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MS Takes Delhi Dealers to Court for Piracy
By
ChannelTimes Staff
Mumbai, Jun 1, 2007
Continuing its combat against software piracy, Microsoft has taken enforcement action against two leading dealers in the Delhi region.
The case is currently pending trial before Delhi High Court, said a statement from the software giant.
The vendor said that selling computers loaded with pirated software amounts to a clear violation of Microsoft's copyright under the India Copyright Act, 1957. In response to Microsoft's copyright claims and the evidence presented, the Delhi high court has passed an interim restraining order requiring Kadam Marketing in Nehru Place, and The Computer Park in NOIDA to desist from copying, reproducing, selling, or loading unlicensed Microsoft software on computer hard disks amounting to copyright infringement, the statement said.
In its plea to the court, Microsoft has claimed that the pirated/unlicensed software was provided by the dealers free of cost to its consumers, as an incentive to purchase computers from them. Independent court commissioners were appointed by the high court to examine computers loaded with pirated software at the dealers' premises respectively, and seize them, if they are found to contain illegal pirated versions of Microsoft software. The court commissioners have filed their search and seizure report before the Delhi high court.
Welcoming the Delhi high court's decision, Brian Campbell, director (Original Software Initiative) of Microsoft India said, "It is critical to understand the damage that pirated software can cause to discerning consumers, and the economy at large. Every year, millions of consumers and businesses are hurt by counterfeit software that they have acquired unwittingly, and many companies that license legitimate software have difficulty competing with artificially low prices offered by software pirates. Consumers, businesses, and resellers continually ask Microsoft for help in mitigating the threat posed by pirates."
Campbell further said, "It is imperative for enterprises as well as individual consumers to bring down the existing levels of piracy in the country so that India's reputation as a knowledge hub is not negatively impacted. Microsoft will continue to take legal action against dealers that sell illegal pirated software to their customers."
Microsoft's legal action was based on evidence that computers sold by these two dealers, were ostensibly loaded with Microsoft software, but were not accompanied by any Certificates of Authenticity (COA), user manuals or original installation CDs, etc., which always accompany sale of any original licensed software program of Microsoft. Microsoft's claim in the respective suits is that these dealers were blatantly indulging in hard-disk loading of pirated Microsoft software programs, by offering the customers to install the software free of cost prior to delivery.
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What are the possiblilities, if we want to resell there products in our areas.
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- ABDUL QUADIR,
ODISI SOFTWARE , SAHARANPUR
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Deals in Software, Website Design, Development, Web Enabled Application Development, |
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- A. Quadir,
ABARIS SOFTECH , SAHARANPUR, ROORKEE, HARIDWAR, MEERUT, MUZAFFARNGR
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Perfectly.infact i very much appreciate the the bold step taken by Ms towards DELHI in her unpleasant software piracy.to me, no trickish manipulations should be left witout a treamendous sanction. |
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- Louis,
Lauremma, Dla
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Microsoft Vista basic was made available in Cochin only after three months of it's launch.Vista Ultimate is also not available.One more fact that Microsoft should be aware is that the way they conduct the raids..it is not in a manner suited for a company that is a world leader.only reducing prices will work in India..I dont think even a person who will be working for Microsoft India will be using genuine OS.Another problem is the selective raids ,because only the big players are raided and the piracy goes on elsewhere ,so if a reseller stops piracy in earnest he will be losing business because everyone else will be doing it.So MS should work hand in hand with resellers rather than create a bitterness in the channel community. |
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- Faizal,
ITNET, Cochin
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I would like to forward this message
to my coleagues/friends for their
information and compliance |
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- Imamuddin Mohd,
Indian Computer, Hyderabad
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I would like to forward this message
to my coleagues/firends, for their information and compliance. |
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- Imamuddin Mohd,
Indian Computer, Hyderabad
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it will resolve,to a large extent but pls check the complete delhi high courts lawyers and judges personal pcs about 85% will be having pirated micorsoft or any other company software.
