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Retailer says it created recovery discs because customers wanted them
Comet has hit back at Microsoft for launching legal action against because the retailer created and sold recovery discs for Windows XP and Vista.
The UK electrical retailer said that it did not believe it had committed a crime and "will defend its position vigorously".
Microsoft decided to sue the UK electrical retailer after it created the discs at a factory in Hampshire. Comet is alleged by Microsoft to have sold more than 94,000 Windows Vista and Windows XP recovery discs through its stores around the country.
David Finn Microsoft associate general counsel said in a statement that the sales were "unfair" to Comet customers.
"Comet produced and sold thousands of counterfeit Windows CDs to unsuspecting customers in the United Kingdom. Comet's actions were unfair to customers. We expect better from retailers of Microsoft products - and our customers deserve better, too," he said.
Recovery discs are used to reinstall the Windows operating system. Over the years it has become less common to provide these discs when PCs are sold as recovery software is now put onto special partitions on a hard disk.
The case is now being heard in the UK High Court and Comet released a statement saying: "We note that proceedings have been issued by Microsoft Corporation against Comet relating to the creation of recovery discs by Comet on behalf of its customers.
"Comet has sought and received legal advice from leading counsel to support its 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."
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A test of MS licensing
This seems more a test of the fairness of MS licensing terms. The software always used to be supplied on the HD with details of how to create your recovery disk. People rarely did this, so Comet is providing a valuable service by doing it for them - great customer service. MS seem to want either paying for somebody else to provide the service/media they should really provide, or insisting on poor product/service for their customers by making it harder/more expensive to recover systems. I'm glad I moved to Linux years ago and only use Windows when I'm paid to clear up the mess!
Posted by Paul Tansom, 04 Jan 2012
Typical microsoft..
I think microsoft will need to supply a free OS backup disc from now on then. I had a laptop that came with no backup discs, it was on the hard drive, which was great until the drive crashed!!.. Comet was able to supply me with a backup OS for my system & got it working with a new hard drive fitted.
Posted by Ed, 04 Jan 2012
recovery discs
Hello,me again,while I dont agree with comet diong that,why dont microsoft get their act together,and supply one when somebody purchases a pc/laptop,my first pc was a packard bell and it included a floppy as a recovery disc,un fortunately I let the floppy go when i sold the pc,but a floppy recovery saves a lot of problems,when u want to re-install windows
Posted by edgar Mills, 05 Jan 2012
Recovering discs
My old Acer came with recovery discs which was useful when re-installed Windows. My new Toshiba came without recovering discs which I have spent hours researching and asking people how to create these recovery discs. Comet is doing a service what we the customers want. I wish Comet best of luck.
Posted by Ku Chan, 05 Jan 2012
Customer service must win
I really hope Comet win this one. Microsoft likes to monopolise and control everything. The hard disk partition is very often not the best way in utilising recovery. And in the case of Hard disc failure you are stuffed! Microsoft tend to make things very difficult for customers when things go wrong so that they can cream more money from them. Time to wise up Microsoft! Well done Comet.
Posted by Web Murray, 06 Jan 2012
The sooner microsoft listens to REAL customers
Microsoft is just a conglomerate bullyboy. As long as comet were only providing the disc ie no key then whats the problem? The price MS charges for their second rate OS then backup discs should be freely available. I recently installed linux on one of my PC.s and hhave now stopped buying windows software altogether. When all my current software is outdated I will switch to linux completely as it is a far more stable platform than windows has ever been. If you want a system that runs 24/7 and is secure then take the time and get to grips with linux and in case you don't know it's FREE.
Posted by Grant Carter, 06 Jan 2012
Crashed Hard Drive.
I bought an Acer from Argos, no back-up disc...it was on the hard drive, that crashed, no OS. Useless!!! Next time I went to Comet and bought two items, 1, Laptop, 1 Desktop PC which came with separate back-up discs! In future I only buy if I have back-up discs on CD or DVD. So in future it's Comet for me...
Posted by David B Sears, 07 Jan 2012
Comet V Microsoft
Mr Tamson is spot on with his comments.I too switched to Linux because of the restrictions placed by Microsoft, in particular, reinstalling the Windows OS on a crashed HDD. When a customer needs a replacement hard drive and I ask if they have the OME disc's, they say they never received them. When I inform them that they have to buy/pay for another copy of Windows again, they become angry and frustrated. Well done to Comet for providing this service.
Posted by Willie O'Sullivan, 07 Jan 2012
GREED
Once again Microsoft shows it's need for greed to make as much money out of eveyone. As Ed says once the hard disc goes you have to buy a new copy of windows on top of the hard drive. Not everybody knows how to produce a back up disc from the software. Jim
Posted by Jim White, 08 Jan 2012
Microsoft Greed
I fully endorse everything in Comets favour. Lets face it, and this has happended to me, it is normally the hard drive crashing that causes the need for a reinstall of Windows. So where would we be if on installing a new hard drive (or upgrading to a new one) and there ie no recovery disc to go back to. I think it's the old Microsoft 'letss get money where we can' attitude.
Posted by Dave Jackson, 08 Jan 2012
Badly-researched article
Dinah Greek might be well-informed about technology but she has dropped a boo-boo with "The case is now being heard in the UK High Court" - there's no such thing! She means the English High Court - Scotland has its own quite separate and distinct civil and criminal legal systems (and education system, and Government...), and in Scotland, the High Court is a criminal Court. It's surprising that there is so little understanding of this in England, perhaps because many English people don't realise that Scotland is a different country.
Posted by William Old, 09 Jan 2012
Give us our windows disc Microsoft!
Once all computers came with a proper Windows disc supplied by Microsoft,as installed and for later use incase of failure/upgrade. We were not expected to make our own recoery discs! The consumer pay's for the windows OS that is pre installed for us so surely we are still entitled to have an original windows disc in case of failure/replacement/upgrade of our HDD. Microsoft stopped supplying discs, not because it was easier to put the OS on a HDD recovery partion but because they didnt want people copying the discs, This now means people have to buy a new copy of windows when everything goes pear shaped , I for one,realy hope Comet win this one!!!
Posted by ian, 09 Jan 2012