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violet

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Jun 5, 2006, 12:23:02 PM6/5/06
to
FIRST--I am computer stupid! I appreciate any help, but please make it simple
for me to understand.....TY!

I think I have been pirated. My pc crashed. I took it to repairman. He
talked me into updating from ME to XP. I got tower back, but no CD, floppies,
etc. I have asked for the backup disc, but he will not give me one.
He installed XP Pro Service Pack 2. How do I find out & prove if it is
pirated? How do I get a backup? (He says I can make one, but can't figure out
how...if I can)
I contacted microsoft, but they will not tell me if it is piracy, although
she said she thought it was. Says it is not their customary procedure to
notify me.
I want to take him to small claims court or something, but I need proof.

Message has been deleted

violet

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Jun 5, 2006, 1:50:02 PM6/5/06
to
Is there a way for me to get information off my computer to prove this? As I
said, I would like to take him to small claims court & get my money back. I
don't believe he is going to supply me with the disc. I have contacted him 3
times & he keeps giving me the run around. He says I got what I paid
for.....uninstalling ME & installing a new program. He said it didn't matter
what system he put on my pc, ie. 98, Me, XP. How do I get a disc if he
doesn't give me one?
I have already reported him to microsoft & BSA. Why contact the local
authorities? What would they do?

"Leythos" wrote:

> In article <177873B0-A34B-40D9...@microsoft.com>,
> vio...@discussions.microsoft.com says...


> > I think I have been pirated. My pc crashed. I took it to repairman. He
> > talked me into updating from ME to XP. I got tower back, but no CD, floppies,
> > etc. I have asked for the backup disc, but he will not give me one.
> > He installed XP Pro Service Pack 2. How do I find out & prove if it is
> > pirated
>

> If your computer was upgraded from ME to XP and you didn't get the
> official XP Upgrade disk or a Full/OEM XP Disk, then you got a pirated
> copy of XP.
>
> Tell the vendor that you want a legit XP CD/media or you're going to
> report him to Microsoft and the BSA, and even the local authorities.
>
> DO NOT LET HIM BACK AT YOUR COMPUTER once you do this.
>
> He should also provide a COA (a Microsoft Sticker) that includes a 25
> digit key:
>
> A COA might look like one of the following:
>
> http://www.zodiac.com.hk/zodiac/resources/MS_Windows_XP_Home_sticker.jpg
>
> http://img.pconline.com.cn/images/bbs4/2005/09/11/1126431876386727.jpg
>
> http://www.a-computers.ca/imags/windowscoa.gif
>
> --
>
> spam9...@rrohio.com
> remove 999 in order to email me
>

AMDX2

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Jun 5, 2006, 1:54:22 PM6/5/06
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contact them and find out.


"violet" <vio...@discussions.microsoft.com> wrote in message
news:65715833-508C-4BAA...@microsoft.com...

violet

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Jun 5, 2006, 2:08:02 PM6/5/06
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I contacted microsoft. The lady said she thought it was piracy, but could not
tell me for sure. She also said they would not advise me as the their
investigation or the results of it.

Ivar

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Jun 5, 2006, 2:44:51 PM6/5/06
to
http://www.microsoft.com/genuine/downloads/whyValidate.aspx

"violet" <vio...@discussions.microsoft.com> wrote in message

news:177873B0-A34B-40D9...@microsoft.com...

Message has been deleted

Glen

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Jun 5, 2006, 4:27:40 PM6/5/06
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Go to Windows update and see if it is reported as non genuine version.
Assuming it is non genuine then make a note of the serial number and product
ID for use in court. Get the serial from magic jellybean. Get product ID
from right click my computer, system properties general tab, under
registered to.

Magic Jellybean
http://www.magicaljellybean.com/keyfinder.shtml

I think Belarc Advisor freeware can give youe any needed numbers but Im not
100% sure.
--
Please repost if you find the fault

