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Linux "is not piracy" Says Microsoft Lawyer

dipfan writes "Further to this Slashdot piece on the activities of the Business Software Alliance, the BBC reports on a European conference on piracy organised by the BSA. The good news is even Microsoft distinguishes between open source software and piracy; it quotes Microsoft's top in-house lawyer Brad Smith as saying: 'Linux is a way of developing software whereas piracy is copying.' The rest of the article is the usual panic-attack about the size of software piracy in general, and how this is holding back the software industry in Eastern Europe, according to Brad. Although the article notes the irony that despite all the piracy, software sales are forecast to grow from $50 billion in 2000 to about $90 billion by 2005."

240 of 610 comments (clear)

  1. full text by trollercoaster · · Score: 2, Informative

    Jane Wakefield
    BBC News Online technology staff
    line
    Tech industry leaders gathered in Brussels have reiterated the growing threat of piracy to the software industry in Europe.

    The warning was issued at a conference, organised by the Business Software Alliance (BSA), which attracted delegates from firms such as Microsoft, Apple, Adobe and Symantec.

    The meeting was told that in 2000 the software industry in Europe lost $3bn to pirates.

    This figure is thought to be only a tiny fraction of the amount of piracy that is going on every day on the internet.

    "We can't estimate how much piracy is on the net but in one day we found a million sites under a search for one of the codenames for pirated software," said a BSA spokesperson.

    Unacceptable

    For an industry that commits millions of pounds to research and development, and that contributes six times as much to Europe's GDP as the consumer goods industry, the levels are unacceptable, the BSA says.

    "It is a risk most other businesses don't have to deal with - having 34% of your product stolen," BSA's president Robert Holleyman told the conference.

    According to Microsoft lawyer Brad Smith, piracy has transformed the nature of the software industry in Europe.

    "If there wasn't piracy there would be more software companies in Russia and Eastern Europe," he said.

    Instead Russia has become an enclave for pirated software and Microsoft has recently declared a five-month amnesty for Russian and Ukrainian internet cafes to switch to legally licensed software.

    Software pirates range from professional businessmen to teenagers selling illegal programmes from their bedrooms to organised criminals.

    Organised crime is giving the BSA the biggest headache.

    "Criminal organisations can sell software direct, as well as through retail channels," said Symantec lawyer Art Courville. "So, it is harder to monitor."

    Tightening legislation

    Europe has a greater rate of piracy than the US - around 34% compared with 25% in the US. Software leaders put this down in part to differing rules in Europe.

    "Some countries in Europe had copyright laws dating back to the 1940s," pointed out Apple lawyer Peter Davies.

    The last thing that you want is to create havens where the legislation is weaker

    BSA spokesperson
    That is about to change as the European Commission puts into force a directive intended to harmonise civil laws governing how courts deal with cases involving intellectual property.

    All BSA members are hopeful that this will act as a deterrent.

    "The last thing that you want is to create havens where the legislation is weaker," said a BSA spokesperson.

    Change of attitude

    There is also work to be done on educating the public about the importance of intellectual property, especially as a web counter-culture advocating free software, such as music downloads, continues to grow.

    Open source software such as Linux is not seen as a threat to the work the BSA is doing, however.

    "Linux is a way of developing software whereas piracy is copying," said Microsoft's Brad Smith.

    He does believe that stopping the pirates could have a dramatic effect on the current pricing of software, however.

    "As the legal market grows, there is more investment in new products and enhanced competition. A healthy market leads to more attractive prices for consumers," he said.

    Despite the efforts of the pirates, the software industry in Europe is looking pretty healthy.

    It is forecast to grow from £35bn in 2000 to £67bn by 2005.

    --

    Slashdot, come for the goatse, stay for the trolls.

    1. Re:full text by Anonymous Coward · · Score: 2, Interesting

      Theft! MY ASS!!!!!!!

      I propose we show the RIAA, the MPAA and the BSA what theft is.

