Microsoft gets order against computer firms

Two computer sales businesses have been ordered by the High Court to stop selling products equipped with software programmes owned by Microsoft.

The businesses are selling fully equipped PCs and laptops for prices which either only marginally cover or cost less than the retail cost of one of Microsoft's best known programmes, the Office suite of products, Microsoft claimed.

As a result of yesterday's orders, Comworld Ltd, trading as Computer Works and its directors Paul and Andrew Byrne, of Unit 5, Cian Park, Drumcondra, Dublin, along with Aidan Connolly, trading as AC Computer Services, of Morristown Biller, Newbridge, Co Kildare, must discontinue the sale or distribution of products containing Microsoft's copyrighted software until the case comes before the court again in the new year.

Paul Byrne was in court yesterday and he consented to an earlier order preventing him and his company from infringing Microsoft's copyright.

In an affidavit, Kieran O'Connor, solicitor for Microsoft, said his client had learned that a number of computer retailers had been selling products with pre-loaded software "at little or no extra charge to the customer". It was clear these retailers were using copies of Microsoft programmes in order to sell computer systems and had not received a licence from Microsoft, he said.

An investigator working for Microsoft, had called to Mr Byrne's company, Computer Works, on November 5th last and was sold a laptop for €340, inclusive of VAT. On the following day, the investigator, Brendan Mallen, called to Mr Connolly's premises, AC Computer Services, and bought a personal computer for €550.60, including VAT.

The "single user licence" price for Microsoft Office Professional 2003, with which the computers came pre-loaded, was €469. Mr O'Connor said he believed both sellers were "clearly infringing" the copyright and involved in the sale of unauthorised copies of software.

He believe that other retailers would come under increasing commercial pressure to deal in illicit copies of Microsoft's software unless these two operators were restrained from doing so.

Ms Justice Mary Laffoy ordered that an earlier injunction granted against all parties continue in force until January 14th next.