Ramblings of an old Doc

 

Bad news for Comet (currently being sold to OpCapita). Microsoft is accusing them of producing counterfeit Recovery Disks for Vista and XP and shipping them off to be sold in their stores across the UK. Some 94,000 copies were made and sold.

"Comet’s actions were unfair to customers. We expect better from retailers of Microsoft products — and our customers deserve better, too." - David Finn, associate general counsel, worldwide anti-piracy and anti-counterfeiting at Microsoft.

MS does state its policy rather clearly:

“Reinstallation media, sometimes called a recovery disc, is typically included with a new or used PC purchase.  Because the software is already preinstalled, the reinstallation or recovery media is provided so that you can reinstall or recover the software if it stops working properly.  Recovery disks are not licensed to be sold separately from the PC they were shipped with; if you try to install software from a recovery disk on a PC other than the one it was originally shipped on, you may not be able to activate and/or use it.

Note: For some PCs, such as netbooks, the recovery media might be installed on a separate partition on the PC’s hard drive itself.  Refer to the documentation that came with your PC to locate the appropriate reinstallation/recovery media.” - http://www.microsoft.com/en-us/howtotell/Hardware.aspx#PCPurchase

However, I don’t know when that was posted publicly. It seems awfully specific to the case involved, and I couldn’t verify when that issue actually arose between Comet and MS.

Comet says that the piracy accusation is nonsense because although they are producing them, MS’s IP isn’t being threatened:

"[Comet]…sought and received legal advice from leading counsel to support their view that the production of recovery discs did not infringe Microsoft's intellectual property. Comet firmly believes that it acted in the very best interests of its customers. It believes its customers had been adversely affected by the decision to stop supplying recovery discs with each new Microsoft operating system based computer. Accordingly Comet is satisfied that it has a good defence to the claim and will defend its position vigorously." – http://www.itpro.co.uk/638119/comet-accused-of-counterfeiting-windows-cds

Comet feels it acted in the best interests of the customer. Their own, as well. These disks do have MS software on them, although I doubt it would be any different from a Recovery Disk you could make yourself.

If you bought a Recovery Disk from them, MS isn’t coming after you. MS claims to be sympathetic to end users.

Source:

http://www.infopackets.com/news/business/microsoft/2012/20120117_uk_retail_giant_sold_counterfeit_windows_says_microsoft.htm

http://www.itpro.co.uk/638119/comet-accused-of-counterfeiting-windows-cds

http://www.microsoft.com/en-us/howtotell/Hardware.aspx#PCPurchase


Comments (Page 1)
2 Pages1 2 
on Jan 17, 2012

I read about this a couple of weeks or so back. If I remember right, Comet said that they only created the bogus recovery discs because Microsoft hadn't supplied them. Sounded very much a case of both companies being in the wrong.

on Jan 17, 2012

Yah I'm usually frown against piracy, but I can never understand why Windows OS has to be so damn expensive. Perhaps someone with more knowledge could shed some light on the subject?

on Jan 17, 2012

Screw microsoft for not supplying recovery disks. Screw Comet for taking matters into their own hands. Either way, two wrongs don't make a right, especially since M$ is only "wrong" in the ethical sense, not the legal. Comet, on the other hand... they fucked up big time.

 

on Jan 17, 2012

Whisker_Fish
but I can never understand why Windows OS has to be so damn expensive. Perhaps someone with more knowledge could shed some light on the subject?

Because it's a complex 'program' which takes millions of man-hours to develop.

Comet will be in the poo for SELLING the disks infringing on both the MS TOU AND Copyright.  Their 'Leading counsel' are idiots in it for the fame and/or money.

It's a fair bet that had Comet DEMANDED disks from MS or else they'd cease being a customer [of MS] they would have received LEGITIMATE IP.

on Jan 17, 2012

It's a fair bet that had Comet DEMANDED disks from MS or else they'd cease being a customer [of MS] they would have received LEGITIMATE IP.

No, not necessarily!  When experiencing issues with recovery in an eMachines netbook, the support person at MS told my niece to take it up with the system manufacturer.   That's when it was brought to me.  I got it running again, but yeah, the recovery partition was somehow corrupted and a ready made recovery disc/USB would have been handy. 

on Jan 18, 2012


Quoting Whisker_Fish, reply 2 but I can never understand why Windows OS has to be so damn expensive. Perhaps someone with more knowledge could shed some light on the subject?

Because it's a complex 'program' which takes millions of man-hours to develop.

And on top of it, it is not REALLY that expensive. Even more given the fact that it is the software most/longest used  on a PC. Windows 7 Home Premium OEM is 79,90 EUR here on Amazon, I don't call that 'damn' expensive.

on Jan 18, 2012

Factor in CPI and Win7 Ultimate is cheaper than Win98.

