Business Software Alliance "Grace Period" 490
The BSA is running (until January 31) a "Grace Period" for "voluntary compliance" in the cities of San Francisco/Oakland/San Jose, Houston,Norfolk/Richmond, Nashville, Indianapolis, Bozeman, and Orlando. Small businesses recieve a card in the mail, having been assigned a tracking number, so you know you're in their files. In previous press releases they state that they send out up to 700,000 of these cards simultaneously. Scanning their reported settlement victories, they then seem to pick 2-4 business to destroy. If the businesses don't go along, the BSA hires the Federal Marshals as mercenaries to help ensure compliance with their extortion. Microsoft, unsurprisngly, is a big supporter of this and pushes it to vendors as a chance to strengthen customer relations. (this is a powerpoint document, but thankfully you can also have it: translated via google). CD: Here is a link to the press release on this matter.
BSA (Score:5, Funny)
Am I the only sleep-deprived person who read the front page blurb thinking that the Boy Scouts of America would be sending storm troopers into the homes of 700,000 random citizens?
Guten Morgen! Ve are from ze Boy Scouts, und ve must this home search! After we have zis done, ve vill force you...to tie knots!
Re:BSA (Score:2)
Re:BSA (Score:4, Interesting)
Couple of notes. According to the Federal Marshals office. They aren't going to coperate unless proper court orders are issued. According to my local police department... call us and we'll boot there Nazi asses outa town. (can't say what dept it is since it's an off the record quote.) Oh and by the way BSA is a trademark of the Boy Scouts of America.... seems that they are violating Trademark and Copyright laws themselves.
Re:BSA (Score:3, Informative)
Doing a search for BSA at the US Patent & Trademark Office [uspto.gov] yielded 64 trademarks with BSA in it, including this BSA, the Boy Scouts, & others.
Copyrights only protect a specific document. So if you write an article about the BSA (acknowledging their trademark of course) the article's copyright belongs to you. Just look at the bottom of each page on
Re:BSA (Score:2)
Unless you get a thrill out of being a lackey of trademark lawyers, you have no obligation to acknowledge their trademark in any way when you're simply writing an article about them. Have you ever seen a trademark indicated in a newspaper article?
How is it "extortion" to enforce the law? (Score:5, Insightful)
Why do people think that illegally copying software is a right? If you don't want to pay for software, use open-source software instead. Isn't that why we're all here -- to promote open source software solutions? Why are we hell bent on also trying to legitamize bootlegged software, when doing so does nothing but make "free software advocates" look like a bunch of freeloaders?
I wish people would understand that free software is exactly the opposite of freeloading -- it's giving your work away for the public good. Articles like this one put me in the same group of people that are on the side of the illegal theft of intellectual property that someone has chosen not to make public. It's someone else's right to ask me to pay for software, just as it's my right to give it away for free.
Go write free software. Go use free software. Go evangelize free software. But please, don't be so fucking petty as to complain about someone enforcing the fact that their software isn't free.
Re:How is it "extortion" to enforce the law? (Score:5, Insightful)
forced audit? (Score:2)
Re:forced audit? (Score:5, Insightful)
I'm speaking here as someone who, a couple years ago, was working in the IS department of a company which was hit by one of these threatening letters.
Generally, they instruct the target company to run their auditing software to "prove" that they are in compliance with all software licenses on site. Such letters of instruction usually include a threat of legal action if the company does not comply. The threat is their standard operating procedure - it doesn't matter if you are 100% legal.
Since most companies would rather not pay to defend against a frivolous lawsuit, or risk an oversight of some software than Joe Employee may have installed, they end up performing the audit. The BSA doesn't offer any compensation for IS hours lost due to this audit.
They also arrange penalties for any discovered "violations". Some of these can quickly get out of hand. For example, in my case, a copy of WordPerfect 5.1 (yes, in 1997!) was lying around on a Netware server which 350 people had access to. Nobody even knew it was there. Guess how many times that violation stacked up, even though no one was using the software.
Although Slashdot's writeup sounds biased, it really IS extortion taking place.
- SEAL
Re:How is it "extortion" to enforce the law? (Score:2)
Yes that is a perfect example of extortion. Non-extortion would be to uphold the law which means an unconditional arrest.
Re:How is it "extortion" to enforce the law? (Score:5, Insightful)
Situation 1 - The police come to your house with a warrant, because you are a suspect in a crime, and they follow rules of search and seizure as mandated by the constitution.
Situation 2 - Someone from a non-profit organization that you've never heard of (which happens to be a front for a certain Software Company, which has been found in a court of law to illegally maintain its monopoly on the software industry) comes to your house and demands to see what you have installed on your computer.
The first situation is called "enforcing the law". I don't know what you would call the second situation, but under some circumstances it might be "extortion".