      We'll call it - "show those bastards what theft is day"

      Here's how it works. You walk into a store, take the latest Hollywood crap film, the latest crap Top 40 album, and any of the BSA's products - Illustrator, Office, etc. Put it in your pocket and leave the store.

      That's theft!

      The BSA has to realize that their products would not be in the top spot if it wasn't for (at one time legal) copying and installing on home computers. How many art students can afford Illustrator? None. How many art students can learn about Illustrator, do amateur work on it, get a job, use the software in "the real world" and then increase Adobe's sales? All of them.

      I mean shit - who out there pays for this crap? I don't. I can't afford to give Microsoft $150 every 9 months for incomplete upgrades. I can't afford to give Adobe $10000 every other year for their upgrades. I use pirated versions - and I don't feel bad about it at all.

      If I didn't have a bootleg of Windows 2000 server and workstation, I wouldn't have the skills to perform a migration. By migrating - just one client, to Windows 2000, I help sell several hundred licenses.

      If I didn't have bootlegs of all the Adobe software, I wouldn't be able to support them in the real world.

      The fact that you can get this shit for free (if you try hard enough) is what keeps qualified tech support people in 2nd and 3rd tier industries.

      Shit, if I could download an "evaluation copy" of Reuter's or Bloomberg, I would be an expert on that too. Instead, these firms end up ramping up the TCO for their clients because the job skills are impossible to get outside of the client environment.

      Hey, its simple math. More qualified techs for a given product means that more IS departments can provide support for a product meaning more firms can buy a product. Simple as that. If the product is difficult to support, and people can't roll their own skillset, the product will never grow in in its installed base, and the product's future will be left to the people least likely to help it: the software firms' marketing departments.

      Hell, marketing departments for software should be banned, as part of the Industry's Best Practices. These shit for brains are the reasons developers get sued out of existance.

      Hell, shareware is the key. Look at winzip for crying out loud. You don't really have to pay for their product - but if you are in a corporate environment, they probably buy licenses a few hundred at a time. Winzip's happy. I'm happy. Shit, even when my firm would buy Winzip licenses, I still churn out the registration code with a cracker!

    2. Re:full text by 0x0d0a · · Score: 3, Insightful

      We can't estimate how much piracy is on the net but in one day we found a million sites under a search for one of the codenames for pirated software

      Downright misleading. Search for "warez", get a million hits, trumpet about how software is being stolen. "We can't estimate...but we found". If you can't estimate it, why are you spitting out these meaningless figures, other than to feed the press? I think the best counterclaim would be to have people follow the top, say, hundred links and see what percentage of those pages *actually* contain links to pirated files. Be interesting, actually.

      There are legitimate numbers that could have been given. The number of Hotline servers serving files containing given strings. The percentage of computers without licenses found when MS audits are conducted. The "number of times transferred" statistic some IRC file serving bots put out. Number of napster or gnutella hits for a search for the name of a piece of software. Call me naive, but it seems that if piracy is as big a problem as the BSA is telling everyone, they should be able to come up with some meaningful statistics.

      I also love the BSA's emphasis of organized crime. Most software is pirated through organized crime? Please. Oh, maybe in China or Russia, and I don't live in eastern Europe, so I can't really say there. But in the US (and, I would assume, western Europe), the BSA likes holding up the Mafia on one hand and asking legislators "Don't you want to stop this?" Most software pirated in the US is from casual copying, end of story.

      Now, all this doesn't mean that piracy isn't a real, legitimate problem. But that release has as much spin on it as I've ever seen.

      As for the token handed to Linux, I don't know why that was in there, unless it was to try to split up the groups of people (pirates, OSS folks) who don't really approve of the BSA.

      I don't know if Microsoft is evil, but a search for "microsoft evil" on google spits out a quarter million results...:-)

    3. Re:full text by ComputerSlicer23 · · Score: 2, Interesting
      Most software pirated in the US is from casual copying, end of story

      I'll just point out, your offering up exactly the same non-supported, anecodotal evidence as the BSA here. Personally, I have never come across a "professional" pirate. I use know some pretty hardcore warez people which isn't neccessarily casual coping. You probably have a similar experince as I do, that most of it is just John Doe installing the latest Windows on several of his machines without licenses.

