FORT MYERS – The U.S. District Court for the Middle District of Florida recently denied a motion by Cape Coral computer dealer to dismiss a copyright infringement lawsuit filed by Microsoft.
Linked-PC Inc. asked the court to dismiss charges that they illegally installed and sold Microsoft software without obtaining the proper licensing from Microsoft. The suit also alleges trademark infringement and violation of the Anti-Counterfeiting Act.
According to Microsoft, Linked-PC, along with defendants Julio and Andres Saavedra, "installed and activated thousands of unlicensed copies of its software." Additionally, Microsoft claims that in August 2017, the company attempted to sell "a Microsoft investigator a refurbished computer that contained an unlicensed copy of Microsoft software." The suit continues to say that Linked-PC also "provided a counterfeit Microsoft Certificate of Authenticity (COA) label with the computer."
In her Aug. 17 ruling denying Linked-PC's motion to dismiss, U.S.District Judge Sheri Polster Chappell said, in part, "It is plausible that defendants did not use the product key on the label to activate the software because they knew the label to be counterfeit."
Linked-PC has argued that they had no knowledge that the software and PCs were not properly licensed, arguing Microsoft was using a so-called shot gun complaint. Under a shot gun complaint, "there is multiple claims against multiple defendants without specifying which of the defendants are responsible for which acts or omissions, or which of the defendants the claim is brought against,” the court filings said.
Chappell found Linked-PC's argument to hold no merit. "The factual allegations are stated clearly, and the complaint adequately notifies defendants of the claims against them and the facts upon which each claim rests. Here, the complaint makes the following allegations that support the trafficking claim: Microsoft owns copyrights to many software programs; defendants knowingly sold a computer loaded with infringing software to an investigator working for Microsoft; and a counterfeit COA label accompanied the computer."
Linked-PC was given until Aug. 31 to file a response.