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Microsoft attempts to spin the purpose in counterfeiting case

Earlier this week Eric Lundgren was sentenced to 15 months in prison for offered what Microsoft claimed was “counterfeit software,” yet that was in fact usually liberation CDs installed with information anyone can download for free. The association has now put adult a blog post environment “the facts” straight, yet it’s something of a singular set of those facts.

“We are pity this information now and responding publicly given we trust both Microsoft’s purpose in a box and a contribution themselves are being misrepresented,” a association wrote. But it delicately avoids a counsel myth about module that it promulgated in court.

That misconception, that vastly farfetched Lundgren’s crime and led to a judgment he received, is simply to conflate module with a permit to work that software. Without going into sum (my original post spells it out during length) it confirmed in justice that a discs Lundgren was attempting to sell were homogeneous to whole protected handling systems, when they were simply liberation discs that any user, refurbisher, or manufacturer can download and bake for free. Lundgren was going to sell them to correct shops for a entertain any so they could palm them out to people who indispensable them.

Hardly anyone even creates these discs any more, positively not Microsoft, and they’re flattering many meaningless though a protected duplicate of a OS in a initial place. But Microsoft assured a judges that a square of module with no permit or product pivotal — definition it won’t work properly, if during all — is value a same as one with a license.

Lundgren had already pleaded guilty to infringing Dell’s heading by duplicating a demeanour of a discs, yet a value Microsoft assured a judges those discs have (a sum of $700,000) directly led to his 15-month sentence.

Anyway, a association isn’t happy with a demeanour it has of promulgation a man to jail for hidden something with no value to anyone yet someone with a crippled mechanism and no backup. It summarizes what it thinks are a many critical points as follows, with my explanation following a bullets.

Microsoft did not move this case: U.S. Customs referred a box to sovereign prosecutors after intercepting shipments of tawdry module alien from China by Mr. Lundgren.

This is ideally true, however Microsoft has ceaselessly skewed a inlet and value of a discs, secretly claiming that they led to mislaid sales. That’s not possible, of course, given Microsoft gives a essence of these discs divided for free. It sells licenses to work Windows, something you’d have to have already if we wanted to use a discs in a initial place.

Lundgren determined an elaborate tawdry supply sequence in China: Mr. Lundgren trafficked extensively in China to set adult a prolongation line and designed tawdry molds for Microsoft module in sequence to unlawfully make tawdry discs in poignant volumes.

Microsoft is perplexing to make it sound like a man is some rapist designer using some large time Windows pirating empire. He literally gave a Dell liberation front to a duplication emporium and told them to make accurate copies of it, including a tag and paper sleeve.

Lundgren unsuccessful to stop after being warned: Mr. Lundgren was even warned by a etiquette seizure notice that his control was bootleg and given a event to stop before he was prosecuted.

I can’t pronounce to this one, yet Lundgren told me that a initial notice he had that this was being followed by anyone was when they raided his house. The financial value of a discs was so tiny and a counterfeiting square so teenager (fake labels for duplicates of discs that Dell doesn’t even yield any more) that if anything it would be a excellent and lien of a shipment, not a 5-year box alleging millions in damages.

Lundgren pleaded guilty: The tawdry discs performed by Mr. Lundgren were sole to refurbishers in a United States for his personal eminence and Mr. Lundgren and his codefendant both pleaded guilty to sovereign transgression crimes.

Lundgren pleaded guilty to counterfeiting a Dell discs, not to counterfeiting Microsoft software. It’s an critical eminence given a discs are scarcely meaningless and copyright crimes are condemned formed on a value of a infringed item.

Lundgren went to good lengths to trick people: His possess emails submitted as justification in a box uncover a lengths to that Mr. Lundgren went in an try to make his tawdry module demeanour like genuine software. They also uncover him directing his co-defendant to find reduction perceptive business who would be some-more simply cheated if people objected to a counterfeits.

Printing an accurate duplicate of a tag for a front isn’t accurately “great lengths.” Early on a association in China printed “Made in USA” on a front and “Made in Canada” on a sleeve, and had a yellow credentials when it should have been immature — that’s a kind of thing he was fixing.

Lundgren dictated to eminence from his actions: His possess emails submitted as justification before a justice make transparent that Mr. Lundgren’s proclivity was to sell tawdry module to beget income for himself.

The devise was to sell these scarcely meaningless discs —remember, anybody can make one for giveaway — for a entertain any to refurbishers. Records, however, uncover that Lundgren had sole several thousand to one customer for $3-4 each, that is discordant to this assertion. I’ve asked him for construction on this.

Microsoft has a clever module to support legitimate refurbishers and recyclers: Our module supports hundreds of legitimate recyclers, while safeguarding customers.

The import is that that Lundgren is not a legitimate refurbisher or recycler. He forked out earlier, however, that his company, that handles recycling for Lenovo, Nintendo, and others, takes caring of some-more e-waste in a year than Microsoft has in a decade.

When a refurbisher installs a uninformed chronicle of Windows on a refurbished PC, we assign a ignored rate of $25 for a module and a new permit – it is not free.

But if they’re not installing a uninformed chronicle of Windows, given a appurtenance already has a protected duplicate on it, as so many do, a module is free. There’s no extent on how many a association can make on a own; Microsoft usually charges for a licenses. Here, go make one yourself in box we need to do it.

Mr. Lundgren’s intrigue was simple. He was counterfeiting Windows module in China and importing it to a United States. Mr. Lundgren dictated a module to be sole to a refurbisher village as if it was a legitimate, protected duplicate of Windows.

There’s a pivotal right there. “As if it was a legitimate, protected duplicate of Windows.”

These are not protected copies of Windows! They’re discs anyone can make, and that manufacturers and refurbishers can imitation as many of as they like, to give to business who already have a duplicate of Windows. These discs are for repair or re-installing a duplicate of a OS. They did not come with licenses and Lundgren was not offered or providing licenses.

Don’t let Microsoft dope we a approach they helped dope a judges. A liberation front is something we or we or a refurbisher can make right now for free. A permit to work Windows comes from Microsoft and costs good money. They’re not a same thing and Lundgren was going to sell a former, not a latter.

I’ve asked Microsoft to explain this final indicate and will refurbish a post if we hear back.

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