Man sentenced to 15 months in prison for selling restore disks

youtube.com/watch?v=FaoJErxYLtM
washingtonpost.com/news/true-crime/wp/2018/04/24/recycling-innovator-eric-lundgren-loses-appeal-on-computer-restore-discs-must-serve-15-month-prison-term/?noredirect=on&utm_term=.d670946d7e95
>A California man who built a sizable business out of recycling electronic waste is headed to federal prison for 15 months after a federal appeals court in Miami rejected his claim that the “restore disks” he made to extend the lives of computers had no financial value, instead ruling that he had infringed Microsoft’s products to the tune of $700,000.

>The appeals court upheld a federal district judge’s ruling that the disks made by Eric Lundgren to restore Microsoft operating systems had a value of $25 apiece, even though they could be downloaded free and could be used only on computers with a valid Microsoft license. The U.S. Court of Appeals for the 11th Circuit initially granted Lundgren an emergency stay of his prison sentence, shortly before he was to surrender, but then affirmed his original 15-month sentence and $50,000 fine without hearing oral argument in a ruling issued April 11.

>Microsoft issued a statement... “Unlike most e-recyclers, Mr. Lundgren sought out counterfeit software which he disguised as legitimate and sold to other refurbishers. This counterfeit software exposes people who purchase recycled PCs to malware and other forms of cybercrime, which puts their security at risk and ultimately hurts the market for recycled products.”

The world is being run to the ground by people who don't understand technology and goaded by companies without consciences.

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Other urls found in this thread:

resource-recycling.com/e-scrap/wp-content/uploads/sites/2/2017/07/Lundgren-emergency-motion.pdf
sdi-tool.org/
blogs.microsoft.com/on-the-issues/2018/04/27/the-facts-about-a-recent-counterfeiting-case-brought-by-the-u-s-government/
en.wikipedia.org/wiki/Plea_bargain#Disadvantages_and_issues
twitter.com/SFWRedditGifs

Did the PCs come with valid keys?

Why do these articles and the person spamming threads over and over try to downplay the piracy ring he was running

He is a dumb ass for selling Microsoft shit in the first place, if a SLIC injector was included on the disk he probably deserves what he got.

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the hell was the software

he was selling windows 10 product keys that he acquired illegaly

(probably, i didnt read the article)

He was running a piracy ring? I only learned about this story a few hours ago. Thought Jow Forums would like to know.

According to other articles, the software on the discs were free to download from OEM websites.

Save the planet goy, I mean give us $700,000 goy.

Yes.

>the piracy ring he was running
What piracy ring WAS he running?

AFAIK all he did was intend to sell DVDs with the same shit as could be downloaded on the Microsoft website, to be supplemented by the purchasers with their own legitimate serial numbers.

Microshaft is mad somebody is creating an easy way to hop off the windows 10 train back to earlier systems.

resource-recycling.com/e-scrap/wp-content/uploads/sites/2/2017/07/Lundgren-emergency-motion.pdf

This is the appeal, I'm looking for the actual court documents since nobody here actually seems to know what the fuck he was really charged with.

Just goes to show that Microshaft is all about those sweet precious shekels

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>On February 28, 2017, Mr. Lundgren pled guilty to one count of conspiring
to traffic in counterfeit goods under 18 U.S.C. § 2320(a)(1) and one count of
criminal copyright infringement under 17 U.S.C. § 506(a)(1)(A) and 18 U.S.C. §§
2319(a) and (b)(1). After voluntarily admitting his guilt without a trial, Mr.
Lundgren surrendered to the Government all the property subject to forfeiture
under 18 U.S.C. § 2323.
Not a law expert, but does this mean he admitted guilt when initially charged?

>the software on the discs were free to download from OEM websites.

it's not even always the case

i've had to deal with old laptops and not even their mystery-meat drivers are always available on manufacturer's website

it's not exactly fun having to download and transfer 14GB sdi-tool.org/ pack over usb 1.1 just to make a bunch of basic shit function

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He was selling a Windows restore disk, with his recycled systems. The disk probably had some way to activate the system that Microsoft objected to but even it the disk didn't He was still selling Windows which is just asking for trouble.