      However, that doesn't preclude the possibility of an organized crime group doing it for money, it just means you have probably never come across it. I agree with you that it is most likely casual copying, but don't accuse the BSA of having no stats, and then offer up facts with no statistics. At least try to say in my experience, or something, don't state is as a fact. Gives credibility to when the BSA does that, and they have a slightly bigger reputation then either you or I in the eyes of business people.

      Oh yeah, and I'd worry if the BSA started using stats. Stats are the single easiest way to lie, because you tell the whole truth, just inaccurately by using the property of your stats to show what you want. Stats are a wonderful way to lie.

  2. funny thing is by Jacer · · Score: 2, Insightful

    for each new copy protection scheme, you'll have ten ways to circumvent it from release groups (fleet, razor, ect.) and most of the people who pirate would never buy the software in the first place (like me for instance) so, i'd be a wise choice on their part to drop the charade on fighting piracy, pocket the money they save by not actively persuing it, and enjoy the software growth

    --
    --fetch daddy's blue fright wig, i must be handsome when i release my rage
    1. Re:funny thing is by gfxguy · · Score: 2

      That's an interesting note... While I don't condone piracy, it's important to recognize that they probably spend more money than they recoup on their efforts to stop it.

      For some time it's been widely accepted that piracy is going to happen, but you make better products and you make it worthwhile to buy the real deal and somehow, magically, those companies manage to stay in business - both in the entertainment industry and in computer software.

      Also, that 34% figure is probably way out of whack, but why don't they look at it like this: all the copy protection crap we put on our products is incoveniencing our honest customers in a two to one ratio over pirates.

      Yes, that's a good business practice.

      --
      Stupid sexy Flanders.
    2. Re:funny thing is by Jacer · · Score: 2

      i'm one to believe that intellectual property is not property, there is something entirely different about tangible and intangible products, that's why you have a lot of software pirates who will produce copy after copy of software, but wouldn't borrow a penny from anyone without asking. a better analogy is this, if you had all the parts sitting in your garage to build yourself a brand new bmw, do you have the right to do so? according to patent, no, but you own the parts....

      --
      --fetch daddy's blue fright wig, i must be handsome when i release my rage
    3. Re:funny thing is by Alien54 · · Score: 2
      Microsoft has always be concerned about piracy.

      check out this XP update page for example:

      http://www.download.windowsupdate.com/msdownload/u pdate/v3/static/RTF/en/5360.htm

      This update resolves the "Playback and Copy-Protection Issues When You Try to Play the Snow White and the Seven Dwarfs DVD Movie" issue in Windows XP and is discussed in Microsoft Knowledge Base (KB) Article Q310510. Download now to be able to play Disney's "Snow White and the Seven Dwarfs" Platinum Collection DVD.

      --
      "It is a greater offense to steal men's labor, than their clothes"
    4. Re:funny thing is by cscx · · Score: 2

      That could probably moreso indicate Disney being concerned about piracy... I remember back in the day Disney's were the only home videos that were next to impossible to copy without special equipment... for, uh, "personal backup copies" of their VHS films, y'know... =)

    5. Re:funny thing is by drik00 · · Score: 2

      bullshit, you can build a Harley-Davidson from scratch, with all the correct parts, and its still a Harley...

      This is how most people get Harleys, since there is usually a multi-year waiting list to get one from the factory.

      --
      Beer, now there's a temporary solution -- Homer Jay S.
  3. News To Me by rubinson · · Score: 5, Funny

    Linux is a way of developing software...

    And all this time I was under the impression that Linux was an operating system kernel!

    1. Re:News To Me by Dr.+Awktagon · · Score: 2

      'Linux is a way of developing software whereas piracy is copying.'

      And I always thought "piracy" was the illegal plundering of ships and boats. I love newspeak!

