Microsoft Sues eBay Software Pirates

By Ed Oswald | Published March 15, 2006, 1:15 PM

Microsoft announced Wednesday it had filed lawsuits against eight eBay sellers in an effort to curb counterfeit software sales. The company alleges the sellers auctioned off illegal copies of its software to unsuspecting buyers.

The lawsuits were filed against sellers in Arizona, Connecticut, Florida, Hawaii, Massachusetts, Nebraska, New York and Washington.

Microsoft lauded its Windows Genuine Advantage program, which helped catch seven of the eight defendants. Additionally, some of those affected placed calls to Microsoft's anti-piracy hotline, 1-800-RU-LEGIT.

Software piracy is a big battle for Microsoft. The company says it routinely checks auction sites for illegal software, and asks to have those auctions that it finds questionable removed. Last year, nearly 50,000 auctions were shut down for offering pirated copies of Microsoft products.

"We strongly believe in the convenience and global reach of the virtual marketplace," Microsoft attorney Matt Lundy said. "Unfortunately, a number of online sellers are undermining trust in the system by using the Internet to hawk illegal products to unsuspecting consumers."

According to the Business Software Alliance, 1 out of every 5 software installations is pirated.

In some cases, those who run pirated software may have unintentionally purchased it through an auction or another source. Microsoft claims this can pose a security risk as the installation could also introduce viruses, malicious code or spyware into a user's system.

Additionally, in Microsoft's case, these users are ineligible for the benefits of WGA, including free support, product updates and software offerings. However, they may be eligible for a free genuine copy at no cost -- as long as they fill out a piracy report as well as provide proof of purchase and surrender the counterfeit CDs.

Microsoft's Lundy said that he hopes that Wednesday's lawsuit sends a message to both sellers considering participating in the counterfeiting of Microsoft software, in addition to buyers who are falling for deals that are too good to be true.

"We hope that auction purchasers will understand that software offers are not always what they appear to be," he said.

Comments

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the reality is that piracy of microsoft products during the 90's helped launch the popularity of their products in the general market.

fact is - piracy was rampant in the 90's and Microsoft still became the monster they are today.

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I am lucky enough to be in the Microsoft Partner Program and a subscriber to the MAPS (Micorosft Action Pack Subscribtion) program. This means that I get just about every MS Program worth having for development\training use within my small business for around 300 GBP per year. This includes:

Windows XP (X10)
Windows XP x64
Windows Server 2003 (3 Versions)
Exchange 2003
Office 2003 including Visio, Project
SQL Server 2005
And loads more.

Microsoft make it very easy to get their software cheaply be it through Academic, Volume or OEM licensing. It's just taking the time to do it.

I wonder how many of the other posters are using legal copies of Windows....?

Well done Microsoft

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Microsoft is right in going after "fake" copies, but they need to ask the seller's of the suspected items questions regarding items before removing the auctions becuase they may ruin legitimate sales and/or reputation of the seller. I have a friend that was selling an academic version Microsoft software legally by following Microsoft guidelines. They had their item removed and their ebay account suspended. Microsoft ruined a legit sale and an ebayer's reputation without just cause. Microsoft is in the wrong in this situation and they need to be a little more open with questions before being indirectly libelous to sellers.

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"PIRACY CAN BE STOPPED ONLY IF STRONG MEASURES ARE TAKEN"

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Amen, and amen !

Software violators must be hunted down without mercy.

Decent people can't feel safe until file-sharers, software counterfeiters, and other scum are apprehended, interrogated in covert prisons, serve indefinite detentions, and eventually given a trial before a military tribunal.

America declares ~war~ on digital terrorists !
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The Computer Rodent

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Ummm,
You are kidding right. I detect some satire here, but I do have to check, there are some nuts around here. Of course you did skip the "shot without trial" part.

I find myself at odds with licensing sometimes (like when I can't use my DRM infected music where I want, or can't make a backup of the game I spent $50 on) but it does not stop me from doing my best to do the right thing.

All should pay for what they are using, but even if there were no piracy, it would only result in a tiny increase it sales. These companies know that in most cases the ones that pirate their stuff would not have bought it anyway.

I agree that all should strive to curb casual copying of software and that professional counterfeiters should be jailed, but lets not get hysterical if some teenager downloads the game he wants instead of going over to his friends house to play it. There is a slight distinction between that and outright theft. The distinction is that he has not stolen an actual physical product and thus depribed someone else who has paid for it (like a store) of the profit from selling it...like would happen if he swiped it from a store.

This is not justifying piracy, but we should keep things in perspective.
I would much rather the goverment (yes I know that this is mostly software companies that are doing this) spend time finding terrorist that want to blow up my kids than chase down teenagers that downloaded a game without paying for it.

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"Of course you did skip the 'shot without trial' part"

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The PC Rat was feeling merciful this morning.

