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By Julian Goldsmith, 22 February 2000 00:10

NEWS This is how the original story broke on 23 February, 1999: A West London businessman is threatening to take Microsoft to court over allegedly violating the End User Licensing Agreement (EULA) supplied with its software. Jonathan Fletcher is claiming that his OEM (original equipment manufacturer) copy of Office97 Small Business Edition, is in breach of his EULA, because it does not allow him to reinstall Word97 and Excel97 on his PC once they have been deleted. He discovered the problem when he wiped his hard disk during a routine clean-up, expecting to be able to reinstall the software from the CD ROM supplied by Simply Computers when he bought his PC. Fletcher raised the issue with Simply Computers and Microsoft UK, and was told that this was due to a Microsoft feature inserted into the software to prevent single licence holders from copying it onto multiple PCs. He also claims he was told he could get the software reinstalled by the supplier, but would have to pay a fee for the service. Fletcher referred to his EULA and found that it entitled him to reinstall his software as many times as he wishes, providing he does so on the single PC the software was supplied with. He then notified his local Trading Standards officer, who is in the process of investigating whether Microsoft is actually in breach of its licence by rendering Fletcher's software unusable for the purpose made known on the packaging. "We are still in consultation with Simply, although they have adhered to their OEM licence and don't seem to hold any responsibility here," said Alan Sure, Trading Standards officer for Waltham Forest. "Although it may appear to be restrictive practices, it may be that Microsoft has just stitched up the OEM market to get more money - but quite legally. It really comes down to whether the OEM EULA is the same as the one you would get with the off-the-shelf version." Fletcher, on the other hand, feels he has been misled, and said he intends to claim compensation for his time and trouble from Microsoft. "I have been treated appallingly," he said. "Being asked to pay for the installation of software already in my possession is unfair. What is more, the assumption that it is the intention of every small business user to pirate software is insulting." Microsoft was unavailable for comment at the time of publishing.