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So as far as I can understand he downloaded Windows 10 from Microsoft's website and put it on a disk then tried to sell it?

>jewtube
>wapo

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no
from the looks of it no piracy was involved and no thievery was involved at all.

he was downloading free to download programs and putting them in a package for people too stupid to download them by themselves.

Yes, which is why he's in strife. If he'd sold the disks at a price that covered only the cost of making the disk he'd probably be okay. But if he is making a profit selling Microsofts software he is clearly doing something illegal.

This is what happens when you give tech illiterate lawyers the power to put people in jail.

No, he copied the system restore discs from Dell- which cannot install windows without a license key, but can re-install windows on recycled computers with wiped hard drives and valid licenses.

the solution would have been to send the people a link that he "found" online and tell them to dl it themselves

the software license wouldn't allow him to sell them, that is what he is getting arrested for

He's in trouble because Microsoft REALLY does not like people distributing Windows in any form without authorization. Which is understandable, because even with legit vendors, you have no idea what the fuck they've done to Windows. For example, Windows Update is totally broken on Lenovo T430 models after a factory restore because the factory image includes Nitro PDF, which uses Nalpeiron Licensing Service, which fucks up Windows Update. That's why only really big vendors like Dell and Lenovo are allowed to distribute a modified version of Windows (and they are supposed to be closely monitored).

>FTA
>Lundgren had 28,000 of the disks made and shipped to a broker in Florida. Their plan was to sell the disks to computer refurbishing shops for about 25 cents apiece, so the refurbishers could provide the disks to used-computer buyers and wouldn’t have to take the time to create the disks themselves. In turn, the new users might be able to use the disks to keep their computers going the next time a problem occurred.
So he wasn't just repacking existing restore disks, he was having them made. Since software since in this weird realm where it can be both considered a physical "good" and have a copyright, they probably got him on the copyright part. If he left off the Microsoft binaries and replaced it with a third party download/installer he might have gotten away with it. From a moral or ethical standpoint, it doesn't look like he committed any real wrongs. Not sure why he rolled over for Microsoft's lawyers so easily though.

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yea I know. The irony is he's doing the work though
I go into an office as a contractor or consultant and offer free products and charge a lot to install them..

>Since software since in this weird realm where it can be both considered a physical "good" and have a copyright
Are you suggesting physical goods can't have copyright? Because that's not (copy)right.

>If he left off the Microsoft binaries and replaced it with a third party download/installer he might have gotten away with it.
I thought part of the use of a Restore Disk was that it could make your computer work again when windows didn't want to boot properly. Seems a little useless if you need a working computer to use a disk to make a disk to fix a broken computer.

daily reminder that this is what trumpets wanted when they elected corporations to run our country

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Because they're Microsoft's lawyers, that's why

dis is what happens when u use proprietary software


dont do it

He wasn't sentenced for selling the disks, he was sentenced for claiming they were genuine OEM product despite making them himself.

>Commiefornia
>Government doesn't understand technology
>Oppressive anti-buaines slaws
Wow, how could this happen?

you dumb cunts just eating up this e waste business

guy is a fraud

read the emails

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10 Microgoy points have been deposited in your account. Have a nice day!

the guy was literally getting fake cases and shit made in china to appear legit

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All he was doing was selling restore discs that are free anyway. It's like if I downloaded a Linux distro, burned a disc, and sold it to someone. That would make me an asshole, and the person who bought it would be a retard, but it's nothing criminal. The only reason he is going to prison is because Microsoft is assblasted about it because it's their IP.

He sold the disks for $.25

>Unlike most e-recyclers, Mr. Lundgren sought out counterfeit software which he disguised as legitimate and sold to other refurbishers.
/thread
I've been shopping at the same PC recycler in my city for two decades and they've never had any legal problems because they don't break any resale/distribution laws.

>He was counterfeiting Windows software in China and importing it to the United States. Mr. Lundgren intended the software to be sold to the refurbisher community as if it was a legitimate, licensed copy of Windows.

>Had he simply wanted to help this community, why did he set up an entire counterfeit production operation in China to make the CDs appear legitimate?

dude literally got fake cd cases and software in china made for older versions of windows

but because of his e-waste bs he's a tech god

>be huge scam artist and violate copyright
>go to jail
why is this news exactly?

