Nadie_AZ: Four months later, however, the firm sold a computer equipped with an unauthorized copy of Windows XP to an investigator who was working for Microsoft, the suit states. "This is not an isolated incident," Microsoft claims in its complaint.Microsoft contends that only a detailed accounting of The Computer Barn's sales could uncover the scope of the alleged fraud and the amount of the financial loss to Microsoft. Microsoft claims money can't really compensate for the alleged damage to its business and reputation, however.In July, Microsoft, which has been involved in many trademark infringement cases as both a plaintiff and a defendant in the U.S. and overseas, reported that its revenue during the prior 12 months totaled nearly $78 billion.Microsoft doesn't need to $5k in revenue this company bilked them for. But they little company that could get into bed with them, couldn't follow their rules. Sucks for everyone.Should have gone with Linux.
Lsherm: Look, it doesn't matter how small your company is, you cannot install the same license of Windows XP on every computer you sell.
LesserEvil: Lsherm: Look, it doesn't matter how small your company is, you cannot install the same license of Windows XP on every computer you sell.Yup.Back in 1988 I operated a computer services business that I ran with another Marine (this was a "second job" sort of thing) and two Radio Shack employees down in Beaufort, SC - the self-proclaimed "Computer Guy" store in town was selling shareware with GW-BASIC on the disc. One of my partners dropped a dime on him (Personally, I didn't care), and the BSA sent him a nastygram, so the guy stopped offering Shareware discs (I think he was also giving pirated copies of MS-DOS with his computers, too, though).It doesn't matter how small the business or the amount of real damages - businesses have to defend against this blatant piracy, particularly when it is commercially benefiting another party.
Tom_Slick: If I had to guess this company was refurbing Vista machines and installing XP. That is a no no.
Etchy333: The "mom-and-pop" here was engaged in piracy.
frepnog: yeah, fark those guys. windows xp isn't freaking free.
Fubini: This isn't to say that what they did was right, just that it's probably not blatant piracy. They're probably either not aware of the licensing obligations for refurbished computers, or they're not happy that Windows XP is no longer offered.
Theaetetus: I don't think they can really use the "gosh, we didn't know what our obligations were!" defense.
Fubini: Theaetetus: I don't think they can really use the "gosh, we didn't know what our obligations were!" defense.Surely not. All I'm saying is that they're probably not just thinking "F**K Micro$oft"Software licenses are funny and non-intuitive things. It doesn't necessarily make sense to people that they can't buy and fix up computers like they can buy fix up used cars.
Theaetetus: Sure, in 2004, they may have thought that. Then they were corrected. At this point, it's probably more of a "pff, what are they going to do? Sue us?"
Fubini: Could be. Dunno. Like I said before, what they did wasn't legal (or justified), but my experience with people like this has been that licensing issues are not intuitive.
GoldSpider: Then they shouldn't be in the business of selling refurbs until they figure it out.
macdaddy357: Why doesn't the first sale rule apply here?
skozlaw: What you cannot do, for example, is take your computer somewhere, have it fundamentally changed and then reinstall the original OEM software on this new machine. That sounds like what was happening here.
Fubini: they define refurbishment as a replacement of any major components
wildcardjack: Okay... if I buy a five year old corporate box that has the M$ license sticker and serial number on the side of it can I reinstall that same OS inside that box?
Fubini: Surely not. All I'm saying is that they're probably not just thinking "F**K Micro$oft"
Lost Thought 00: It's tough to claim lost sales infringement on a product you no longer sell or support. Microsoft could win the case but be awarded $0 in damages
frepnog: yeah, fark those guys. windows xp isn't freaking free./it should be
czetie: Lost Thought 00: It's tough to claim lost sales infringement on a product you no longer sell or support. Microsoft could win the case but be awarded $0 in damagesYou should write to Microsoft and tell them that, I'm sure they'll be delighted to receive the benefit of your business insights.In a similar vein, I'm going to set up a business selling copies of the previous-model BMW 3 Series in China, since I hear BMW isn't making those anymore. Sure, they could sue me, but since they don't make that product anymore they should be awarded $0 in damages.
ltdanman44: sell the computers without an operating system. let the consumer install what they want. problem solved
skozlaw: If you want a copy you can reinstall wherever you bloody well please, the retail version, at a slightly higher price, gives you that freedom provided it's only installed on one machine at a time.
Mr. Eugenides: frepnog: yeah, fark those guys. windows xp isn't freaking free./it should beIt would cost Microsoft millions to let XP be free. If they were to say XP is free, then they'd have to support it again and would be liable for millions of hacked boxes. From a security standpoint XP sucks and no one should be using it.Not to mention, it's getting hard to buy a machine with less than 4 GB of memory these days and XP has issues with more than 2.
Lost Thought 00: So put a dollar value on the damages to Microsoft due to someone selling an illegal copy of XP in 2012
mrlewish: Far as I'm concerned once I buy something I have a the right to it forever.. that includes using software that is on a now defunct computer in another device.
Ivo Shandor: A "slightly" higher price... for example:
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