Pranjal Baruah (Assistant Manager (Finance & Accounts)) 31 August 2015

Pirated software_retailer liability

Microsoft has asked the buyer to get the original OS installed in the machines within a particular date failing which legal actions will be initiated as per the provisions applicable under the Information Technology Act,2000.The buyer is of the opinion that the retailer who supplied the machines is answerable to Microsoft as it is the duty of the retailer to get the applicable software installed before delivering the machines to the buyer.If or not the OS is original or pirated is the sole responsibility of the retailer.
But as per my knowledge a retailer only sell the hardware not software unless the OS comes preloaded with the machine.If the retailer has supplied the machine with pirated OS instead of the original when the machine comes preloaded with original OS then only the retailer can be held responsible.Kindly enlighten if the argument of the buyer is valid or not.

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4 Replies

jyotirmaya behera (advocate) 04 September 2015

Now days maximum are using the pirated OS because of the original OS is costly.

1st if u want to use pirated OS then don’t update. If u update your OS them Microsoft catch or seize your OS but there is no problem only problem is your OS ( right side of your desktop screen will show WINDOW GENUNEE).

2nd retailer only provides you the hardware not the software. if there is instruction to install the Original OS then the retailer install the Original OS. Mainly the retailer used Pirated OS and the retailer is not the responsible for the pirated OS.

Priyanka Kulkarni (Advocate and Intellectual Property Attorney Solicitor (England and Wales) (NP)) 12 September 2015

Hello, First of all, if the machine is purchased with pre-installed OS then vendor is liable for pirated OS. For further details, you may contact me. Regards, Priyanka Kulkarni IP Attorney LL.M. King's College London Solicitor of England and Wales (NP)

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 16 December 2015

1) If the machine is purchased with pre-installed OS, then the vendor is responsible.

2) The retailer sells hardware and OS is installed seperately the seller disowns for piracy to avoid penalty and the onus falls on buyer.

3) If its for commercial use, better always go for genuine original OS only.

Follow the link to throw some light on the subject.

https://www.bcmtouring.com/forums/threads/pirated-software-laws-in-india.34456/

Democratic Indian (n/a) 25 March 2016

Unless you have evidence like reciept or cash memo proving the retailer sold you the OS, you will be held liable.

There are so many free and open source Operating Systems and software, there is hardly any need to buy any closed source software. You may think about installing any Linux OS, like Ubuntu or anything similar to permanently get rid of these kind of worries.