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Microsoft Helped Imprison a Man For "Counterfeiting" Software It Gives Away For Free
Old 04-26-2018, 08:03 AM   #1
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Microsoft Helped Imprison a Man For "Counterfeiting" Software It Gives Away For Free

News article caught my interest today. Had to read several times to try and understand what happened.

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In a sickening concession to bad copyright law and Microsoft’s bottom line over basic technical truths and common sense, Eric Lundgren will spend 15 months in prison for selling discs that let people reinstall Windows on licensed machines. A federal appeals court this week upheld the sentence handed down in ignorance by a Florida district judge, for a crime the man never committed.

Now, to be clear, Lundgren did commit a crime, and admitted as much — but not the crime he was convicted for, the crime Microsoft alleges he did, the crime that carries a year-plus prison term. Here’s what happened.
In 2012 feds seized a shipment of discs, which they determined were counterfeit copies of Windows, heading to the U.S., where they were to be sold to retailers by Lundgren. U.S. Prosecutors, backed by Microsoft’s experts, put him on the hook for about $8.3 million — the retail price of Windows multiplied by the number of discs seized.

The only problem with that was that these weren’t counterfeit copies of Windows, and they were worth almost nothing.
https://techcrunch.com/2018/04/25/ho...away-for-free/
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Old 04-26-2018, 11:29 AM   #2
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Play in the "grey areas" of life, you may have to pay the consequences. Copyright and piracy are rampant.
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Old 04-26-2018, 11:36 AM   #3
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As much as I'm not a huge fan of the new Microsoft, I do kinda see their point.

Not sure if the punishment fits the crime though.
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Old 04-26-2018, 11:55 AM   #4
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I would have felt more compelled by the arguments made in the article if the person involved had not tried to make the discs look like they were Dell discs. Kind of goes to intent, which in this case must have been to deceive and likely profit in some way not described in the article.

It is hard to see how that could be worth 15 months but maybe that can be/will be significantly reduced based on things like good behavior and release programs to reduce overcrowding.
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Old 04-26-2018, 12:14 PM   #5
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I would have felt more compelled by the arguments made in the article if the person involved had not tried to make the discs look like they were Dell discs. Kind of goes to intent, which in this case must have been to deceive and likely profit in some way not described in the article.

It is hard to see how that could be worth 15 months but maybe that can be/will be significantly reduced based on things like good behavior and release programs to reduce overcrowding.
Yeah. I had the same thought about the intent of trying to make like they were Dell discs. There's the counterfeit part.

Also, if he would have just tossed in the discs as free instead of a price, even a small one, the may not have been sent out to sing-sing .
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Old 04-26-2018, 01:10 PM   #6
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Lundgren's mother must have written that article.
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Old 04-26-2018, 04:24 PM   #7
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Play in the "grey areas" of life, you may have to pay the consequences. Copyright and piracy are rampant.
Nearly all of The Law is about property. The hammer will always come down in favor of the one with property. Even when not harmed. Even when not hared much. The Law is the tool of of the propertied. A relative who was a lawyer told me this. What most of the law is, is not what people generally think it is.
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Old 04-26-2018, 04:41 PM   #8
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Nearly all of The Law is about property. The hammer will always come down in favor of the one with property. Even when not harmed. Even when not hared much. The Law is the tool of of the propertied. A relative who was a lawyer told me this. What most of the law is, is not what people generally think it is.
+1 all the talk of justice or equality before the law is just that talk and pablum for the masses.

However, I am so glad we live in a society that does respect property. Much of the third world misery is, at its root, because there is no respect for property rights. hence, individuals and families have little to no basis to pull themselves out of poverty. or even if they do, it can be stolen from them in a flash.
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Old 04-26-2018, 05:57 PM   #9
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White collar felony conviction of a federal crime means time in a Club Fed - Yes?

How have other luminaries handled doing their time?

Martha Stewart passed time in prison in the most Martha Stewart way possible

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A little more than a decade ago, Martha Stewart spent about five months serving time in federal prison for obstructing an investigation into her sale of Imclone stock. The lifestyle maven has finally opened up about how she whiled away the hours while incarcerated in a federal penitentiary. Turns out, she spent her time there in the most Martha Stewart way possible.
Speaking at a brunch session at the Cannes Lions advertising festival on Thursday, Stewart told the audience that the prison food was just not acceptable — well beyond its expiration date, she said. “That’s why I made jam out of the crab apples on the trees,” Stewart explained.
Charles W. Colson, Watergate Felon Who Became Evangelical Leader

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Charles W. Colson, who as a political saboteur for President Richard M. Nixon masterminded some of the dirty tricks that led to the president’s downfall, then emerged from prison to become an important evangelical leader, saying he had been “born again,”
Shoot I even read somewhere that disgraced former CEO of Enron Jeff Skilling was volunteering his time to teach fellow inmates Spanish.

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In a front-page interview with The Wall Street Journal on June 17, 2006, Skilling claimed, among other things, that he had been melancholic after the Enron bankruptcy and considered suicide, but that his indictment actually ended his depression; that the worst witness against him was himself; and that he will be able to survive a long prison term as long as he is given "something to do, something to accomplish" while in prison.
Well there you go.
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Old 04-26-2018, 06:43 PM   #10
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Play in the "grey areas" of life, you may have to pay the consequences.
This
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Old 04-26-2018, 11:13 PM   #11
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One issue is that IF companies fail to aggressively take legal action to protect their IP, that IP could be deemed 'pubic domain'. In my career I have seen actions commenced not because of damage but rather based on legal advice that the IP must always be protected. At least in the jurisdiction where I lived and worked.
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Old 04-27-2018, 02:25 AM   #12
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One issue is that IF companies fail to aggressively take legal action to protect their IP, that IP could be deemed 'pubic domain'. In my career I have seen actions commenced not because of damage but rather based on legal advice that the IP must always be protected. At least in the jurisdiction where I lived and worked.
Thomas Kenneth Abraham d/b/a Paddle Tramps Manufacturing Co. v. Alpha Chi Omega et al., Case No. 12-10525 (5th Cir. Dec. 6, 2012) http://www.ca5.uscourts.gov/opinions...25-CV0.wpd.pdf
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Old 04-27-2018, 06:56 AM   #13
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Xerox sued Apple in Canada in the 80s over the use of their IP in the Lisa/Mac. They decided that Canada would be a less expensive venue to test their claims. My neighbour was the defense counsel and I had many chats with him during the court case. Short version. He claimed that the passage of time since their patents was enormous for IT and that Xerox had never commercially deployed their patents. Apple had also been granted patents for the Lisa and Mac.

They subsequently sued in the US and lost again.
US Lawsuit
Further update
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