Glen P
~~~~~~~~~~~~~~~~~~~~~


"violet" <vio...@discussions.microsoft.com> wrote in message

news:1C19AB51-82FF-4154...@microsoft.com...

Larry Samuels

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Jun 6, 2006, 12:07:06 AM6/6/06
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Umm, possibly arrest him for software piracy if you file a complaint.
It is illegal to install any MS os without providing the original media and
COA to the customer.

--
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone- www.microsoft.com/windowsxp/expertzone


"violet" <vio...@discussions.microsoft.com> wrote in message
news:65715833-508C-4BAA...@microsoft.com...

violet

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Jun 6, 2006, 8:28:01 AM6/6/06
to
My system information gives me my first name & a number. Under
microsoft....updates says none available, but through the "custom" button, it
gives 1 uncritical update for media player. (this work was done 5/16, so
could there just not be any yet?) I went to jellybean....it gives me no
number. I couldn't figure out where to go & what to do at Belarc.

violet

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Jun 6, 2006, 8:34:01 AM6/6/06
to
I contacted the repairman almost 2 weeks ago about a disc. At first he said
he would take $99 out of his own pocket & order me one. The day it was
supposed to be here, he said it didn't come in. The next day, his wife called
& said it still didn't come in. She said UPS must have lost it & they were
going to track the shipment. I do have my receipt, but it doesn't state which
version he put on it. It just says "reinstall operating system with all
updates".

"Leythos" wrote:

> In article <65715833-508C-4BAA...@microsoft.com>,
> vio...@discussions.microsoft.com says...


> > Is there a way for me to get information off my computer to prove this? As I
> > said, I would like to take him to small claims court & get my money back. I
> > don't believe he is going to supply me with the disc. I have contacted him 3
> > times & he keeps giving me the run around. He says I got what I paid
> > for.....uninstalling ME & installing a new program. He said it didn't matter
> > what system he put on my pc, ie. 98, Me, XP. How do I get a disc if he
> > doesn't give me one?
> > I have already reported him to microsoft & BSA. Why contact the local
> > authorities? What would they do?
>

> If you report him to the local authorities it will put local pressure on
> him, as MS and the BSA are not likely to go after a small pirate.
>
> If you have a receipt, if you have something that shows that he did the
> work, or something that shows that HE installed it, then you have a
> case, and the local authorities should be notified.
>
> Call him up, tell him that if he doesn't provide valid/licensable media
> and COA, that you are going to contact the local authorities - most
> pirates will cough up a legal copy rather than risk more legal action.
>
> After you get everything, report him anyway for making you jump through
> all those hoops.

violet

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Jun 6, 2006, 8:56:01 AM6/6/06
to
I clicked on the validation key. It did not give me the gold colored bar at
the top of my screen (for active X), however, the next screen that came up
said...thanks for validating
Message has been deleted

violet

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Jun 6, 2006, 5:05:02 PM6/6/06
to
I contacted his store this morning. Of course, he wasn't there & is suppose
to call me this afternoon. I'm going to wait till 4:30 & call, if he has
not........which I don't think he will. I will leave the message you gave me,
giving him a deadline of Friday 6/09. I plan to go to the police & the
courthouse on Monday.
I appreciate your taking the time to help me. As I said, I am computer
stupid, but I just felt something was rottten in Denmark! I now feel I can go
up against this guy.

"Leythos" wrote:

> > Is there a way for me to get information off my computer to prove this? As I
> > said, I would like to take him to small claims court & get my money back. I
> > don't believe he is going to supply me with the disc. I have contacted him 3
> > times & he keeps giving me the run around. He says I got what I paid
> > for.....uninstalling ME & installing a new program. He said it didn't matter
> > what system he put on my pc, ie. 98, Me, XP. How do I get a disc if he
> > doesn't give me one?
> > I have already reported him to microsoft & BSA. Why contact the local
> > authorities? What would they do?
>

> If you report him to the local authorities it will put local pressure on
> him, as MS and the BSA are not likely to go after a small pirate.
>
> If you have a receipt, if you have something that shows that he did the
> work, or something that shows that HE installed it, then you have a
> case, and the local authorities should be notified.
>
> Call him up, tell him that if he doesn't provide valid/licensable media
> and COA, that you are going to contact the local authorities - most
> pirates will cough up a legal copy rather than risk more legal action.
>
> After you get everything, report him anyway for making you jump through
> all those hoops.
>
>

Message has been deleted

violet

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Jun 7, 2006, 12:41:01 AM6/7/06
to
I'm glad I had your warning. They called & said they had talked to their
attorney & the only thing they could do was have me bring in my tower & they
could uninstall XP & reinstall my ME. I told them I had been advised not to
let them have it. She called back & said they had talked to Microsoft & I can
come in Thursday morning & pick up a "copy" of my system. She also said she
would have a letter for me to sign, stating I had received it.


"Leythos" wrote:

> In article <595E2F98-107E-4D6B...@microsoft.com>,
> vio...@discussions.microsoft.com says...


> > I contacted his store this morning. Of course, he wasn't there & is suppose
> > to call me this afternoon. I'm going to wait till 4:30 & call, if he has
> > not........which I don't think he will. I will leave the message you gave me,
> > giving him a deadline of Friday 6/09. I plan to go to the police & the
> > courthouse on Monday.
> > I appreciate your taking the time to help me. As I said, I am computer
