e-waste

[Pierre]

Microsoft defends conviction of e-waste recycler over piracy:
https://au.finance.yahoo.com/news/micro ... 00552.html

and

An e-waste recycler is going to jail for ‘pirating’ Windows:
https://www.engadget.com/2018/04/25/eri ... microsoft/

The 33-year-old man is the founder of the first electronic hybrid recycling facility in the United States, which uses old mobile phones, computers and other electronics to build new devices. He's long been an advocate of recycling electronics, and now he's going to jail for it.

the real issue was that he decided to begin manufacturing restore CDs,
- that could be sold to computer repair shops for a quarter each.

[michael louwe]

In essence, M$ is stopping good people from helping computer dummies who buy refurbished computers from being able to restore/recover their Win 7/XP Pro, eg after a buggy Windows update, virus infection or hard-drive failure = the computer dummies may be forced to send their computers for costly repairs or buy new OEM Win 10 computers.

Refurbishers buy hundreds of used OEM Win XP/7 Pro computers from companies when the companies upgrade their systems from Win XP to Win 7 or from Win 7 to Win 10. Unfortunately, most of these used computers do not have their original OEM Win XP/7 Pro Recovery/Reinstall DVDs with them, that had been provided by the OEMs for free when newly purchased. But these computers still have their original OEM Win XP/7 Pro Product Key or COA stickers attached, which are needed for re-activation of the Windows license after a Recovery/Reinstall.
....... Computer dummies do not know how to create their own OEM Win XP/7 Pro Recovery/Reinstall DVDs/USBs, which is a legal and free process. Eric Lundgren was just trying to help computer dummies who buy refurbished OEM Win XP/7 Pro computers and charging a service fee for the Recovery/Reinstall DVDs.

The OEMs stopped providing free Recovery/Reinstall DVDs together with their new Win 8.x/10 computers from 2012 onwards. Instead, they just provided an OEM Recovery Partition(= about 12GB in size) on the internal hard-drive. Buyers are supposed to create their own OEM Recovery/Reinstall USB-key with the OEM Recovery Partition, asap. Win 8.x/10 also have their own Windows Recovery Partition to do the same.
....... Many computer dummies do not know this. So, when their OEM Win 8.x/10 computers go kaput, they may be forced to send their computers for costly repairs or buy new computers.

[BenTrabetere]

the real issue was that he decided to begin manufacturing restore CDs, - that could be sold to computer repair shops for a quarter each.

He got pinched for distributing counterfeit goods ... goods he had manufactured. The real issue is his CDs looked identical to the official ones from MS and Dell, and included the barcodes and copyright notices. The problem isn't what was burned to the disc, but what was printed on the disc. This was not an unfortunate accident; it was a deliberate attempt to make his discs look legitimate. That was a huge mistake. He could have avoided his problems by labeling the discs with something like "Lundgren's Computer Restore Disc"; instead, he chose to produce something that looked like the real thing.

I have no doubt his heart was in the right place, but his head was.... He should have known better.

[sdibaja]

We need to respect the property of others.

You don't have to agree with the copyright laws, but they exist.

he was very blatant, flamboyant even. picking a fight?

[KBD47]

Too bad the guy did not make thousands of Linux Mint CDs to distribute.

[michael louwe]

@ BenTrabetere, .......

.

.
Yes, you are correct. But M$ "lied" in court that each of the OEM Win XP/7 Pro Recovery/Reinstall DVDs made by Eric Lundgren has a Refurbisher/Reseller license value of US$25, whereas the truth is the Recovery/Reinstall DVDs do not have any license value and cost US$0 each, except for the cost of buying the empty DVDs. That was why the judges sentenced Eric Lundgren to 15 months in prison.
....... I believe the US$25 refers to how much M$ charges Resellers for each OEM Win XP/7 Home or Pro licenses that comes together with a Product Key and/or Recovery/Reinstall DVD. Eg http://www.ebay.com/bhp/windows-7-professional-oem

[michael louwe]

Too bad the guy did not make thousands of Linux Mint CDs to distribute.