Is he serious in his comments ? Funny anyone should ask ~that~ with all the many people posting that Microsoft has no right to make a profit on what it sells or enforce it's copyrights and patents !
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The Computer Rodent

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Microsoft will not win its battle with the pirates, but it will frighten a few customers back in line.

I don't buy software from eBay. While some of the stuff is obviously pirated, some of it looks very genuine, and the seller swears on his mother's grave it is genuine, and it might still turn out to be pirated.

I've only been ripped off once on eBay, for a DVD that was a 100% genuine copy - yep, a 100% genuine pirate copy.

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Why do I get the feeling that even if microsoft got 100 percent revenue from every single copy of windows out there things would be no different. They would get 100 billion in sales a year and 95 billion in profit. They would still do everything the same though, that includes ripping people off, over pricing their software and then bragging they are the master of the software world and will eat anything alive they see fit.

I am happy to see that people selling illegal stuff on ebay are getting what they deserve, but knowing microsoft is just doing it to make an example is kind of pathetic.

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However, they may be eligible for a free genuine copy at no cost -- as long as they fill out a piracy report as well as provide proof of purchase and surrender the counterfeit CDs.

I got nothing after reporting a guy from AZ. I lost $115.

Whats the point of reporting to MS??

They send you this.....and thats it!

Response
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Microsoft Corporation thanks you for your recent correspondence to our Anti-Piracy team. As an international company that believes in protecting intellectual property, Microsoft devotes substantial time and effort towards fighting software piracy, and we appreciate your shared interest in this cause.

Our staff promptly handles questions or requests for information on software piracy. We actively pursue all reports of possible unauthorized copying and/or distribution of Microsoft software. Due to the sensitive legal nature of these matters, it is not possible for us to provide feedback or updates about actions taken on your submission. However, this in no way reduces the importance of your submission to us. Please be assured that every submission is taken seriously, investigated, and followed by whatever action is deemed necessary.

Microsoft makes available valuable information you can use to protect yourself from pirated software, as well as information about Microsoft initiatives designed to protect customers and combat software piracy. To find out more, visit www.microsoft.com/genuine and www.microsoft.com/piracy where you can learn to recognize genuine Microsoft software and learn more about Microsoft’s licensing policies.

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hahaha u got rippped off and then reported teh guy?? LOL ur wack

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Arrgg... should have comma` pluddering with us pirates... arrgg

Everyone knows we get all the booty....

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cut the cost of qenunine software and M$ would kill it over night

but its the same old thing greed

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I disagree, and I say that because literally everything is pirated. I don't care if it's a $5 shareware game made by the most wonderful people on earth, someone will crack it and post it all over the internet. Some people are just like that, lowering the price of software won't stop them.

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PIRACY CAN BE STOPPED ONLY IF STRONG MEASURES ARE TAKEN.

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*BANG!*

Got another one. ;)

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50,000 auctions shut down? DAMN. I believe it though - Ebay is stuffed with couterfeit crap. Hammer away MS. I hate these theives living off everyone else's hard work.

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Yup, it pisses me off. Its to bad they didnt start that program earlier because one of my XPs I got from ebay was illigal but didnt fully relize it till this program begun and I cant find the papers that had that individuals username on it.

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"According to the Business Software Alliance, 1 out of every 5 software installations is pirated."

Yes, and also according to the BSA, if you did not pay for it, it is pirated, so all you Linux users better wax your eye-patches and shine them wooden legs!

Aaaarrr....

*Business* Software Alliance, that should tell you something right there. We need a Consumer Software Alliance. Then we can have mock-wars with the BSA of the Penn. State highway.

Loser gets Pennsylvania. ;)

oh, wait...that's the SCA...damn acronyms.

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"Yes, and also according to the BSA, if you did not pay for it, it is pirated, so all you Linux users better wax your eye-patches and shine them wooden legs!"

*Bussiness* software advantage :P Bussiness's don't understand the concept of sharing either :P

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Good. I hate those jerks that list illegal copies of stuff on eBay and pass it off as the real thing. I bought a game a few years ago that was supposed to be in the retail box and the guy sent me a jewel case with a copy of the game on a cheap CD-R. Needless to say he never responded to any of my emails and eBay wouldn't lift a finger to help.

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Didja call the piracy hotline? The game company?

Gotta be more than one way to after these bia***es.

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Leave negative feedback, Ring the game's support center, and there is a way to report illegal stuff on ebay... I just can't rmember where :-s.

When the game is loading (IF it loads) check out the logos. usually the distributor (like Activision) is the first logo to show, so go onto their website and hunt around for support phone numbers.

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Then YOU HUNT THAT EBAY'ER DOWN!!!

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Nowadays Paypal is quick to reverse charges-- in a heartbeat: legitimate merchants are very vulnerable to 'con buyers' nowadays...

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Until the bia*** drops that account and starts using a different one....

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