Re:How is it "extortion" to enforce the law? (Score:2)
Yeah, once in a while they do bother to actually bust a company (usually based on inside information from a disgruntled (ex-)employee), but that's not nearly as cost-effective for them. Much cheaper to send out a few form letters and buy a few radio/TV spots than to mount a real investigation, and the financial results are better.
Re:How is it "extortion" to enforce the law? (Score:2)
Re:How is it "extortion" to enforce the law? (Score:3, Funny)
-sam
Enforcement SOP (Score:3, Interesting)
BTW, federal marshals are basically the "U.S. police force", as opposed to state police or local police. They're usually attached to the FBI office in the area in which they work.
Virg
Re:How is it "extortion" to enforce the law? (Score:2)
But going to every house and saying this, which is a far better analogy of what the BSA is doing, most certainly would be.
Re:How is it "extortion" to enforce the law? (Score:4, Insightful)
Why do trolls (BSA included) assume we've been stealing software?
HTH. HAND.
Re:How is it "extortion" to enforce the law? (Score:5, Insightful)
"We think you have stolen merchandise in your home. We're going to search it, and if you don't have a receipt for everything here, we're going to assume it's stolen, so you'll have to pay for it again, plus pay penalties. And remember, the proof is on you."
Re:How is it "extortion" to enforce the law? (Score:3, Insightful)
"We think you have stolen merchandise in your home. You're going to hire or pay people to generate a list of all of the items in your home, and if you don't have a receipt for everything here, we're going to assume it's stolen, so you'll have to pay for it again, plus pay penalties. We won't compensate you for the search."
Ever hear of Probable Cause? (Score:4, Interesting)
Actually, if the police bust down my door without a warrent, or with an illegally obtained one, it *is* illegal.
Let's say $50,000 has been stolen by someone in the city of, say, Orlando. The police most certainly cannot knock down doors of every house in Orlando without a warrant. If they do, the evidence is illegally obtained, and inadmissable in a court of law.
If they BSA were to show up at my door, I can first tell them to piss off, as they are a private organization with no law enforcement powers. Next they come back with a warrant, and get in, and find an illegally copy of FooBar 1.0. If our legal system actually worked, I could challenge the legality of the warrant on Probable Cause grounds, arguing that they had no reason to believe that I had illegal copies, thus making the search illegal, and the evidence inadmissable. (Refusing entry to your private space to someone without a warrant is not grounds for Probabale Cause either).
Unfortunately, I believe in some civil cases (which copyright infingment is) illegally obtained evidence can be admitted. So, they'd be able to sue me based on evidence concidered illegal in a criminal court.
Extortion? Maybe not. Flying in the face of at least the spirit of due process and the Constitution? Most definitly.
Where are they getting tips from (Score:5, Informative)
Re:Where are they getting tips from (Score:5, Funny)
Re:Where are they getting tips from (Score:3, Informative)
form they have for reporting piracy? There's a little section on it that you can check- "I believe that this company would
attempt to eliminate the pirated software if they were informed beforehand," or something like that. Check that off, and then sue
them when they bust in and steal all your Linux boxen, depriving you of work.
I am not a lawyer, but that sounds a little like entrapment.
Re:Where are they getting tips from (Score:2)
Similar story here. We got one of their letters a year or so ago. Small family business, non-existant for the last few years. I can't imagine what obsolete list they were using.
Well, at least it was good for a chuckle before permanent storage in the circular file for future reference.
-
Re:Where are they getting tips from (Score:3, Informative)
My dad's company was targeted by this about a year ago. They think it was an employee that left a little before that, but I wonder about that now, because the guy they suspect was always trying to bring pirated and "student" versions of software to work, and the company kept trying to stop him. Their lawyer finally sent the BSA a letter demanding certain things, proof of pirating being the key thing, and they still haven't heard back from them in 9 months. It seems they shut the hell up if you try to stand up to them.
Re:Where are they getting tips from (Score:3, Informative)
The radio spot said something to the effect that the BSA gets most of its tips from former or current disgruntled employees. Then went on to add, If your company has no former or current disgruntled employees, you can disregard this announcement. Otherwise, contact blah blah blah during this grace period. The BSA *will* be returning to the Chicago area later this year to follow up on all anonymous tips it receives, and you can save yourself and your company big headaches by making sure you are in compliance *now*!
Man, that sounded really out of line. It is one thing to try to get companies to pay for all the software it uses, yet another to use tactics like these.
Re:Where are they getting tips from (Score:3)
You do need to be careful with your strategy, though. I don't know what the exact position is in the US, but bear in mind that where they can, the BSA have whichever local law they bring in with them *confiscate* your computers as "evidence". How long it's going to take you to get them back I leave as an exercise to the reader. How long your business will stay afloat without your computers ditto.
Re:Where are they getting tips from (Score:2, Funny)
You don't have a registered WindowsXX (Office, etc.) license?
=> You are obviously a pirate!
The logic is quite simple. (and scary)
Re:Where are they getting tips from (Score:3, Funny)
- Get an old POS computer and monitor.