.
Yes, the refurbishers should also install Linux Mint on the used OEM Win XP/7 Pro computers.

[KBD47]

Yes, the refurbishers should also install Linux Mint on the used OEM Win XP/7 Pro computers.

It is sort of shocking that Linux still seems like a well kept secret after all this time. 99% of laptop/desktop users could not only get along fine running Linux Mint in place of Windows, many would not even notice the difference. The Browser has become the primary tool for computing, so installing Linux and their favorite browser would satisfy their needs while giving them more security and privacy.

[michael louwe]

https://techcrunch.com/2018/04/27/micro ... ting-case/

From the above link, the US$25 loss for each "counterfeited" DVD mentioned by M$ was a "LIE" because M$'s Registered Refurbisher Program issues new OEM Windows Volume Licenses that come with new OEM COA or Product Keys, eg ... https://www.arnnet.com.au/article/60936 ... ight-case/
....... Eric Lundgren's self-made OEM Win XP/7 Pro Recovery/Reinstall DVDs did not come with new counterfeit OEM COA or Product Keys since refurbished computers already have their original OEM COA/Product Key stickers attached.

If the refurbishers decide to upgrade the refurbished computers from the original OEM Win XP/7 Pro to OEM Win 8.1/10 Home or Pro, then they would need to buy new OEM Volume Licenses from M$ or her distributors at about US$30-$50 each.
....... The refurbishers may also need to source for new OEM Win 8.1/10 Home or Pro Recovery/Reinstall DVDs. People like Eric Lundgren fulfill this e-waste demand.

[Pierre]

the thing is, that my "new PC" came from a Microsoft Authorised Refurbisher Program (MAR),,
& based over there in Sydney - - GraysOnline - - which is a Licensed Auction House

this "new 64 bit desktop" is my first, ever 64 bit machine,
and it came with a Brown Sticker, containing the ProductKey,
& where the original & still attached Silver Sticker, had it's ProductKey Blacked Out by some Indelible Pen.

[michael louwe]

@ Pierre, .......

.

.
The Australian court case was referring to a refurbisher misusing cheaper OEM Windows Volume Licenses(= COA/Product Keys) from the MAR Program for brand new computers, ie not for refurbished computers.

Today, if refurbishers buy used and no-longer-supported OEM Win XP Pro computers from companies, they will likely need to refurbish and upgrade them to Win 8.1/10 Home or Pro, in order to attract buyers. If so, the refurbishers will need to join the MAR Program to buy new OEM Win 8.1/10 Home or Pro Volume License COA/PK. In the case of Win 8.1/10, OEM Recovery/Reinstall DVDs will not need to be provided by the refurbishers.
....... The above might have applied in your case, ie the refurbisher cancelled the OEM Win XP or Win Vista COA/Product Key on the refurbished computer and bought you a new OEM Win 7/8.1/10 COA/PK.

In the 2011-2012 case of Eric Lundgren, used and refurbished OEM Win XP/7 Pro computers were then still supported = the refurbishers did not need to buy any new OEM Win XP/7 Pro Volume Licenses COA/PK.

Come 2020, there will be millions of used OEM Win 7 Pro computers entering the refurbishing market. Wonder what will the refurbishers do.?

[chiefjim]

Come 2020, there will be millions of used OEM Win 7 Pro computers entering the refurbishing market. Wonder what will the refurbishers do.?

Feels like Déjà vu. Years back I enjoyed taking older M$ systems in, wiping the drives clean of crud, then reinstalling either the same or updated version of Windows. Product activation progressively made this more challenging. Really got my goat when a "mother may I" call had to be made because I'd replaced a component or two on my very own system.

Soon afterwards I discovered the world of Linux and haven't looked back since.

[jimallyn]

Microsoft defends conviction of e-waste recycler over piracy

Microsoft is defending the indefensible. Microsoft lied about the value of the CDs, and Mr. Lundgren should not be in jail.

It is sort of shocking that Linux still seems like a well kept secret after all this time. 99% of laptop/desktop users could not only get along fine running Linux Mint in place of Windows, many would not even notice the difference.