> > stupid, but I just felt something was rottten in Denmark! I now feel I can go
> > up against this guy.
>

> Make sure you post how things turn out, I'll monitor the group for your
> reply (keep the same Subject if you can).
>
> Just make sure that you don't fall for the "You have to bring the
> computer into the office so that I can legally past the COA sticker on
> the box in the proper location" - this would be a warning that he might
> wipe the entire drive to hide any evidence. Also, make sure you don't
> hand over your receipt, it's evidence now.

Larry Samuels

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Jun 7, 2006, 1:22:55 AM6/7/06
to
They are running scared.
Don't sign anything unless the cd and COA are originals. Do not accept a
burned disk or a key written /typed.


--
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone- www.microsoft.com/windowsxp/expertzone

"violet" <vio...@discussions.microsoft.com> wrote in message

news:0FA2D26F-F837-471E...@microsoft.com...

violet

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Jun 7, 2006, 1:39:01 AM6/7/06
to
I won't. If there is anything not legit, I am going to write it on the letter
before signing it. ( I figure they will call it all off when I start writing
on the letter) The way she said "copy" makes me think it will be a burned off
CD. I am going to accept what they give me & then call them when I get home &
let them know I know it is still not he genuine product. It will be just
that much more evidence in court.

NoNoBadDog!

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Jun 7, 2006, 3:12:17 AM6/7/06
to
Do not sign *anything*. If you sign a statement as they want, it will stand
in court, and you won't have much of a case.

*IF* they offer you a new, factory sealed copy of Windows XP with the Orange
sticker and COA, you should still not sign for it. They have broken the law
and should be investigated.

If it were me, I would not even bother. I would document everything and take
them to small claims court.
If they are in the wrong, they will have to pay any fines, damages and
penalties as well as your court costs.

Bobby

"violet" <vio...@discussions.microsoft.com> wrote in message

news:F807BBF7-9E57-49EF...@microsoft.com...

Message has been deleted
Message has been deleted

violet

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Jun 7, 2006, 7:35:01 PM6/7/06
to
I believe it will go against me if I do not accept a legit CD. (I don't
expect it to b e.....she said "copy") The judge would see it as them trying
to make part of it right & I refused to let them. I think I still have a case
for getting back what he charged me simply because he did it illegally &
charged for things he didn't do. I can still prove he did what he did
illegally.
NOW I NEED AN ATTORNEY...........know one?? lol

violet

unread,
Jun 7, 2006, 7:44:02 PM6/7/06
to
I agree. I will have to read the letter thoroughly & will refuse to sign if
it releases them from any further liability. I believe they should return my
money & other expenses envolved in this. I also believe they deserve to
appear in the newspaper & have "the town gossip". I wonder..........should I
still go to the local authorities?

"Leythos" wrote:

> In article <enDR4Ggi...@TK2MSFTNGP04.phx.gbl>,
> Diesp...@notme.com says...


> > Do not sign *anything*. If you sign a statement as they want, it will stand
> > in court, and you won't have much of a case.
> >
> > *IF* they offer you a new, factory sealed copy of Windows XP with the Orange
> > sticker and COA, you should still not sign for it. They have broken the law
> > and should be investigated.
>

> I slightly disagree, as long as the document doesn't restrict the op
> from any other action, as long as it doesn't restrict the op from any
> comment/notification of the authorities, then I would take it
> (media/CD/COA) and then go after them. Better to have a legit OS and
> then battle them for being a pirate later.


>
> > If it were me, I would not even bother. I would document everything and take
> > them to small claims court.
> > If they are in the wrong, they will have to pay any fines, damages and
> > penalties as well as your court costs.
>

> Yes, but that can take time and you don't really know if you'll get a
> valid license in the end, better to get the license and then go after
> them through the police (you don't have to go the court path).

violet

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Jun 7, 2006, 7:49:01 PM6/7/06
to
You're probably correct. If it's not what it is supposed to be, then I should
accept nothing.

"Leythos" wrote:

> In article <F807BBF7-9E57-49EF...@microsoft.com>,
> vio...@discussions.microsoft.com says...


> > If there is anything not legit, I am going to write it on the letter
> > before signing it.
>

> Don't sign anything, even if you are pressured, unless the key/COA/CD
> are 100% legit. Even if you note on the letter than you are missing part
> X, don't feel something is right, you never know what they will/can do.
>
> If you don't get a real CD/COA, then don't accept anything from them and
> don't sign anything.
>
> Go on to www.Google.com, search for XP COA, then click the "Images" link
> above the search box, it will return a BUNCH of pictures, many of them
> show what real COA stickers look like.
>
> If it doesn't look official, then don't take/sign anything. The real CD
> is silver and has a holographic image, if you hold it at different
> angles it will say Microsoft on it.

violet

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Jun 7, 2006, 8:02:01 PM6/7/06
to
I believe they will be offering a burnt CD of their own making. I would like
to get out the door with it though!

Melted_CPU

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Jun 10, 2006, 11:11:01 PM6/10/06
to

Melted_CPU

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Jun 11, 2006, 12:06:03 AM6/11/06
to
Man I hate low life’s like this guy!

Ok, report him to:

http://www.siia.net/piracy/report.asp?gclid=CIH197KhvYUCFRJbFQod4R-qyw

Then go here and fill out a tip:

https://tips.fbi.gov/

Then here:

https://reporting.bsa.org/usa/home.aspx

Then here

http://www.microsoft.com/piracy/ReportingUs.mspx

File a report with you State Consumer Affairs.

Then file a report with your local police agency as you have been a victim
of fraud.