- Install Linux, including X.
- On a buddy's Windows machine, make a bitmap of the whole screen, with several MS applications prominently featured.
- On the POS Linux box, run X with no window manager and don't run any applications.
- Set that bitmap as the background on your POS Linux box.
Let the marshals confiscate that box, while they pass by your own, super-leet computer that doesn't even look like a computer.Re:Where are they getting tips from (Score:2)
The BSA is just an incompetent bunch of tie-wearing thugs. They handle M$ and others' dirty work every once in a while, just to scare the others.
They don't own any software, they don't have any licensing contracts with you, and they don't give you a plushie if you're compliant. Bottom line : they have no legal right to enter your premises, even less so to futz around on your PCs and collect data. Time to load that shotgun!
so what exactly is this? (Score:3, Interesting)
Re:so what exactly is this? (Score:2)
Tone excuses illegal copying (Score:5, Insightful)
Or in other words making people pay what they agreed to pay when they started using the software. Its not like they didn't have a choice.
Emotive words like "mercenaries" and "extortion" don't help, any more than words like "piracy" and "software theft".
Meantime this is an excellent time to stop preaching to the choir and start telling those businesses about open source software. Issue press releases. Get interviewed by radio and TV.
Paul.
Re:Tone excuses illegal copying (Score:2, Insightful)
That doesn't mean these guys can just walk in and raid your office however they see fit. I don't let the cops in without a warrant, so I wouldn't let the BSA in without a cop AND a warrant. They have no reasonable proof that I _MAY_ be using unlicensed software, so in theory they _SHOULD_ have no way of getting a search warrant. Anonymous tips on their web site don't count as 'reasonable proof', because no one can be held accountable. What they are doing is cooperative fraud, teaming with the megawhores of software. If at least they stood up for the small guys (like all the cheap fucks who used cracks and keygens on my old doorgames), then maybe I could find some sympathy for their extortionary tactics, but they don't and I won't.
On warrants. (Score:3, Interesting)
But technically, if a private citizen (not a cop, I mean) showed up with a warrant, you'd have to let him exercise it, just as if he were a cop.
I know of one person anyway (This was in Calgary, Alberta, Canada) who, years ago when his credit card was being used fraudulently to look at porn, and he tracked it back to a local ISP... he went to the cops. The cops said "We don't really have any idea how to proceed.. sorry, nothing we can do (this was years ago)"
So.. he went to the courthouse, went to a Justice of the Peace, and filed for a search warrant. The Justice said "I don't think I can do that sir (it had never come up before)". The guy cited relevant sections of the law, and the judge politely asked for some time to review it.
The next day, he had a search warrant, to search the logs of the ISP in question to find out who the user was.
Now.. not wanting to piss anyone off, like the cops, he then took the warrant to THEM, and again requested their assistance, as he already had a warrant. They sent a couple guys with him, no problem.
What you say about proof is absolutely what the problem is. It's like the police sending letters to everyone saying "Please prove there is nothing illegal going on in your house", and then getting warrants for everyone who doesn't respond properly.
The radio ads are deceptive... (Score:2, Interesting)
Hrmm... (Score:2)
If they can do this, shouldn't we ask that they be held liable for faulty products?
{I know that software isn't perfect, but they believe their data is worth that price... what do you get when they are responsible for losing yours?}
Guilty until proven innocent? (Score:4, Insightful)
Do these BSA guys realise what they are doing? Scaring off their customers? Being extremely arrogant and intrusive? What about that old adage of your customer being the king?
I guess _this_ is one of the best reasons for switching away from vendors that are members of the BSA: None of those license troubles with free software. None of those expensive audits to do (is that included in those MS TCO calculations?). None of those guilt assumptions. No insecurity.
Go BSA! (Score:5, Interesting)
Do these BSA guys realise what they are doing? Scaring off their customers? Being extremely arrogant and intrusive? What about that old adage of your customer being the king?
I guess _this_ is one of the best reasons for switching away from vendors that are members of the BSA: None of those license troubles with free software. None of those expensive audits to do (is that included in those MS TCO calculations?). None of those guilt assumptions. No insecurity.
I think one of the main reasons free software hasn't caught on is that most people get their software (beer-)free anyway, whether it's supposed to be free or not. After all, why install and learn, say, Mandrake+KDE+KOffice when you can just install someone else's copies of NT and MSOffice and not have to learn anything new?
So as a free/open-source supporter, I'm all in favor of the BSA cracking down on copyright violators. If they make sure everyone pays full price for their proprietary software, people will start giving serious consideration to the truly free alternatives.
TheFrood
Monopolies Don't Need Customer Service (Score:2)
Who else does audits? The IRS. And when was the last time you heard anyone preaching their love of the IRS?
But with the IRS, you have no choice. You must pay your taxes, and they'll do what they have to get them, public relations be dammed.
Monopolies don't have to worry about customer service. Where else are you going to go?
