5 ms·

I'm wondering if this is government overzealousness, not something Microsoft particularly cared about (aside from their lawyer perhaps carelessly chiming in).

I'm wondering if this is government overzealousness, not something Microsoft particularly cared about (aside from their lawyer perhaps carelessly chiming in). Government has a lot invested in this prosecution: they set up a sting, some prosecutor's reputation is probably on the line. It very much reminds me of the Aarton Swartz case (whose life was destroyed by Carmen Ortiz). Anyway, the article is light on details.

mirimir 9y ago
Microsoft could have disavowed any claims. Said that the CDs were worth nothing. But they didn't, so they're just as much at fault as the prosecutors are.
- jhallenworld 9y ago
  Heh, maybe they still will once the press is bad enough. Oh yeah, here we go: https://techcrunch.com/2018/04/27/microsoft-attempts-to-spin-its-role-in-counterfeiting-case/ https://techcrunch.com/2018/04/27/microsoft-attempts-to-spin... https://blogs.microsoft.com/on-the-issues/2018/04/27/the-facts-about-a-recent-counterfeiting-case-brought-by-the-u-s-government/ https://blogs.microsoft.com/on-the-issues/2018/04/27/the-fac... Frank X. Shaw "Corporate Vice President, Communications, Microsoft" seems incompetent. This stance (not fully disavowing) is hurting his company much more than helping it. Aaron Swartz committed suicide. It's not a far stretch to think that this could happen here. Would that really help Microsoft?
  - mirimir 9y ago
    Yes, that's lame bullshit from Microsoft. But why did he print them with Dell labels?
- DanBC 9y ago
  Why did he spend tens of thousands of dollars creating discs that had no value? The courts found that MS sell these discs for $25. They mulitplied that by the number of discs he sold. They did it that way, rather than using the price he sold them at, because he had done such a good job of forging them and the law then uses the value or the infringed, not infringing, item. (I don't think he should be in prison for this).
  - mirimir 9y ago
    > Why did he spend tens of thousands of dollars creating discs that had no value? I guess because he cares about encouraging reuse? > The courts found that MS sell these discs for $25. But according to the article, those $25 CDs come with licenses. And his didn't.
    - DanBC 9y ago
      The court documents explain this. https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/FINAL-FILED-BRIEF-11.17.17-004.pdf https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/FIN... > McGloin also testified about “certificate[s] of authenticity” (DE:145:45). A certificate of authenticity, or a “COA,” is a paper-based label that “contains security features, much like a bank note or [a] passport that is adhered to [stuck to] a device” (DE:145:45). During the conspiracy period, COAs typically contained a “product key” that could be used to activate the Microsoft OS software and verify the authenticity of the software license (DE:145:47). Importantly, however, an end user who purchased a computer with pre-loaded Microsoft OS software would not need the product key to activate the software (DE:145:47-48). This is because Microsoft allows devices sold by large OEMs like Dell to “bypass activation,”which means that an end user can start operating the computer without having to enter a product key (DE:145:48 (“COURT: So, if somebody bought a Dell laptop, and got it home, they plug it in and operate it? McGLOIN: Yes. COURT: And the end user does nothing else?McGLOIN: Correct. It gives the end user a nice experience, it works. THE COURT: It works.”)). > What this creates, McGloin noted, is something called an “unconsumed” product key—i.e., a product key that goes unused, so to speak, because an end user never has had to enter it into the system, and hence Microsoft has not registered the use of that key as an “activation event” (DE:145:50-54). This “unconsumed” product key exists in “around 98 percent” of cases, McGloin testified, where the software was pre-installed by the OEM; there has not been a hardware failure; the end-user has not had to enter the product key; and Microsoft has not registered the use of that product key as an activation event (DE:145:50-54). In light of the vast number of unconsumed product keys,it is “very common,”McGloin explained, for computer refurbishers unlawfully to remove COAs with unconsumed product keys from one device and stick them on another device as away to grant a Microsoft software license impermissibly to an otherwise unlicensed device (DE:145:51). Indeed, there “is quite a large market for obtaining product keys from other devices and reselling them through a particular market, on Ebay or other means,” because they “[can] be used . . . in the refurbished market as a genuine license” (DE:145:81-82). And, as relevant here, these unconsumed product keys canbe used unlawfully to activate and use pirated versions of Microsoft OS Software like the Microsoft OS software contained on Lundgren’s counterfeit Reinstallation Disc
DanBC 9y ago
https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/2LUNDGREN6.pdf https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/2LU... https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/FINAL-FILED-BRIEF-11.17.17-004.pdf https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/FIN... He went out of his way to create discs that would fool customers. He went out of his way to evade customs inspections, because he knew customs would seize the discs. He sold some of the discs for $3, some for $4, and some for $30-$40. He spent $80,000 creating the discs, and you don't do that for something that has no value. I don't think he should be in prison for this, but it's clearly criminal behaviour.
- jhallenworld 9y ago
  I think the $80,000 was more a bad business decision than anything else. You can just buy these disks on eBay for $7 for Windows-7, $3 for Windows-XP. https://www.ebay.com/itm/System-Recovery-disk-Boot-CD-For-Window-7-32-64-bit/300806838401?epid=0&hash=item46097c1881:g:H-YAAOxydgZTIgKb:sc:USPSFirstClass!02478!US!-1 https://www.ebay.com/itm/System-Recovery-disk-Boot-CD-For-Wi... https://www.ebay.com/itm/Windows-XP-Home-Edition-Install-Boot-Recovery-Restore-CD-Disc-Disk-OEM-SP3/222531716664?hash=item33cfec8638:g:DmEAAOSwSQFaFx8N:sc:USPSFirstClass!02478!US!-1 https://www.ebay.com/itm/Windows-XP-Home-Edition-Install-Boo... In any case, jail time is the issue. If a large corporation was doing this, there would be a fine and no jail time.

