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MS sues college student for selling legit software, And the kid countersues!
quanta
Post #1 Mar 9 2005, 23:57


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Talk about being a corporate bully. Microsoft sued this Ohio chemistry major for selling used academic version copies of Windows and Office on eBay.

The student taught himself law, filed a countersuit, and now Microsoft is trying to drop their lawsuit, but the student won't budge until they apologize. I hope the student prevails:

http://www.ohio.com/mld/beaconjournal/news...ty/11070968.htm (registration req'd, or use Bugmenot)

QUOTE
Microsoft, which reported $38 billion in sales in the past year, alleges that Zamos' eBay sales amount to unfair competition.

In the company's suit, its lawyers accuse Zamos of copyright infringement for the eBay sales and contend the sales have ``resulted in losses to Microsoft and an illicit gain of profit'' to Zamos.

Further, the corporate lawyers said, ``Microsoft has suffered... substantial and irreparable damage to its business reputation and good will, as well as losses in an amount not yet ascertained.''
[...]
Finally, the suit asks for an order freezing Zamos' assets and an order forcing him to pay court costs and the fees of the four lawyers.
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pacifica
Post #2 Mar 9 2005, 23:58


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QUOTE(quanta @ Mar 9 2005, 23:57)
Talk about being a corporate bully. Microsoft sued this Ohio chemistry major for selling used academic version copies of Windows and Office on eBay.

The student taught himself law, filed a countersuit, and now Microsoft is trying to drop their lawsuit, but the student won't budge until they apologize. I hope the student prevails:

http://www.ohio.com/mld/beaconjournal/news...ty/11070968.htm (registration req'd, or use Bugmenot)
[right][snapback]585593608[/snapback][/right]

yep, i hope he rips them a new one. they were obviously trying to bully him.
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Ron21
Post #3 Mar 9 2005, 23:59


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blink.gif Microsoft are a bunch of greedy ****s..
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bucko
Post #4 Mar 10 2005, 00:00


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on Ebay, LMAO
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dt
Post #5 Mar 10 2005, 00:03


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I wonder if that guy who got sued will switch to the Mac platform after that incident... laugh.gif
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+Vice
Post #6 Mar 10 2005, 00:04


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Could you not have copied and pasted the whole thing ? I don't want to sign up just to receive more spam thanks.......
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jluckett
Post #7 Mar 10 2005, 00:08


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I may be confused but...

How is reselling software that is clearly licensed only for students and teachers legal? It's not like he was verifying that the winners of his auction(s) were indeed students, correct...?

Microsoft purposely sells their software at extremely discounted rates for academic users and this guy was taking advantage of that. At least, that's what it seems like to me.
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Andrew Lyle
Post #8 Mar 10 2005, 00:11


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lol, just an appology? wow, stubern ******s! can't he at least demand money or something, and be like everybody else?
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quanta
Post #9 Mar 10 2005, 00:13


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QUOTE(jluckett @ Mar 9 2005, 19:08)
I may be confused but...

How is reselling software that is clearly licensed only for students and teachers legal?  It's not like he was verifying that the winners of his auction(s) were indeed students, correct...?[right][snapback]585593670[/snapback][/right]


That's true, but from what I understand, the academic versions are not labelled "Not For Resale".

For those of you who can't read the article, please, use http://www.bugmenot.com/ Obviously it is not exactly legal to copy and paste the whole article...
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spacey
Post #10 Mar 10 2005, 00:14


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and this is how the lawyers make money...
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cyoung1616
Post #11 Mar 10 2005, 00:19


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Microsoft is right. Say what you want he got a cheaper version meant for students or teachers and not for the avg. user.

Cody

Microsoft can always fix this by not giving discounts to anyone.
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+DrunkenMaster
Post #12 Mar 10 2005, 00:20


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The software, wasn't labelled anywhere on the box that it could not be resold. Come to think of it, when I bought my student edtition of XP, id didn't say I could not resell it - either on the box, sales receipt or in the store.

Heh, MS could have just paid his court and photocopying fees. Funny how a chem undergrad can outsmart professional lawyers.
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boogerjones
Post #13 Mar 10 2005, 00:21


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If he was reselling retail software, I would have a problem with the lawsuit. But he's selling academic software, which is usually substantially disounted. I got Windows XP and Office 2003 for $35 through school. Imagine if I was selling those to others for two or three hundred dollars! = "Illicit profit"

So a big **** YOU to all the Microsoft-hating losers here.
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Monkey Man
Post #14 Mar 10 2005, 00:22


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QUOTE
``Microsoft has suffered... substantial and irreparable damage to its business reputation and good will, as well as losses in an amount not yet ascertained.''


That is the most pathetic thing ive heard.

and to boogerjones:

I don't care if it was Microsoft or any other company he was obviously within the law ( = NON ILLICIT PROFIT), or else MS wouldnt have paid for all his fees.
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boogerjones
Post #15 Mar 10 2005, 00:23


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QUOTE(DrunkenMaster @ Mar 10 2005, 00:20)
The software, wasn't labelled anywhere on the box that it could not be resold. Come to think of it, when I bought my student edtition of XP, id didn't say I could not resell it - either on the box, sales receipt or in the store.

Heh, MS could have just paid his court and photocopying fees. Funny how a chem undergrad can outsmart professional lawyers.
[right][snapback]585593727[/snapback][/right]

You don't pay for software, you pay for a license to use it. And the license in your copy of XP says that you can't resell it.
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