|
|
|
|
|
|
by kelnos
2977 days ago
|
|
|
Counterfeit handbags damage the brand either by being made of poor quality materials, or by just being sold cheaply, which undercuts the brand's ability to charge a premium. (Not making a value judgment of these practices; just it is what it is.) Neither of those things is the case here. The discs are near-identical in quality to the discs Dell would have furnished, and (as far as I can tell), Dell essentially gives the discs away for free, only charging more or less for the effort needed to manufacture and ship them. Either way, Dell is certainly not profiting in any meaningful way from these discs, and getting a disc from someone else certainly wouldn't harm Dell's brand. They provide this service as a convenience to the customer, and likely it's actually a cost center. Should he have used Dell's labeling and packaging? No, of course not. That was incredibly stupid. I don't think he did it with any nefarious reason to deceive; likely he just figured that a technically-unsophisticated customer would trust the discs more with the brand name matching the computer (even though a hypothetical disc with his own logo and packaging would be just as safe). A poor decision legally-speaking, definitely, but I don't see how throwing him in jail could ever be anything but an extreme overreaction to the facts at hand. |
|
|
For most crimes we know the penalties don't really act as a deterrent, because people committing them aren't taking any sort of calculated risk - the smackhead burgling a house isn't going "Man, given the sentencing guidelines in this state I should prefer to go for fewer, high end houses" or "Really car theft has a better risk-reward ratio", so sentences for these crimes basically just take criminals off the streets, they're a form of revenge for the victim, and maybe there's a small chance the criminal is reformed if the prison institution is set up to encourage that.
But for crimes like industrial-scale counterfeiting (at one point Lundgren promises his Chinese counterfeiting team will do a better job of copying the next batch of CDs, this isn't one guy with a photocopier and a CD burner, he's hired a factory to make the copies) the actors are really weighing it up so there actually is a deterrent factor. Longer sentences for these crimes actually deter crime.
The court says (and the appeal affirms) if you counterfeit a $1000 handbag, that's $1000 in terms of the guidelines. It doesn't matter that your counterfeit was only sold to end consumers for $500, or that the raw materials cost $80, or that your profits at the back end were only $18 per bag, the sentencing is focused on the price of the thing you knocked off. Official CDs for refurbing XP Pro PCs are... drum roll... $25. The court said "$25 per infringement" and now this counterfeiter has to go to jail for a few months. Works for me.
Don't worry, I'm sure Lundgren will use his fame to launch a "legitimate" electronic waste recycling outfit when he's out, he can do some great interviews about how he's really changed now, and then the tech press can report with "astonishment" in 2-3 years when the waste he's getting paid to have "professionally recycled to the highest standards" is found dumped in a toxic creek in Alabama or whatever.