Microsoft is suing Comet for alleged copyright infringement over what the software giant claims is nearly 100,000 counterfeit copies of Windows Vista and Windows XP recovery CDs. It has alleged that Comet made the copies before selling them to its customers. Comet argues that creating back-up CDs to go with each new Microsoft Operating System based computer is a legitimate right that cannot be contracted out of under European Union copyright law. Comet’s argument, however, may fall down over the fact that it made the copies rather than its customer. If the case makes it to a court decision, it will be interesting to see whether a court rules that back-up copies can only be made by a user and not someone supplying the software.