    2. Re:News To Me by Servo5678 · · Score: 5, Funny
      And I always thought "piracy" was the illegal plundering of ships and boats. I love newspeak!

      Maybe it's all in how you develop your software.

      Normal: "I'm going to compile my latest version of code."

      Piracy: "Avast me hardies, I'm going to compile me latest booty! Arrr!"

    3. Re:News To Me by david+duncan+scott · · Score: 3, Interesting

      Not terribly new -- we called it "piracy" back when we copied LP's to tape, before half of Slashdot was born. The term trickled up from the masses, not down from the record companies and software houses, because we liked the image - it made us sound all underground and outlaw and radical, instead of just too cheap to buy the album ("Eight bucks for a Kiss album? Fuck that, man!")

      --

      This next song is very sad. Please clap along. -- Robin Zander

    4. Re:News To Me by Buck2 · · Score: 2, Funny

      ("Eight bucks for a Kiss album? Fuck that, man!")

      Man, I totally agree. They're not even worth the diskspace.

      --

      As my father lik@(munch munch)... ....
    5. Re:News To Me by david+duncan+scott · · Score: 2

      I had to confess to my daughter recently that well, yes, her Dad had once owned a Kiss record. My only defense was that it came with a record club deal, and I never paid for it. :)

      --

      This next song is very sad. Please clap along. -- Robin Zander

    6. Re:News To Me by 56ker · · Score: 3, Funny

      Pirate: Ha ha Jim Lad - what be in this treasure chest.
      Jim Lad: Shiver me timbers there be 1000 pirate copies of Windows 98
      Parrot: Pieces of 98, Pieces of 98.

    7. Re:News To Me by Waffle+Iron · · Score: 3, Insightful
      ("Eight bucks for a Kiss album? Fuck that, man!")

      Man, I totally agree. They're not even worth the diskspace.

      Obviously, you've never seen the LP version of the double album "Kiss Alive II". I still have the copy I bought 25 years ago. It folds out to show a vivid color 24x12 inch live concert photo with the band raised on hydraulic platforms in front truly impressive array of fireworks and huge orange fireballs. It contains a 12x12 inch book detailing the "Evolution of Kiss". It has two nice big 12 inch vinyl platters. I think it came with some 24x24 inch Kiss posters, but I've lost those over the years.

      This package had real value that is still interesting today. I think that side IV even has some good music on it.

      I'd bet if you bought the CD version today, you'd be lucky to get 4 inch sheet of paper with the list of titles on it.

      I think the record companies hurt themselves when they started selling $17 products that have almost zero value-add over a bootleg copy.

    8. Re:News To Me by david+duncan+scott · · Score: 2
      Who says bands get paid from the retail sales? Put it this way -- if I go to Walmart and write a bad check for the latest whatever, do you think they take back the royalties?

      My conduct was smarmy, no question -- it was a debt that I owed and never paid -- but it's Columbia House that has a grievance with me, not Kiss.

      --

      This next song is very sad. Please clap along. -- Robin Zander

    9. Re:News To Me by Oliver+Wendell+Jones · · Score: 2

      I think it was called "Mirror" IIRC.

      The irony of it, at least as I remember it, was that it played Disney's Pirates of the Carribean theme ("Yo ho, yo ho, a pirate's life for me!") over the screen that reminded you to not use it for copying software for illegal purposes...

      --
      A computer once beat me at chess, but it was no match for me at kick boxing -- Emo Phillips
    10. Re:News To Me by david+duncan+scott · · Score: 2

      It was Dressed to Kill, I think, and see, I'm one of those people who's more concerned with how the album sounds than with how it looks, and while I grant you that nobody puts on pyro like Kiss, at the end of the day they still sound like, well, Kiss.

      --

      This next song is very sad. Please clap along. -- Robin Zander

    11. Re:News To Me by Afrosheen · · Score: 4, Insightful

      A million sites, 999,999 of which were links to other links with porn popups and redirects to another link page with 'vote for top 50 to continue' that takes you to another porn site. Yeah, great research fellas. Anyone can type 'warez' in a search engine and come up with crap, but it takes an honest effort and lots of digging to come up with sites that actually have anything.

