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Microsoft Sues 26 Software Pirates

By Ed Oswald, BetaNews

July 18, 2006, 1:01 PM

Microsoft said late Monday that it had filed 26 lawsuits against dealers of pirated software in seven states, including one against a previously indicted vendor. The companies are accused of either offering pirated material or installing it on computers the defendants sold, Microsoft said.

The Redmond company says that pirated software puts consumers at risk, and hurts its partners that legally offer Microsoft software. Prosecuting software pirates has become an important part of the company's Genuine Software Initiative, an effort to protect its software assets.

"Our message should be made very clear by today's lawsuits," Microsoft senior attorney Mary Jo Schrade said. "We are committed to finding the unscrupulous dealers of pirated software and making piracy a business model that doesn't work."

Since Microsoft does not sell much of its software directly, and rather through third-party vendors, piracy affects not only the company's bottom line but also that of its affiliates. Since pirates usually offer software at a cheaper price, legitimate companies lose business.

In a statement, Expert Computers president Tim Klan said legal action is necessary to ensure the viability of Microsoft's partner program, and supported Microsoft's actions. His company is a Microsoft Gold Certified Partner.

"Honest resellers are losing business because of illegal sales," Klan said. "Naturally customers are eager to find the best deal, which sometimes happens to be associated with an inferior, illegal product. This is simply unfair, and makes it very difficult for those of us operating within the law to compete."

In its investigation of these companies, Microsoft used a secret shopper-like program where it bought software and then tested it for authenticity. Additionally, phone calls to its piracy hotline were used in compiling evidence.

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By bourgeoisdude

posted Jul 19, 2006 - 8:12 PM

So...when will MS finally bust the Geek Squad? I'm tired of their deceitful asses...

Score: 0

By KSzostek

posted Jul 20, 2006 - 9:17 AM

Could not agree more!

Score: 0

By thegameny2002

posted Jul 19, 2006 - 10:15 AM

Most companies I have worked for actually have pirated/cracked software and have been FORCED to ante up the cash to buy the legitimate software because Microsoft came and ran an audit and found that half of the firm (i'd say about 12 offices total) were on pirated software and a law suit was going to get slapped on them unless they complied to get everyone an authentic microsoft software in 30 days. So Microsoft IS going after the big guys.

Score: 0

By deminicus

posted Jul 19, 2006 - 8:51 AM

ms has the right to protect its bottom line though I would be lying if I said piracy isn't fun for the end user who has the "skills" to get everything for free. No matter how much you try to deny it, it is an ego boost. There is some sort of warm fuzzy feeling knowing you can get something that the masses can't( btw, torrent networks, p2p, and stuff like that don't count). It may sound hypocrtical to say but selling pirated crap is lame, I am willing to assume there is some sorta honor between pirates.

Score: 0

By phaedrusone

edited Jul 19, 2006 - 3:30 PM

well dont get too caught up with yourself. I assume by "skills" you mean either fxp, irc, usenet, or DC++ .. anyone who considers themselves up to date with reality knows of at least one way to get pirated software. this means nothing.

Score: 0

By deminicus

posted Jul 20, 2006 - 8:46 AM

you'd be amazed how many people don't. I also never said that I considered myself to be highly skilled. Amongst the techies I consider myself avg in regards to "acquiring" software. No point being elite. I was more or less commenting on human nature than anything. You are right though, these days the avg user who doesn't know the difference between pc and cpu can get access to most things, which is why piracy has gotten so much attention. I wonder what's the next area that will be penetrated my the masses?

Score: 0

By Frostek

posted Jul 19, 2006 - 7:38 AM

Didn't these people get the memo?

Microsoft no longer *wants* people to pirate its OS and other software now that it has a virtually unassailable market position.

;-)

Score: 0

By zridling

posted Jul 18, 2006 - 10:44 PM

Every Fortune 500 company I've ever worked for stole Microsoft's software. I reported every one of the corporate thieves to no avail. Too bad they're willing to go after the small guys, but not the fat cats.

Score: 0

By jbaltz69

posted Jul 18, 2006 - 11:40 PM

They didn't steal anything, if you are at a Fortune 500 company, that definately means that you would be covered under a Microsoft Enterprise Agreement of some sort. That means, you pay MS a buttload of money per year to install their software as many times as you want. That's why the "fat cats" aren't going down.

Score: 0

By Paul Lush

posted Jul 19, 2006 - 5:27 AM

Yup, its called Select and it does cost a bomb :)

Score: 0

By Pegusis2

posted Jul 18, 2006 - 10:00 PM

My wife was doing me a favour, or so she thought, by buying XP Pro on EBay and I ended up with a counterfit copy, I paid MS another $229.00 for an original and my wife paid the idiot on EBay $110.00 for the counterfit copy.

