Earlier this week Eric Lundgren was sentenced to 15 months in prison for selling what Microsoft claimed was “counterfeit software,” but which was in fact only recovery CDs loaded with data anyone can download for free. The company has now put up a blog post setting “the facts” straight, though it’s something of a limited set of those facts.
“We are sharing this information now and responding publicly because we believe both Microsoft’s role in the case and the facts themselves are being misrepresented,” the company wrote. But it carefully avoids the deliberate misconception about software that it promulgated in court.
That misconception, which vastly overstated Lundgren’s crime and led to the sentence he received, is simply to conflate software with a license to operate that software. Without going into details (my original post spells it out at length) it maintained in court that the discs Lundgren was attempting to sell were equivalent to entire licensed…