    12. Re:News To Me by zCyl · · Score: 2

      And all this time I was under the impression that Linux was an operating system kernel!

      No no no, you must be thinking of Windows.

    13. Re:News To Me by david+duncan+scott · · Score: 2
      And PIP always sounded so cheery, too -- "Yeah, pip it over here, will you?". "Copy" is dull, by comparison, and "cp" isn't even pronounceable. Plus pip had that whole reverse-syntax thing going for it.

      For years I kept pip.bat files on DOS systems that just did "copy %2 %1" so I could keep pipping.

      --

      This next song is very sad. Please clap along. -- Robin Zander

    14. Re:News To Me by drik00 · · Score: 2

      for the record, my first copy of AC-DC's Back in Black was stolen by me out of mom's car...

      --
      Beer, now there's a temporary solution -- Homer Jay S.
    15. Re:News To Me by drik00 · · Score: 2

      >Linux is an kernel
      >
      >Linux is an operating system
      >
      >Linux is a way to code software...
      >

      Linux is a way of life, man...fsck the establishment! Power to the people!

      yeah, dig it.

      --
      Beer, now there's a temporary solution -- Homer Jay S.
    16. Re:News To Me by Reziac · · Score: 3, Funny

      Sounds like a parroty error to me!!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    17. Re:News To Me by ender81b · · Score: 2

      Hot damm. You are right. That is a perfect reason why people don't want to buy 17$ cd's and perfer to burn them - they lose nothing. If they would start doing cool stuff like that again.. neat. I wonder if the piracy rates for things like Box Sets are any different than for regular CD's?

    18. Re:News To Me by cmckay · · Score: 3, Informative

      it takes an honest effort and lots of digging to come up with sites that actually have anything

      This is true for the web, but there are other ways that require much less effort... *cough* IRC *cough* :-)

    19. Re:News To Me by Pogue+Mahone · · Score: 2
      Yeah, I know it's late, but I just can't resist....

      ...compile me latest booty!

      Long John Silver: Load the booty into the boats, Jim lad!
      Jim: Aye aye, Cap'n, I'll start the booty loader right away

      So mod me down ...

      --
      Every bloody emperor has his hand up history's skirt [Peter Hammill/VdGG]
  4. BSA by DoctorPepper · · Score: 3, Informative

    I heard a radio commercial for the Business Software Aliance this morning while driving into work. This was a first in the Jacksonville, Florida area. I suppose the BSA will start harassing businesses in this area now.

    --

    No matter where you go... there you are.
    1. Re:BSA by chill · · Score: 5, Interesting

      Just now? They've been all over Orlando for the last year and a half. The company I used to work for got their HQ (Long Island City, NY) audited and scared the hell out of the Orlando office I had converted to about 1/3 Linux. They forked over big $$ for licenses they don't need, use or want -- just to avoid the hassle.

      The BSA is nothing more than a legalized protection racket.

      --
      Learning HOW to think is more important than learning WHAT to think.
    2. Re:BSA by ackthpt · · Score: 3, Interesting
      It's amazing how they come off all reasonable like on the radio, isn't it?

      They ran ads back in January in the SF Bay Area (e.g. KCBS 740) about how important it is to keep a clean shop and comply by the grace period end. Nothing about imperial stormtroopers installing software on your PC's or Servers, or demanding audits which would be unthinkable in short timeframes, or even the extortion of large wads of cash and total capitulation as the only other option.

      --

      A feeling of having made the same mistake before: Deja Foobar
    3. Re:BSA by kableh · · Score: 2

      Agreed. My company is in Orlando. I heard those ads on the radio a few months back. It didn't scare us too much, though, as we've completed several audits for Microsoft already.

      I love how Microsoft touts their products as having a lower TCO than Linux, since "anyone" can administer Windows. Do they factor in lost man-hours due to audits? We aren't a big shop by any means, under 100 users, but because we have a site license we have to perform an audit every few months. This can take days for me and my co-worker to finish.

