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Re:E-waste recycler loses appeal on computer restore disks, ... by JumpCrisscross on Wednesday April 25, 2018 @11:23AM (#16922342)
> you can have a business model that is ethically and morally wrong without getting into jail

Rule of law. You go to jail for breaking the law, not for being unethical or immoral. Societies which forget this distinction fall fast. (Legislation, turning morals and ethics into laws, is the intermediating process your complaint more properly addresses.)

Re:E-waste recycler loses appeal on computer restore disks, ... by natch on Wednesday April 25, 2018 @11:45AM (#16922616)
You're missing the whole crux of the story. The supposed law broken here (none, actually) is based on multiple judges being absolutely clueless about technology and refusing the regard the testimony of an expert witness who was trying to set the first judge straight.
Re:E-waste recycler loses appeal on computer restore disks, ... by JumpCrisscross on Wednesday April 25, 2018 @12:28PM (#16923157)
> The supposed law broken here (none, actually) is based on multiple judges being absolutely clueless about technology

The problem is we criminally charge commercial infringement. The defendant put others' logos on disks he sold. This shouldn't result in jail time, but that's what the law says. The problem isn't the court, it's the law.

Re:E-waste recycler loses appeal on computer restore disks, ... by Cookiesaurusbex on Wednesday April 25, 2018 @12:52PM (#16923469)
> The problem isn't the court, it's the law.

>The judge said he disregarded Weadock’s testimony. “I don’t think anybody in that courtroom understood what a restore disk was,” Lundgren said.

Oh, I think there was a problem with the court.

Re:E-waste recycler loses appeal on computer restore disks, ... by JumpCrisscross on Wednesday April 25, 2018 @12:58PM (#16923538)
> The judge said he disregarded Weadock’s testimony

That testimony seems irrelevant to the charge which resulted in the jail time. Theoretically valueless or not, the discs were sold with an infringing logo. That combination--infringement and commercial intent--is a crime under our laws.

Re:E-waste recycler loses appeal on computer restore disks, ... by kbenson on Wednesday April 25, 2018 @12:21PM (#16923073)
The other thing that makes this story different than most the others you hear about is that there wasn't multiple layers of indirection and middle-management working on vague ideas of what was wanted by their executive management (wink-wink-nudge-nudge).

That's one of the sad truths about life. Those that break the law, or do things seen as unsavory, take pains to hide their actions, motivations, and responsibility. Those attempting to do good that inadvertently break the law don't take those steps because they didn't think they were doing anything wrong, or that if people thought they were they could of course explain away the misunderstanding.

What you're left with is this, where the majority of corporate malfeasance goes unpunished or severely under-punished, but the accidental minor criminal gets jail time. It's definitely a failure of the legal system, but how do you address the fact that those that worry about being caught up in the legal system will be more prepared for if they eventually are?

Re:E-waste recycler loses appeal on computer restore disks, ... by adrr on Wednesday April 25, 2018 @12:19PM (#16923057)
Wells Fargo CEO defrauded millions of people and didn't go to jail.
Re:E-waste recycler loses appeal on computer restore disks, ... by pcwalton on Wednesday April 25, 2018 @12:02PM (#16922844)
Sexual harassment can and does frequently rise to the level of criminal conduct. Dave McClure's behavior, which he will face no legal repercussions for, comes to mind.
Re:E-waste recycler loses appeal on computer restore disks, ... by dgzl on Wednesday April 25, 2018 @11:50AM (#16922680)
Gross negligence with severe dude effects and sexual harassment could easily fall in a criminal category.
Re:E-waste recycler loses appeal on computer restore disks, ... by onli on Wednesday April 25, 2018 @11:34AM (#16922479)
There is no law violated here.
Re:E-waste recycler loses appeal on computer restore disks, ... by DanBC on Wednesday April 25, 2018 @11:40AM (#16922558)
Most copyright jursidictions make a difference for non-commercial copyrigth infringement and commercial copyright infringement. Most of them put commercial copyright infringement in the criminal offence category.
Re:E-waste recycler loses appeal on computer restore disks, ... by balls187 on Wednesday April 25, 2018 @12:15PM (#16923004)
The law violation is akin to being ticketed for jaywalking across an empty road.

The court ignored expert witness testimony that the disks were useless without a valid license and came up with a ludicrous amount.

The defendants belief was that many customers weren't knowledgeable enough to download restore images from the internet. He was selling them to used computer shops so they could provide them to their customers as a courtesy.

He charged $0.25 per disc, and had 28,000. So his total would have been $7k? He eventually sold them for less than $5k. Not any kind of windfall profit.

Given you can download those restore images for free, what exactly was the copy right infringement?

Re:E-waste recycler loses appeal on computer restore disks, ... by DanBC on Wednesday April 25, 2018 @02:38PM (#16924625)
That he's not very good at turning a profit doesn't take away from the fact that he engaged in copyrigth violation as part of business, which tips it into a criminal offence.

I agree that the US system is fucked up when it imprisons people who haven't committed violent crime.

Re:E-waste recycler loses appeal on computer restore disks, ... by JumpCrisscross on Wednesday April 25, 2018 @12:32PM (#16923208)
> The court ignored expert witness testimony

Do we know why? Courts don't throw out testimony for no reason.

In any case, from what I understand the calculation of value principally factors into the fine. The jail time results from the defendant selling disks with others' logos on them.

Re:E-waste recycler loses appeal on computer restore disks, ... by balls187 on Wednesday April 25, 2018 @12:49PM (#16923410)
It wasn't thrown out, the judge ignored it.

Another commentor dug up more detailed information, which intimated that the defendant wouldn't have made $80,000 worth of discs that had no value.

Re:E-waste recycler loses appeal on computer restore disks, ... by JumpCrisscross on Wednesday April 25, 2018 @12:55PM (#16923503)
> the defendant wouldn't have made $80,000 worth of discs that had no value

To be fair, arguing that someone you sold has no value is a bit hare-brained.

All that said, this is a side show. The criminal sentencing resulted, principally, from his using others' logos without permission on a product he sold. The combination of infringement and commerce is apparently something our laws are paranoid about.

Re:E-waste recycler loses appeal on computer restore disks, ... by kosievdmerwe on Wednesday April 25, 2018 @04:49PM (#16925992)
Trademarks are the most important kind of intellectual property law, not for the owners of the trademark, but for the public.

It protects you from shoddy fakes that do stuff like install malware (which other counterfeiters might have tried if the law were more lax on counterfeits) or stuff not following safety guidelines (like fake chargers that burn your house down).

Well enforced trademark law means that you as a buyer can investigate a seller and know what you're getting based on their reputation. And well enforced trademark law means that you as a seller are incentivized to protect your brand by making good/safe products.

EDIT: you can argue copyright or patents are bad, but fundamentally I cannot see the world be a better place without trademark laws in some form.

Re:E-waste recycler loses appeal on computer restore disks, ... by Retric on Wednesday April 25, 2018 @12:38PM (#16923295)
These images where provided by Microsoft for Free and are still available on their website. To use them you need to burn them to disks thus by providing them Microsoft is implicitly giving you that right.

Without a licence which he was not providing they are useless.