I'd like to see there be more Legitimate sellers, because the bad ones give all others a bad name.

Score: 0

By Grazer

posted Jul 19, 2006 - 12:32 PM

Umm, she bought it on ebay and you were expecting it to be legit. Also, you probably did not have to pay the $229 for a legit one. MS gives people free legit copies for providing information about where you got the pirated version. I.E. the ebay seller.

Score: 0

By Banquo

posted Jul 18, 2006 - 7:10 PM

Nice inflamatory headline there, makes it sound like they are pulling an RIAA and suing 12 year olds for downloading Windows. As the article says though these are DEALERS. I see no problem with this at all, string the bas****s up.

Score: 0

By The-One

posted Jul 18, 2006 - 7:35 PM

I agree completely. Anyone making money off of someone else's work should be put behind bars. These people are making a profit from someone else's property.

Score: 0

By rla0001

edited Jul 18, 2006 - 4:44 PM

I am not defending the production of pirate and counterfiet Microsoft product. However, there are some fundemental flaws concerning the equity of Microsoft's wholesale pricing structure which is biased against the smaller computer producers.

Most smaller computer producers can often buy retail Windows products from consumer stores at prices that are competitive with the wholesale pricing they are offered by authorized distributors of MS products. Additionally those who have OEM agreements with MS are forbidden from purchasing software from other than an authorized MS distributor. While this sounds all fine, the fact is OEMs are often locked into an unlevel pricing structure that increases the production cost well above what the big boys pay. Because of this unequal pricing smaller computer suppliers are unable to compete on a level playing field.

These wholesale pricing inequities have done little to create loyalty with small companies and have helped to fuel the tendency of small operators to look for the best price in order to control production costs. The suppliers of OEM/wholesale product are often legitimate local distributors who supply small computer builders with computer peripherals, boxes and software product. Their failure is often purchasing wholesale product from someone who misrepresented the authenticity of MS products. Thes bogus products look legit in every aspect including packaging, logos and certificates of authenticity.

Certianly Microsoft can price their wholesale products any way they wish, but the small guys know well that MS is not doing much to keep the playing field level. In fact the smaller companies are getting screwed. I think MS could do a lot to reduce the mass production of bogus wholesale product by offering their products to small OEM or value added producers at the same discount prices the larger corporations enjoy. This would allow small builders to compete and would certainly help create an atmosphere conducive to loyalty.

Score: 0

By robertguda

edited Jul 18, 2006 - 2:33 PM

if microsoft were to come to indonesia or the dominican republic they would have to tag along the feds, the cia and the national guards completely...
on the other hand, they could also neutralize software piracy a great deal by lowering most prices of lots of their products...( see Budgie29)
i wonder wich one of the two is the most economic and effective...
(not really wondering...)

Score: 0

By KSzostek

posted Jul 20, 2006 - 9:20 AM

Can you believe this guy, what a stupid deduction.

Score: 0

By PC_Tool

posted Jul 18, 2006 - 3:20 PM

Excellent deductive reasoning.

Microsoft loses money to Pirates (theives), and thus should lower their prices.

Since you say it would work so well for MS, let's apply this to other areas and see how well it works, shall we?

Local grocery chain is robbed several times in one month. Instead of beefing up security, they can lower their prices. After all, that's all the theives really want, right?

Social Services division of unnamed state is being abused by those using it. We'll just simply lower the requirements so *everyone* can apply for assistance, right? Yeah, sure, they'll get 2 cents for food instead of $300, due to overwhelming demand, but that's what they wanted, right?

No. As with the examples above, Microsoft should *not* cave in to thieves. Let the market bear what it can. When it ceases to be able to bear $130 for an OS, the price will drop.

Simple economics.

Score: 0

By Tenoq

posted Jul 18, 2006 - 11:45 PM

One could also verify or justify his argument by pointing to what has happened with the spiralling fuel prices recently. Now that we're paying about twice the price for fuel compared to 4 or 5 years ago, there is a massive increase in the number of people stealing fuel (drive-offs). In fact, the proportion of drive-offs has increased exponentially vs. the increase in fuel prices - where petrol stations are experiencing up to a dozen drive-offs per month, where a few years back it was only one drive-off every month or two. A recent news headline included a truckie driving off without paying: stealing $1500 worth of diesel. These price hikes are the sole reason more people are stealing fuel: they simply can't afford to pay twice as much for fuel every week.

