[tripletao]

> Microsoft did claim they were worth $20, according to Gov. Exhibit 17. Most of your argument is thus false.

Microsoft thinks that the OEM license disappears if the original install media (CD or recovery partition) are lost. Your options at that point are to either (a) get a new OEM CD from the manufacturer, in which case the original license becomes valid again, or (b) buy a new license, for $20. I don't know enough about how Windows is licensed to say whether that's legally correct, but it's Microsoft's position.

Assuming that's correct, his customers thought they had a compliant license, because they thought they'd bought (a). They actually didn't, because the CD--even though it was bit-for-bit identical to the authentic one--had the wrong provenance. If his fake OEM CDs didn't exist, and the real OEM CDs weren't available either (which is apparently the case), then the customer's next best option would have been to buy a new license. Microsoft is claiming not that each of his disks was worth $20, but that each disk cost Microsoft $20 in revenue, because everyone who bought his fake OEM disk would have bought a real $20 license instead.

I still think the sentence is disproportionate and stupid, and the convoluted legal situation of Microsoft's own making seems to me like a good reason to depart from the sentencing guidelines (which already seem high to me). I'm not sure the $20 is as wrong as the article makes out.

[syshum]

> (b) buy a new license, for $20

There is no way for a consumer, buy a new license for $20. Their is program for Register Referbishers that allows a MRR to get a replacement COA, Create Restore Media, etc for $25. (note this is NOT a new license, in order to quality for this the PC has to have a OEM License) and requires a 14 page contract with MS that has all kinds of conditions and requirements on the person

https://www.msregrefurb.com/RRPSite/Templates/RR_ProgramAgre...

>Assuming that's correct,

I believe this to be a false assumption on your part. The License does not magically disappear if the Restore CD was lost, especially given the fact that I am not aware of any system on the market today that actually comes with a physical Restore CD anymore

[tripletao]

> There is no way for a consumer, buy a new license for $20. That is program for Register Referbishers, and requires a 14 page contract with MS that has all kinds of conditions and requirements on the person

I think Microsoft is alleging that his CDs are designed for refurbishers who think they're getting the authentic OEM disk.

> I believe this to be a false assumption on your part. The License does not magically disappear if the Restore CD was lost, especially given the fact that I am not aware of any system on the market today that actually comes with a physical Restore CD anymore

I don't know the law well enough to comment, but Microsoft thinks it does:

> A new Windows license is not required for a refurbished PC that has:

> 1. The original Certificate of Authenticity (COA) for a Windows operating system affixed to the PC, and

> 2. The original recovery media or hard-disk based recovery image associated with the PC.

[...]

> A new Windows license is required for a refurbished PC if:

> 1. The refurbisher did not obtain the original recovery media along with the system to be refurbished or

> 2. The PC does not have a hard-disk based recovery image

https://www.msregrefurb.com/RRPSite/Information/LicensingGui...

So is Microsoft misinterpreting its own contracts? Is this in the contract with Microsoft refurbishers, but not Windows licensees in general? Is the contract unenforceable? Something else? This is the point where I need a lawyer...