Pirated software_vendor liability
Pranjal Baruah
(Querist) 28 August 2015
This query is : Resolved
Kindly enlighten on the provisions of law if the computer retailer supplies machines fitted with pirated OS and there is no mention of the same in the retail invoice.Whom will the software company make liable the retailer or the end user.
P. Venu
(Expert) 29 August 2015
Pl. state your specific problem if any.
Rajendra K Goyal
(Expert) 29 August 2015
Classroom query, what is problem and how are you related?
Kumar Doab
(Expert) 29 August 2015
Post all facts.
Pranjal Baruah
(Querist) 31 August 2015
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.
Kumar Doab
(Expert) 31 August 2015
Anything that is sold for which payment is to be collected and and bill is to be raised, is to be itemized in bill.
If seller has sold but not billed seller is liable.
If seller is sold pirated/fake material then seller is liable.
Buyer should notice the seller now, of course thru his lawyer !