Write a letter to the in-DUH-vidual and explain you have reported him to the
authorities. Include copies of the forms you fill out...black out ALL
personal information. Ask for your money back. Tell him he has 30 days to
respond or you will sue him in small claims court for fraud.

Found this on another website:

To meet your legal obligations, include the following information in your 30
Day Demand Letter:
1. Your full name and address
2. The description of the unfair or deceptive act or practice including all
the unfair or deceptive practices claimed, the dates involved in the
transaction, and any other important facts. If you know the regulation number
of the regulation violated, you may wish to include it. However, you are not
limited to written regulations or laws.
3. Clearly explain the injury you suffered as a result of the unlawful act
such as:
o Failure to return a security deposit results in the loss of money.
o Sale of a defective household appliance results in the ownership of a
useless and worthless product.
o Purchase of goods through "bait and switch" tactics results in owning
unwanted goods which are more expensive than originally planned
o Failure of the TV repairman to repair a broken set results in payment for
services improperly performed.

The demanded relief including the amount of money you are demanding to
recover. Although it is not required by law, the 30-Day Demand Letter should
be sent by certified mail, return-receipt requested, so that you will have
proof of delivery. Send the letter by regular mail also, and keep a copy for
your files.

Written Offer of Settlement
Once you mail the 30 Day Demand Letter, the merchant has thirty days to
respond in writing. You then must decide to either reject or accept the
merchant’s offer. If you reject an offer which the Court later finds to be
reasonable, then the Court may limit the amount of money you can collect. The
Court may limit your recovery to the amount the merchant originally offered
to you.
The Court may find in your favor because either the merchant never sent a
settlement offer or sent you an unreasonable offer. You then may be able to
recover you actual monetary damages, or $25, whichever is greater.
The Court may also find that the merchant's violation of the Consumer
Protection Act was "willful or knowing," or that the merchant’s refusal to
settle with you was made in bad faith. In either case, you may receive
between two and three times the amount of your actual damages, or $25,
whichever is greater.
If the Court finds in your favor, you are entitled to reasonable attorney’s
fees and costs. However, the Court may not award you attorney’s fees if you
initially rejected a reasonable settlement offer.

You can be assured that this is not the first time this slug has done this
but with your actions and diligence it will be the last.

Good Luck!

ps...sorry for the earlier blank post

violet

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Jun 11, 2006, 2:09:01 AM6/11/06
to
I appreciate your information. You are one day late on some of it, though. I
filed a complaint with Microsoft & the BSA a couple weeks ago. Last Monday I
gave the repairman a verbal deadline of Friday to give me my legit product or
I was going to the local authorities. He laughed & told me to go ahead. 20
mins. later the wife called & said they had spoke with their attorney & the
only thing they could do was uninstall the XP & reinstall my ME. I had
already been advised not to let them have my pc & told her so. 30 mins. later
he calls & says I can pick up my product Thursday & sign a letter stating I
had received it. When I arrived, they had the home version & a letter
releasing them of any further liability. I told her the PRO version was on my
pc & that's what I needed. She said that was all they could do for me, so I
left with nothing & signed nothing. Friday I filed a small claims case & went
to the sheriff dept. They said I would have to report it to the city first.
They said the city may not be able to handle it (I am in a very small town) &
that I may have to come back with them. I filed a report with the city police.
I will keep your letter on file & follow up with the other reporting sites,
if need be.
By the way........small claims said I did not need to send a written notice.
Message has been deleted

Fitz

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Jul 10, 2006, 11:40:17 PM7/10/06
to
Actually, once the judgment is entered, the Sheriff of the county will levy
on the defendant's assets (seize enough property to satisfy the judgment if
the property should have to be auctioned to enforce the judgment). Pretty
much painless for the Plaintiff.
***

"Leythos" <vo...@nowhere.lan> wrote in message
news:2YEsg.22417$vl5....@tornado.ohiordc.rr.com...
> Just an update for everyone that participated in this thread:
>
> The computer owner was offered a different version of XP than the vendor
> had installed and it was refused. The vendor tried to get the computer
> owner to sign-off on the deal and the owner would not.
>
> The computer owner contacted the authorities and was directed to take it
> to small claims court and won by default - the vendor didn't how up at
> court.
>
> The vendor now has 10 days to respond and if not, then the computer
> owner wins - the bad part is the owner has to collect some way on their
> own, but the judgment is against the vendors business.
>
> The vendor is also being watched by the authorities and the MS Piracy
> group has reported that they are investigating the vendor too.
>
> Sometimes WGAN really does work and it really does catch pirated copies
> properly.
>
>
>
>> In article <8AC3E08B-2C3B-451E...@microsoft.com>,
>> vio...@discussions.microsoft.com says...


>> > I contacted the repairman almost 2 weeks ago about a disc. At first he
>> > said
>> > he would take $99 out of his own pocket & order me one. The day it was
>> > supposed to be here, he said it didn't come in. The next day, his wife
>> > called
>> > & said it still didn't come in. She said UPS must have lost it & they
>> > were
>> > going to track the shipment. I do have my receipt, but it doesn't state
>> > which
>> > version he put on it. It just says "reinstall operating system with all
>> > updates".
>>

>> It only take a couple days to get an OEM installation from a VAR, call
