possible piracy

[Leythos]

Do not sign *anything*. If you sign a statement as they want, it will stand
in court, and you won't have much of a case.

*IF* they offer you a new, factory sealed copy of Windows XP with the Orange
sticker and COA, you should still not sign for it. They have broken the law
and should be investigated.

I slightly disagree, as long as the document doesn't restrict the op
from any other action, as long as it doesn't restrict the op from any
comment/notification of the authorities, then I would take it
(media/CD/COA) and then go after them. Better to have a legit OS and
then battle them for being a pirate later.

If it were me, I would not even bother. I would document everything and take
them to small claims court.
If they are in the wrong, they will have to pay any fines, damages and
penalties as well as your court costs.

Yes, but that can take time and you don't really know if you'll get a
valid license in the end, better to get the license and then go after
them through the police (you don't have to go the court path).

 

[Guest]

I believe it will go against me if I do not accept a legit CD. (I don't
expect it to b e.....she said "copy") The judge would see it as them trying
to make part of it right & I refused to let them. I think I still have a case
for getting back what he charged me simply because he did it illegally &
charged for things he didn't do. I can still prove he did what he did
illegally.
NOW I NEED AN ATTORNEY...........know one?? lol

 

[Guest]

I agree. I will have to read the letter thoroughly & will refuse to sign if
it releases them from any further liability. I believe they should return my
money & other expenses envolved in this. I also believe they deserve to
appear in the newspaper & have "the town gossip". I wonder..........should I
still go to the local authorities?

 

[Guest]

You're probably correct. If it's not what it is supposed to be, then I should
accept nothing.

 

[Guest]

I believe they will be offering a burnt CD of their own making. I would like
to get out the door with it though!

 

[Guest]

FIRST--I am computer stupid! I appreciate any help, but please make it simple
for me to understand.....TY!

I think I have been pirated. My pc crashed. I took it to repairman. He
talked me into updating from ME to XP. I got tower back, but no CD, floppies,
etc. I have asked for the backup disc, but he will not give me one.
He installed XP Pro Service Pack 2. How do I find out & prove if it is
pirated? How do I get a backup? (He says I can make one, but can't figure out
how...if I can)
I contacted microsoft, but they will not tell me if it is piracy, although
she said she thought it was. Says it is not their customary procedure to
notify me.
I want to take him to small claims court or something, but I need proof.

 

[Guest]

Man I hate low life’s like this guy!

Ok, report him to:

http://www.siia.net/piracy/report.asp?gclid=CIH197KhvYUCFRJbFQod4R-qyw

Then go here and fill out a tip:

https://tips.fbi.gov/

Then here:

https://reporting.bsa.org/usa/home.aspx

Then here

http://www.microsoft.com/piracy/ReportingUs.mspx

File a report with you State Consumer Affairs.

Then file a report with your local police agency as you have been a victim
of fraud.

Write a letter to the in-DUH-vidual and explain you have reported him to the
authorities. Include copies of the forms you fill out...black out ALL
personal information. Ask for your money back. Tell him he has 30 days to
respond or you will sue him in small claims court for fraud.

Found this on another website:

To meet your legal obligations, include the following information in your 30
Day Demand Letter:
1. Your full name and address
2. The description of the unfair or deceptive act or practice including all
the unfair or deceptive practices claimed, the dates involved in the
transaction, and any other important facts. If you know the regulation number
of the regulation violated, you may wish to include it. However, you are not
limited to written regulations or laws.
3. Clearly explain the injury you suffered as a result of the unlawful act
such as:
o Failure to return a security deposit results in the loss of money.
o Sale of a defective household appliance results in the ownership of a
useless and worthless product.
o Purchase of goods through "bait and switch" tactics results in owning
unwanted goods which are more expensive than originally planned
o Failure of the TV repairman to repair a broken set results in payment for
services improperly performed.

The demanded relief including the amount of money you are demanding to
recover. Although it is not required by law, the 30-Day Demand Letter should
be sent by certified mail, return-receipt requested, so that you will have
proof of delivery. Send the letter by regular mail also, and keep a copy for
your files.

