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Microsoft helped imprison a man for ‘counterfeiting’ software it gives away free

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Re: Microsoft helped imprison a man for ‘counterfeiting’ software it gives away free

#11
post #3

Title is missleading: "His actual crime, which he pleaded guilty to, was counterfeiting the packaging to make the discs pass for Dell-branded ones." He misled his customers in order to make money. This isnt really different than selling knock off gucci handbags. Sure they probably work & look the same, but it does damage to the legitimate brand.

The guy is guilty for that, the problem is the way damages were calculated and that they guy ended in prison instead of paying the damages.

Re: Microsoft helped imprison a man for ‘counterfeiting’ software it gives away free

#12
post #9
post #3

Title is missleading: "His actual crime, which he pleaded guilty to, was counterfeiting the packaging to make the discs pass for Dell-branded ones." He misled his customers in order to make money. This isnt really different than selling knock off gucci handbags. Sure they probably work & look the same, but it does damage to the legitimate brand.

My understanding was that he was changing $.75 (essentially the cost of the DVDs)?

0.25 I think and MS convinced the judge that the value MS lost was 25$/disk because the judge missed the point that the guy was not selling any license.

Re: Microsoft helped imprison a man for ‘counterfeiting’ software it gives away free

#13
post #6

Did he or did he not seek to make a meaningful profit from this activity? I can't see information on that in the article. Also did he use the downloadable file or did he actually burn from an existing DELL disc? I think there would be software differences potentially there right? I got a reinstallation media sent out from DELL and it definitely seemed customised.

He cloned a disk, bit by bit, also the cover /label on the disk was cloned. The disks were not cracked so the user had to input the serial number from the bottom of the laptop

Re: Microsoft helped imprison a man for ‘counterfeiting’ software it gives away free

#14
post #6

Did he or did he not seek to make a meaningful profit from this activity? I can't see information on that in the article. Also did he use the downloadable file or did he actually burn from an existing DELL disc? I think there would be software differences potentially there right? I got a reinstallation media sent out from DELL and it definitely seemed customised.

Basically he was making counterfeit restore and Windows installation CDs, which you can just download for free, and distributing them with refurbished PCs he was selling. M$ claimed damages of $25 per CD based on the $25 they charge for their refurbishing program which provides a copy of the install media but also included a new license and participation the M$'s authorized refurbishing program even though no licenses were illegally provided. So now this guy is going to federal prison over what's really a copyright violation.

Re: Microsoft helped imprison a man for ‘counterfeiting’ software it gives away free

#15

15 months sounds excessive, but the fact the software could be downloaded by customers for free is not a mitigating factor in a guy attempting to make a profit making it look as much as possible like a paid for product sold by Dell/Microsoft...

The guy is not innocent because he used those logos/brands but there was some weird issues in this case,like emails getting lost by the government, then finding them after 2 years but some of them did not match, also the CDs very evaluated to 25$ a piece which is weird since there was no license included. Microsoft did not lose any money in this particular case but for some reason they wanted to make an example .

Re: Microsoft helped imprison a man for ‘counterfeiting’ software it gives away free

#16
The title on the original is "How Microsoft helped imprison a man for ‘counterfeiting’ software it gives away for free". Even that title is misleading, but the shortened title here is wrong because "Free Software" has a specific meaning.

Referring to Microsoft Windows as "free software" is just wrong. Microsoft Windows is not Free Software. Even if you leave out the caps intending to refer to price only, the title is wrong. Windows is not for free. You can only get unlicensed copies for free. Which is what the article is about.

Re: Microsoft helped imprison a man for ‘counterfeiting’ software it gives away free

#18
His punishment seems disproportionate and stupid (like, why are we spending money to lock him up instead of fining him more?); but he clearly intended to make disks that buyers would think were factory originals, and knew that he was breaking the law. From his email:

> I can look in to the missing boxes - Usually in my history - Customs just ships them to you 3 weeks later.

> If they call you - play stupid and just tell them that you ordered from an asset management overseas.

> Tell him that the product was guaranteed to be real and that you paid a very high price for it. Act upset as to why you had not received your product yet.

Obviously cherry-picked by the prosecutors; but there's a lot more, and it makes him look much worse than the press coverage does.

https://blogs.microsoft.com/uploads/prod/sites/5/2018/04/2LU...

ETA: And why do the media keep repeating the $0.25/disk? There's a PO where he sold some for $3 or $4 each. Less than the stupid $25, but not charity.

Re: Microsoft helped imprison a man for ‘counterfeiting’ software it gives away free

#19

15 months sounds excessive, but the fact the software could be downloaded by customers for free is not a mitigating factor in a guy attempting to make a profit making it look as much as possible like a paid for product sold by Dell/Microsoft...

> 15 months sounds excessive, but the fact the software could be downloaded by customers for free is not a mitigating factor in a guy attempting to make a profit making it look as much as possible like a paid for product sold by Dell/Microsoft...

I don't know if I would call it 'trying to make profit' when you make CDs in China, ship them to US and sell the CDs for 25 cent a piece.

According to himself he made no money off of this both because no one wanted to buy the CDs and the price didn't really allow for profit.

Re: Microsoft helped imprison a man for ‘counterfeiting’ software it gives away free

#20
post #6

Did he or did he not seek to make a meaningful profit from this activity? I can't see information on that in the article. Also did he use the downloadable file or did he actually burn from an existing DELL disc? I think there would be software differences potentially there right? I got a reinstallation media sent out from DELL and it definitely seemed customised.

According to what he says himself in an interview he was selling the CDs 25 cent a piece after paying for production in China and shipping to the US. I don't think you can get much meaningful profit from that.
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