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Microsoft Files Eight Counterfeiting Lawsuits

Suits allege those sued used counterfeit software.

Scarlet Pruitt, IDG News Service

Microsoft has filed eight U.S. lawsuits against computer systems builders and resellers for allegedly distributing counterfeit software and software components, it said Monday.

The suits were filed against Abacus Computer and Technology One, in California; Avantek of Orlando, Florida; First E-Commerce in Austin, Texas; M&S Computer Products in Boonton, New Jersey; Micro Excell of Gadsden, Alabama; Odyssey Computers in Pasadena, Maryland; and Signature PC of Warwick, Rhode Island.

The suits allege copyright and trademark infringement and were filed after the software maker sent cease-and-desist letters to the companies, Microsoft said. The Redmond, Washington, company filed similar suits against eight other dealers in 2004.

Test Purchases

Microsoft discovered the alleged counterfeiting during its test purchasing program, under which it buys software from dealers to test for authenticity.

Counterfeit software undermines the business of legitimate products and accounts for 22 percent of the software being used on U.S. computers today, Microsoft said.

In an effort to fight piracy, the company lobbied for new legislation that provides criminal and civil penalties for the distribution of stand-alone Certificate of Authenticity (COA) labels or authentic COA labels that are separated from the software they are intended to certify. That legislation, called the Anti-Counterfeiting Amendments Act of 2003, was signed into law by U.S. President George Bush in December 2004.

One of the resellers was also sued for allegedly violating the new law, Microsoft said.

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