Microsoft Corp. v. Zamos: Difference between revisions

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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-discounted 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 auctions, 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 interviews 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.

References

Denise Grollmus (March 30, 2005). "Kill Bill". Cleveland Scene. Archived from the original on April 8, 2006. Retrieved December 14, 2006.
Brock Read (March 25, 2005). "Taking On Goliath". Chronicle of Higher Education. 51 (29): A33. Archived from the original on December 7, 2006. Retrieved December 14, 2006.
Ashlee Vance (March 11, 2005). "Chem Student Tames Microsoft Legal Eagles". The Register. Retrieved December 14, 2006.

@@ Line 1: / Line 1: @@
+{{Redirect|David Zamos|the 19th-century German writer|David Samoscz}}
-'''David Zamos''' was a student at [[Kent State]] and the [[University of Akron]] when he became an international news story for counter-suing [[Microsoft Corp.]] over his resale of [[Windows XP]] Pro and Office software.
+{{Use mdy dates|date=September 2023}}
+'''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-[[discounts and allowances|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 the 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.
+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 [[DMCA]]. His profit was $143.50.
+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 [[US dollars|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. Oddly, the respective [[verbs]] had not been changed to their singular forms, so the page contained grammatical errors.
+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 (text)|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 [[EULA]] and thus the opportunity to become a qualified end user. This, he asserted, amounted to deceptive sales practice.
+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 software, 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]].
+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|UK]]. Microsoft quickly proposed a different settlement, and Zamos agreed. As part of this settlement, Zamos has agreed not to discuss the case further.
+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.
 ==See also==
 *[[First-sale doctrine]]
-==External links and References==
+==References==
+*{{cite news |author=Denise Grollmus |title=Kill Bill |publisher=[[Cleveland Scene]] |date=2005-03-30 |accessdate=2006-12-14 |url=http://clevescene.com/issues/2005-03-30/news/feature.html |url-status=dead |archiveurl=https://web.archive.org/web/20060408054338/http://clevescene.com/issues/2005-03-30/news/feature.html |archivedate=2006-04-08 }}
-*[http://clevescene.com/issues/2005-03-30/news/feature.html Cleveland Scene] &mdash; Kill Bill
+*{{cite journal|author=Brock Read |title=Taking On Goliath |journal=[[Chronicle of Higher Education]] |volume=51 |issue=29 |pages=A33 |date=2005-03-25 |accessdate=2006-12-14 |url=http://chronicle.com/chronicle/v51/5129guide.htm |archiveurl=https://web.archive.org/web/20061207223312/http://chronicle.com/chronicle/v51/5129guide.htm |archivedate=2006-12-07 |url-status=dead }}
-*Brock Read, "Microsoft Settles With Student Who Sold Discounted Software Online", ''Chronicle of Higher Education'' (ISSN: 00095982) Volume 51, Issue 29 (25 March 2005), A33
+*{{cite news |author=Ashlee Vance |author-link=Ashlee Vance |title=Chem Student Tames Microsoft Legal Eagles |publisher=[[The Register]] |date=2005-03-11 |accessdate=2006-12-14 |url=https://www.theregister.co.uk/2005/03/11/ms_zamos_ebay/}}
-*[http://www.theregister.co.uk/2005/03/11/ms_zamos_ebay/ Chem Student Tames Microsoft Legal Eagles] -- UK Register
+[[Category:Kent State University]]
-{{US-bio-stub}}
+[[Category:Microsoft litigation]]
+[[Category:University of Akron]]
+[[Category:United States computer case law]]
+[[Category:2005 in United States case law]]