Now hand over the money, slave.
DG
Re:Guilty until proven innocent? (Score:3, Insightful)
Wrong. A company might well have 2137 legal copies of a software, plus 5 it has no license for (either intentionally or inadvertedly).
For the 2137 legal copies, it would be a customer.
For the 5 illegal ones, it would be a pirate.
So yes, somebody can be both your customer and a pirate.
Re:Guilty until proven innocent? (Score:3, Insightful)
Oh, great. Stop giving Rosen and Valenti ideas.
The BSA threatened me (or rather, "Stumpy McGee") (Score:5, Interesting)
A while back, for work, I had to download something from Microsoft that required "a Passport account." As it turns out, they accept hotmail accounts for this purpose, too. The particular hotmail account's used here had a "real" name of "Stumpy McGee". However, when I signed up for the account, I did use my real USPS mailing address.
Flash forward six months. I start receiving random mailings from Microsoft, Adobe, etc., warning Stumpy McGee of "Fancy Schmancy Puters" that he's probably got pirated software in his company, and that disgruntled employees are lining up to report him, probably. The letter left little doubt that Stumpy was headed for big trouble. But of course, Stumpy could run the "Self-Audit" software and they would take it easy on him.
My question: Has anybody actually run this self-audit software? (I don't think they have a Linux version, so I was out of luck. Did I say "I was out of luck?" I meant Stumpy was out of luck, not me...) What exactly does the spyware do on your system?
Inquiring minds want to know.
Re:The BSA threatened me (or rather, "Stumpy McGee (Score:2)
I love automated letters. You can always tell who sold their mailing list when you start getting mail for "Firstname Lastname."
Re:The BSA threatened me (or rather, "Stumpy McGee (Score:3, Funny)
I *never* use "Firstname Lastname". I always work something to do with the company whose list it is in there, and none too subtly either, so that if it turns up in spam I know who to bitch at. I'd like to see the look on their face when "Firstname Lastname" turned out to be "Microsoft Corporation". ;)
What self-audit software? (Score:5, Informative)
It's free, and doesn't report anything back to anyone.
In other words, it's not spyware or adware.
Actually a pretty useful tool.
Not only tells you what you have on your system,
but reports free memory slots and current CPU speed as well.
Print the output, use as a handy reference.
Should you ever reformat, the list might come in handy.
You'll likely discover software you didn't know you had.
Nice spin Slashdot.. (Score:5, Insightful)
Well, thanks for that nicely impartial journalist attitude there. Its amazing what a simple line can do to affect the inflection of a story.
Instead, how about..
'the BSA hires Federal Marshals to ensure the hard work and effort by its members is not stolen by parasitic scum who steal like common thieves.'
I develop software for a small company. I'm quite lucky to be where I am now, doing what I want to. I also work on OSS as a hobby.. (Such as a perl port of PG+ [ewtoo.org] that runs Uberworld [telnet].) Trust me, if ever I meet someone offering me a 'warez' copy of something I wrote I certianly won't be giving them a big cheery grin..
Re:Nice spin Slashdot.. (Score:2)
This is precisely what I have been talking about (Score:3, Funny)
Note the use of Orwellian doublespeak euphemism in the BSA's chilling press release:
Translation: Robbers! Sinners! Repent, O ye unclean ones!
The Grace Period ...is a great opportunity for businesses to resolve any compliance issues before they become subjects of a BSA investigation.
Translation: the Gestapo is on the way. Grab your ankles and smile.
The Business Software Alliance (BSA) is the voice of the world's software and Internet industry
Translation: The BSA is out to squeeze every last possible dollar out of software users
BSA worldwide members include Adobe, Apple, Autodesk, Bentley Systems, CNC Software/Mastercam, FileMaker, Macromedia, Microsoft, Symantec, and Unigraphics Solutions
No comment necessary.
Those who scoff at Open Source/GNU should consider whether they want to live in a world where the tentacles of the BSA and their ilk -- and in an increasingly digitized world, expect, oh yes, do expect similar organizations to crop up defending the interests of digital text publishers, media broadcasters, etc.-- extend, oozing, slimy and cold, into every crevice and opening of what we used to quaintly refer to as our "private lives".
Re:This is precisely what I have been talking abou (Score:3, Interesting)
"Of course, Senator McCarthy...."
"The List" (Score:2)
Will they call me? What happens when they show up and see my blank CDs sitting next to my PC? I don't use them for piracy, but I'm betting they will be all over me like flies on shit.
I hope ZDNet hasn't sold them their list from PCWeek magazine, or the like. Do you know how many web sites make you put something down for 'company' or 'job title'. Plenty of sites want that data for marketing, but it doesn't always apply.
Methods, means and policy (Score:4, Insightful)
Under current copyright and contract law, BSA is free to represent its members and do what's described in this article.
