3 (permalink)   01-04-2012, 12:59 PM
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the only crime i can see is the fact that comet sold these.

microsoft used to provide these free with windows OS discs and then in 2007 they stopped this and instead asked when you are installing windows OS if you waqnt to create a recovery disc, but as most PCs and laptops come with windows OS pre-installed how can the end user carry out this process
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  Post #4 (permalink)   01-04-2012, 01:03 PM
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This seems to be more about teaching others a lesson, than about Microsoft getting any real benefits out of this.

I don't know about the specific license terms, or Comet put on these CDs, but typically making a backup of software is well within the right of users. Not allowing them to do so would be like not allowing car users to use the safety belt.
 
 
 


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  Post #5 (permalink)   01-04-2012, 02:23 PM
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Quote:
Originally Posted by easyhostmedia View Post
the only crime i can see is the fact that comet sold these.

microsoft used to provide these free with windows OS discs and then in 2007 they stopped this and instead asked when you are installing windows OS if you waqnt to create a recovery disc, but as most PCs and laptops come with windows OS pre-installed how can the end user carry out this process
If Microsoft has established that policy, everyone is obligated to follow. You know, it is the same old if you don't agree to it, don't use the product.

Look, I know it is ridiculous because it provides inconvenience for end customers who need to burn their own recovery disks. I don't think it would have cost Microsoft that much to include them with computers, at least until CD/DVD drives are completely phased out. However, given that technology continues to evolve there are many that choose to burn these not only on CDs/DVDs anymore but to flash drives and all kinds of storage devices. More importantly, more laptops are sold without CD/DVD drives in the first place since everyone is possessed on mobility so much.

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Originally Posted by ldcdc View Post
This seems to be more about teaching others a lesson, than about Microsoft getting any real benefits out of this.
Microsoft can collect their GBP $1,000,000 + difference in OS cost fees on the volume of licenses sold + punitive damages.
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  Post #6 (permalink)   01-04-2012, 05:14 PM
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Microsoft can collect their GBP $1,000,000 + difference in OS cost fees on the volume of licenses sold + punitive damages.
It is still small change for Microsoft.

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the only crime i can see is the fact that comet sold these.
Did they sell these separately from the computer with the preinstalled OS? I mean, as a stand alone product, even if you didn't have a Windows license? Otherwise, the way I see it (and the company seems to argue), this was a service provided to their customers. Who says that I, the customer, must create the recovery disc with my own two hands? I can have someone else do it for me if I don't know which buttons to push, and pay them for that service (not the software).

In any case, it will be interesting to see how this plays in court.
 
 
 


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  Post #7 (permalink)   01-04-2012, 05:47 PM
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I first read about this on Google News earlier today. It seems even the big retailers are now flogging illegal material. Do you recon if Microsoft does indeed sue, this may be the end for comet?
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  Post #8 (permalink)   01-05-2012, 08:50 AM
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Who says that I, the customer, must create the recovery disc with my own two hands? I can have someone else do it for me if I don't know which buttons to push, and pay them for that service (not the software.
So essentially, they're paying for the service to create the recovery disks. I have to side with Dan on this one.
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  Post #9 (permalink)   01-05-2012, 09:23 AM
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Quote:
Originally Posted by ldcdc View Post
It is still small change for Microsoft.



Did they sell these separately from the computer with the preinstalled OS? I mean, as a stand alone product, even if you didn't have a Windows license? Otherwise, the way I see it (and the company seems to argue), this was a service provided to their customers. Who says that I, the customer, must create the recovery disc with my own two hands? I can have someone else do it for me if I don't know which buttons to push, and pay them for that service (not the software).

In any case, it will be interesting to see how this plays in court.
yes i think that is microsofts issue that Comet sold these as a separate item at £14.99. the other fact is that microsoft used to provide a recovery disc with every OS disc/licence upto windows 2000 after that they ceased providing the recovery discs and left it up to the end user to do this during the OS installation process, but as computrers usually come weith the OS pre installed hows the end user going to get create the recovery disc. i think all comet did was create a recoverdisc this way and then went to a third party to have these mass produced and then sell them for £14.99
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Last edited by easyhostmedia : 01-05-2012 at 09:27 AM.
 
 
 


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  Post #10 (permalink)   01-05-2012, 09:25 AM
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Quote:
Originally Posted by ldcdc View Post
It is still small change for Microsoft.
Pays for legal expenses.

Quote:
Originally Posted by ldcdc View Post
Did they sell these separately from the computer with the preinstalled OS? I mean, as a stand alone product, even if you didn't have a Windows license? Otherwise, the way I see it (and the company seems to argue), this was a service provided to their customers. Who says that I, the customer, must create the recovery disc with my own two hands? I can have someone else do it for me if I don't know which buttons to push, and pay them for that service (not the software).
I am not sure whether they sold it separately or not, but that's not the point Microsoft is trying to make. The fact is that there is no way for them to control who they are selling it to, nor do they want to - they are violating the policy established by Microsoft. On top of that, they are selling the licenses of their OS, irrelevant of the cost.

I am not sure about this one, but certainly would love to see how it plays out.
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  Post #11 (permalink)   01-05-2012, 09:59 AM
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I don't know how large Comet is, but Microsoft has successfully won tons of piracy suits and has put a great number of computer stores out of business. The punitive penalties are enormous and they're per incident. If Comet sold these indiscriminately, then they're in a hurt locker.
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  Post #12 (permalink)   01-05-2012, 09:25 PM
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Quote:
indiscriminately
The word that makes the difference. I think there will be a difference between selling these disks to just anyone who wanted to buy one, and another to offer it to a computer with the OS on it. It would also depend on the exact wording of the offer.

Quote:
The punitive penalties are enormous and they're per incident. If Comet sold these indiscriminately, then they're in a hurt locker.
Judging by the ending of this article http://www.pcadvisor.co.uk/news/tech...ecovery-discs/ it would seem there's precius little to take from Comet, even if you win a quadrillion dollars in court. I'm sure Microsoft was well aware of it.
 
 
 


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  Post #13 (permalink)   01-05-2012, 09:50 PM
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Wouldn't this be an entertaining one to watch!
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  Post #14 (permalink)   01-06-2012, 08:33 AM
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Quote:
Originally Posted by ldcdc View Post
The word that makes the difference. I think there will be a difference between selling these disks to just anyone who wanted to buy one, and another to offer it to a computer with the OS on it. It would also depend on the exact wording of the offer.

Judging by the ending of this article http://www.pcadvisor.co.uk/news/tech...ecovery-discs/ it would seem there's precius little to take from Comet, even if you win a quadrillion dollars in court. I'm sure Microsoft was well aware of it.
Microsoft's end goal isn't about money as much as it about putting firms that engage in piracy - out of business altogether.
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  Post #15 (permalink)   01-06-2012, 09:18 AM
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Originally Posted by Steve-Hostirian View Post
Microsoft's end goal isn't about money as much as it about putting firms that engage in piracy - out of business altogether.
too true after reading many internet posts on this coment were making illegal copies of microsoft recovery discs (which the microsoft system allows end users to make these FOC) and getting a 3rd party company to mass produce these so that comet could sell these instores and online to anyone for £15..

this is not the only recent scam/fraud comet have been involved in

"Comet sold for £2 to private equity company" What a laugh and tax scam as Kesa sold comet to OpCapita for £2 and then invested £50 Million into OpCapita, with all Comet managment/staff staying as is. so in effect Kesa still own Comet

Hope Microsoft win and close comet down
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