In a statement, David Finn, associate general counsel, Worldwide Anti-Piracy and Anti-Counterfeiting at Microsoft yesterday said:
'Comet has sought and received legal advice from leading counsel to support its view that the production of recovery discs did not infringe Microsoft’s intellectual property.
Comet firmly believes that it acted in the very best interests of its customers. It believes its customers had been adversely affected by the decision to stop supplying recovery discs with each new Microsoft Operating System based computer.
Accordingly Comet is satisfied that it has a good defence to the claim and will defend its position vigorously.'
The IPKat is not as yet aware of the full facts of the case. However, it seems to him that if such discs were made in advance and not in response to a specific request from a customer, Comet may have difficulties in establishing that it made the discs as a result of a request from a 'lawful user'. Further, even if Comet could succeed on this point, the alleged charge of £14.99 per recovery CD seems disproportionate to the cost incurred by Comet in actually making it.
Merpel: Linux, anyone?
Recovery position here