94,000 counterfeit discs

[Drofder2004]

I am on the side of Comet here.

Windows had sold the licences to Comet to use on PCs to be sold. However, if you bought a Comet PC, you were NOT given a Windows recovery disc (Windows does not supply them), so any fatal crashes of Windows, Comet was held liable for the repair of the system.

Comet decided to supply a copy of Windows RECOVERY DISCS to people who have LEGITIMATELY bought a licence for Windows, but because the copy they are supplying is not an original disc, they are being sued for counterfeit production.

I think Comet have a case, and could possibly even countersue for any costs involved in repairing computers with problems directly relating to Windows.

[Drofder2004]

Yes, the production is definitly illegal, but I think by Windows failing to provide a recovery option (one where the user is not required to purchase blank discs and burn for themselves) they are fialing their customers.

This is more a case of Microsoft being a greedy corporation by refusing to pay for the production and supply of recovery discs.

The only thing not covered properly in these stories is how the money is being made.
Comet say they supply these with their computers that come with Windows, but they also say there was sall profit made on it?
Are they raising the price of Computers to accomodate for the cost of production or are they selling the discs separately as a recovery option?

[Drofder2004]

Any software given with a full licence to the buyer of the computer is entitled to a disc to rensintall the software in the event of it not working, for the duration of their licence terms.

[Drofder2004]

When buying a computer with software included, they cannot assume you have access to the internet, so they are obligated to supply you with a copy of the disc in the case of a computer fault. They cannot force a requirement of the internet on an end-user.

When you download an item, you are given the oppurtunity to save the download and replicate the file for personal storage.
The additional disc you bought was the disc the same file, already stored on a disc (in its unpackaged format). You chosing to buy a backup instead of creating your own is a different market to that, which is not the same market as buying the original licence.

I have no argument that it is not counterfeit production, but I personally think Microsoft should be responsible for supplying a recovery disk to licence holders. However I do not think Comet should sell for profit (although at only a £1mil profit, the profit per disc must be very small) but should be entitled to sell the service of providing a recovery disc, as they had to pay for the production.