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Microsoft lawyers 0wned by 21-yr-old student.


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Guest $mooth
David Zamos doesn't look as if he could single-handedly humiliate the world's largest software maker.

 

The well-built 21-year-old sips a jumbo cup of Starbucks coffee in the University of Akron's student union. He's looking dapper in pin-striped slacks, a navy pea coat, and a necklace of wooden beads that hugs his wide neck.

 

Thanks to massive doses of caffeine, Zamos (whose name rhymes with "famous") anxiously taps his Camper lace-ups against the table. A laptop sits to his right, a fat black binder to his left.

 

The only thing setting him apart from the other late-night crammers is that his notebook isn't filled with study guides. It's overflowing with documents from the federal lawsuit Microsoft brought against him on December 21.

 

For the past four months, Zamos has been fighting four high-powered attorneys. They claimed he violated trademark and copyright laws by selling two unopened pieces of software on eBay for $203.50.

 

Cleveland lawyers Robert Chudakoff and Edward Simms, along with San Francisco lawyers Roy Bartlett and Cameron Alston, allege that the sale cost Microsoft hundreds of thousands of dollars in "irreparable damage." They demanded that Zamos hand over his eBay profits ($143.50) and cover the company's court costs and legal fees.

 

The honchos at Bill Gates' empire probably thought it would be an easy, open-and-shut case, just like the 1,045 similar suits they have filed.

 

"They're crazy," Zamos says of the blizzard of suits. "I think they just pump these things out. And if you look at how many go to a decision, it's none. People just don't show up or bother to defend themselves."

 

Economically speaking, it was a lopsided fight. Last year, Zamos earned approximately $3,500. Microsoft: $38 billion.

 

During the whole debacle, Zamos says, he actually talked to a company lawyer only once. Robert Chudakoff, who has specialized in intellectual-property law for 25 years, apparently believed he had the kid on the ropes.

 

"I asked him what he wanted from me," says Zamos. "He said I needed to pay restitution. I said I had nothing to pay with, and he said, 'You have a car.' Yeah, like they're gonna take my 2002 Ford Escort. I looked it up anyway, and they can't take your car unless it's collateral."

 

Though Chudakoff and the other Microsoft lawyers declined comment, it appears that ganging up on a college student will prove embarrassing to them and to the software titan they represent.

 

It wasn't any particular genius or advanced legal skills that made Zamos different from the other defendants. It wasn't even that he was right. He simply did his homework -- and outplayed the lawyers at their own game.

 

"Like I said, man, I totally looked up everything," he says.

 

Goliath, meet David.

 

 

BWAAAHAHAHAAHA suck COCK MICROSOFT!!!

 

SAUCE

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WTF? How come you can't sell sealed, unopened software?

 

And what's going on with the case, did the guy win or what? Or is it just that MS can't get his money?

 

The reason is that students and teachers can purchase cheaper Microsoft software than regular users. They get the discount on the understanding they are not allowed to sell it on, because clearly they could buy it cheap and sell it at a profit. It is also eBay's policy too.

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Guest Deeswift

 

Speaking of M$, that new advert on TV for MSN search annoys me. Are they trying to take over the whole world or what? I will only use Google. MAybe that sounds stupid but they piss me off.

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Speaking of M$, that new advert on TV for MSN search annoys me. Are they trying to take over the whole world or what? I will only use Google. MAybe that sounds stupid but they piss me off.

 

Yeah ive seen it, it is really annoying. Yeah I use google too, sometimes altavista, thats it. Microsoft will not stop, they are greedy mark my words in 15 years we will have MicroSoft Hamburger Joints, MicroSoft Pizza, MicroSoft Tights, MicroSoft Pants, MicroSoft Shoes, MicroSoft Watches, Micro this Micro that kids will be named Micro everything will be MicroSoft.

 

Money = Power and Greed, in a lot of cases, this is a prime example.

Its unbelievable a company the size of MicroSoft to take this one guy to court. I was shocked.

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I don't really understand people's attitudes to this. MS is a business. A business exists to make money and that's what they do. If any other company could do it better, then they would but the fact is, we're probably all using Windows in one form or another because there is nothing better. Linux? I don't think so.

 

MS made their search engine better, so Google increased the amount of pages indexed by theirs. That's good for everyone, even if you don't use the MS search engine.

 

The guy in this article broke the law by breaking the contract he had entered into when buying the MS products, then he wants to cry about it when the company sues. Large companies may be seen as preying on one single person occasionally, but that's cos they have to set an example. It's no different than the music industry sueing random individuals for downloading music. Just because a company makes a huge profit, it does not give anyone the right to steal from them.

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I understand that Microsoft is a business, but they take the fact that they nearly have a monopoly and use it against the consumer. They put out shitty products and charge a premium price. Why? because Profits will soar. I'm sorry but I have very little respect for Microsoft, because Its products never perform up to expectations of consumers of today. And frankly they could care less.

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XP Home costs £149. That's the underpinning of your entire system. People pay £40 or £50 for a game, but moan at paying three times that for the operating system that is the basis for their entire machine.

 

MS is not really a monopoly, but I get what you're saying there. Anyone could come along and release a better operating system, but software developers would have to write applications geared towards it. Personally I think XP is superb. It's never crashed or blue screened, unlike the previous incarnations. You get free updates whenever a flaw or problem is found. That's not bad if you ask me. The only problem I have with it is it's a bit bloated, but then most people actually like the fact you get basic media players, web browsers and other shit included. You're not forced to use them.

 

You have to remember, you're free to install whatever software you like. If you think it's shit, why use it?

 

MS make huge profits, that's a given, but are they not entitled to them? They would make a whole lot more if people didn't make pirate copies of their stuff and taking someone to court is just sending out a message. If I owned MS, I would do exactly the same. As I've said before, I am a huge pirate of software, music and movies, but I know it's wrong and I wouldn't complain if I was caught. Theft is theft, no matter what form it takes. People always hate on the large corporations for taking a stand when people steal from them, but does it make a difference if the company is large or not? It shouldn't.

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without big companies getting bigger and ploughing more into development we wouldnt be where we are now.

i thought the anti microsoft hating had all but gone now.

 

if it weren't for big companies and big development we'd still be using 1 button mouses and incompatabilities would be rife.

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