However, I find its methods too severe and too aggressive. BSA should consider helping the companies to comply with licenses rather than scaring them and send in the police. If BSA developed a good license administration tool and released it under the GNU GPL or any open source license with the source code, I think many companies would improve in their license compliance.
Some companies will steal anything they can, but most companies are serious and should not be treated as criminals. Doing a good license audit today is very costly and hard to administer for a small or medium sized company. BSA should treat the potential costumers of its members with respect and appreciate this problem. Developing an administrative solution and perhaps a license crawling spider - with very open code - is a much better way of helping the companies than by using cease-and-desist-letters.
Hence, BSA should consider a different and more customer friendly policy. We, the public, should consider an evalutation of the copyright system [newsforge.com] for computer programs at large.
Regards
Mikael
I am 100% supportive of this... (Score:5, Insightful)
(moderators: this is not a troll.)
The harder the BSA come down on companies like a ton of bricks, the more attractive open source alternatives will be.
The microsoft licensing schemes are so convoluted that even if you buy stuff from legit resellers bundled with your PCs, you still may be technically in violation of m$ licensing, depending on how your software is being used.
It's almost impossible for large corporations to be 100% sure of total compliance, even if all their software is purchased legitimately. And the BSA knows this. It's exactly like the mafia's "protection" racket.
Fortunately corporations now have a legit means of escape. Replace NT servers with Linux ones. The cost of switching to Linux might be high, but often the cost of having to "get compliant" is higher. And Linux is a one time cost, whereas you can be assured the BSA will be knocking on your door regularly if they think they can get away with it.
So I say bring on the BSA gestapo! They will be inadvertently helping promote open source alternatives, it's better promotion than Linux could ever buy (though we can exploit the situation if we choose
Re:I am 100% supportive of this... (Score:5, Insightful)
I'm more scared about this personally. These companies, particularly Microsoft, are so well entrenched that they can do this. It means that they have the majority of companies by the balls, and they can do what they will to them. Sure, Free stuff will seem attractive, but the bottom line is that they will want to get the maximum value out of their investment. Scary.
Re:I am 100% supportive of this... (Score:2, Informative)
Re:I am 100% supportive of this... (Score:2)
That is not how (big) businesses think. When wasting a large amount of money on something frivolous - especially software - the people responsible don't want anyone to realize it was a mistake. They do everything they can to keep people from using any software that competes with their solution (that they probably got a kickback for anyway).
RIAA (Score:5, Insightful)
Don't forget the kids! (Score:5, Funny)
-B
Re:Don't forget the kids! (Score:2, Interesting)
Had a call from BSA once ... (Score:3, Informative)
The comical effect was lost as the clueless telemarketer could'nt find "lunix", "apache" and "perl" in his list.
"It's open-s... nevermind, I have a meeting bye"
How's the law ? (Score:2)
It's also my understanding that this judge order would require some kind of piracy proof to be issued.
Wouldn't it create the chicken-and-egg problem ?
How does it work ?
Fuck you, slashdot. (Score:2, Troll)
If they scare off their customers, GOOD! The companies have the option not to use proprietary licensed software, maybe if they get some fines, they'll consider the alternatives.
Jesus christ, they aren't sending Federal Marshalls storming into a business for no reason. That could not happen without some sort of precident. I don't believe that the BSA has ever done this and not uncovered mountains of software license violations.
Some of you editors are such fucking hypocrites to cry foul and hire in the gestapo when some company viloates the GPL in *A SINGLE CASE* yet you bitch and moan about your rights and privacy when Microsoft hires BSA to uncover *TENS OF THOUSANDS* of violations to their licenses. What's worse is that I probably hate M$ more than you do, but if there's one thing I can't stand, it's a stupid person. michael and chrisd are topping this list right about now.
~GoRK
Re:Fuck you, slashdot. (Score:3, Informative)
This somebody is supposed to be the "police" and "justice", or it breaks down.
"Incedentally, it's the same copyright law that keeps your GPL software free that they are protecting! "
The GPL uses the copyright system against itself. Without copyright, there would be little need for GPL.
Re:Fuck you, slashdot. (Score:5, Insightful)
Jesus christ, they aren't sending Federal Marshalls storming into a business for no reason. That could not happen without some sort of precident. I don't believe that the BSA has ever done this and not uncovered mountains of software license violations.
Did you read in the article that the BSA were sending like 700.000 of these threats at a time?
Obviously, all the evidence they need for sending someone a letter is that they run a business.
OK, now suppose your business has a clear policy of never using pirated software. So what can you do?
1. You run the self-audit software. It is closed-source spyware, you have no idea what it will report, and you cannot expect any compensation if it breaks your mission-critical machine. This is an ugly option and there is no good reason why a honest businessman should be subjected to it. And nobody, guilty or innocent, would subject themselves to this voluntarily.
2. You "refuse to cooperate". Then you will get a visit from law enforcement, probably greatly disrupting your operation. Moreover, if they find anything wrong - your sysadmin made a mistake, or some stupid employee downloaded a serial number for Winzip - then you will have to pay for the exercise. Even if everything is actually perfect, something may be construed against you and you will face further expenses defending yourself.
