Grey market resellers hit back at MS ‘intimidation’

This week Microsoft churned out one of its regular press releases accusing two companies of selling counterfeit software.

The British PC resellers in question were Pacific Computers and Taran Microsystems. The duo deny the charges and are furious that the allegations have been made.

They believe that Microsoft issued proceedings against them because it intends to stamp on any grey market activity, and that the software giant considers any of its software not sold through its authorised channels as pirated.

This is a statement from Pacific MD Marc Roach.

• We have never dealt in counterfeit products and are defending vigorously ..... YES we have dealt with legitimate grey market products, a trade which is entirely lawful (as has been proved by Tesco v. Levi's Jeans).
  
  
• We have asked Microsoft's solicitors to permit us to attend at their offices and EXAMINE what they are claiming to be counterfeit products. We attended and it was confirmed to us that everything put forward for examination was deemed counterfeit my Microsoft.
  
  
• We challenged solicitors for Microsoft to confirm in writing that all of the material examined and alleged to be counterfeit was counterfeit.
  The solicitors, after further written requests for confirmation admitted that a significant number of items are genuine original products of Microsoft.
  
  
• Microsoft has been invited to attend at our premises at any time and without giving us any notice, to examine our stocks of software. Microsoft has not responded to our offer.
  
  
• Microsoft is trying, by intimidation, to prevent us dealing in the lawful grey market and we are advised that the court proceedings are no more than a form of intimidation by the giant company over the small company and are an abuse of the legal process.
  
  
• The greater part of the claim against us is based on a very small number of products for which there is no evidence that we were the supplier and the supply of which we deny in any event. Microsoft has interfered in our lawful business by its threats and its interfering in legitimate subsisting contracts of this company. We intend to claim damages against Microsoft for interfering in our lawful business.

The companies have vowed to take on Microsoft's legal team and fight the case in court if necessary. ®

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