Man ordered to stop eBay software sale

A man employed by Waterford Institute of Technology has been ordered by the High Court to stop selling software on the eBay website…

A man employed by Waterford Institute of Technology has been ordered by the High Court to stop selling software on the eBay website after Microsoft claimed it was counterfeit.

Ms Justice Maureen Clark yesterday continued an injunction against the man, named as Qing Zhay and also known as Qing Zhang and Quang Zhang.

Microsoft claims he is engaged in a sophisticated operation selling copied software programmes on the eBay auction site. The company got an interim injunction last week against the man who, it alleged, had been selling its programs, including Windows XP Professional and Office 2003 Professional.

The action is part of a global move by Microsoft against the sale of pirated software on auction sites. Earlier this week, the world's largest software company said it had filed 51 lawsuits in different jurisdictions related to this practice.

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Kieran O'Connor, solicitor, said in an affidavit for Microsoft that the counterfeit products were sold on eBay's UK site at less than half their retail price and were shipped to purchasers from the defendant's base in Waterford.

Microsoft wanted the defendant restrained from selling any software to which the company owns the copyright.

The company also sought an order requiring him to deliver up any infringing copies of these programs which he has in his possession. Microsoft also sought an order directing him to provide information on the origin of all Microsoft products in his possession.

When the case came back to the High Court yesterday, Mr Zhay failed to appear. Michael Vallely, for Microsoft, said Mr Zhay had indicated he would be in court but Microsoft had no wish to be heavy-handed in relation to the matter.

Ms Justice Clark agreed to continue the injunction until January 14th.