Now tell me again that this is only fair.
Re:Fuck you, slashdot. (Score:2, Insightful)
?Acually there is a fairly obvious situation where this would be perfectly "legal" That is where the company in question has the relevent licences.
Re:Fuck you, slashdot. (Score:3, Informative)
Re:Fuck you, slashdot. (Score:4, Insightful)
Jesus christ, they aren't sending Federal Marshalls storming into a business for no reason. That could not happen without some sort of precident. I don't believe that the BSA has ever done this and not uncovered mountains of software license violations.
Actually, they are. The last time this ran, someone recounted how the BSA raided their company (with federal marshalls), shut it down for 3 days, destroyed several Sun workstations while trying to run their software on them and then tried to walk away. Oh, and they didn't actually find anything.
Extortion? (Score:3, Insightful)
Suddenly, by announcing a grace period for these criminals, we are extortionists? Since when did extortion include benevolence?
The legal definition of extortion is: the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. 18 U.S.C. S 1951(b)(2).
The key words here are wrongful use. Is it wrong, when someone has stolen something from you, to offer them a conditional amnesty? You steal from me, and not some hypothetic company, and I'll do everything I can to see you put in jail.
Calling this extortion is akin to the robbery victim who pleads on the news for the return of his wallet - no questions asked - and all will be forgiven: is the victim then the extortionist?
I note that Borland, the developers of Kylix, is a member of the BSA. Are they evil for expecting people to pay for some of their products? Or, because Microsoft is also a member, does that mean that OF COURSE it is extortion, and OF COURSE the federal marshals are mercenaries? Or will the federal marshals be exempted when they are protecting your ass on an airliner?
Is that the equation? Federal Marshals On Airlines = Good Guys, Federal Marshals Helping Microsoft/the BSA = Bad Guys? And if the BSA are really extortionists, does that make the marshals guilty of aiding and abetting?
Re:Extortion? (Score:4, Insightful)
Re:Extortion? (Score:4, Insightful)
How do you just "know" this and how do you know who much or what the extent is? How do you know WHO is doing it and to what extent? Are you going to try to use averages to justify searching everyone?
I'll do everything I can to see you put in jail.
Including searching the business before even knowing that they are running your software?
So how do you know what companies are running your software? Should you just assume every business is and then make them prove they are not?
You are innocent until proven guilty in the US. You can not search without proable cause. You do not get probable cause because you are a business that some company targets software at. Even if past experierence shows 80% of companies searched had some fubar license issues does not give justification to search more. It plainly shows that 20% of your "probable cause" claims are completely false.
Imagine a MLA (Media License Assoc.) Imagine getting a letter in the mail stating a MLA rep will be by your house later in the week to examine ALL of your video tapes, audio cassettes, CD's, players, cable boxes, Macrovision removers, computer HD's, etc for unauthorized media. Would you let him in? After all, they got an anonymous tip stating you copied a Shrek DVD onto VHS so the kids could watch it in the van but they left it playing in the family room when they went for a trip in the van. I bet there is a better chance a consumer would have some form of illegal media then a business has illegal software. Does this simple fact give probable cause to search everyones house?
Re:Extortion? (Score:5, Insightful)
"We know that we are being illegally deprived of millions of dollars annually..."
Wrong. You are guilty of assuming that the people who pirate software would otherwise pay your company for that software. I can guarantee you that the guy who steals cars would not otherwise pay GM, Ford, Toyota, etc. the value of those cars. The millions that you and the BSA and others like to flaunt as damages or deprivations are a bunch of crap, only touted to try to win sympathy for a bastard cause.
Next:
"The key words here are wrongful use. Is it wrong, when someone has stolen something from you, to offer them a conditional amnesty?"
Uh, yes. It is wrong. It is indicative of the fact that the BSA knows that what they're doing does constitute extortion under any legal or other definition of the term. The BSA has no legitimate power of their own. None. Zilch. Nada. They are not a law enforcement agency. Tbey are not a court of law. The only thing they are is a kangaroo court full of fools. When they attempt to use their illegitimate power to threaten me, "under color of official right," they commit extortion. Plain and simple. They have no right to interfere in any matter pertaining to me or my business. I do not have any contract with the BSA whereby I grant them license to extort my money/property. Perhaps they would like it if I investigated them for something animal poaching. I have no right to do so, nor any proof that they are actually illegally killing animals, but I'll surely grant them amnesty (conditionally, of course) if they will pay me a few hundred thousand dollars!
And finally:
"Calling this extortion is akin to the robbery victim who pleads on the news for the return of his wallet - no questions asked - and all will be forgiven: is the victim then the extortionist?"
