I'm ok with saying that this guy violated Microsoft's copyright by redistributing Windows binaries, but the punishment seems egregious. 15 months in jail and a $50,000 fine? At most he should have been fined the $3,400 and given a suspended sentence.
The convictions were actually for counterfeiting and copyright violation of the Dell and Windows Logos.
Federal prosecutors initially tried to nail him with $299 per disc but Microsoft intervened and said they sold refurbishers a $25 license and at most his disc should be valued at $20.
I think he should have been notified that his actions were potentially illegal and been given the option to just destroy the media.
> Microsoft intervened and said they sold refurbishers a $25 license and at most his disc should be valued at $20.
So the fake logos increased the value of the discs from $0.25 to $20 or $25? If he had labeled them "Eric's Restore Discs" he'd have been totally in the clear?
There's a quote from Lundgren stating as much. I don't know if that's his assessment taken from the 2 convictions or something more.
It would be curious to find out. I've not read anything to indicate that Microsoft would have opposed that so an official statement from them would be nice.
The fact that Microsoft sells refurbishers licenses for $25 for "unlicensed hardware" seems to acknowledge that refurbished computers can retain their license.
That being said, I would be surprised if Microsoft allowed distribution of recovery media from an unlicensed sources regardless of the label.