So let's say I'm in a similar situation. A friend needs some free software so I find it, dl it, throw it on a thumb drive, go to his place, and I dunno, I get a call halfway through installation and to just save time and do him a favor I just give the drive to him since I have a million small ones. Then he says "oh no, here, I don't know how much this drive costs, but take this $20 bill here. Thanks for doing this bro". Then let's say shit goes down and this same situation happens to me. As long we all agree the money exchanged was for the hardware and labor time, we should be good right? Or if I keep the hardware, we can just say the money was for labor and be fine? I assume that's how you can do this all legally.

now add in that after your friend asks you visit china and put down $2600 deposit for them to make you thousands of pirated windows cases and disks

then you ship 28000 of the ones you already have from Dell PC's to Florida where customs stops it


because that's what he did you dumb cunt

>do something illegal
>get punished for it
woooooooooooooooooooooow

Lol, what a fucking dumb cunt. I don't agree that he committed any real crime, but Jesus fuck.

It's like he read a book about how to make legitimate activity look shady.

Here is Microsoft's side of the story.

blogs.microsoft.com/on-the-issues/2018/04/27/the-facts-about-a-recent-counterfeiting-case-brought-by-the-u-s-government/

Take a look at the e-mails. The guy is an asshole, and he knew perfectly well he was trying to scam refurbishers. He also taken to court by the federal government, not Microsoft.

LUNDGREN BTFO

>infringe on other people's software
>break the law
>go to jail
>whine on Jow Forums

Wow!

>because that's what he did you dumb cunt
Did I say otherwise, you retarded faggot? I was speaking about a hypothetical and entertaining ways to legally do things like this, but not necessarily on the scale this guy did. I never said this dude didn't break the law you dumb shit.

He was sentenced for violating copyright, the discs were designed to advertise they were Microsoft OS and were covered in stickers and shit, he was NOT charged for selling generic restore disks

>plead guilty
>complain about getting sentenced

If a corporation did something similar, it would have to pay a tiny fine and no one would go to prison.

I sure love when the actual facts come to light rather than the bullshit

>"Muh piracy boogeyman!"

yes, completely changed the whole story

From what I've read, he sold the restore disks for $0.25.
It's Microsoft who said in court that the "perceived value" is $20 per disk, so he owed MS 80 times more than he charged. $560,000 instead of $7000. That was the focus of the case.
The other focus was MS saying his restore disk costs them sales. Restore disks they offered for download themselves, but didn't offer disks of. But the restore disks weren't a license, they were for people who already had license keys.

>charge a lot for installing them
you charge for installation, you are charging for a service. Not for the software.
You would be breaking the law if you went to some random place, gave them a disk and get money.

MS charges companies $25 for a restore disk AND a new license

they offer this for exactly this guys business basically

He still took OEM images, got them copied without permission and tried to sell them for profit. It's not like he was just bundling these with machines his own company was selling.

He was trying to flog the recovery images to refurb sellers, it's textbook counterfeit . You don't download the images, send them off to China and ask a company to make the CDs look legitimate, then email a buyer with instructions on how to lie to customs and expect to not get rinsed for it.

In theory providing the recovery images shouldn't be a problem but he was doing the whole thing so arse about face that I can't even tell if he was doing it for good reasons or if he did this under the cover of right to repair to try make a profit

According to Microsoft, the evidence submitted to the court showed he made $28,000 of the sale of 8,000 discs. They didn't link to this evidence though, but that would be $3.5 per disc, not $.25

you sound like one of those dumb fuck southern boomers that hold office in congress

>Fedora
>shoes from the colonial era
I don't trust this guy...

>selling windows
>get fucked by ms

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>pirated microshit
>didn't pirate hirens and redistributed it as his own software after reskinning it
LMAO fag

selling *dvds for the cost of plastic that goes into them

he was selling dvd's without keys while people could also download them for free...

seems like piracy to me

I doubt the software he was distributing, even if free as in beer, was on permissive licenses. Seems reasonable he'd be convicted for redistributing software he didn't have the right to distribute. Or am I missing something?

Uh, the video's title was changed... how convinient.