There's a big difference. A robbery victim can usually offer pretty good evidence that he/she has actually been deprived of property. The BSA cannot. Instead, the BSA sends out hundreds of thousands of notices telling people/businesses that they are probably guilty of stealing, but they can be forgiven -provided they are willing to break out the checkbook. Isn't that what Jim Baker and the other televangelists used to do -- selling forgiveness? To further your analogy, the BSA is not pleading on the news for the return of their property. Rather, what the BSA is doing would be akin to rounding up a group of thousands of potential suspects, even though only a few may have actually committed the robbery, and telling them all that they could purchase amnesty for the low low price of $$$bling-bling. It doesn't mattter that the overwhelming majority are not guilty. All that matters to the BSA is that they collect enough money to remain solvent until next year's extortions begin. The BSA acts as though you are guilty until proven innocent, there's no way are you gonna sell me that vaporware.
What is it like? (Score:3, Insightful)
If you were a struggling proprietary commercial software developer would you join the BSA? Would you want to be associated with the immoral wealthiest companies and individuals in its ranks?
I think a better tactic to use to keep the majority of your user group in the paying customer category is to make your product worth buying and to make your product more valuable when it is purchased from you. By virtue of its (limited) success RedHat seems to be a company that exemplifies this tactic since its product is available free almost everywhere but people and companies still buy its products and it is very nearly profitable. A proprietary software developer should have no problem finding ways to make its product more attractive to buy than to copy, since it doesn't have the handicap of selling Free software.
Re:What is it like? (Score:2)
while copyright is a legitimate right, there is NO such thing as a right on ROI. What next, companies sueing you for NOT buying OR illegally copying their software, therefore cutting off their main supplies of income, sales and litigation? Methinks not.
Re:What is it like? (Score:2)
Is Microsoft a member of BSA? Are they struggling? Seriously.
Now hold on a minute... (Score:4, Insightful)
People will always find some excuse for piracy, but until someone is pirating YOUR software, i really dont think you have any right to excuse yourself. It's theft of intellectual property. Don't do it, even if you have philosophical problems with Microsoft.
I'm a software developer (Score:2, Interesting)
Don't believe the hype (Score:2)
So they have a database. Big woop; so do SPAMMERS.
Our company took the path "Oh SHIT. Buy licences for all our software, and QUICK!". Of course I managed to make a 30% saving by installing StarOffice 5.2, and then 6-beta. I suggest everyone else do the same. There are issues; there's no denying that it's 100% compatible etc. But for God's sake, it's sooooooooo close that it doesn't matter. So everyone find a friend who has downloaded StarOffice 6-beta (the beta period / download is over), or better yet have a go at OpenOffice [openoffice.org]. It rocks. And you'll never have licensing problems again. Still not convinced? How about searching on Google for StarOffice + pdf and following the instructions for setting up your own PDF writer via Ghostscript. It works like a fucking charm! People email us and say "Hey. That must have cost a bit...". And we say "Yes. Actually it was all free." Good stuff.
If someone can't find the PDF instructions, reply to this post and I'll email you the instructions.
Is the BSA multinational? (Score:3, Funny)
Raided were Espina, Perez-Espina & Associates, an architectural and construction company located at the 2nd floor, The House of Architects, Juana Osmeña Ext., Cebu City, and, Arlington Engineering Services, an engineering design firm in Green Valley Subdivision, Lahug, Cebu City.
The NBI, after securing search warrants from Judge Benigno Gaviola of Cebu City Regional Trial Court, found four PCs of Espina, Perez-Espina & Associates allegedly loaded with unlicensed Adobe, Autodesk and Microsoft software. The NBI seized 13 PCs allegedly loaded with Autodesk software from Arlington Engineering Services. Total assets, including hardware and software, confiscated from the two raids was valued at almost P5 million pesos.
Well this just gives me terrified thoughts of the frito bandito crashing through my window screaming "BADGES? WE DON'T NEED NO STINKIN BADGES!"
Commercial Break.... (Score:2, Insightful)
Scene: People working at PCs in Office
Suddenly the door bursts open and in come a group of lawyers accompanied by Federal Marshals
Lawyer: "Business Software Alliance! We're here to check all your software licences. If you are running illegal software you may be fined thousands of ponds and go to jail for 5 years. Here's our search warrant"
Manager: (smug grin) "Go ahead - we're all running Linux!"
Exit BSA....
French BSA (Score:4, Interesting)
That's why an influent French Editor [acbm.com] created an alternative organization : the Bidouilleurs Sans Argent [www.bsa.lu] which promotes the Free and/or free software.
This is what is driving my company to use OS (Score:4, Informative)
I suppose the fact that the "bottom up" approach of getting OS software in has something to do with it as well. One of the few projects that went in on time and on budget used java and OS instead of MS languages and tools, the fight we had to get the go ahead for not using MS tools was unreal.
Now I have management high up wanting to move our web based systems to OS, also we want to run Linux on our mainframe. Strangely enough we now have the capacity since fronting the former proprietory middleware with an OS based XMLRPC system.