Argument justified, in similarly unrelated and pointless manner. :P

Back to the topic: bravo to Microsoft. Piracy does indeed make it hard for legit operators to compete. Now all they need to do is offer White-Box builders competitive pricing on OEM licenses - rather than 2 or 3 times the price Dell pays. Oh, and fix those ugly OEM XP COAs. They deface the machine.

Score: 0

By maverick02

edited Jul 18, 2006 - 4:18 PM

heh, that's exactly what i was about to write after reading his idiotic post...

MS can charge whatever the hell they want.. no one is forcing you to buy it..its funny how the same people who cry about MS's high prices are the same fools who spend $500 on a video card

i have nothing more to add.. good job pctool :)

Score: 0

By Neoprimal

posted Jul 19, 2006 - 1:48 AM

While you can't stop hardcore thieves from stealing, cuz' lets face it - they're really not stealing it because they can't afford it - I DO agree to some extent that if MS cut their release prices a bit, there would be, how do I put it? A smaller tree of piracty to deal with.

The majority of people just can't afford to shell out 350 for an OS. My very first copy of XP Pro was pirated....I had a prebuilt in 95, got an upgrade disk in 98, bought ME, built another and soon XP was out. I wanted to buy it, but I couldn't afford it and the upgrade was just as bad, was about 200. Ofcourse I didn't HAVE to have it, but all my hardware said "Built for Windows XP" and by the time you got to the end of things, you heard that the device worked better or drivers were better on XP so I guess it got the better of me.
I tried Linux and hated it and I'd never buy a Mac, so really XP was what I ultimatey wanted. After about a year I was finally able to get an OEM version of XP Home for about 80 dollars and that was that, I was legal again.
But my point is, not everyone who 'pirates' the OS is a hardcore thief and I believe that if they cut prices some, not AS MANY people will be dissuaded from buying the product the first time around. And yes, I can think up a million analogies why it would still be wrong - I'm not saying I am justified at all, I'm just saying hey, I know for a fact that I would have purchased it back then for 100 or 150 and there are probably millions of people who are of like mind, who'd have purchased it too.
I think MS is taking a step in the right direction dealing with dealers and not trying to take on consumers. But I have to wonder (and again, I'm not justifying anything), if there wasn't a piracy problem - would XP be the price it is at right now? According to economics, no. So while piracy is not right by any means, I think it plays a small role in helping to drive down prices - a way for MS to allow XP to kinda compete with itself, since Linux is no kind of threat at this point.

Score: 0

By dhjdhj

posted Jul 20, 2006 - 12:13 PM

Bulls***! Stealing is not defined by whether you can afford it or not! I can't afford a yacht - so if I was to "take one", would that not be stealing?

--->they're really not stealing it because they can't afford it

Then you don't get the product! It's as simple as that. If enough people can't get the product because they can't afford it, then demand will fall, causing the price to fall to a point where people CAN afford it! That's how the system works.

--->The majority of people just can't afford to shell out 350 for an OS.

Yep - you stole it!
---->...so I guess it got the better of me.

I don't know what you mean by hardcore but if you got it without paying for it, you stole it!
--->But my point is, not everyone who 'pirates' the OS is a hardcore thief

As I said before, if most people can't afford it, the price will fall until they can (or something else will come along, etc) --- if you can't afford it, then you can't have it!

--->and I believe that if they cut prices some, not AS MANY people will be dissuaded from buying the product the first time around.

Only one reason needed - it's stealing!
---->And yes, I can think up a million analogies why it would still be wrong

Wait for the price to come down!
---> I'm just saying hey, I know for a fact that I would have purchased it back then for 100 or 150 and there are probably millions of people who are of like mind, who'd have purchased it too.

Huh? The real value of a product is determined by what people are willing to pay for it. If people view the price as too high, they won't pay it and either the price will come down, or something else will be created to respond to the need - that's the whole point of a marketplace!

---> if there wasn't a piracy problem - would XP be the price it is at right now? According to economics, no.

Piracy causes prices to rise because companies have to recover their costs through other means.
--->So while piracy is not right by any means, I think it plays a small role in helping to drive down prices - a way for MS to allow XP to kinda compete with itself, since Linux is no kind of threat at this point.

Score: 0

By PC_Tool

posted Jul 19, 2006 - 9:04 AM

if MS cut their release prices a bit, there would be, how do I put it? A smaller tree of piracty to deal with.

While that may or may not be the case, MS should in no way cave in and do such a thing. This is thier software, they have a right to sell it for whatever they choose to and not have folks stealing copies of it.

There is *no* justification for theft, piracy, or infringement of copyright.

Who told you you were entitled to a cheap copy of *anything* from MS? I got news for ya, they lied. You aren't entitled to squat.

