[m4tt]

Comet has issued a response to the lawsuit:

“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.”

I have updated the article to reflect this.

[macca321]

Well I bloody hate it when you go round to fix your uncle's PC and then ask for the recovery CD and there isn't one because MS didn't want him to have one. Go Comet!

[cooldeal]

>because MS didn't want him to have one

I thought the PC manufacturers were the ones that used to give out recovery discs and not MS?

[mjhall]

They were, but my most recent experience has been that Windows will offer to make one for you on the first boot of a new machine.

[sigzero]

There is generally a way to burn your own if you want them. That would be your Uncle's fault and not Microsofts. I am not an MS fan either. While I understand what Comet is saying to try and defend themselves, they cannot in this in this case.

[chalst]

MS have frequently insinuated that rescue disks are not clearly within the shrinkwrap TOS. For example, from Wikipedia, http://en.wikipedia.org/wiki/List_of_live_CDs:

> Microsoft representatives have described third-party efforts at producing Windows-based Live CDs as “improperly licensed” uses of Windows, unless you use it solely to rescue your own, properly licensed Installation. However, Nu2 Productions believes the use of BartPE is legal provided that one Windows license is purchased for each BartPE CD, and the Windows license is used for nothing else.[http://www.nu2.nu/pebuilder/licensing/]

I hope that Comet wins this one. What Comet was doing I think, in essence, follows the intuition that Nu2 gave. In any case, pushing back against these kinds of IP restrictions is basically a win for our freedom to tinker.

[cooldeal]

>MS have frequently insinuated that rescue disks are not clearly within the shrinkwrap TOS

BartPE is a live environment, not a restore disk by any means.

[dan1234]

Did Comet seek Microsoft's permission to start mass producing recovery discs? Did they make any profit by selling them?

I'd imagine a certain amount of money will change hands and hasty apology made before the issue quickly disappears, especially considering Comet is currently being sold to another company.

[Tyrannosaurs]

You'd have thought that MS and Comet would have discussed this before MS launched legal action. The fact it's come to this would suggest that at least initial attempts to reach a settlement have failed.

I actually support Comet in this case - I think they're doing the right thing by their users - but I suspect legally MS have got them banged to rights.