This page contains a Flash digital edition of a book.
mIcrOSOFt
back to the person controlling the malware. That
A hands-on approach
Protecting its sales channel is an understandable
can include online banking information, identity
But the company does more than seek
motivation for Microsoft. But the grey market
information or other information that’s stored on
technological solutions to help protect its IP. It is
is very different to the black market. While the
the computer.”
not afraid to get its hands dirty where necessary.
black market deals in counterfeits, grey goods
are of course genuine goods distributed through
The absence of a CD or middleman between
In January 2009, Microsoft took reseller ITAC
unofficial channels. Grey goods selling is not
Microsoft and its licensees does seem to be a
to court for the repeated offence of parallel
technically illegal, and taking such a tough stance
promising tactic against piracy. But in such a
importing—a form of grey goods selling. The
with resellers has not been without controversy.
fast-moving technological industry, the future is
case climaxed with ITAC being fined £2.5
never certain.
million and owner Barry Omesuh being jailed In May 2008, Microsoft took Netherlands-based
HW Trading to court for exporting Microsoft
“Maybe in the future, even the S+S strategy
for nine months for contempt of court—a
resounding success for Microsoft and a stern
will be exploited by infringers and result in
products from Egypt to the US and apparently
warning to wannabe infringers.
fresh problems, but that’s the challenge of this
counterfeiting products for the Egypt market.
business,” says Arthur. “There are probably as
In November that year, owner Samir Abdalla
“The ITAC business was stealing from its
many people out there finding ways to steal
filed a complaint against Microsoft with the
customers, stealing from Microsoft, and stealing
as there are within Microsoft finding ways to
European Commission (EC).
from responsible UK businesses, and that’s not
create and innovate. This ‘dark side’ of creativity
something that we’re ever going to tolerate,” asserts
Abdalla argued that he imported Microsoft
and innovation— applying that innovation to
Arthur, “especially as ITAC had been caught before
products to Europe because US prices were as
finding ways to steal—is out there all the time,
and agreed not to repeat its offence.”
much as 30 percent lower. Abdalla’s lawyers
and it is something that we have to deal with as
aggressively and as thoroughly as possible.”
Microsoft pursued ITAC so vehemently
claimed that Microsoft had contravened
primarily to protect itself and make a point
Article 81 of the European Convention,
And as a $200 billion company, Microsoft’s efforts to other potential pirates. But it stresses that
which prohibits anti-competitive agreements,
to fight piracy can be pretty formidable—and this strategy also helps defend the resellers it
and had exploited its number one position
probably why it remains at the cutting edge of works with. “Grey goods importers and sellers in the market, contravening Article 82
not just protecting its own IP, but providing take money away from Microsoft’s legitimate of the European Convention. The case
revolutionary solutions for an entire industry. partners in the UK,” says Arthur. is ongoing.
www.worldipreview.com World Intellectual property review September/October 2009 17
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76  |  Page 77  |  Page 78  |  Page 79  |  Page 80  |  Page 81  |  Page 82  |  Page 83  |  Page 84
Produced with Yudu - www.yudu.com