      To be honest, when I was a kid I pirated software like mad. I didn't have any money, and neither did my mom, and I wasn't profiting from it by any stretch of the imagination. Now that I'm doing this for a living, I won't hesitate to buy software that I like. $15US for a handy shareware program is a pittance. I make it a point to encourage those around me to buy software too. I can see parallels with the music industry as well. Give people a chance to try it out, and sell the registration for a reasonable price, and you can't lose!

      Strong arm tactics like those employed by the BSA and xxAAs turn people against you. Treat people like pirates and they will oblige. Make it more of an ethics issue, and maybe they will think twice next time they go to grab the latest version of Photoshop off Limewire.

    4. Re:BSA by Ian+Wolf · · Score: 2

      First you pray you are legal, and have no disgruntled employees.

      Once they have sufficient evidence to convince a Judge, they can launch a suit and get an audit via court order. Then you're screwed.

      --
      "The words of the prophets are written on the Slashdot walls."
    5. Re:BSA by jgerman · · Score: 2

      Hmm, you'd think that it would be a conflict of interest for a court ordered audit to be handled by those that started the suit, or were even employed by them. If they have to file a suit and get a court ordered audit, they should be required to have an independent auditor handle it.

      --
      I'm the big fish in the big pond bitch.
    6. Re:BSA by mpe · · Score: 2

      I love how Microsoft touts their products as having a lower TCO than Linux, since "anyone" can administer Windows. Do they factor in lost man-hours due to audits?

      Or the lost hours of the average user trying to administer Windows. Which includes the system not being adequatly protected from the end user, because they "need" the ability to mess around with critical things.

  5. Still Unclear on MSFT's Strong Dislike of Linux? by ackthpt · · Score: 5, Interesting
    Here it is in a nutshell:

    Ideas developed and shared undermine Intellectual Property. i.e. If you invented a better moustrap and GPL'd the design, then MSFT wouldn't be able get a patent on it, and thus license for big fees or lock any other developer or competitor out.

    Having to include source to something they didn't invent and can't get along without is their problem and, like any reasonable minded person, don't want problems. They like to keep it simple, by owning or having license agreements on IP.

    How anyone actually associates Linux with Piracy is beyond me and reflective of a lack of understanding the spirit of MSFT's gripes.

    --

    A feeling of having made the same mistake before: Deja Foobar
  6. Piracy is copying? by Anonymous Coward · · Score: 5, Funny

    "piracy is copying."

    So 18th century pirates just boarded your ship, copied everything, and left?

    1. Re:Piracy is copying? by g1zmo · · Score: 5, Funny
      So 18th century pirates just boarded your ship, copied everything, and left?

      Isn's that what copyleft means?
      --
      I have found there are just two ways to go.
      It all comes down to livin' fast or dyin' slow.
      -REK, Jr.
    2. Re:Piracy is copying? by mpe · · Score: 2

      The word "Piracy" as it is used in the software industry originally was used by authors (that's right...authors) when describing the tactics of publishers who were distributing works that were not okayed by the author first.

      How old is this usage, could it possibly date back to Queen Anne? When copyright had been taken away from publishers and assigned to authors for the first time.

  7. Linux ok. MS-OS free machines not by bildstorm · · Score: 5, Funny

    Is it just me or does this contradict things?

    They tell us we can't buy machines without an OS. Then they say that we're not allowed to remove the OS. Oh, and we can't give away the machine without a Microsoft OS either.

    Oh, and you can be sure that they think that a machine with Linux preinstalled is an OS-free machine.

    These guys play both sides so much you'd swear they were U.S. negotiators in the Middle East. Well, granted, Microsoft has been more successful. Bill Gates to solve the crisis in the West Bank???

    --
    The power of accurate observation is commonly called cynicism by those who have not got it. - G.B. Shaw
    1. Re:Linux ok. MS-OS free machines not by Lendrick · · Score: 3, Insightful

      Oh, and you can be sure that they think that a machine with Linux preinstalled is an OS-free machine.