Actually, they would notice the difference: Linux is better than Windows. People around them would notice the difference, too: when I installed Mint on my brother's computer, his wife thanked me because "Now I don't have to listen to Dave yell at the computer anymore."

[jimbobs]

We need to respect the property of others.

You don't have to agree with the copyright laws, but they exist.

he was very blatant, flamboyant even. picking a fight?

He wasn't breaking any copyright laws. MS and the "authorities" decided he was either because they were too stupid to understand what he was trying to do, or, saw an opportunity to make some $$$.

[sdibaja]

We need to respect the property of others.

You don't have to agree with the copyright laws, but they exist.

he was very blatant, flamboyant even. picking a fight?

He wasn't breaking any copyright laws. MS and the "authorities" decided he was either because they were too stupid to understand what he was trying to do, or, saw an opportunity to make some $$$.

Apparently he expected a different result.
What was the actual judgement?
All I found are editorial opinions.

[jimbobs]

Article from February ...

https://www.washingtonpost.com/news/tru ... dc70c92fb2

"Lundgren claims that the assistant U.S. attorney on the case told him, “Microsoft wants your head on a platter and I’m going to give it to them.”"

[BenTrabetere]

He wasn't breaking any copyright laws.

Lundgren was facing a total of 21 charges - he plead guilty to two: conspiracy and copyright infringement.

US Customs officials pounced because he was peddling counterfeit goods. He had a restore disc manufactured that was intentionally designed to look like the official restore disc from MS and Dell. It was a blatant knockoff, and he got a well deserved beat down for his efforts.

MS and the "authorities" decided....

MS is incidental to the case. US Customs officials brought the case, and would have and could have proceeded without MS.

they were too stupid to understand what he was trying to do,

What he was trying to do is irrelevant. They were smart enough to notice what he actually did.

or, saw an opportunity to make some $$$.

It was a $50,000 fine. MS will not receive anything from that fine, but if it received the entire amount it would barely qualify as a rounding error on its daily ledger.

[michael louwe]

@ BenTrabetere, .......

MS is incidental to the case. US Customs officials brought the case, and would have and could have proceeded without MS.

.
https://torrentfreak.com/microsoft-sued ... id-120621/ (dated 2013)

One of the largest insurance companies in Guatemala has sued Microsoft over an unwarranted and extortion-like anti-piracy raid. With the help of local law enforcement Microsoft allegedly demanded an on the spot payment of $70,000 for the use of pirated software or the alternative of confiscating all of the company's computers. These types of raids are not isolated incidents in the software industry. Just last week the BSA and Microsoft lost a similar case in which the court described their raids as "deceptive."

.
https://torrentfreak.com/microsoft-deni ... re-180416/ (dated 2018)

Last year the Rhode Island-based company Hanna Instruments accused Microsoft and the Software Alliance of trying to extort money via baseless piracy claims. .......
Adding some extra pressure, BSA also warned that Microsoft could get a court order that would allow U.S. marshals to raid the company’s premises.

[sdibaja]

Perspective: US Customs is the enforcement arm of Big Business. Taxpayer paid private cops.
Woke

[jimbobs]

He wasn't breaking any copyright laws.

Lundgren was facing a total of 21 charges - he plead guilty to two: conspiracy and copyright infringement.

US Customs officials pounced because he was peddling counterfeit goods. He had a restore disc manufactured that was intentionally designed to look like the official restore disc from MS and Dell. It was a blatant knockoff, and he got a well deserved beat down for his efforts.

MS and the "authorities" decided....

MS is incidental to the case. US Customs officials brought the case, and would have and could have proceeded without MS.

they were too stupid to understand what he was trying to do,

What he was trying to do is irrelevant. They were smart enough to notice what he actually did.

or, saw an opportunity to make some $$$.

It was a $50,000 fine. MS will not receive anything from that fine, but if it received the entire amount it would barely qualify as a rounding error on its daily ledger.

Written by somebody that seems to believe the law is "good" rather than the tool of corporate America that it is!