It's slowly changing from fighting to use OS into becomming a no brainer for the higher ups. Especially as a lot of recent licencing changes have stung our bottom line.
About counter ads (Score:5, Insightful)
They are fools if they don't use MS marketing when they can.
Re:About counter ads (Score:2, Interesting)
We (the developers) have been pushing linux for a year now and use linux for our desktops/servers (java/mobile/web stuff). The rest looked down their noses at us, then along comes mircosoft with audits and gee, all of a sudden the md has redhat on his laptop! He does complain about document formatting, but its not a big deal, people seem to be moving to
If the distributers of linux don't takes advantage of this opertunity RIGHT NOW, it would be business suicide, because, ah, commercial OS manufacturers are going to spread a LOT of FUD to keep the market in check (watch this space).
Works For Me (Score:2)
Attention: karma whores (Score:3, Funny)
(for comparison, here's six months ago's effort [slashdot.org])
Hypocrites (Score:2)
There are lots of techniques that they could use which would make it impossible (for Joe User at least) to install software on multiple machines, for instance by providing a floppy or USB dongle with the installation CDs which must be inserted the first time the software is installed and which won't let the user install again. They don't do this because they don't want it to be difficult to copy their software. So, by my way of thinking, to an extent they deserve the copying that occurs.
Bozeman?? (Score:2)
Stupid tracking number (Score:2)
Only problem: I have no business, I'm a random college student. So, to summarize, they sent sent three duplicates of the nasty-gram, and to someone who isn't a business owner. I wouldn't worry about them being on to you if you get one of these...
Boosting 1Q revenue in a soft economy (Score:4, Insightful)
By sending these cards out they'll get extra revenue they might not have gotten. It's just like the middle ages -- when the king's coffers were low, he sent his soldiers to the villages to collect extra tax.
Ends justify the means? (Score:4, Insightful)
Why?
In short, BSA tactics turn member companies' customers into adversaries, and scare said customers into giving them money rather than go through the time and trouble to "prove" (at the customers' own time and expense!!!) they own all their software. It sure sounds like extortion to me! In any case, I dare someone to argue that threatening to sue ALL your customers and cause them added expenses, even if they did nothing wrong, is a good way to develop a customer relationship!
you will notice what the BSA doesnt do.. (Score:3, Interesting)
Please BSA, try to strong arm a really big company.
Re:Umm, who cares? (Score:2)
Sorry, but this argument is typical warez k1dd13 bullshit. Theft is when you illegally deprive someone of something that is rightfully theirs. Software piracy deprives the retailer, distributor and manufacturers of the software you stole of some revenue. You might get some satisfaction from hitting out at the evil corporations, but there is no avoiding the issue that piracy is still theft.
If you can't afford the software then you can either become a criminal, or, you can wake up, smell the roses, and move to the world of free software. It's not always a smooth ride to get there admittedly, but the destination makes it all worth while when you do.
"Theft" of software? (Score:4, Informative)
Logically that argument holds water only if you were going to provide them with that revenue had you not violated their copyright in the first place. Hence if I illegaly copy a program that I wouldn't otherwise have bought, then I have not deprived the retailer of any revenue or potiential revenue.
Now this has little to do with theft as such. Dictionary.com gives the following definition of Larceny:
Now the property you're refering to here is money. The copying of the software is clearly not 'stealing' in the sense above, since you do not deprive the owner of his software, he still has his copy. However, you're clearly not stealing his money either, since he still has his software to sell. What you may or may not have done is deprive him of possible future earnings, and that's a different crime entirely. It's called copyright violation in most of the world, and is still a crime.
Why is this important? Well, words and their intended meanings are the only means of communication we have, and going around calling copyright violation 'stealing' is akin to calling "driving while under the influence," "possession of narcotics with the intent to sell", or calling "murder", "tax evasion."
Such usage can only serve to dilute the commonly understood meaning of the words we use to communicate, and those who do so intentionally, in order to further their own agenda, deserve nothing but contempt.
Stealing software is when you grab a copy of Windows from the shelfs of CompUSA and exit without paying for it. Copying the same software off a server somewhere is a different crime entirely.
Yes, they are thieving scum. (Score:4, Insightful)
Everyone had the games. They weren't even very expensive, just a couple of quid but 9 out of 10 copies were pirated.
Re:Umm, who cares? (Score:2)
But how well do you think the BSA would stand up were they the defendant, rather than the plaintiff?
Re:I repeat my earlier advice: wipe your ass with (Score:2)
Re:I repeat my earlier advice: wipe your ass with (Score:2)
Can doctors' offices send stool samples to labs through the mail?
What???? (Score:2)
Re:Licensing (Score:2)
Yes (Prime)Minister
The Hitch Hickers Guide to the Galaxy
Goodness Grachous Me
The World Service
etc.
Re:Why is the BSA running Apache on FreeBSD ? (Score:2, Funny)