Microsoft Compliance Support programs


June 8, 2010
67124.95832

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Dear -------------:

Please understand this letter is intended to open communication between Microsoft Corporation (?Microsoft?) and your business.

As you may know, Microsoft is contacted by hundreds of people each month who have questions or concerns about the distribution of Microsoft software. When possible, and in an effort to work more closely with resellers, Microsoft advises companies when their name has come to Microsoft?s attention.

In keeping with this policy, we would like you to know that Microsoft has received a report that someone with your company may have distributed illegal and/or unlicensed Microsoft software or components. Microsoft would like to take this opportunity to make sure you have the information you need to avoid exposing your business to the consequences of counterfeiting and other forms of illegal distribution of Microsoft software and components.


Consequences of Illegal Distribution

Microsoft takes the protection of its trademarks and copyrights very seriously and undertakes substantial expense to provide legal and educational programs to protect consumers, honest resellers and honest system builders from counterfeit and illegal software. Microsoft routinely conducts undercover test purchases across the country from system builders and resellers who are reportedly selling counterfeit or other unlicensed Microsoft software. For willful infringement, federal law authorizes damages up to $150,000 per copyright and up to $2,000,000 for trademark. Intentional violators may also be subject to criminal penalties, including fines and imprisonment.



Types of Software Piracy

Counterfeit: Counterfeiting includes the manufacture or distribution of unauthorized copies of software or components that are protected by trademarks and copyrights. Counterfeiting violates federal copyright and trademark laws, and may expose your company to substantial monetary damages and possible criminal liability.

Hard Disk Loading: It is a violation of copyright and trademark laws called "hard disk loading" to make an unauthorized copy of a Microsoft software program on a computer. When a system builder installs a copy of a Microsoft software program other than Office 2007 on a computer, the system builder is required to distribute with that computer the authorized package of genuine Microsoft software components that corresponds to the program installed regardless of whether the computer is new, used or refurbished. The authorized package includes a CD-ROM and at least one other component such as a Certificate of Authenticity (COA).

The System Builder version of Microsoft Office 2007 differs from other Microsoft software because it must be preinstalled on a computer and distributed to a customer without the corresponding CD-ROM. In order to activate the full version of Office 2007, the customer must obtain a valid Medialess License Kit (MLK). A MLK contains the COA and a product key that will activate the Office 2007 software on an Office Ready PC. If the customer does not obtain a MLK along with an Office Ready PC, they will be presented with a 60 day trial of Microsoft Office Professional 2007. It is illegal to provide customers with counterfeit and unauthorized MLKs or product keys. In addition, system builders must not distribute OEM Preinstallation Kits (OPKs) directly to end users.

Product Activation Keys: Distributing Microsoft product activation keys that were not generated by Microsoft and/or are not authorized for distribution is illegal. Unauthorized product activation keys include (1) keys generated by "keygen" tools or cracks; (2) keys distributed without the new, fully assembled, specific brand namedcomputers that they were intended to accompany; (3) keys intended to correspond with Microsoft volume licenses, but distributed to users who are not licensees under that volume license agreement; (4) keys intended for Microsoft's internal use that are distributed externally; or (5) keys distributed without the intended software components that Microsoft requires them to accompany.

Microsoft Worldwide Fulfillment [formerly Microsoft Easy Fulfillment (?MEF?)] Volume Licensing Software Components: Microsoft offers supplemental CD-ROMs and user manuals only to customers who have already purchased volume licenses under an Open, Select Agreement or Enterprise Agreement. Supplemental components are not offered or available to the general public. Volume license disks may not be distributed to any entity other than an entity with a current volume license agreement. Individual consumers are not permitted to use volume license disks to load Microsoft software onto their computers. This software would not provide them with an end user license agreement, or ?EULA?. Unauthorized distribution of supplemental components violates federal trademark and copyright law.

Unauthorized Distribution of Microsoft Academic Version Software: Authorized Education Resellers (AERs) licensed by Microsoft may distribute academic versions of certain Microsoft software to bona fide educational institutions, students, and other qualified academic end users at substantial discounts. These academic versions are not authorized for distribution to the general public, and such distribution violates Microsoft?s AER license agreements.

