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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: 2, Informative) by kai_h on Monday April 30 2018, @05:31AM (2 children)

    by kai_h (1524) on Monday April 30 2018, @05:31AM (#673605)

    Read this guy's emails, that were also linked to in the Microsoft blog post. Then make up your mind if this guy was a knight in shining armour, valiantly saving old PCs from ending up in landfill for the good of humanity, or if he was deliberately trying to deceive people into buying something that was, in fact, something quite different.

    IMHO, the key point that Microsoft make is this:
    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.

    I'll link them here for you:
    https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/Email_image1.png [microsoft.com]
    https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/Email_image2.png [microsoft.com]
    https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/Email_image3.png [microsoft.com]
    https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/Email_image4.png [microsoft.com]
    https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/Email_image5.png [microsoft.com]
    https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/Email_image6.png [microsoft.com]

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  • (Score: 3, Informative) by Anonymous Coward on Monday April 30 2018, @07:54AM (1 child)

    by Anonymous Coward on Monday April 30 2018, @07:54AM (#673632)

    I don't need to. I read the post the Microsoft guy made, and he confirms everything that Microsoft has been accused of.

    I don't care how shady the other guy is, what Microsoft is doing is charging people for a license to reinstall Windows even though they already have a Windows license.

    • (Score: 2) by bzipitidoo on Monday April 30 2018, @12:48PM

      by bzipitidoo (4388) on Monday April 30 2018, @12:48PM (#673692) Journal

      Exactly. I didn't have to read M$'s side to suspect they were putting a lot of spin on this story. M$ has lied, cheated, and extorted for decades. Remember file format lock in and OOXML? How about J? The Halloween documents? And most of all, the Microsoft Tax! Since the 1980s, they've been abusing their market dominance to force PC OEMs to pay for Windows and/or DOS, whether or not the PCs came with Microsoft software.

      I did read M$'s side, and wow, about the only change is that they're trying not to look so evil, seem to actually care more about their image now. Didn't use to bother protesting their innocence. Note also that they try to make Lundgren look worse by throwing around the word "counterfeit", as if he'd tried to print his own money.

      As for customs going after Lundgren on their own initiative, no, not a credible story. M$ is lying again. If it were true, then we ought to have words with customs and tell them to back off, stop being so zealous, and remind them they work for the people, not mega corporations. Might want words with them anyway. I resent our customs services being perverted to uphold monopolies. On several occasions, Big Pharma has gotten them to seize prescription drugs that seniors were bringing back from Canada. And seniors reminded everyone involved that you don't mess with the demographic that votes the most and will vote politicians out of office.