Take That Best Buy...

[Cobalt]

Ebil and I were just talking yesterday about how Best Buy was getting sued for using unlicensed software. Apparently it hit the news stream today because lo-and-behold when I came in to work today I had an e-mail from my corporate supervisor that included the following.

 

Is Best Buy a corporate pirate?

 

4/13/2006 2:45:17 PM, by Nate Anderson

 

 

 

Winternals, the Texas software company known for programs such as ERD Commander 2005, has filed suit against electronics retailing giant Best Buy this week, claiming that the company has been using thousands of unlicensed copies of their software in stores across the nation. A judge has already granted a temporary restraining order against Best Buy, ordering them to refrain from using any unlicensed Winternals software.

 

Winternals' complaint (PDF) alleges that Best Buy approached them last October about the possibility of licensing Winternals software for use in Best Buy's Geek Squad business. (ERD Commander was of particular interest, as it allows technicians to repair and troubleshoot dead system with relative ease.) Winternals entered into negotiations and offered the retailer 12,000 licenses of its software for several million dollars, and all seem to be going along smoothly. Before any final decision was made, Best Buy requested that Winternals provide evaluation copies of the software and some training to employees in its use, which the company did in January. It was at these training sessions that Winternals learned that many Best Buy employees were already using unlicensed versions of the software in their daily work.

 

"At these training sessions, certain employees of Defendants approached Winternals' representatives and stated that many of Defendants' employees were very familiar with The Winternals Software and, in fact, had already been using The Winternals Software to repair malfunctioning and 'dead' computers of Defendants' customers for some time without a license. These employees expressed that they were glad to see the Defendants finally coming into compliance with Winternals by seeking a license to The Winternals Software."

 

On January 25, Best Buy said that they were interested in a longer-term license, and they asked Winternals to come back with a new figure. In early February, however, they stopped negotiations suddenly and said that "they were no longer interested in pursuing a commercial license at that time."

 

Winternals was suspicious that the retailer had been tempted simply to crack the software and continue to use it free of charge, and they launched an investigation of their own in which they contacted various Geek Squad branches and requested computer repair services. When the technician showed up, he always had a copy of ERD Commander.

 

" In one instance, a Geek Squad employee was videoed repairing a customer's computer using a pirated copy of ERD Commander. Copy of ERD Commander used in the videotape isn't illegal, 'cracked' copy of ERD Commander. This version of ERD Commander is identifiable because the start up screen conspicuously displays the word 'Gold Member' in the licensee information field next to the Winternals logo.

 

Winternals has never granted a license to any person or entity named 'Gold Member.' Upon information and belief, Defendants have circumvented Winternals' copyright protection system on this copy of ERD Commander and other copies of The Winternals Software."

 

The suit could cast a cloud over the company (which already has its critics), which has been experiencing strong growth and plans to open its first store in China soon. The suit claims that one Geek Squad employee told Winternals investigators that his company "frequently make use of pirated software, including The Winternals Software, in their business of preparing customer computers." If true, Best Buy could soon find itself in trouble with other companies as well.

-Fin

 

It then included a disclaimer from him that was as follows.

 

To all: Please read the attached article on a possible law suit against Best Buy for using copies of unlicensed software. We as a company have always insisted that our service departments use licensed approved copies of diagnostic software. Please use this article as a reminder to your Technicians that we need to make sure no unlicensed software is used in our service departments. We are working to provide a list and a disk of approved licensed software for each of your departments which should be completed soon.

 

I find all of this relatively amusing.

[mohawk]

I'd like to see them take a beating for this.

 

When you get a chance, check out www.bestbuysux.org

 

It is full of horror stories about customer service, manager's decisions, etc.

 

I was led to this site because I purchased a 9800Pro from a Best Buy in Central, Pa. I get home and open the box up, low and behold it was not a 9800 Pro.. (some older, older model). I went through months of phone calls before I finally got ahold of someone who didn't think I was just some guy trying to take advantage of a return policy... The site is full of stories like this.

 

If you ever purchase anything of value from one of their stores, i recommend you open it up at the register immediately after purchasing it.

Edited April 14, 2006 by mohawk

[appalachian_fox]

...I purchased a 9800Pro from a Best Buy in Central, Pa. I get home and open the box up, low and behold it was not a 9800 Pro.. (some older, older model). I went through months of phone calls before I finally got ahold of someone who didn't think I was just some guy trying to take advantage of a return policy... The site is full of stories like this.

 

I have known people who would pull such a scam: Buy a new (component), open it, install it, return the old one in the new box. That was usually a key indicator that I needed to disassociate myself from those people. Personally, I see it as stealing. I've never pulled this scam myself.

 

But, point is I always wondered what happened. It seemed to me they would be sold open-box at their discount. I felt sorry for the poor sons of guns who had to follow these guys unkowingly. Sorry it took so long to get restitution.

[whudats]

I've never had any issues with the place. I enjoy just walking through and browsing all the new stuff, just not buying a whole lot from there...

[TheReverend(c)]

...I purchased a 9800Pro from a Best Buy in Central, Pa. I get home and open the box up, low and behold it was not a 9800 Pro.. (some older, older model). I went through months of phone calls before I finally got ahold of someone who didn't think I was just some guy trying to take advantage of a return policy... The site is full of stories like this.

 

I have known people who would pull such a scam: Buy a new (component), open it, install it, return the old one in the new box. That was usually a key indicator that I needed to disassociate myself from those people. Personally, I see it as stealing. I've never pulled this scam myself.

 

But, point is I always wondered what happened. It seemed to me they would be sold open-box at their discount. I felt sorry for the poor sons of guns who had to follow these guys unkowingly. Sorry it took so long to get restitution.

Yes I would call it stealing and its also called fraud.

[Batman]

I did that befor I was 18, after that I didnt do illegal things like that anymore.. Id swap all sorts of stuff for what I bought and then return it.. I had several Big stores within bike riding distance..

[YoMamma]

I like Best Buy... even though they mark-up the prices of their cables by 200%