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posted by janrinok on Sunday April 29 2018, @10:14PM   Printer-friendly
from the another-life-ruined dept.

Microsoft's corporate vice president of communication Frank X. Shaw has given the company's take on the conviction of Eric Lundgren for allegedly ordering unauthorized copies of Windows:

In the last few days there have been several stories about the sentencing of Eric Lundgren in a case that began in 2012, and we have received a number of questions about this case and our role in it. Although the case was not one that we brought, the questions raised recently have caused us to carefully review the publicly available court documents. All of the information we are sharing in this blog is drawn from those documents. We are sharing this information now and responding publicly because we believe both Microsoft's role in the case and the facts themselves are being misrepresented.

  • Microsoft did not bring this case: U.S. Customs referred the case to federal prosecutors after intercepting shipments of counterfeit software imported from China by Mr. Lundgren.
  • Lundgren established an elaborate counterfeit supply chain in China: Mr. Lundgren traveled extensively in China to set up a production line and designed counterfeit molds for Microsoft software in order to unlawfully manufacture counterfeit discs in significant volumes.
  • Lundgren failed to stop after being warned: Mr. Lundgren was even warned by a customs seizure notice that his conduct was illegal and given the opportunity to stop before he was prosecuted.
  • Lundgren pleaded guilty: The counterfeit discs obtained by Mr. Lundgren were sold to refurbishers in the United States for his personal profit and Mr. Lundgren and his codefendant both pleaded guilty to federal felony crimes.
  • Lundgren went to great lengths to mislead people: His own emails submitted as evidence in the case show the lengths to which Mr. Lundgren went in an attempt to make his counterfeit software look like genuine software. They also show him directing his co-defendant to find less discerning customers who would be more easily deceived if people objected to the counterfeits.
  • Lundgren intended to profit from his actions: His own emails submitted as evidence before the court make clear that Mr. Lundgren's motivation was to sell counterfeit software to generate income for himself.
  • Microsoft has a strong program to support legitimate refurbishers and recyclers: Our program supports hundreds of legitimate recyclers, while protecting customers.

TechCrunch calls Microsoft's blog post "spin" for misrepresenting recovery discs as equivalent to entire licensed operating systems, hyping the "elaborate counterfeit supply chain", etc. Frank Shaw also defends the company in the comments for that article.

Also at The Verge.

Previously: 'E-Waste' Recycling Innovator Faces Prison for Trying to Extend Life Span of PCs


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  • (Score: 0) by Anonymous Coward on Monday April 30 2018, @11:15PM

    by Anonymous Coward on Monday April 30 2018, @11:15PM (#673967)

    IIRC, MS specifically claimed to the courts that when a HDD is erased during the refurbishing process, the OS licensing for that was on the OS is no loner valid. You could argue that first sale doctrine was used when the PC was "sold" but i dont know if first doctrine would aply if the PC was just given away (unless it had a specific statment declaring its sale somehow) wtc... They also claimed part of their motivation was to prevent malware infected installs from occur, which sounds like "preventing the install of legacy OS's that are no patched and cause us bad optics"