>> them back and tell them that you've been told that you appear to have a
>> pirated copy of Windows XP on your computer, that without a COA and
>> Media, according to Microsoft's Systems Builder agreement, that you have
>> a pirated copy of Windows XP on your computer. Tell them the only way
>> that MS permits the distribution of OEM software is with the COA and you
>> want your COA sticker and media or you will have no choice except to
>> report them to the authorities. Tell them that you expect the media/COA
>> no later than (pick a time that works for you, but make it this week,
>> early).
>>
>> The key part of the vendors statement is that they told you it would
>> take $99 out of their own pocket - if it was a legit copy of XP he would
>> already have spent the money and already have provided you with a COA
>> and media.
>>
>> Do not give him access to your computer and do not give him access to
>> your receipt - you want to have those as leverage against them.

Message has been deleted

Fitz

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Jul 11, 2006, 10:49:44 PM7/11/06
to
Doesn't have to be money they seize...it can be any asset such as printers,
chairs, file cabinets, computers, desks, work bench...anything that can be
sold to satisfy the judgment. At least that's the way it is in N.C. and
most likely similar or the same in other states.

Regards,
Fitz (retired deputy) :-)
***

"Leythos" <vo...@nowhere.lan> wrote in message

news:YhFsg.22555$vl5....@tornado.ohiordc.rr.com...
> In article <B4Fsg.6954$4c7...@tornado.southeast.rr.com>,
> SENDN...@SENDNOMAIL.INVALID says...


>> Actually, once the judgment is entered, the Sheriff of the county will
>> levy
>> on the defendant's assets (seize enough property to satisfy the judgment
>> if
>> the property should have to be auctioned to enforce the judgment).
>> Pretty
>> much painless for the Plaintiff.
>

> They were under the impression that unless there was money that could be
> reached that they would have to wait or find some other means.
>
> It would be really great if the local authorities would collect for

Weatherlawyer

unread,
Jul 16, 2006, 4:18:00 AM7/16/06
to

Leythos wrote:
> Just an update for everyone that participated in this thread:
>
> The computer owner was offered a different version of XP than the vendor
> had installed and it was refused. The vendor tried to get the computer
> owner to sign-off on the deal and the owner would not.
>
> The computer owner contacted the authorities and was directed to take it
> to small claims court and won by default - the vendor didn't how up at
> court.
>
> The vendor now has 10 days to respond and if not, then the computer
> owner wins - the bad part is the owner has to collect some way on their
> own, but the judgment is against the vendors business.
>
> The vendor is also being watched by the authorities and the MS Piracy
> group has reported that they are investigating the vendor too.
>
> Sometimes WGAN really does work and it really does catch pirated copies
> properly.

Works for who?

The victim is considerably out of pocket and has no way of getting
anything back without yet more effort -if then.

The moral of the story is leave the pirates alone and let Microsoft
find some other way around the problem. The victim would have been
better off if on finding she had a dodgy copy that wouldn't update she
had gone to a reputable shop and got a genuine disk.

Or learned to live with the one she had -or went Linux.

violet

unread,
Jul 22, 2006, 3:36:01 AM7/22/06
to
I was told it would be up to me to collect. I have to find a bank account
number or garnish his wages (which he probably doesn't show any). I go Monday
to file (& pay onother court cost). I'm going to try to go after the business
first, although I was told that may not work. If the place is financed, then
he owns nothing in the store.
Microsoft & the local authorities are investigating him, so I may have to
just be content with him being put out of business.

violet

unread,
Jul 22, 2006, 3:46:01 AM7/22/06
to
Turns out, the computer repairman ran a copy of a new (OEM) system. The local
authorities & Microsoft are investigating him.
I begin the process of trying to collect 7/24. It is completely up to me to
find assests, etc. Then I can file to garnish wages, seize property, etc.

"Leythos" wrote:

> Just an update for everyone that participated in this thread:
>
> The computer owner was offered a different version of XP than the vendor
> had installed and it was refused. The vendor tried to get the computer
> owner to sign-off on the deal and the owner would not.
>
> The computer owner contacted the authorities and was directed to take it
> to small claims court and won by default - the vendor didn't how up at
> court.
>
> The vendor now has 10 days to respond and if not, then the computer
> owner wins - the bad part is the owner has to collect some way on their
> own, but the judgment is against the vendors business.
>
> The vendor is also being watched by the authorities and the MS Piracy
> group has reported that they are investigating the vendor too.
>
> Sometimes WGAN really does work and it really does catch pirated copies
> properly.
>
>
>
> > In article <8AC3E08B-2C3B-451E...@microsoft.com>,
> > vio...@discussions.microsoft.com says...

> > > I contacted the repairman almost 2 weeks ago about a disc. At first he said
> > > he would take $99 out of his own pocket & order me one. The day it was
> > > supposed to be here, he said it didn't come in. The next day, his wife called
> > > & said it still didn't come in. She said UPS must have lost it & they were
> > > going to track the shipment. I do have my receipt, but it doesn't state which
> > > version he put on it. It just says "reinstall operating system with all
> > > updates".
> >

> > It only take a couple days to get an OEM installation from a VAR, call
> > them back and tell them that you've been told that you appear to have a
> > pirated copy of Windows XP on your computer, that without a COA and
> > Media, according to Microsoft's Systems Builder agreement, that you have
> > a pirated copy of Windows XP on your computer. Tell them the only way
> > that MS permits the distribution of OEM software is with the COA and you
> > want your COA sticker and media or you will have no choice except to