Written Offer of Settlement
Once you mail the 30 Day Demand Letter, the merchant has thirty days to
respond in writing. You then must decide to either reject or accept the
merchant’s offer. If you reject an offer which the Court later finds to be
reasonable, then the Court may limit the amount of money you can collect. The
Court may limit your recovery to the amount the merchant originally offered
to you.
The Court may find in your favor because either the merchant never sent a
settlement offer or sent you an unreasonable offer. You then may be able to
recover you actual monetary damages, or $25, whichever is greater.
The Court may also find that the merchant's violation of the Consumer
Protection Act was "willful or knowing," or that the merchant’s refusal to
settle with you was made in bad faith. In either case, you may receive
between two and three times the amount of your actual damages, or $25,
whichever is greater.
If the Court finds in your favor, you are entitled to reasonable attorney’s
fees and costs. However, the Court may not award you attorney’s fees if you
initially rejected a reasonable settlement offer.

You can be assured that this is not the first time this slug has done this
but with your actions and diligence it will be the last.

Good Luck!

ps...sorry for the earlier blank post

 

[Guest]

I appreciate your information. You are one day late on some of it, though. I
filed a complaint with Microsoft & the BSA a couple weeks ago. Last Monday I
gave the repairman a verbal deadline of Friday to give me my legit product or
I was going to the local authorities. He laughed & told me to go ahead. 20
mins. later the wife called & said they had spoke with their attorney & the
only thing they could do was uninstall the XP & reinstall my ME. I had
already been advised not to let them have my pc & told her so. 30 mins. later
he calls & says I can pick up my product Thursday & sign a letter stating I
had received it. When I arrived, they had the home version & a letter
releasing them of any further liability. I told her the PRO version was on my
pc & that's what I needed. She said that was all they could do for me, so I
left with nothing & signed nothing. Friday I filed a small claims case & went
to the sheriff dept. They said I would have to report it to the city first.
They said the city may not be able to handle it (I am in a very small town) &
that I may have to come back with them. I filed a report with the city police.
I will keep your letter on file & follow up with the other reporting sites,
if need be.
By the way........small claims said I did not need to send a written notice.

 

[Leythos]

Just an update for everyone that participated in this thread:

The computer owner was offered a different version of XP than the vendor
had installed and it was refused. The vendor tried to get the computer
owner to sign-off on the deal and the owner would not.

The computer owner contacted the authorities and was directed to take it
to small claims court and won by default - the vendor didn't how up at
court.

The vendor now has 10 days to respond and if not, then the computer
owner wins - the bad part is the owner has to collect some way on their
own, but the judgment is against the vendors business.

The vendor is also being watched by the authorities and the MS Piracy
group has reported that they are investigating the vendor too.

Sometimes WGAN really does work and it really does catch pirated copies
properly.

 

[Fitz]

Actually, once the judgment is entered, the Sheriff of the county will levy
on the defendant's assets (seize enough property to satisfy the judgment if
the property should have to be auctioned to enforce the judgment). Pretty
much painless for the Plaintiff.
***

 

[Leythos]

Actually, once the judgment is entered, the Sheriff of the county will levy
on the defendant's assets (seize enough property to satisfy the judgment if
the property should have to be auctioned to enforce the judgment). Pretty
much painless for the Plaintiff.

They were under the impression that unless there was money that could be
reached that they would have to wait or find some other means.

It would be really great if the local authorities would collect for
them.

 

[Fitz]

Doesn't have to be money they seize...it can be any asset such as printers,
chairs, file cabinets, computers, desks, work bench...anything that can be
sold to satisfy the judgment. At least that's the way it is in N.C. and
most likely similar or the same in other states.

Regards,
Fitz (retired deputy)
***

 

[Weatherlawyer]

Just an update for everyone that participated in this thread:

The computer owner was offered a different version of XP than the vendor
had installed and it was refused. The vendor tried to get the computer
owner to sign-off on the deal and the owner would not.

The computer owner contacted the authorities and was directed to take it
to small claims court and won by default - the vendor didn't how up at
court.

The vendor now has 10 days to respond and if not, then the computer
owner wins - the bad part is the owner has to collect some way on their
own, but the judgment is against the vendors business.

The vendor is also being watched by the authorities and the MS Piracy
group has reported that they are investigating the vendor too.

Sometimes WGAN really does work and it really does catch pirated copies
properly.

Works for who?

The victim is considerably out of pocket and has no way of getting
anything back without yet more effort -if then.

The moral of the story is leave the pirates alone and let Microsoft
find some other way around the problem. The victim would have been
better off if on finding she had a dodgy copy that wouldn't update she
had gone to a reputable shop and got a genuine disk.