Research how much coding went into each of those and......

on Jan 18, 2012

Price of the OS is directly related to the amount of piracy in your country,the higher the piracy rate the cheaper it will be for the real product,or did you guys not get that memo   ,no surprise i guess ms wouldn't want too many people to know,i couldn't find the article i'm referring to,however i did come across the one for vista in china,ms dropped it's price by over 60%,yeah quite frankly i have no sympathy for ms when comet provide a service that was in demand,especially in my situation where the one time make only one set of recovery discs failed to work,on a stink'n hp machine,the disks which once upon a time could also be downloaded as floppy Images were removed from hp's website,i had two choices,pay i think it was $250nz for a new set or buy another comp for basicly the same price & make another set,no btainer ain't it i bought another comp & created the recovery set,it works well on both comps,obviously the comp i bought was the same model as the previous tho a year later,so middle finger to me from me in support of comet 

 

 

EDIT:OK I give up where is the thing to get email alerts when replying to threads

edit 2: god dam it! i've caught zubaz's bug, wtf is a btainer,ok according to wiki it's a zubasim for brainer    hehehe 

 

on Jan 18, 2012

Every desktop/laptop/netbook sold should come with a recovery disk included IMO. Microsoft should allow recovery disks to be made by the manufacturer of the PC and the manufacturer should create those disks and include them. Creating recovery partitions only wastes the disk space of the end user.

As far as retailers like Comet creating their own CD's though, that is not right and I would imagine they are in really deep trouble.

on Jan 19, 2012

LightStar
Microsoft should allow recovery disks to be made by the manufacturer of the PC

As my niece was rightly advised by MS, it is the responsibility of the OEM manufacturers to provide recovery media, and the fact that the OEM's are placing this on a recovery partition on the HDD to save costs is not an issue for Microsoft, according the the customer relations person she spoke with.  Apparently, he told my niece that once Dell, Toshiba, Sony, whoever, have paid for their bulk licenses, it it wholly up to them as to how they deliver the software, which is why they are able to avoid including recovery discs while bundling oodles of crapware with the installation.

Frankly, I think Microsoft should take a tougher stand for the OEMs to provide cleaner installations AND recovery discs, but I don't think it has the balls to disenchant and/or alienate its major partners, such as Hewlett Packard, etc.  Comet may have overstepped the mark, but to be fair, it was trying to look after its customers, whereas MS and the OEM's aren't.

Oh, and as for the idea that one can contact the OEMs to purchase a recovery disc is bullshit.  After spending several hundred dollars on a PC WITH an OS, the last thing one wants to do is spend upwards of $70 for a frigging 10c disc containing software one has ALREADY paid for.

on Jan 19, 2012

LightStar
Every desktop/laptop/netbook sold should come with a recovery disk included IMO. Microsoft should allow recovery disks to be made by the manufacturer of the PC and the manufacturer should create those disks and include them. Creating recovery partitions only wastes the disk space of the end user.

As far as retailers like Comet creating their own CD's though, that is not right and I would imagine they are in really deep trouble.

I wholeheartedly agree.  My cousin had a hard drive crash and asked me to recover his data.  The recovery partition was damaged and I couldn't boot into the thing.  Even BartPE didn't let me in.  Luckily, my own generic recovery disk let me recover his wedding photos, kid's pics/videos, etc.

I can't make his laptop live again, being a different brand than mine.  Had HP given him a set of recovery disks, he'd probably have a running laptop again.  

I must admit that it makes a lovely paperweight.   

 

starkers

Oh, and as for the idea that one can contact the OEMs to purchase a recovery disc is bullshit.  After spending several hundred dollars on a PC WITH an OS, the last thing one wants to do is spend upwards of $70 for a frigging 10c disc containing software one has ALREADY paid for.

Exactly.

on Jan 19, 2012

I wonder how many PC manufacturers are going to have to rethink thier policies.

I recently bought a new laptop and HP sells a restore disk seperately for it.

By this, HP is pirating the OS by selling it seperately.

on Jan 19, 2012

When buying a new machine:

1. Install CCleaner.

2. Clean out the bloatware and clean the registry.

3. Run a defrag and registry compaction.

4. Create the backup and boot disk.

Don't do a damned thing until that's done.

 

on Jan 19, 2012

DrJBHL
When buying a new machine:

1. Install CCleaner.

2. Clean out the bloatware and clean the registry.

3. Run a defrag and registry compaction.

4. Create the backup and boot disk.

Don't do a damned thing until that's done.

 

 

Best.  Advice.  Ever.  +1  

on Jan 19, 2012

How do you defrag and compact the registry? I'm using Smart Defrag 2 and it does not have that option.

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