> > report them to the authorities. Tell them that you expect the media/COA
> > no later than (pick a time that works for you, but make it this week,
> > early).
> >

> > The key part of the vendors statement is that they told you it would

> > take $99 out of their own pocket - if it was a legit copy of XP he would
> > already have spent the money and already have provided you with a COA
> > and media.
> >
> > Do not give him access to your computer and do not give him access to
> > your receipt - you want to have those as leverage against them.
>

violet

unread,
Jul 22, 2006, 3:49:01 AM7/22/06
to
I filed against the repairman dba the business....so that gives me 2 sources.

"Leythos" wrote:

> Just an update for everyone that participated in this thread:
>
> The computer owner was offered a different version of XP than the vendor
> had installed and it was refused. The vendor tried to get the computer
> owner to sign-off on the deal and the owner would not.
>
> The computer owner contacted the authorities and was directed to take it
> to small claims court and won by default - the vendor didn't how up at
> court.
>
> The vendor now has 10 days to respond and if not, then the computer
> owner wins - the bad part is the owner has to collect some way on their
> own, but the judgment is against the vendors business.
>
> The vendor is also being watched by the authorities and the MS Piracy
> group has reported that they are investigating the vendor too.
>
> Sometimes WGAN really does work and it really does catch pirated copies
> properly.
>
>
>
> > In article <8AC3E08B-2C3B-451E...@microsoft.com>,
> > vio...@discussions.microsoft.com says...

> > > I contacted the repairman almost 2 weeks ago about a disc. At first he said
> > > he would take $99 out of his own pocket & order me one. The day it was
> > > supposed to be here, he said it didn't come in. The next day, his wife called
> > > & said it still didn't come in. She said UPS must have lost it & they were
> > > going to track the shipment. I do have my receipt, but it doesn't state which
> > > version he put on it. It just says "reinstall operating system with all
> > > updates".
> >

> > It only take a couple days to get an OEM installation from a VAR, call
> > them back and tell them that you've been told that you appear to have a
> > pirated copy of Windows XP on your computer, that without a COA and
> > Media, according to Microsoft's Systems Builder agreement, that you have
> > a pirated copy of Windows XP on your computer. Tell them the only way
> > that MS permits the distribution of OEM software is with the COA and you
> > want your COA sticker and media or you will have no choice except to
> > report them to the authorities. Tell them that you expect the media/COA
> > no later than (pick a time that works for you, but make it this week,
> > early).
> >
> > The key part of the vendors statement is that they told you it would
> > take $99 out of their own pocket - if it was a legit copy of XP he would
> > already have spent the money and already have provided you with a COA
> > and media.
> >
> > Do not give him access to your computer and do not give him access to
> > your receipt - you want to have those as leverage against them.
>

violet

unread,
Jul 22, 2006, 3:51:01 AM7/22/06
to
Since you're a retired deputy :) any tips on collecting? It is up to me to
find assets.

Fitz

unread,
Jul 22, 2006, 11:14:58 PM7/22/06
to
The way it works in NC is the defendant is served with the judgment after
the court rules in your favor. There may be a waiting period of 30 days
(depending on your state law). Once the court orders the judgment enforced,
the Sheriff can go to the place of business and seize any assets from the
business and hold them until the judgment is satisfied (usually 30 days).
If the judgment remains unsatisfied then the Sheriff can auction the items
to enforce the judgment (less a small fee). After the initial court
verdict, you shouldn't have to do anything.

I've served judgments on people that had no assets and a couple of years
later had some assets.
In one case, the judgment was still valid and I immediately seized the asset
(in this case...a car) and it was later sold at public auction.
In another case, I helped serve a $500,000 judgment on a nationally known
rock band. We seized guitars, amps, drums, assorted musical instruments,
jewelry from the band members and lighting equipment. We didn't seize the
limo or band bus because we had enough assets to cover the $500,000 judgment
if we auctioned the equipment. As it turned out, the band struck a deal
with the plaintiff and the stuff didn't have to go on the block.
I've seized myna birds, condominiums, bank accounts, tools and clothing.
Almost nothing is protected.

I wouldn't think you'd have to find the assets (maybe your state is
different than NC) but start with the Tax Office and Register of Deeds.
Check business licenses. If it's a small amount of money, he may have
enough cash in the cash register. Remember, he doesn't have to own the
property free and clear. If there's a (legitimate) lien, the lien holder
will be protected before you. Anything over the lien holders interest will
be used to satisfy the judgment.
***

"violet" <vio...@discussions.microsoft.com> wrote in message

news:B3AE357F-35A6-446B...@microsoft.com...

Message has been deleted

violet

unread,
Jul 23, 2006, 7:38:01 AM7/23/06
to
Apparently Missouri is different. I was told it was up to me to find assests
& then file to seize. They do not do anything voluntarily. I filed against
the shop owner dba the shop. The courts told me a bank account number is
easiest, but I have no idea how to find that out. I paid cash & they didn't
have change for a $5, so I got $2 off the bill! I doubt he shows a salary. My
thinking is to file against the store, but the courts said if it is all
mortgaged then they can't take anything. They have 2 vehicles, but I don't
know what (or how to get) the information to seize them. Real estate is
except.

Fitz

unread,
Jul 23, 2006, 12:53:00 PM7/23/06
to
Make a trip to the local Sheriff's office and ask to speak to a Civil
Division deputy that handles judgments. Most of these guys are pretty
helpful and can give you info and tips on how to proceed in your
jurisdiction. The alternative would be to consult an attorney. A lot of
