Not at all. In this case he hadn't sold anything. They should have approached him and explained why he couldn't do what he was doing. Then gave him a remediation option, like destroying the discs, and dropping the matter.

I'm also not convinced something like this didn't happened. All of his exposing about Microsoft double dipping and the whole system being designed to scam people out of money makes me suspicious of his true motivations.

Microsoft stepped forward and corrected Federal Prosecutors who initially sought $299 per violation. They stated that they sold refurbishers licenses for $25 and the discs had at most a $20 value.

Lundgren was convicted of counterfeiting and copyright violation, not piracy and is even quoted as saying if he'd labeled the discs differently this would have never happened. I'm curious if that statement was based on what he ultimately got convicted of or something else?