I think this is the price Microsoft offers to its largest partners. The defendant wasn't selling direct to consumers, he was selling to used computer dealers, s

I think this is the price Microsoft offers to its largest partners. The defendant wasn't selling direct to consumers, he was selling to used computer dealers, so I think the OEM comparison is decent. To be clear, I think the overall result here is an despicable perversion of justice, and I think US copyright law desperately needs to be reformed to include a more expansive version of fair use. I'm just explaining the way it works under current law.