attorneys allow a free 15 minute consult or similar. As I said, you can
move against property that has a lien against it but the lien holder would
be immune to losing his share. The business owner could loose his equity
though. Do you know the license plate numbers of the two vehicles?
***

"violet" <vio...@discussions.microsoft.com> wrote in message

news:26709AEF-8367-4636...@microsoft.com...

violet

unread,
Jul 23, 2006, 1:14:01 PM7/23/06
to
No, but that would be easy to get. A stop in front of the store would be all
that would take.

violet

unread,
Jul 25, 2006, 12:45:01 AM7/25/06
to
I am wondering about the circuit court here! I went to file to collect. They
told me I could not file against store. They advised me about the back acct.
& vin #. They gave me the papers I needed. I went to store, stopped, got out,
& went up to the vehicle (with the store name on it) & started writing done
vin#. Owner came out screaming, grabbed my arm, & yanked the paper out of my
hand. Then he called police for me trespassing. When they got there, they
were familiar with the case. I showed where I had judgement & explained what
I was doing. They told me I could not go on private property & that a lawyer
could get vin# with license plate #. They let me go.....whew! I went back to
court house to file. Then they tell me what to write! We listed any & all
assets, cash, cash register, equipment, & vehicle (with license #). They said
they didn't know if sheriff would do anything about equipment & vehicle. I am
to check back in 10 days & they will let me know what is going on. He has 30
days to pay up.
I appreciate your other info. I will use it if this doesn't work.

Fitz

unread,
Jul 25, 2006, 2:57:12 AM7/25/06
to
If he grabbed your arm, that is an assault and battery (criminal offense) in
any state. It's not trespassing if you're on public property and you get
his license plate #. Good luck.

--

***
"violet" <vio...@discussions.microsoft.com> wrote in message

news:B3382655-53DB-4C59...@microsoft.com...

violet

unread,
Jul 25, 2006, 3:31:03 AM7/25/06
to
I thought of charging him, but figured he would charge me with trespassing
then. The police said it was private property. It's an old resturant that has
been turned into 2 businesses.
Message has been deleted

violet

unread,
Sep 6, 2006, 10:52:01 PM9/6/06
to
UPDATE...filed to collect on judgement. He hired an attorney to have it
dismissed because the birth of a premature baby had complications & it caused
him not to be able to contact the court or appear. Not only did the judge not
buy it, but I was able to testify to driving past his shop on my way to court
that morning & he was standing out front talking on his cell phone. The judge
denied the dimissal. I now have to file (again) to collect, because the 30
days are up.

"Leythos" wrote:

> > your receipt - you want to have those as leverage against them.

Message has been deleted

violet

unread,
Sep 6, 2006, 11:08:01 PM9/6/06
to
Hi Fitz. Hope you are getting notice of my posting. Since you have knowledge
of the law, I thought you could possibly help me. I live in Missouri. Here it
is up to me to collect. I know I can ask for cash, cash register, cash
receipts, & office equipment & supplies. I have the license plate number on
the vechicle he uses & has the company name on it, but he is saying it's only
in his wife's name. The sheriff''s depart. has told me twice now they would
check into that, but I have no answer. Do you know of any other things I can
file for? I know I can't go after real estate.

violet

unread,
Sep 6, 2006, 11:38:01 PM9/6/06
to
Thanks again for your support & praise. I have to say though, the people in
this forum have been very helpful to me. Over the last few months, I have
learned a great deal about piracy, OEM copies, Licensing, legit CD's, & on &
on. Many here led me in the right direction. I feel confident & strong in the
fact that I am right. I want to thank everyone for their assistance. Working
together is the way to accomplish.

"Leythos" wrote:

> In article <CA5BA328-F263-4429...@microsoft.com>,
> vio...@discussions.microsoft.com says...


> > UPDATE...filed to collect on judgement. He hired an attorney to have it
> > dismissed because the birth of a premature baby had complications & it caused
> > him not to be able to contact the court or appear. Not only did the judge not
> > buy it, but I was able to testify to driving past his shop on my way to court
> > that morning & he was standing out front talking on his cell phone. The judge
> > denied the dimissal. I now have to file (again) to collect, because the 30
> > days are up.
>

> You hold a special place in my heart for having the courage to go after
> a pirate that took advantage of you, and all the work you've put into
> it. It's honorable people like you that make the difference and set the
> example for others.

---Fitz---

unread,
Sep 7, 2006, 12:18:33 AM9/7/06
to
What's the license plate number and the state? Don't reply to this
message...just send the info to me at linc00...@hotmail.com. Remove
NOSPAM. This is disposable address and it's never monitored. I will
monitor it for the next couple of days. You go girl! Let me know in this
thread when you have sent the email.

"violet" <vio...@discussions.microsoft.com> wrote in message

news:1BB2A1D2-0679-4495...@microsoft.com...

violet

unread,
Sep 7, 2006, 1:02:01 AM9/7/06
to
done

---Fitz---

unread,
Sep 7, 2006, 1:18:04 AM9/7/06
to
I've replied.

Fitz

"violet" <vio...@discussions.microsoft.com> wrote in message

news:87DDBFB6-7D1A-43B6...@microsoft.com...

violet

unread,
Sep 28, 2006, 1:10:02 PM9/28/06
to
The repairman appeared at the Sheriff's Office today & made 1/3 the amount
owed me & said he will pay the balance by the deadline date. So.....if you
have been victimized, go for it. Justice does prevail!

"violet" wrote:

> FIRST--I am computer stupid! I appreciate any help, but please make it simple
> for me to understand.....TY!
>
> I think I have been pirated. My pc crashed. I took it to repairman. He
> talked me into updating from ME to XP. I got tower back, but no CD, floppies,
> etc. I have asked for the backup disc, but he will not give me one.
> He installed XP Pro Service Pack 2. How do I find out & prove if it is
> pirated? How do I get a backup? (He says I can make one, but can't figure out