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that's fraud not piracy.

clearly you werent born in the era that people were buying physical disks with pirated versions
and your alternative was to wait on a 56k modem...

'course you could say that this fellow was charging for the SERVICE of burning the CD.

well, i bought a lot of bootleg games but i was still a kid when 56k was a thing.

People still use restore discs?

You can get MediaCreationTool from Microshoft which give you the latest Windows 10 image.

Then is helps you get the image onto a USB drive.


The Windows installer should then be able to pick up the license key itself.

Windows 10 should also have the most relevant drivers included.

everything on this is biased as fuck, gonna need a proper quick rundown

blogs.microsoft.com/on-the-issues/2018/04/27/the-facts-about-a-recent-counterfeiting-case-brought-by-the-u-s-government/

these

He deserves it for supplying people with non-free software. Giving people Windows is like giving them heroin. They think they want it, but they are better off without it.

>faggot tries to tack himself onto right to repair movement
I hope he gets mightily raped in prison.

Fitting he was selling windows with his trash PC's

Clear indication that Windows it self is fucking trash.

lol i didn't know they made a he-man movie starring dolph lundgren
>themoreyouknow.webm

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Stfu

You can't sell someone else's copyrighted material without acquiring the rights to do it from the copyright holder. However, OEM software's whole purpose is for vendors and repair shops to use to install and repair Windows installations, so I'd imagine the license on the site would explicitly grant any users the right to use it for that purpose. However, that does not mean they've given you the right to sell it as well, so if you copy it to a disk and sell it to your friend you are violating the copyright. I'm not very familiar with the criminal side of copyright law, but there's no way a prosecutor would go after you for this, and the most Microsoft could probably expect is the $25 valuation from the OP's case, unless the judge really wanted to award them punitive damages.

>retard tries to SELL others' proprietary software
>people think he's not going to get assraped
k

not exactly how it works, if you have OEM PC you have OEM CDkey and you can reinstall windows as many times as you want on original hardware.

There is more to this, has to be.

That's exactly what he did doe

>Aaron Swartz and the Corrupt Practice of Plea Bargaining - Forbes
>Plea bargaining in the United States is very common; the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial. They have also been increasing in frequency—they rose from 84% of federal cases in 1984 to 94% by 2001
en.wikipedia.org/wiki/Plea_bargain#Disadvantages_and_issues

Nah, in the US plea bargains are literally
>we lobbied to get all these "just" laws in place, so
>either we ruin your life
>or you plead guilty and we only make you unemployble for the rest of your life

they bought discs off of ebay and made counterfeits of counterfeits lmfao

yeah he's complaining it says made in canada inside but made in the USA outside

it's exactly what he didn't do, he bought counterfeit software from China and sold it as genuine.

MICROSOFT SWEATIN

It was free to download and use, but not for what he was doing.

>his India project
Does he even poo in the loo

I have a feeling he knew what he was doing was illegal, but just didn't care because "hurr durr i am a lil guy they wont care"

The software itself is something you can get anywhere for free. What's illegal is he made a counterfeit version of the real thing. This should be very clear, however the media is doing its thing.

Friendly reminder that fake news media gets off to deceiving people even if it does not help their agenda in any way. They as leftists like to inflict suffering and believe it makes them more powerful.

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Next up is bill gates. They were cut from the same cloth. "E-waste"

Let me tell you. I am no fan of Linux or Apple as a desktop operating system. Windows is a great operating system for desktop computers, Microsoft is even spending huge amounts of money investing in Linux servers to ensure that it becomes easier to have a windows desktop and a Linux server running. They, therefore, admit they have lost the battle to create excellent servers. Linux won that, but I have to say that Microsoft is shooting itself in the foot over issues such as this. What microsoft need to do is differentiate between software that helps a customer and software that makes microsoft a profit. I am no fan of piracy. So I dont see this as a piracy issue. I see this as microsoft merely debating it rights of distribution over its free products. Why treat the free products the same as the for-profit products? No fan of niggers but in this case they shot themselves in the foot and I can overlook the4 fact the perp was a nigguh

The court merely ruled that nature should decide

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ROLL UP
ROLL UP
12 SHILLING PER VIEWING
WITNESS THE INCREADIBLE SHILL-MAN

The content can be downloaded for free.