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serious enough to sue?

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sup3rcarrx8

sup3rcarrx8

Member
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Joined
Jun 23, 2003
Location
Folding in California
Hey guys. My friend recently bought a custom computer from a local comptuer store and he's unsure if the copy of Windows XP is real or not. Are there ways to distinguish real from fake versions? If it does in fact turn out to be a fake version, is it possible that he could sue the store or something for selling a computer with a fake OS? Thanks. :rolleyes:
 
Yes, that tool will check and, IIRC, if it's found to be a fake, you'll get a real key from MSFT.
 
I believe they are also required to affix the Microsoft sticker with the activation key to the machine somewhere. Does he have the sticker with a key and hologram on the machine anywhere?
 
Why not ask microsoft themselves?
http://www.microsoft.com/resources/howtotell/ww/default.mspx
http://www.microsoft.com/resources/howtotell/ww/windows/default.mspx

If it's real....then good for you. If it's fake: you've got options. Personally I would take that copy back to the store and ask for a new/real copy or at least a refund of the purchase price of the software. After you've got a real copy, I'd give Microsoft a call and report everything you know about the store and exactly what happened. I'm sure the store and its owner will be getting a call or visit and a heafty fine at minimum.

People are sue-happy, does anyone know how much time, energy, and money it takes to actually sue someone? And what are you sueing for? A copy of windows? emotional damage? Sueing people should be a last resort when all negotiations have failed, and you must plead your case to a judge that has the authority and power to do so.
 
My thoughts pretty much excaly. Something this small, though it may be legal. Is not really worth sueing over. Your friend is not hurt, and it seems like a cheap way to get some money to me. Anyway if it is fake, and he does try to return it, then I would wave the legal issues around a little. Thouhg don't say something like give me 1000 bucks or I wil lreport you because I believe that alone is against the law.
 
actually, if you alert microsoft, they will sue for you for a BUNCH of money.

How do I know?

A good friend of mine, years ago, had a decent PC business. Then he got caught installing illegitimate copies of Windows 98 and ME on all the systems. Someone Tech-savvy caught on, informed Microsoft, and he settled out of court with them for $10,000 in damages for the 2 systems ALONE mentioned in the suit they brought against him.
 
sup3rcarrx8 said:
Hey guys. My friend recently bought a custom computer from a local comptuer store and he's unsure if the copy of Windows XP is real or not. Are there ways to distinguish real from fake versions? If it does in fact turn out to be a fake version, is it possible that he could sue the store or something for selling a computer with a fake OS? Thanks. :rolleyes:
Click to expand...

Yeah, a very simple way, if he bought the system with XP installed, he should have AT THE VERY LEAST the OEM XP CD, with the serial on the manual or jewel case, and I mean an actual MS serial label, not something printed on masking tape. If he doesn't have the CD, he got ripped off.

To sue them? Waste of time, just get a legal copy from the store, then report them.

tenchi86 said:
I believe he could yes. For false advertising. Though I think MS would be the main ones to go after them. Also is it a preinstalled OS? No repair Cd with it or anything like that? This tool should help him/her either way.
Click to expand...

Repair CD's are illegal, you can't sell a system and include the price of a repair CD and no original CD with the OS. Can't stress this enough, if an MS OS is pre-installed on a system, the original CD with the OS must be sold with the system. ANYTHING else is illegal, when the system is sold to an individual, there are no exceptions for single systems.
 
tenchi86 said:
Not illegal if its from a company. I dont see anywhere were it says if its a dell, or a viaom or some custom rig.
Click to expand...

It was stated in the first post that it was a custom rig. That really doesn't make any difference what so ever. A system cannot be sold with a Microsoft OS unless the original CD accompanies it. There are no exceptions, MS has that particular rule chisled in stone, there's no arguing it :shrug:
 
Brundle Fly said:
It was stated in the first post that it was a custom rig. That really doesn't make any difference what so ever. A system cannot be sold with a Microsoft OS unless the original CD accompanies it. There are no exceptions, MS has that particular rule chisled in stone, there's no arguing it :shrug:
Click to expand...

So not true. As an OEM system builder I am allowed to make a system restore CD that includes the MS OS and all the necessary drivers for my rig. As long as the valid windows lisence key is affixed to the side of the machine it's perfectly legal. I am not required to send the customer a "real" microsoft copy of the OEM CD. Why do you think microsoft even provides the System management and System Preperation software to resellers ? It is so that you can make a restore CD the same way that Dell, Toshiba, and a ton of other resellers do.

J.
 
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