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Ebay Sues David Zamos Over Sale Of 2 Legitimate Software Titles- Apparent Mistake- Won't Appologize.
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Microsoft sues Zamos, 21, after refusing to accept a refund of the unoppened software. Zamos sold the programs on eBay thereafter and was sued in Fedaral court. Northern District Ohio, Akron, Ohio.
OPEN LETTER
KENT, Ohio / PR FREE / Feb 25 2005 --
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To Whom it may concern,
My name is David Zamos and I'm writing about some things that happaned to me recently, that you might like to cover in your publication.
I purchased microsoft software - Office and Windows XP for $50 - from my University, the University of Akron, and latter found out that I couldn't use it. Apparently Microsoft blocks XP Home users from installing XP Pro disks without reformatting the hardrive first.
Anyway, I went to return the two software units and I found out that I couldn't. The University of Akron says Microsoft prohibits them from accepting returns, even though the software was never used,opnened, installed or anything.
I wrote Microsoft a certified mail letter asking to return the software. They wrote back and told me they accepted such for 30 days. The only problem is they sent the letter 34 days after signing the return reciept for the certified mail. I still have the letter and the envelope it came in, with the postmark that proves the date of mailing. The letter inside was dated much earlier, so apparently they purposely held onto the letter for about 3 weeks untill it was mailed out.
Finally I sold it on eBay to get my money back. I complied with Microsoft's requirments for selling educational software, and included the notice that only authorized users at university's could purchase such. (see: http://cgi3.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=msnetsafeteam ).
When Microsoft used the Digital Millenium Copyright Act to cancel one of the auctions, even though I complied with their procedures, I sent a counternotice to eBay disputing I'd infringed their copyright. Finally they let me sell it. I then sent a notice to ebay demanding the records of myself as an "infringer" of Microsoft's software be removed from my record on eBay. Apparently Microsoft got confused and filed a lawsuit in Federal Court, under the wrongheaded assumption that I was somehow attempting to sell additional software. The notice I sent to eBay refered to the auction that was complete over 90 days prior. The notice was submitted on Dec. 1, 2004 and refferrred to an auction completed on Sept. 27, 2004, specifically and exclusivly.
Anyway, I filed a countersuit against Microsoft for unfair and deceptive consumer sales, among other things - Civil RICO, Uniform Commercial Code violations, Conversion, negligent misrepresentation , etc. - because since I never opened the software or installed it, I never agreed, or even became aware of, the license agreement that is apparently present on the software, in digital form only. I specifically filed a settlement notice asking for an appology and absolutly no money for me dropoing all of the counterclaims- but they weren't interested, although they now claim they want to drop the suit. They just won't appologise, so I won't drop my counterclaims. I will not settle untill I get a jury verdict or an appology- this isn't about money to me.
If you're interested, the Case is filed in the Northern District of Ohio, Easter Division US Court in Akron, Ohio. Case: 5:04-cv-02504 ; Judge John Adams ; Microsoft Corp. v. Zamos
I'm in this for the long haul, because I think the way they treat their customers is ridiculous - and I can't believe they sued me under the circumstances and then tried to back out.
I'm representing myself, contact me if you'd like any more information, or if you'd like me to forward you copies of any filings- although these may be recievied through the court's online Web site.
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