Microsoft Goes After "Career Pirates"

Stony Stevenson writes "Microsoft has filed 21 lawsuits in US Federal courts as part of an effort to stop those who continually pirate its software. The suits span 14 states and target people and businesses that have allegedly sold pirated copies of Microsoft software. Eight of the suits target companies that Microsoft refers to as 'repeat offender software pirates.' The eight firms had already been sued by Microsoft for selling counterfeit software."

Comments

good

[prockcore]

Really, that's who they should be going after. The people selling pirated software.

Re:good

[evilviper]

but this is like someone setting up a watch store that sells fake Rolexes.

The analogy isn't anywhere close... These aren't software stores that have boxes of counterfeit products on their shelves. These are COMPUTER HARDWARE stores, which just happen to bundle unlicensed copies of Windows with the hardware they sell.

I can assure you, there is a very small number of such companies, and they only get away with it because they are small enough that even Microsoft and law enforcement doesn't care enough to put any effort into closing them down.

Re:good

[Agent.Nihilist]

Microsoft's definition of pirated software is the same as Everyone else's. Illegally copied or counterfeited software and and software used outside of its license.

You have right of first sale for a Retail copy of windows. It can be installed an uninstalled from any number of machines as long as its only on one machine at a time.
You also have right of first sale for an OEM copy of windows. However it has to be used with the same system(usually defined as motherboard) as it was sold with/originally installed on. Yes it is a restriction but that is why it is sold at a discounted price.

Someone with a Technet subscription can get any operating system and a legal key for that operating system for a yearly licensing fee. The usage license for the software restricts it to use in a test environment only but that allows you access to thousands of dollars of software for a fraction of the cost.
If they start building and selling systems using those keys then thats piracy. If they use those keys in a production environment then thats piracy.

Remember that you can get a refund for the OEM copy of XP when you buy a computer prepackaged with it.

"There should be a good market for used copies of XP. Unfortunately, MS calls these genuine copies of the real thing "Pirated" and prohibits their sale."
To reiterate - you can resale a retail copy of XP by itself. You can sell a OEM copy as well but it is piracy to use it on any computer but the one it was originally installed on.

Re:good

[Agent.Nihilist]

I honestly have to say too damn bad. If you want to use it on another computer you should buy the full version.

I love the OEM license. It lets my buy an OS I need to run for a reduced cost.
Restricted use software has been around as long as there has been code. The OEM version of windows is essentially "Windows light" except its is fully functional and the only restriction is where you can use it.

The alternatives are either that MS will start selling all their software at a lower cost without limitations (which will never happen) or they get rid of the OEM license and only sell the Retail - and you pay full price for everything.

Re:So Copyright Infringement is Not Theft?

[uglyduckling]

Uh... I think you'll find that taking people's money for goods and then not providing them is, in fact, fraud and not theft. Theft is taking people's property without their permission with the intention to permanently deprive them of it.

Re:So Copyright Infringement is Not Theft?

[Kahless2k]

I do both in-home and in-store service, and I see a LOT of bootleg Windows and Office installations. As a professional, I feel that it's my responsibility to at least make sure the customer is aware that their installs aren't legal. I don't take it any further then that as it isn't any of my business; Though I will absolutely not install a bootleg for a customer (If they don't want to buy Windows I suggest Ubuntu, if they don't want to buy office, I suggest OpenOffice). There is at least two shops in town here where they will sell a computer with Windows, charge for Windows then install a bootleg; and I can tell you that most people get rather pissed off when they find out they didnt receive what they paid for.

Seeling on eBay

[jasonmanley]

This includes things as replacing your old XP software with Ubuntu and selling the disk, certificate, box and packaging on ebay Are you sure about this? Because I was once going to purchase some MS software from an auction site and decided to contact MS to check if it was legal. They replied that as long as the other guy had completely uninstalled it from his PC there would be no issues.

Re:Seeling on eBay

[Agent.Nihilist]

Its legal for Retail copies. However you can not use OEM copies on any other computer than the one it was originally installed on.

Re:Seeling on eBay

[mpe]

Its legal for Retail copies. However you can not use OEM copies on any other computer than the one it was originally installed on.

Only if a court has ruled that the "Retail"/"OEM" distinction actually ment anything. In Germany courts have ruled that there is no distinction. In the US courts have ruled that the doctrine of first sale is just as applicable to "promo" CDs as it is to "retail" ones.
Like many large corporations Microsoft tends to pretend that the law is something other than what it actually is.