Computer software giant Microsoft has successfully applied to the Dublin Circuit Court for an order restraining Dublin-based J D Computers and its director and manager, Mr John Downey, from infringing Microsoft intellectual property rights.
Microsoft alleged that an agent, acting on its behalf, purchased a PC on March 26th, 1998, from Mr Downey. When Microsoft examined the PC it was confirmed that the hard disk was pre-loaded with Microsoft Windows '95 and Microsoft Office '97. No CDROM or manual accompanied the PC nor was there a certificate of authenticity or an end user licence agreement.
The court granted orders restraining J D Computers and Mr Downey from infringing Microsoft's Irish-registered trademarks and copyright. According to Mr Anthony Delaney, anti-piracy manager at Microsoft Ireland, the company may seek compensation, though it has not yet decided on its next course of action.
A spokesman for J D Computers and Mr Downey told The Irish Times that the company may contest the ruling. J D Computers says it does not normally sell directly to consumers and claims that in this case Mr Downey was put under pressure by the customer to complete the transaction. J D Computers continues to sell Microsoft software to Microsoft distributors in Ireland.
Microsoft has warned consumers against purchasing PCs preloaded with software, without any manuals or licensing materials. Facilities like technical support and upgrade offers are automatically lost. The consequences are more serious for businesses, which can suffer reduced operational, financial, legal and other business functions. It can also expose the purchaser to legal liability.