Or learned to live with the one she had -or went Linux.

 

[Guest]

I was told it would be up to me to collect. I have to find a bank account
number or garnish his wages (which he probably doesn't show any). I go Monday
to file (& pay onother court cost). I'm going to try to go after the business
first, although I was told that may not work. If the place is financed, then
he owns nothing in the store.
Microsoft & the local authorities are investigating him, so I may have to
just be content with him being put out of business.

Actually, once the judgment is entered, the Sheriff of the county will levy
on the defendant's assets (seize enough property to satisfy the judgment if
the property should have to be auctioned to enforce the judgment). Pretty
much painless for the Plaintiff.
***

 

[Guest]

Turns out, the computer repairman ran a copy of a new (OEM) system. The local
authorities & Microsoft are investigating him.
I begin the process of trying to collect 7/24. It is completely up to me to
find assests, etc. Then I can file to garnish wages, seize property, etc.

 

[Guest]

I filed against the repairman dba the business....so that gives me 2 sources.

 

[Guest]

Since you're a retired deputy any tips on collecting? It is up to me to
find assets.

Doesn't have to be money they seize...it can be any asset such as printers,
chairs, file cabinets, computers, desks, work bench...anything that can be
sold to satisfy the judgment. At least that's the way it is in N.C. and
most likely similar or the same in other states.

Regards,
Fitz (retired deputy)
***

 

[Fitz]

The way it works in NC is the defendant is served with the judgment after
the court rules in your favor. There may be a waiting period of 30 days
(depending on your state law). Once the court orders the judgment enforced,
the Sheriff can go to the place of business and seize any assets from the
business and hold them until the judgment is satisfied (usually 30 days).
If the judgment remains unsatisfied then the Sheriff can auction the items
to enforce the judgment (less a small fee). After the initial court
verdict, you shouldn't have to do anything.

I've served judgments on people that had no assets and a couple of years
later had some assets.
In one case, the judgment was still valid and I immediately seized the asset
(in this case...a car) and it was later sold at public auction.
In another case, I helped serve a $500,000 judgment on a nationally known
rock band. We seized guitars, amps, drums, assorted musical instruments,
jewelry from the band members and lighting equipment. We didn't seize the
limo or band bus because we had enough assets to cover the $500,000 judgment
if we auctioned the equipment. As it turned out, the band struck a deal
with the plaintiff and the stuff didn't have to go on the block.
I've seized myna birds, condominiums, bank accounts, tools and clothing.
Almost nothing is protected.

I wouldn't think you'd have to find the assets (maybe your state is
different than NC) but start with the Tax Office and Register of Deeds.
Check business licenses. If it's a small amount of money, he may have
enough cash in the cash register. Remember, he doesn't have to own the
property free and clear. If there's a (legitimate) lien, the lien holder
will be protected before you. Anything over the lien holders interest will
be used to satisfy the judgment.
***

Since you're a retired deputy any tips on collecting? It is up to me
to
find assets.

 

[Leythos]

Works for who?

The victim is considerably out of pocket and has no way of getting
anything back without yet more effort -if then.

The moral of the story is leave the pirates alone and let Microsoft
find some other way around the problem. The victim would have been
better off if on finding she had a dodgy copy that wouldn't update she
had gone to a reputable shop and got a genuine disk.

Or learned to live with the one she had -or went Linux.

Your statement doesn't make sense, the victim has already been impacted
by the pirate vendor and already has a problem, going to another vendor
would only cause her more cost, even more than the costs so far.

As for not doing anything, well, that is a matter of ethics - I applaud
her ethics for going after the pirate vendor, and it means that others
may not be subjected to the same piracy. In the end, she's done the
proper things, has an award, and may be able to collect, and there is
always the authorities that can put the pirate out of business.

Linux, while a great solution for many, may not be a solution path for
her.

 

[Guest]

Apparently Missouri is different. I was told it was up to me to find assests
& then file to seize. They do not do anything voluntarily. I filed against
the shop owner dba the shop. The courts told me a bank account number is
easiest, but I have no idea how to find that out. I paid cash & they didn't
have change for a $5, so I got $2 off the bill! I doubt he shows a salary. My
thinking is to file against the store, but the courts said if it is all
mortgaged then they can't take anything. They have 2 vehicles, but I don't
know what (or how to get) the information to seize them. Real estate is
except.