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The record before us in the motion for leave to appeal contains unrebutted evidence, in the form of affidavits from eminent primatologists, that chimpanzees have advanced cognitive abilities, including being able to remember the past and plan for thefuture, the capacities of self-awareness and self-control, and the ability to communicate through sign language.

Chimpanzees make tools to catch insects; they recognize themselves in mirrors, photographs, and television images; they imitate others; they exhibit compassion and depression when a community member dies; they even display a sense of humor. Moreover, the amici philosophers with expertise in animal ethics and related areas draw our attention to recent evidence that chimpanzees demonstrate autonomy by selfinitiating intentional, adequately informed actions, free of controlling influences (see Tom L. Beauchamp, Victoria Wobber, Autonomy in chimpanzees, 35 Theoretical Medicine and Bioethics 117 [2014]; see generally Jane Goodall, The Chimpanzees of Gombe: Patterns of Behavior 15-42 [1986]). …

The reliance on a paradigm that determines entitlement to a court decision based on whether the party is considered a “person” or relegated to the category of a “thing” amounts to a refusal to confront a manifest injustice. Whether a being has the right to seek freedom from confinement through the writ of habeas corpus should not be treated as a simple either/or proposition. The evolving nature of life makes clear that chimpanzees and humans exist on a continuum of living beings. Chimpanzees share at least 96% of their DNA with humans. They are autonomous, intelligent creatures. To solve this dilemma, we have to recognize its complexity and confront it. …

The issue whether a nonhuman animal has a fundamental right to liberty protected by the writ of habeas corpus is profound and far-reaching. It speaks to our relationship with all the life around us. Ultimately, we will not be able to ignore it. While it may be arguable that a chimpanzee is not a “person,” there is no doubt that it is not merely a thing.

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In a sickening concession to bad copyright law and Microsoft’s bottom line over basic technical truths and common sense, Eric Lundgren will spend 15 months in prison for selling discs that let people reinstall Windows on licensed machines. A federal appeals court this week upheld the sentence handed down in ignorance by a Florida district judge, for a crime the man never committed.

Now, to be clear, Lundgren did commit a crime, and admitted as much — but not the crime he was convicted for, the crime Microsoft alleges he did, the crime that carries a year-plus prison term. Here’s what happened.

In 2012 feds seized a shipment of discs, which they determined were counterfeit copies of Windows, heading to the U.S., where they were to be sold to retailers by Lundgren. U.S. Prosecutors, backed by Microsoft’s experts, put him on the hook for about $8.3 million — the retail price of Windows multiplied by the number of discs seized.

The only problem with that was that these weren’t counterfeit copies of Windows, and they were worth almost nothing. The confusion is understandable — here’s why.

When you buy a computer, baked into the cost of that computer is usually a license for the software on it — for instance, Windows. And included with that computer is often a disc that, should you have to reinstall that OS for whatever reason (virus infection, general slowdown), allows you to do so. This installation only works, of course, if you feed it your license key, which you’ll probably find on a sticker attached to your computer, its “Certificate of Authenticity.”

But what if you lose that disc? Fortunately, all those years Microsoft itself provided disc images, files that you could use to burn a new copy of the disc at no cost. Look, you can still do it , and you used to be able to get one without a license key. In fact that’s how many Windows installs were created — buy a license key directly from Microsoft or some reseller, then download and burn the install disc yourself.

Of course, if you don’t have a DVD burner (remember, this was a while back — these days you’d use a USB drive), you’d have to get one from a friend who has one, a licensed refurbisher, or your manufacturer (for instance, Dell or Lenovo) for a fee.

This option is still available, and very handy — I’ve used it many times.

What Lundgren did was have thousands of these recovery discs printed so that repair and refurbishing shops could sell them for cheap to anyone who can’t make their own. No need to go call Alienware customer service, just go to a computer store and grab a disc for a couple bucks.

Lundgren, by the way, is not some scammer looking to fleece a few people and make a quick buck. He has been a major figure on the e-waste scene, working to minimize the toxic wages of planned obsolescence and running a company of 100 to responsibly refurbish or recycle old computers and other devices.

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