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Taking A Slingshot To Microsoft

One-man computer shop survives dispute with software giant

By DOUGLAS S. MALAN

As far as Kent Johnson is concerned, at least one Goliath has been subdued.

The owner of a small computer repair shop in Torrington has been going toe-to-toe with Microsoft after the software giant accused Johnson last year of selling pirated software and infringing on the company’s copyrights and trademarks.

Johnson’s business, Compatible Computers, was named in one of 20 similar lawsuits filed throughout the country last October.

Now after nine months, the case has settled for an undisclosed amount, and Johnson is feeling like the little guy with the accurate slingshot.

“They had 15 people working on the case, and they spent a lot more money than I did,” said Johnson, who faced Microsoft as a pro se defendant. Though the settlement agreement prohibits him from discussing its details, he said, “I’m very happy with it. I never admitted any wrongdoing.”

The Shelton law firm of Roche Pia served as local counsel for Microsoft, which filed the lawsuit in federal court in Hartford. Attorney Brian Roche declined comment on the case, citing the confidentiality clause in the settlement agreement.

Johnson never hired an attorney because all of the ones he contacted wanted between $15,000 and $20,000 for a retainer, which he couldn’t afford. Despite having no formal representation, Johnson said he had “a couple of good people [who are lawyers] help me out” by explaining the filing process and offering general legal guidance.

Had the case gone on any longer, Johnson said he would have posted a plea for defense assistance on his web site www.againstgoliath.com, which he created to detail his legal fight against Microsoft.

Johnson came under fire when Microsoft accused him of infringing on its copyrights and trademarks, claiming that in 2007, Johnson unknowingly sold one pirated version of Microsoft Office 2003.

Along with computer repair and training people how to use software, Johnson would purchase software for customers and install it on their systems. He said he sold three copies of Microsoft Office 2003 two years ago for a total profit of $60. He said he bought the software in question on e-Bay and had no idea it was counterfeit.

Undercover Agent

According to court filings, he sold the software to Patricia Ubran, a Microsoft investigator who specifically asked him to buy a copy of Office 2003 from e-Bay and install it on two computers for her because Office 2007 was too expensive.

Microsoft has acknowledged that Office 2003 often is targeted by counterfeiters because it has fewer security features than newer versions, such as Office 2007.

Microsoft said in its complaint that Johnson was profiting from “reproductions, copies, or colorable imitations of the Microsoft copyrighted software…” and sought unspecified damages along with attorneys’ fees and costs. They alleged a “pattern of abuse.”

Johnson bristled at the accusations.

“There was never an infringement; there was only a single instance of infringement alleged (the Urban transaction), so there was never a pattern of abuse,” Johnson stated in his opposition to Microsoft’s efforts to compel discovery. “It is also important to note that selling a copyright holder a counterfeit copy of their own work does not infringe on their copyrights.”

Microsoft also claimed that Johnson was uncooperative in providing documents that detailed his acquisition, distribution and installation of Microsoft products. But Johnson countered that he was willing to cooperate as long as Microsoft was specific about its requests.

“I have repeatedly and forcefully offered to produce specific documents and answer questions if I can, but they just want everything I have in hopes they can find something to use against me,” Johnson stated in his opposition to the discovery motion.

Settlement

Eventually, the parties met to discuss a possible settlement in the chambers of U.S. Magistrate Judge Donna F. Martinez in Hartford.

Johnson told the Law Tribune last week that the setting was “a little intimidating” for a small business owner flying solo in federal court, but he said he felt confident about his arguments.

Johnson said that in hindsight, he recognizes the first letter from Microsoft warning of a legal attack is a form letter that he believes the company uses whenever it targets computer shops like his. “It was a one-size-fits-all case,” Johnson said. “Microsoft is trying to make money for their legal department by bullying people like me into paying money to settle these cases.”

The recession had taken its toll on Compatible Computers even before Microsoft filed suit, Johnson said, and the lawsuit did little to affect his profitability.

He said a couple of customers have come in talking about the case, but it’s not really a popular topic. And there’s been little change to Johnson’s business, except now he refuses to sell Microsoft products.

And on his web site, Johnson posted that he would “truly love to help anyone understand this mess, or get through their own trouble with Microsoft or any other Goliath.” •