[otakucode]

Exhibit 17 does not contain any claim by Microsoft that the recovery discs were worth $20. I just re-checked it to see. They said, as is the case, that the closest item they sell is the software with the license. The court determined the license to be irrelevant (they are wrong about that of course but that changes nothing about what Microsoft claimed).

Also, no, it does not invalidate any other statement as the other statements were not about Microsofts claims about the value of the discs. Even if I was completely and totally wrong on that point, it would not have the slightest relevance to any other claim or point not based on that point. That's just not how argument works. A person can say a wrong thing and then a right thing and the wrong one doesn't invalidate the other.

Lundgren has no intention to continue the appeals process. He claims that his counsel tells him that it wouldn't be fruitful. I personally think he could win an appeal insofar as his sentencing goes, but it would not change his sentencing much at all. He certainly wouldn't be walking free after having engaged in conspiracy and trafficking in counterfeit goods. The sentence he received was already below the recommended guideline the court follows derived from the value of the counterfeited goods.