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Article #311

Microsoft Corporation Takes Legal Action Against Calgary Resellers

#311
From: shanialee
Date: Wed, 29 Dec 1999 00:00
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Microsoft Corporation Takes Legal Action Against Calgary Resellers
1st Time in Canada Software Pirate Sued for Distributing Unlicensed Copy of
Office 2000
MISSISSAUGA, Ont. - December 14, 1999 - Microsoft Canada today announced
that Microsoft Corporation has filed a lawsuit against a Calgary reseller
suspected of illegally distributing unlicensed copies of Microsoft� Office
2000. This is the first time that a lawsuit has been filed in Canada against
a company for allegedly distributing unlicensed copies of Microsoft's latest
Office suite, which was launched this summer. The lawsuit is one of two
filed against Calgary resellers suspected of illegally distributing
unlicensed software on computers sold to customers.

Calgary is the fourth city to be targeted by Microsoft as part of its
ongoing national sweeps program. The program aims to reduce piracy in the
channel and protect consumers from the risks of purchasing unlicensed
software. In the past, Microsoft has conducted similar sweeps investigations
in Toronto, Vancouver, and Montreal and has taken action against more than
30 companies suspected of illegally distributing software.

"It is disturbing to see such a new software product being the subject of
suspected piracy," said Michael Eisen Director, Law and Corporate Affairs
for Microsoft Canada. "This certainly underscores that we need to continue
to be vigilant in protecting our intellectual property rights."

Microsoft Corporation has filed lawsuits in the Federal Court of Canada
claiming damages and injunctive relief for copyright infringement. The basis
for the claims is the alleged unauthorized duplication and distribution of
Microsoft software by the following businesses:


Artech Computer Services Ltd., located at #7, 1715 - 27th Avenue NE in
Calgary, for allegedly loading unlicensed copies of Microsoft Office 2000
(Premium Edition)
Y&H Computers, located at 1502 - 14th Street SW in Calgary, for allegedly
loading unlicensed copies of Microsoft Office 97 (Professional Edition)

Both Calgary resellers were identified after private investigators visited a
number of resellers suspected of hard disk loading, one of the most common
forms of software piracy. Hard disk loading is the installation of software,
for which a company has no license, onto a computer's hard disk before it is
sold to a customer.
First, a "cease and desist" letter warns the reseller that their business
has been reported to be involved in suspected illegal activity and any
future infringing activity may result in Microsoft taking action to enforce
its rights. Next, private investigators posing as customers attempt to
conduct "controlled purchases" from the suspected resellers who have been
sent cease and desist letters.

"There is no perfect formula for catching illegal resellers," said Mary
Peterson, Western Regional Manager for Microsoft Canada. "Our best response
is to continue with our anti-piracy initiatives which include activities
such as the national anti-piracy sweeps campaigns, and the Northern Lights
Awards. In Calgary, it seems to be working because we've heard from many of
our resellers that they are aware of the programs and they're on-board with
their support."

The Northern Lights Awards, introduced last year by Microsoft, is a partner
recognition program for anti-piracy leadership in the software channel.
Partners are recognized in the following categories: retailer, distributor,
large account reseller and solution provider.

"We work really hard and software piracy cuts into our overall success. We
appreciate the assistance Microsoft offers us with its anti-piracy
activities," said Paul Comessotti of MaX Systems Group Inc. in Calgary.
"Distributing unlicensed software is against the law and the net result is
an economy that is weaker in Alberta as well as the rest of Canada."
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From: "shanialee" <jrhodes0@home.com>
Subject: Microsoft Corporation Takes Legal Action Against Calgary Resellers 
Date: 1999/12/29
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