Looks like Comet may have been naughty

Glenn · Jan 04, 2012, 11:46:13

Microsoft: UK Retailer 'sold 94,000 counterfeit copies of Windows'

http://www.engadget.com/2012/01/04/microsoft-uk-retailer-sold-94-000-counterfeit-copies-of-window/

Gary · Jan 04, 2012, 11:54:59

Could not have happened to a nicer store

Rik · Jan 04, 2012, 12:01:12

That could cost them a lot of money, not just to Microsoft, but possibly in fines.

pctech · Jan 04, 2012, 12:20:54

Hmmmm

If the disks included the trademark of the system builder they were bundled with then these companies might have a claim for trademark infringement too.

Rik · Jan 04, 2012, 12:31:39

This could be fun.

Lance · Jan 04, 2012, 13:10:38

Comet's response is in this article: http://www.theverge.com/2012/1/4/2681319/microsoft-comet-counterfeit-windows-lawsuit

pctech · Jan 04, 2012, 14:03:01

That changes things then.

I think I back Comet in this particular fight.

Simon · Jan 04, 2012, 14:21:20

Surely the Windows licence is included with the factory pre-installation onto the machines? The recovery discs in question were not 'new' Windows licences, but a way for the customer to recover their previously purchased installation, not a 'free' licence for a new installation on another machine. I can't see what Comet have done wrong.

Gary · Jan 04, 2012, 15:07:43

As someone pointed out selling recovery media is the problem. Recovery is included, you are supposed to make your own disks. Comet Added a price to include a hard copy on disk. thereby adding a wedge of their own to something that was already included in the intended package.

FritzBox · Jan 04, 2012, 15:18:53

I'm of the opinion that you should get a copy of the OS you paid for. Recovery partitions are a con and a way for Manufacturers and Microsoft to save money. If your hard drive goes tits up and you have to replace it then you are knackered

pctech · Jan 04, 2012, 15:48:49

I will only buy a new PC if it includes media with the OS as I have licensed that OS with the system and after the warranty has run out the system builder doesn't really want to help unless you pay them more money and as Fritzbox rightly points out, if the hard disk or SSD packs up you are stuffed.

I've never known recovery partitions to work properly anyway. you are much better off reformatting and reloading the OS.

.Griff. · Jan 04, 2012, 16:15:20

What are the odds on Comet existing next Christmas?

pctech · Jan 04, 2012, 16:16:41

I doubt it will.

Simon · Jan 04, 2012, 16:26:02

I doubt it would have anyway.

But I wasn't aware that they were selling the recovery discs. I thought they were giving them with new PCs.

Technical Ben · Jan 04, 2012, 16:56:54

Quote from: Simon on Jan 04, 2012, 14:21:20
Surely the Windows licence is included with the factory pre-installation onto the machines? The recovery discs in question were not 'new' Windows licences, but a way for the customer to recover their previously purchased installation, not a 'free' licence for a new installation on another machine. I can't see what Comet have done wrong.

By the sounds of it, basically MS goes "We will sell you the Key to the OS. You can by the CDs separate. Only MS can make CDs"
Most companies go "Ok then, we will buy 100 keys, and 1 CD. We will use this CD to install on every computer (or use HDD cloning software to copy to every PC) and use a separate key for each PC."
Now, so far everyone is happy. But wait a second, those customers do not have a CD if they need to re-install! So, the company can either buy the CD off of MS, at a cost, or for a lower price make their own "backup" through the recovery console.
Now, this is where things get tricky. Each computer is an exact replica. It's a production model, they are all the same. So if you make 1 recovery CD, you can mass produce it and send it to every customer with that particular PC. Now, all is well and good, as no law has been broken. Well, technically. The user is allowed to make a recovery CD, or backup of the Windows instillation files for use. No idea if the seller is.

Secondly MS says "only WE can sell or distribute backup CDs". Which IMO is unfair in this instance. Curries paid for the Keys, and spent their own time and resources installing and providing the OS data to customers. Unless they sold the CDs as official "Windows instillation disks", which is counterfeiting, then I have no worries.

pctech · Jan 04, 2012, 17:27:55

They buy batches of licences.

These come with x number of DVDs each containing a WIM (Windows Imaging Format) image for copying to one PC (one DVD per PC) along with the same number of Certificate of Authenticity stickers to attach to the finished system and another disk containing an OPK (OEM Preinstallation Kit) software suite which allows the machine to be booted into Windows Preinstallation Environment, addtional software added, tested, branded and 're-sealed' so that you get the OOBE (Out Of Box Experience) which takes you through activation and user account set up when you boot it.

Big OEMs like Dell can put an image on a network server and connect and start the new machines which then copy the image to their hard disks, this is the reason for the boot from network or PXE (Pre-boot eXecutiion Environment) option appears in your BIOS.