Earlier this week, Eric Lundgren was sentenced to 15 months in prison for selling what Microsoft claimed was "fake software," but only recovery discs that anyone could download for free. The company has now published a blog post that clarifies "the facts," even though it's a limited set of facts.
"We are sharing this information now and responding publicly because we misrepresent both Microsoft's role in this case and the facts themselves," the company wrote. But it carefully avoids the deliberate misunderstanding about software that it has announced in court.
This misunderstanding, which exaggerated and punished Lundgren's crime he received, is simply to co-operate software with a license to operate this software. Without going into details (my original post details it in detail), it claimed in court that the discs that Lundgren tried to sell were the same as the licensed operating systems if they were simply recovery discs that any user, refresher or vendor can download and burn for free. Lundgren wanted to sell them for a quarter to repair shops so they could pass them on to people who needed them.
Hardly anyone manufactures these disks anymore, let alone Microsoft, and without them, they are pretty worthless licensed copy of the operating system in the first place. But Microsoft convinced the judges that a piece of software without a license or product key ̵
Lundgren had already pleaded guilty to infringing the Dells trademark by copying the look of his discs, but the value that Microsoft convinced the judges has led these discs (totaling $ 700,000) directly to its 15-month penalty. Be that as it may, the company is not satisfied with the look of imprisoning a man for stealing anyone who has no value except someone with a bum and no support. He sums up the key points as follows, with my comment following the bullets:
Microsoft has not submitted this case: US Customs referred the case to federal prosecutors after receiving shipments of counterfeit software imported from China This was perfectly true, but Microsoft misrepresented the nature and value of the discs over and over again, falsely claiming that they led to lost sales. Of course, this is not possible because Microsoft provides the content of this medium for free. It sells licenses to run Windows, something you would need to have if you wanted to use the discs at all.
Lundgren established a sophisticated counterfeit chain in China: Mr. Lundgren traveled extensively in China to set up a production line and develop fake forms for Microsoft software to produce illegally counterfeit plates in substantial quantities
Microsoft tries to sound it like this to let, as if the guy is a criminal genius, which runs a large Windows pirate empire. He literally gave a Dell recovery disk to a duplicate store and asked them to make exact copies of it, including the label and the paper envelope.
Lundgren could not stop after warning : Mr. Lundgren was even warned by a customs seizure that his behavior was illegal and he had the opportunity to quit before being prosecuted.
I can not speak with this one, but Lundgren told me that the first message it was was being persecuted by someone when they raided his house. The monetary value of the discs was so low and the counterfeit piece so small (fake duplicate labels of discs that Dell does not even provide) that it would be a punishment and seizure of the shipment, if any,
Lundgren confessed Guilty: The counterfeit discs received from Mr. Lundgren were sold to Sanierer in the United States for his personal gain, and Mr. Lundgren and his co-defendant both committed federal crime
Lundgren pleaded guilty to falsifying the Dell data carriers not to fake Microsoft software. It is an important distinction as the discs are almost worthless and copyright crimes are condemned on the basis of the value of the injured object. I asked him for the claim that he sold 8,000 of them to a buyer for $ 28,000 or $ 3.50 – something that would make sense, since every buyer would know that these things could be made for pennies ,
Lundgren went out of his way to mislead people: His own e-mails, which were presented in the case as evidence, show how much Mr. Lundgren was trying to make his fake software look like real software to let. They also show him how he instructs his co-defendants to find less demanding customers who could easily be deceived when people object to the counterfeits.
Printing an exact copy of a label for a CD is not exactly "great" At the company in China, "Made in USA" printed on the CD and "Made in Canada" on the sleeve, and had a yellow background, when it should have been green – that was exactly the kind of thing he fixed.
Lundgren intended to profit from his actions: His own e-mails filed as evidence in court make it clear that Mr. Lundgren's motivation was to sell counterfeit software to generate income for himself.
The plan was to sell these almost worthless plates Everyone can do one for free – one quarter each for renovators.
Microsoft has a strong program to support legitimate renovators and recyclers: Our program supports hundreds of legitimate recyclers while protectingi ng.
The result is that Lundgren is not a legitimate renovator or recycler. However, he already pointed out that his company, which handles recycling for Lenovo, Nintendo and others, will accept more electronic waste in one year than Microsoft in a decade.
If a modernizer upgrades a new version of Windows to a remanufactured PC, we charge a discounted price of $ 25 for the software and a new license – it's not free.
But if they do not install a new version of Windows because the computer already has a licensed copy on it, like so many, the software is free. There is no limit to how many companies can produce on their own. Microsoft only charges the licenses. Here, make one yourself if you have to. Lundgren's plan was simple. He faked Windows software in China and imported it to the United States. Mr. Lundgren intended to sell the software to the Refurbishers community as if it were a legitimate, licensed copy of Windows.
There's the key right there. "As if it were a legitimate, licensed copy of Windows."
These are not licensed copies of Windows! They are discs that anyone can make, and manufacturers and modernizers can print as many as they want to give customers who already have a copy of Windows. These disks are used to repair or reinstall a copy of the operating system. They did not come with licenses, and Lundgren did not sell or license.
Do not let Microsoft fool you into letting the judges fool you. You and I or a Refurbisher can now create a Recovery CD for free. A license to run Windows comes from Microsoft and costs good money. They are not the same and Lundgren would sell the former, not the latter.
I asked Microsoft to explain this last point and I will update the post when I hear it.