> how...if I can)
> I contacted microsoft, but they will not tell me if it is piracy, although
> she said she thought it was. Says it is not their customary procedure to
> notify me.
> I want to take him to small claims court or something, but I need proof.

---Fitz---

unread,
Sep 28, 2006, 1:48:17 PM9/28/06
to
Go girl!


"violet" <vio...@discussions.microsoft.com> wrote in message

news:FC98E5FB-4397-4FB6...@microsoft.com...

violet

unread,
Sep 28, 2006, 2:38:01 PM9/28/06
to
Thanks. You helped a lot.
I just found out the store is closed. He has a new website, so he may just
be moving, but he is out of business for now.

violet

unread,
Oct 25, 2006, 1:36:01 AM10/25/06
to
UPDATE - The repairman paid another 1/3 for the small claims case I won. The
Deputy had to go to his residence & request it this time (he waited while the
guy went to his ATM...God bless him!) His shop is closed, but he is working
out of his home.
Message has been deleted

violet

unread,
Oct 25, 2006, 10:18:02 AM10/25/06
to
If he pays the full amount by the deadline date, it will be just under 5
mons. since I started legal action against him. Considering how slow the
legal system is, I don't think that is too bad. What I don't understand is
why the police or microsoft hasn't done anything. Microsoft will not give you
any information on their investigation & the police want more than one
incident. If they have one case, I would think that would be enough. How many
banks do they have to know you robbed to arrest you?
So........if ANYONE has been pirated....go to the local authorities. If you
don't, you could be letting the person continue breaking the law & in my
case, preventing them from prosecuting.

"Leythos" wrote:

> In article <821CF3E5-84BB-4269...@microsoft.com>,
> vio...@discussions.microsoft.com says...


> > UPDATE - The repairman paid another 1/3 for the small claims case I won. The
> > Deputy had to go to his residence & request it this time (he waited while the
> > guy went to his ATM...God bless him!) His shop is closed, but he is working
> > out of his home.
>

> That's wonderful news, it's only disappointing that the case has taken
> so long and been so much trouble for you. This is a prime example of how
> WGA does work and how users/owners can get back at pirates and unethical
> vendors.
>
> It seems that the system DOES work.

Mark Ritchie

unread,
Oct 25, 2006, 11:01:15 AM10/25/06
to
Out of curiosity what did the tech charge you for his services? Did he have
an actual copy of Windows XP on his invoice or was it something like Wipe
and Reload?
I know alot of little shops do things like this, upgrade you to Windows XP
because they don't want to take the time to find drivers when they reload
windows ME. Using a Pirate copy of windows is still no way to do business,
but alot of shops like these do it to make money and save time, and they
actually try to save the client money as well(clearly you can see it doesn't
save anyone any time or money lol)


--
Regards,

Mark Ritchie


**************************************
Computer Problems Dragging you Down?
Let us Fix it for you quickly and remotely!
http://www.livetechsupport.ca
(866)730-5403
**************************************


"violet" <vio...@discussions.microsoft.com> wrote in message

news:5B66A2E4-7FAD-4D8E...@microsoft.com...

violet

unread,
Oct 25, 2006, 11:40:02 AM10/25/06
to
The charge was $75.....invoice stated uninstall & reinstall system. He also
had me purchase McAfee Security for $70. I found out this was for him to
protect my pc when he went online to download the updates. He installed the
PRO version instead of the Home version. It was an OEM copy. He never
mentioned "upgrading". He had someone who didn't know much about computers &
thought he could make a quick buck!

---Fitz---

unread,
Oct 25, 2006, 12:06:39 PM10/25/06
to
Nice going!


"violet" <vio...@discussions.microsoft.com> wrote in message

news:821CF3E5-84BB-4269...@microsoft.com...

violet

unread,
Nov 14, 2006, 9:03:01 AM11/14/06
to
I received a check from the courts for the full amount I sued for!!! Justice
does prevail.
Now......do I buy a new computer or spend $350 to make my 5 yr. old one
legal...lol
Message has been deleted

---Fitz---

unread,
Nov 14, 2006, 12:52:03 PM11/14/06
to
Way to go! Justice may be slow at times but it is so sweet when it arrives.
With regards to a new computer, I would go with a new one rather than trying
to upgrade a 5 year old computer. That's ancient in computer age. For just
a little more you can get a brand new Dell or similar name brand for about
$500.

"violet" <vio...@discussions.microsoft.com> wrote in message

news:73FCDC0C-4B2E-4C65...@microsoft.com...

violet

unread,
Nov 14, 2006, 4:55:02 PM11/14/06
to
Actually, I don't think 6 months is all that long. That also includes his
hiring an attorney to try to have the judgement thrown out.
Your right on the new pc......I've been shopping online today!

Homer Simpson

unread,
Nov 15, 2006, 12:27:30 PM11/15/06
to
I do computer repair out of my home. If someone wants a software
upgrade, they have to bring me the software. I will not provide it. If
they insist, then I go out and buy a retail box version of the
software, and then give them that.

I refuse to install OS software from CD-R's and handwritten keys...

I dont have very many customers, but the ones I do work with have NO
problems with this policy!

violet

unread,
Nov 15, 2006, 5:38:02 PM11/15/06
to
This repairman now works from his home. His store is closed.
He never mentioned "upgrade" & he put the PRO version on my pc (which can
not be purchased at any store...at least around here).
I went to him because my pc crashed (I had been hacked into). He made an
offer to "change my pc from ME to XP". The receipt states "uninstall &
reinstall system". I didn't realize anything was wrong for almost a week,
when I went to Microsoft for free support & found I had none. That didn't
make sense, since I had a new system.
The repairman tried to give me the Home Version, after confronting him.
That's when I went to small claims.
Stay honest.......you don't want to run into someone like me. I
investigated, researched, & got a lot of support from others in this forum &
made him pay. I feel a bit like a pro on piracy now....lol
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