California human being Eric Lundgren , an electronic permissive waste enterpriser who produced tens of K of Windows restore disks intend to extend the lifespan of aging computer , lost a federal appeal tourist court case in Miami after it ruled “ he had encroach Microsoft ’s products to the tune of $ 700,000 , ” theWashington Post reportedon Tuesday .
Per the Post , the solicitation court rule Lundgren ’s original prison term of 15 months in prison and a $ 50,000 fine would stay , despite the software being freely useable online and only compatible with valid Windows license :
The appeals court uphold a federal territory judge ’s opinion that the disks made by Eric Lundgren to restore Microsoft operating systems had a value of $ 25 apiece , even though they could be downloaded innocent and could be used only on computers with a valid Microsoft license . The U.S. Court of Appeals for the 11th Circuit initially grant Lundgren an emergency stay of his prison house sentence , shortly before he was to surrender , but then affirmed his original 15 - month sentence and $ 50,000 fine without hearing unwritten argument in a ruling issue April 11 .
All told , the court valued 28,000 restore record he produced at $ 700,000 , despite testimony from computer software expert Glenn Weadock that they were worth essentially zero .
Lundgren is well lie with for his e - thriftlessness recycling efforts ( he built anelectric gondola for $ 13,000out of recycle function that puzzle a top - of - the - line example from Tesla ) . He had planned to sell the disks to mend shop class for 25 cent to each one , believing that it would simplify the mental process for many users who otherwise would not experience confident setting up a fresh install on older calculator .
In February , Lundgren recount theWashington Postthat Microsoft deliberately makes it inconvenient to restore old gadget to a functional state to sell young computer software licenses — and crucially , that because the disks could only be used to restore a data processor that already had a negotiable Windows license , that he consider he was not in violation of the law .
The discs were never sell , per the Post , after customs official seized a shipment in 2012 . alas , in what seems to have been a huge error , the disks had “ labels nearly very to the discs provide by Dell for its computers and had the Windows and Dell logos , ” the Post wrote . As a final result , Lundgren plead shamefaced to two of 21 charge , confederacy and copyright infringement . He told the paper , “ If I had just written ‘ Eric ’s Restore Disc ’ on there , it would have been fine . ”
He added that he believed Microsoft test its hardest to quash him under the “ mistaken pretence ” that selling the saucer was tantamount to software plagiarisation , rather than just making it easier to reinstall a licensed copy of Windows . Microsoft originally claimed the disc were deserving $ 299 , but the court finally valued them at $ 25 each .
Per the Emily Price Post :
“ In gist , I got in the means of Microsoft ’s profits , so they pushed this into Union court on false pretense , ” Lundgren say . He said [ Microsoft programme manager Jonathan McGloin ] “ testified that a free restore atomic number 48 was worth the same cost as a new Windows operating system with a permit . … This was fictive and inaccurate testimony provided by Microsoft in an attempt to set a precedent that will daunt away future recyclers and refurbishers from reusing computing equipment without first paying Microsoft again for another permit . … Anyone successfully start the life cycle of computers or divert these figurer from landfill for reuse in society is fundamentally standing in the way of Microsoft ’s profits . ”
“ I think it was freeware , ” Lundgren tell the Post . “ … The value ’s in the licence . They did n’t understand that . ”
He enjoin the Post prosecutor told him he could have several weeks to get his affairs in order before surrendering for his conviction , “ But I was told if I got gaudy in the medium , they ’d come pick me up . If you want to take my liberty , I ’m going to get loud … I am hold up to prison , and I ’ve accepted it . What I ’m not okay with is people not read why I ’m going to prison . ”
Update 2025-04-22 : In a statement to Gizmodo , a Microsoft representative provided their side of the narrative :
“ Microsoft actively supports sweat to turn to Es - dissipation and has worked with responsible atomic number 99 - recyclers to reprocess more than 11 million kg of e - dissipation since 2006 . Unlike most e - recyclers , Mr. Lundgren sought out counterfeit software which he disguised as licit and sold to other refurbishers . This imitative software expose the great unwashed who purchase recycled PC to malware and other bod of cybercrime , which puts their security at endangerment and ultimately offend the market for recycled products . ”
[ Washington Post / Washington Post via the LA Times ]
Correction : This post in the beginning cited reportage to the LA Times that was in fact a prior Washington Post article by that was reposted on the LA Times ’ website . Both articles were written byTom Jackman , who write aboutcrime and the justice systemfor the Post . We regret the error .
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