David Zamos
Encyclopedia
Microsoft Corp v. Zamos was litigation between Microsoft
and David Zamos, a student at Kent State and the University of Akron
in the United States
. Microsoft accused Zamos of illegally reselling his student-discount
ed copies of Windows XP Pro and Microsoft Office
on eBay
. Zamos countersued Microsoft for making false claims. When Zamos sent a press release to his local newspaper, the case received international press coverage.
At issue was the fact that Zamos acquired Microsoft software at a discount for academic use, then re-sold it to the general public on eBay
for a profit. Zamos contends, and can document, that he found the software unsuitable when he realized it required him to format his computer
's hard drive. He attempted to return the software, first at the University of Akron's bookstore, then directly to Microsoft.
When both of these attempted returns were denied, Zamos put the software up for sale on eBay in two auction
s, the second of which was cancelled at Microsoft's request. When he successfully re-instated the auction and completed the sale, he was sued under the Digital Millennium Copyright Act
. His profit was $143.50 USD.
On January 3, 2005 Zamos filed a countersuit. In it he pointed out that Microsoft's claim did not represent the facts of his case, and appeared to be a boilerplate
suit like thousands of others the company has filed. He exhibited a page from the claim that was identical to a page in another, except that some plural words had been changed to singular ones. The respective verbs had not been changed to their singular forms, so the page contained grammatical errors.
These counterclaims seem to have failed, as Zamos was not a "qualified end user". So he filed more claims, contending among other things that the unopened software had never presented him with the End User License Agreement and thus the opportunity to become a qualified end user. This, he asserted, amounted to deceptive sales practice.
When Zamos requested a trial by jury
, Microsoft offered to drop their case if he would drop his countersuit. But he insisted on reimbursement for the cost of copying legal documents, and an apology for Microsoft's behavior. Microsoft refused this, and Zamos wrote a brief press release to the Akron Beacon Journal
, which published the item on March 7, 2005.
Over the course of a single day, this item attracted so much interest that Zamos immediately received requests for interview
s from all over the United States and the United Kingdom
. Microsoft quickly proposed a different settlement, and Zamos agreed. As part of this settlement, Zamos has agreed not to discuss the case further.
Microsoft
Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
and David Zamos, a student at Kent State and the University of Akron
University of Akron
The University of Akron is a coeducational public research university located in Akron, Ohio, United States. The university is part of the University System of Ohio. It was founded in 1870 as a small college affiliated with the Universalist Church. In 1913 ownership was transferred to the City of...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Microsoft accused Zamos of illegally reselling his student-discount
Discounts and allowances
Discounts and allowances are reductions to a basic price of goods or services.They can occur anywhere in the distribution channel, modifying either the manufacturer's list price , the retail price , or the list price Discounts and allowances are reductions to a basic price of goods or services.They...
ed copies of Windows XP Pro and Microsoft Office
Microsoft Office
Microsoft Office is a non-free commercial office suite of inter-related desktop applications, servers and services for the Microsoft Windows and Mac OS X operating systems, introduced by Microsoft in August 1, 1989. Initially a marketing term for a bundled set of applications, the first version of...
on eBay
EBay
eBay Inc. is an American internet consumer-to-consumer corporation that manages eBay.com, an online auction and shopping website in which people and businesses buy and sell a broad variety of goods and services worldwide...
. Zamos countersued Microsoft for making false claims. When Zamos sent a press release to his local newspaper, the case received international press coverage.
At issue was the fact that Zamos acquired Microsoft software at a discount for academic use, then re-sold it to the general public on eBay
EBay
eBay Inc. is an American internet consumer-to-consumer corporation that manages eBay.com, an online auction and shopping website in which people and businesses buy and sell a broad variety of goods and services worldwide...
for a profit. Zamos contends, and can document, that he found the software unsuitable when he realized it required him to format his computer
Computer
A computer is a programmable machine designed to sequentially and automatically carry out a sequence of arithmetic or logical operations. The particular sequence of operations can be changed readily, allowing the computer to solve more than one kind of problem...
's hard drive. He attempted to return the software, first at the University of Akron's bookstore, then directly to Microsoft.
When both of these attempted returns were denied, Zamos put the software up for sale on eBay in two auction
Auction
An auction is a process of buying and selling goods or services by offering them up for bid, taking bids, and then selling the item to the highest bidder...
s, the second of which was cancelled at Microsoft's request. When he successfully re-instated the auction and completed the sale, he was sued under the Digital Millennium Copyright Act
Digital Millennium Copyright Act
The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...
. His profit was $143.50 USD.
On January 3, 2005 Zamos filed a countersuit. In it he pointed out that Microsoft's claim did not represent the facts of his case, and appeared to be a boilerplate
Boilerplate (text)
Boilerplate is any text that is or can be reused in new contexts or applications without being changed much from the original. Many computer programmers often use the term boilerplate code. A legal boilerplate is a standard provision in a contract....
suit like thousands of others the company has filed. He exhibited a page from the claim that was identical to a page in another, except that some plural words had been changed to singular ones. The respective verbs had not been changed to their singular forms, so the page contained grammatical errors.
These counterclaims seem to have failed, as Zamos was not a "qualified end user". So he filed more claims, contending among other things that the unopened software had never presented him with the End User License Agreement and thus the opportunity to become a qualified end user. This, he asserted, amounted to deceptive sales practice.
When Zamos requested a trial by jury
Trial by Jury
Trial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert. It was first produced on 25 March 1875, at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its...
, Microsoft offered to drop their case if he would drop his countersuit. But he insisted on reimbursement for the cost of copying legal documents, and an apology for Microsoft's behavior. Microsoft refused this, and Zamos wrote a brief press release to the Akron Beacon Journal
Akron Beacon Journal
The Akron Beacon Journal is a four-time Pulitzer Prize-winning morning newspaper in Akron, Ohio, United States, and published by Black Press Ltd.. It is the sole daily newspaper in Akron and is distributed throughout Northeast Ohio. The paper places a strong emphasis on local news and business...
, which published the item on March 7, 2005.
Over the course of a single day, this item attracted so much interest that Zamos immediately received requests for interview
Interview
An interview is a conversation between two people where questions are asked by the interviewer to obtain information from the interviewee.- Interview as a Method for Qualitative Research:"Definition" -...
s from all over the United States and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. Microsoft quickly proposed a different settlement, and Zamos agreed. As part of this settlement, Zamos has agreed not to discuss the case further.