Score: 0

By dwaterman

posted Jul 19, 2006 - 11:20 AM

I'm not disagreeing with you, but why do you say that MS shouldn't "sell more copies for less" so to speak? I have a thought, but I am curious to know why you think they would be "caving" by lowering their OS prices.

Score: 0

By PC_Tool

posted Jul 19, 2006 - 4:06 PM

Sure, I'd *love* it if they lowered their prices. But there's no way in *Hell* I'm going to say they *should* without seeing their sales numbers.

The market will ebar what the market will bear.

The *only* reason here people are saying MS should lower it's prices is in response to Piracy. Which has *got* to be one of the stupidest things I have ever heard.

Score: 0

By Budgie29

posted Jul 18, 2006 - 2:25 PM

M$ their one way to elimate counterfit software cut your prices to a level the adverge punter will pay and can aford say £20 for home and £40 for pro

Score: 0

By PC_Tool

posted Jul 18, 2006 - 3:14 PM

Dude...

Have you even *looked* at how much RedHat costs at BestBuy?

Get a clue.

Score: 0

By CheshireDragon

posted Jul 18, 2006 - 8:14 PM

Have you even D/Led a Linux Distro? There are hundreds and all you have to do is burn em to disc's you spent leess then 10¢ on...IF you want a manual go to the web site of the linux distro, join a forum for linux..there are hundreds if not thousands where people are more then happy to help. Anyone who buys a copy of a Linux distro in a store does so for technical support, which can be found for free online and the manual which can also be found online for free. I have been D/Ling linux for years and have not paid a dime for any part of it except what is req to run it. BTW, if you are still on RedHat, i think you need to read that they are on FedoraCore 5 now...RedHat is OLD news and with the BS they pulled I am suprised they are still concidered part of the Linux community.

Score: 0

By PC_Tool

posted Jul 19, 2006 - 4:08 PM

Way to miss the point completely.

But thanks. I love reading the ramblings of Linux fanatics.

Score: 0

By speedmeister

posted Jul 18, 2006 - 7:57 PM

That a good question considering BestBuy doesn't sell RedHat anymore. Look it up on there website you won't find it. General interest in buying Linux distributions at retail stores has fallen as Internet connections have gotten faster.

Score: 0

By 33Nick

posted Jul 18, 2006 - 1:49 PM

Glad to see MS is working hard on important matters... Wait, whose matters? Oh, I thought matters important to me like security, flaws, worms, viruses, and the list goes on.

Last night, my wife's laptop asked me if I wanted to install that stupidity of advantage something feature that tells MS if her laptop runs a genuine version of boring old XP. I said no. It still installed. I was happy to have ZoneAlarm catch the nasty bugger try to dial back to MS which I promptly blocked.

Hey MS are you listening? Your security track record is appaling. I will not have yet another feature of yours dial home. My version of your shoddy OS I was forced to buy on my laptop is the real one.

Go and harass the real culprits...

Score: 0

By alegsa

posted Jul 24, 2006 - 3:46 AM

Careful what buttons you hit. You or someone did something to allow it to install. It just does not install on its own unless you have "Automatic" enabled.

http://www.thesupernews.com

Score: 0

By wat0114

posted Jul 18, 2006 - 4:37 PM

Careful what buttons you hit. You or someone did something to allow it to install. It just does not install on its own unless you have "Automatic" enabled.

Score: 0

By Intrusive_Rogue

posted Jul 18, 2006 - 2:00 PM

Whaaaaaaaa, Whaaaaaaa.

Score: 0

By hawkwinddotcom

posted Jul 18, 2006 - 1:29 PM

I wish M$ would offer rewards for informing on dodgy sellers.

We would be rich.

(yes i do use but not M$)

Score: 0

By VikingBlade

posted Jul 18, 2006 - 5:00 PM

They do give rewards actually... you get Microsoft software.

Score: 0

By Das mod

posted Jul 18, 2006 - 1:39 PM

all MS did was to go to craiglists and bammm!!!

pirate heaven

Score: 0

By Registered

posted Jul 19, 2006 - 9:03 AM

it's true pirates do have honor amongst each other, downloading and installing without profis is deffiently different to bootleggers, i say for bootlegers throw the book at them, as for the casual downloader and installer, i don't think there harming (more to the point, i don't think they should be targeted before the bootleggers)

any one who makes money on other peoples efforts should go to jail, boot legging is fraud, and disrespectful, as for the p2p users who just want stuff for there own personal use, well no ones perfect,

but for those who download and then have the cheek to sell that s**t on ebay, and at markets, deffiently give them 900 hours community service, for those who have made over a £1000 doing it, then give them 3 years in prison,

Score: 0