mirimir 9y ago

Microsoft could have disavowed any claims. Said that the CDs were worth nothing. But they didn't, so they're just as much at fault as the prosecutors are.

jhallenworld 9y ago
Heh, maybe they still will once the press is bad enough. Oh yeah, here we go: https://techcrunch.com/2018/04/27/microsoft-attempts-to-spin-its-role-in-counterfeiting-case/ https://techcrunch.com/2018/04/27/microsoft-attempts-to-spin... https://blogs.microsoft.com/on-the-issues/2018/04/27/the-facts-about-a-recent-counterfeiting-case-brought-by-the-u-s-government/ https://blogs.microsoft.com/on-the-issues/2018/04/27/the-fac... Frank X. Shaw "Corporate Vice President, Communications, Microsoft" seems incompetent. This stance (not fully disavowing) is hurting his company much more than helping it. Aaron Swartz committed suicide. It's not a far stretch to think that this could happen here. Would that really help Microsoft?
- mirimir 9y ago
  Yes, that's lame bullshit from Microsoft. But why did he print them with Dell labels?
DanBC 9y ago
Why did he spend tens of thousands of dollars creating discs that had no value? The courts found that MS sell these discs for $25. They mulitplied that by the number of discs he sold. They did it that way, rather than using the price he sold them at, because he had done such a good job of forging them and the law then uses the value or the infringed, not infringing, item. (I don't think he should be in prison for this).
- mirimir 9y ago
  > Why did he spend tens of thousands of dollars creating discs that had no value? I guess because he cares about encouraging reuse? > The courts found that MS sell these discs for $25. But according to the article, those $25 CDs come with licenses. And his didn't.
  - DanBC 9y ago
    The court documents explain this. https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/FINAL-FILED-BRIEF-11.17.17-004.pdf https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/FIN... > McGloin also testified about “certificate[s] of authenticity” (DE:145:45). A certificate of authenticity, or a “COA,” is a paper-based label that “contains security features, much like a bank note or [a] passport that is adhered to [stuck to] a device” (DE:145:45). During the conspiracy period, COAs typically contained a “product key” that could be used to activate the Microsoft OS software and verify the authenticity of the software license (DE:145:47). Importantly, however, an end user who purchased a computer with pre-loaded Microsoft OS software would not need the product key to activate the software (DE:145:47-48). This is because Microsoft allows devices sold by large OEMs like Dell to “bypass activation,”which means that an end user can start operating the computer without having to enter a product key (DE:145:48 (“COURT: So, if somebody bought a Dell laptop, and got it home, they plug it in and operate it? McGLOIN: Yes. COURT: And the end user does nothing else?McGLOIN: Correct. It gives the end user a nice experience, it works. THE COURT: It works.”)). > What this creates, McGloin noted, is something called an “unconsumed” product key—i.e., a product key that goes unused, so to speak, because an end user never has had to enter it into the system, and hence Microsoft has not registered the use of that key as an “activation event” (DE:145:50-54). This “unconsumed” product key exists in “around 98 percent” of cases, McGloin testified, where the software was pre-installed by the OEM; there has not been a hardware failure; the end-user has not had to enter the product key; and Microsoft has not registered the use of that product key as an activation event (DE:145:50-54). In light of the vast number of unconsumed product keys,it is “very common,”McGloin explained, for computer refurbishers unlawfully to remove COAs with unconsumed product keys from one device and stick them on another device as away to grant a Microsoft software license impermissibly to an otherwise unlicensed device (DE:145:51). Indeed, there “is quite a large market for obtaining product keys from other devices and reselling them through a particular market, on Ebay or other means,” because they “[can] be used . . . in the refurbished market as a genuine license” (DE:145:81-82). And, as relevant here, these unconsumed product keys canbe used unlawfully to activate and use pirated versions of Microsoft OS Software like the Microsoft OS software contained on Lundgren’s counterfeit Reinstallation Disc

DanBC 9y ago

https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/2LUNDGREN6.pdf https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/2LU... https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/FINAL-FILED-BRIEF-11.17.17-004.pdf https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/FIN... He went out of his way to create discs that would fool customers. He went out of his way to evade customs inspections, because he knew customs would seize the discs. He sold some of the discs for $3, some for $4, and some for $30-$40. He spent $80,000 creating the discs, and you don't do that for something that has no value. I don't think he should be in prison for this, but it's clearly criminal behaviour.

jhallenworld 9y ago
I think the $80,000 was more a bad business decision than anything else. You can just buy these disks on eBay for $7 for Windows-7, $3 for Windows-XP. https://www.ebay.com/itm/System-Recovery-disk-Boot-CD-For-Window-7-32-64-bit/300806838401?epid=0&hash=item46097c1881:g:H-YAAOxydgZTIgKb:sc:USPSFirstClass!02478!US!-1 https://www.ebay.com/itm/System-Recovery-disk-Boot-CD-For-Wi... https://www.ebay.com/itm/Windows-XP-Home-Edition-Install-Boot-Recovery-Restore-CD-Disc-Disk-OEM-SP3/222531716664?hash=item33cfec8638:g:DmEAAOSwSQFaFx8N:sc:USPSFirstClass!02478!US!-1 https://www.ebay.com/itm/Windows-XP-Home-Edition-Install-Boo... In any case, jail time is the issue. If a large corporation was doing this, there would be a fine and no jail time.