the problem will be resolved if microsoft offers the OS AND MSOFFICE AT LOW PRICES THEY ARE SELLING AT 4800/0 XP HOME, 6600 XP PRO, 9300 VISTA THEY ARE ACTUALLY CHARGING VERY HIGH OR THE BEST WAY IS TO GIVE PASSWORD ALONG WITH EACH LICENSE SO THAT IT CANNOT BE PIRATED , MICROSOFT THEMSELF ARE PROMOTING PIRACY BY NOT GIVING PASSWORDS |
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- surinder,
HOME USER, HYDERABAD
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Surinder and to all,
If you scout the numerous websites selling microsoft software you will find the prices of windows vista selling at the same price at which MS sells windows XP home edition in India.No one checks for the genuinity of the software. All microsoft software is freely avilable at lot of peer to peer sites with either no fee or very negligible fee. What has microsoft done to stop these? It seems its simply making a fool of us indians and its laws. Unless and until MS lowers prices to an affordable range piracy will continue. No amount of education and harrasment will help. And why harass the dealers and distis, Is the customer ready to pay for such high priced software. Moreover sometimes older versions are not available with the release of new versions. And I strongly agree with surinder, not go far as delhi high courts, let microsoft raid houses of its own employees the results would be the same. Its high time that we stop MS from forcing people from buying their software at such high prices. |
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Boycot Microsoft Hardware to treat a lesson.It's surprise Computer Park Delhi office is a distibutor for Microsoft hardware for Delhi & wat decission Computer Park is going to take for selling Microsoft Hardware.If Computer Park stopped seeling the Products than definetly dealer segment will welcome the decission for tit for tat.United we can force these types of MNC to come down on grass root as well as Govt too to ammend the rule.The big Pirated mkt is China but why Microsoft not able to control the mkt with license copy.its simple China Govt never favour the oppertunity base co like Microsoft. |
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- Wellwisher,
wellwisher, New Delhi
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no , due to this it may increase also |
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- vivek,
shree, pune
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VERRYY GGOOOODDD PPOOIINNTTT |
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Or let Microsoft - with all its knowledge share and technology knowhow - produce unbreakable code, this will stop piracy at its root level....! One good indian example of such an attempt is Postmaster mailserver from Quantumlink, I am yet to see a pirated copy of this software. |
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- S.K.Kumar,
OA Infotech, Vadodara
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The dealers are only soft targets and MS can not hope to reduce piracy by such methods. The only way to teach MS a lesson, and let it kow the value of the channel, is through a complete boycott of MS products unless they eigther curb their exorbitant prices or stop resorting to such high handed tactics. |
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- Anonymous,
Anonymous, Delhi
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Trade unions across All India should come together on this issue and selling Microsoft softwares should be banned in each and every State. |
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- IT expert,
clikservgroup, delhi
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WELL I MUST SAY MICROSOFT SHOULD REDUCE PRICES AT SUCH AN EXTENT WHICH SUITS TO CONSUMER POCKET AS WELL AS COMPANY AND MICROSFOT IN ORDER TO STOP PIRACY. |
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- WELLWISHER,
COMPUTERS, NEW DELHI
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i think microsoft has chosen a wrong way to raid
dealer segment. By this raid it seems that they are
worried for their market share. In turn they should
educate the endusers and corporate sectors, if they
really wish to concentrate to stop the piracy. One of
the major reason is the PRICE factor.
we as a individual association of each city or state
should prepare a clearcut resolution to boycott
Microsoft on one hand and on other hand the topmost
association bodies of India should promote the Linux
based software or any other OS which can be prepared
byd the Indian Software Engineers. They can be
monetorily helped by the various associations in
India. Only the alternative software can be the best
remedy to fight with the Microsoft. In case Tally is
the problem with Linux, Tally people can be asked to
overcome this problem.
Dharmendra
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- Dharmendra Jain,
Ex- President, , Indore
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MS has taken the proper steps for Piracy.But that should be for all.(End user 2 Corporate sector) |
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- Sumant Moharana,
Satyam Computer, Cuttack
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Again....!?! Why dealers only, why not end users? If nothing else, at least consider indian law. Both buyer and seller of pirated (stolen) goods should be punished.
Dealers are but soft targets....God help them!
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- S.K.Kumar,
OA Infotech, Vadodara
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The only reason for pirated software promotions is Microsoft's higher cost of original cd.Basicaly Microsoft is playing with Indian law and harrasing the dealer.A cd cost Rs8 and Microst charging for that cd's at there rate wich vary from 4k to 5.6k.What Indian Govts are getting from Microsoft revenues.Its negligible.Indian law should ammend the India Copyright Act, 1957 which is too older.We are in 21st century and still carrying a law which is too old and on that time Computer was not invented.So,this all MNc's are taking benifit making fool to Indian law. |
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- Wellwisher,
wellwisher, New Delhi
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