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by sailingparrot 2976 days ago
> So Microsoft lied to the US government about the value of what was being "stolen", and got the US government to foot the bill of prosecuting the case.

Source for that?

Microsoft is clearly denying this, so who is right?:

> "Microsoft did not bring this case: U.S. Customs referred the case to federal prosecutors after intercepting shipments of counterfeit software imported from China by Mr. Lundgren."

and

> "Customs authorities referred the case to federal prosecutors. The United States Attorney’s Office in Miami pressed charges and Mr. Lundgren pleaded guilty. Microsoft was called as an expert witness toward the end of the legal proceedings. "

From: https://blogs.microsoft.com/on-the-issues/2018/04/27/the-fac...

1 comments

Source that Microsoft lied? Gov Exhibit 17. There are probably many more.

There are about three or four lies on there, which anybody familiar with the computer recycling business can confirm.

Microsoft had no potential sales of genuine operating systems through this conduct because any license these discs would have been useful for was affixed to the computer and not included with the counterfeit discs. Hence, the loss and restitution amount were falsely stated.

As to the fanciful notion that Microsoft was somehow called in at the 11th hour, with zero involvement in the case prior to that moment, one would only need to talk to any attorney versed in criminal law to disabuse themselves of it.

Prosecutors don't bring cases they aren't relatively certain they can win- that's why they have a 93+% win rate. That means contacting the "victim" from the get-go to make sure they're willing to cooperate and testify.

Source that Microsoft lied? Gov Exhibit 17. There are probably many more.

I'm not finding this via Google searches... What incantation should I use?

Which parts of the exhibit are you referring to?

[edit: I did find this, which is from the defense. The defense doesn't claim that Microsoft stated that the value of each restore disk was $25.

"The Government provided no proof of the price at which the Microsoft software was sold in any market without a license or product key. Indeed, the Court had no proof that Windows software was ever sold in any market at any price without a license or product key. Thus, the Court had no basis to determine the retail value of the infringed item, i.e., the Microsoft software without a license or product key. With no proof of the retail value of the infringed item, the Court was left to assume that the Windows software without a license and product key had the exact same retail value as an installation disc with Windows software, a license, and a product key sold to refurbishers. In concluding that the infringement value of the software was $25 - the price charged to refurbishers for an installation disc with copy of the Windows software together with a license and a product key – the Court apparently did so." https://resource-recycling.com/e-scrap/wp-content/uploads/si... ]

There are about three or four lies on there, which anybody familiar with the computer recycling business can confirm.

For those of us who aren't familiar with the computer recycling business (myself included) could you confirm them?

The rest of your comment is speculation.