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by cptskippy 2980 days ago
> You can't just use a windows restore disk to get a new windows installation. When installed, it will ask you for your license key, and will not function fully until you have done so.

The restore discs usually don't prompt for a key. It's either stored on a recovery partition on your disk, in the bios, or hardcoded in the disc media.

It doesn't say how his disc worked but at a minimum he was still acting as an unlicensed distributor. Microsoft grants end users the right to download and create media. It requires distributors to be licensed.
1 comments
defen 2980 days ago
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.
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cptskippy 2980 days ago
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.

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defen 2980 days ago
> 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?

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cptskippy 2980 days ago
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.

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