Unauthorized Distribution of Microsoft OEM Version Software: OEM system builder software packs are intended for PC and server manufacturers or assemblers only. If the OEM pack is opened, the software must be preinstalled and distributed with a fully assembled computer system for resale to a third party. The unopened package can be distributed to another system builder by itself, without any hardware requirement.

Distribution of Illicit Microsoft Certificate of Authenticity (COA) Labels: COA labels must only be distributed with the Microsoft software programs that they were intended to accompany. COA labels should never be distributed on a stand alone basis. By ?stand alone,? we mean that the COA labels are offered without any accompanying Microsoft software or software components. Further, COA labels should never be ?matched? with software or components with which they were not originally distributed. A Microsoft COA label is not a license or ?permission to use? Microsoft software; its sole purpose is to authenticate the Microsoft software with which it was originally packaged. COA labels bear security features intended to dissuade counterfeit duplication and to assist customers in identifying genuine software. The distribution of COA labels without the software programs they were intended to accompany violates the Anti-Counterfeiting Amendments Act of 2004.

You should also be aware that COA labels distributed in a stand alone manner may be counterfeit or stolen. If you engage in the stand alone distribution of COA labels, it is likely that eventually you will distribute counterfeit COA labels or stolen property, since there is no authorized sale of stand alone Microsoft COA labels in the marketplace. We trust that you do not want to expose your business to the risks of such illegal activity.

Unauthorized Distribution of Office Home and Student: The license terms for this software permit installation and use of one copy of the software on three devices. This authorization is limited, however, to installation by the end user of one copy of the software on three licensed devices in his or her household for use by people who reside there. The software is not licensed for use in any commercial, non-profit, or revenue-generating business activities.

Unauthorized Hosting of Microsoft Software: Services Providers licensed by Microsoft under the Services Provider License Agreement (SPLA) program may offer their customers software services and hosted applications using fully licensed Microsoft software. Microsoft software may not be used in a hosting environment without a SPLA.

How You Can Protect Your Business
It is important to understand that, according to federal law, resellers of counterfeit or infringing software risk exposure to substantial liability even if the reseller does not possess actual knowledge that the software was counterfeit or infringing. One of the easiest ways to safeguard yourself and your company from the liability of dealing in counterfeit or other illegal software is to obtain Microsoft software from authorized sources. Microsoft packaged software and Open licenses can be obtained through the Authorized Microsoft Retail Product Distributors listed on http://members.microsoft.com/partner.../distributors/.

If you are a System Builder, your assured source of genuine Microsoft OEM software is from the Authorized Microsoft OEM Product Distributors through the Microsoft System Builder Program. Please contact OEM Information at 1-800-426-9400 or visit the Microsoft OEM System Builder Web Site at http://www.microsoft.com/oem to register.

If you would like additional information on how to differentiate genuine Microsoft software from counterfeit and infringing software, please call the Microsoft Anti-Piracy Hotline at 1-800 RULEGIT. If you have questions or concerns regarding the piracy issues discussed in this letter, please call 1-888-760-5877. For more information regarding Microsoft?s efforts to combat software piracy, please visit the Microsoft Anti-Piracy homepage at http://www.microsoft.com/piracy.

Yours truly,

Microsoft Reseller Compliance Program




Basically I sold Windows 7 keys and Microsoft Office keys on eBay around February of this year. I made 300$ then deleted my PayPal that used a legit name and bank. I owe eBay like $6.00 so they email me about purchasing privileges revoked and such. Then today I got this from Microsoft.

I'm figuring I should pay my eBay balance and delete it as well.
bobby Reviewed by bobby on . Illegal Distribution Basically I sold Windows 7 keys and Microsoft Office keys on eBay around February of this year. I made 300$ then deleted my PayPal that used a legit name and bank. I owe eBay like $6.00 so they email me about purchasing privileges revoked and such. Then today I got this from Microsoft. I'm figuring I should pay my eBay balance and delete it as well. Rating: 5