      ...but as Linux users, we know better. It is, in fact, a free OS machine.

    2. Re:Linux ok. MS-OS free machines not by km790816 · · Score: 2

      Microsoft, like a lot of companies, is in a weird situation.

      People at Microsoft are not evil. They like software. They like helping people.

      ...but they want to be paid. They want their stock to increase in value so they can retire and send their kids to college.

      People are surprised that Microsoft, which makes it money from selling intellectual property, doesn't like the GPL. Guess what: the GPL takes away a lot of control from intellectual property.

      Do I think MS goes to far with their FUD? Yes.
      Do I think they should try to work with the open-source community in a more open and honest way? Yes.
      Do I think they should be more honest with themselves and their customers about the benefits of the GPL and the problems with proprietary software? Absolutely.

      Do I think people are going to stop weighing the business realities of the market and their current offerings to follow a list of 'shoulds'? Probably not.

      Microsoft embracing open-source is like the Catholic Church allowing female priests. It might happen, but it will by slow and painful because doing so is to admit that they were wrong for a LONG time...or at least not completely right.

      There is my $0.02.

    3. Re:Linux ok. MS-OS free machines not by Jagasian · · Score: 2

      Note that 6000+ people were not killed during 9/11. The number is roughly 3000 people. Yes thats still allot, but I am just trying to keep the facts more accurate.

      Sectarian violence still exists between Christian denominations. It doesn't exist between Jewish sects, but the saying goes that if Israel didn't have so many enemies, it would destroy itself from within.

    4. Re:Linux ok. MS-OS free machines not by rnturn · · Score: 3, Insightful

      The beef isn't that IE is bundled with the ``desktop''. It's that IE is being pushed as part of the operating system.

      And your KDE comment is wrong as well for a couple of reasons:

      1. The browser may be ``bundled'' with the desktop but I am not forced to use it. I can delete it. I can remove the icons. I can remove the references to it from all of the desktop menus. Try that with IE and Windows; it's difficult.

      2. The desktop is not part of the operating system. I can use something other than KDE. Or no ``desktop'' at all and still have the ability to use a browser. Heck, if I don't want graphics I can omit the desktop altogether and still browse. Try that with Windows; it's not possible any more.

      Don't try to equate Microsoft's comingling of IE and Windows with KDE's (or Gnome's, etc.) bundling. It's not the same thing.

      --
      CUR ALLOC 20195.....5804M
    5. Re:Linux ok. MS-OS free machines not by nathanh · · Score: 2
      And then, on the other hand, Microsoft bundling a free browser with the desktop is anti-competitive. KDE bunding a free browser with the desktop is 'cool'.

      The problem wasn't with the bundling per-se. It was when an OEM bought Windows and tried to remove IE to install the (at-the-time) superior Netscape browser. Microsoft threatened the OEM until the OEM caved in.

      The KDE package also bundles a browser but an OEM is permitted to remove konqueror and install another browser. In fact, the KDE people even tell you how to do this.

      This is the fundamental difference. You can't ignore it. The judge certainly didn't, nor did the appeals court. Bundling is OK. Product tying is not. Microsoft did the latter. KDE does the former.

  8. Dont forget... by Bob+McCown · · Score: 4, Funny
    ..standard includes:

    #include "StandardWhineAboutExpensiveSoftware.h"
    #include "WhineAboutOnlyUsingItOnce.h"
    #include "RantAboutNeedingPhotoshopInsteadOfGimp.h"

    etc...

    1. Re:Dont forget... by Lemmy+Caution · · Score: 2

      That's because most Linux advocates have wisely stopped suggesting GIMP as a Photoshop replacement. Don't get me wrong: I use GIMP a lot for consumer-grade tinkering, but it's still not a Photoshop replacement by any means. Even I still find the selection tools clunky and unintuitive compared to Photoshop.

    2. Re:Dont forget... by MrResistor · · Score: 2

      I have, but I troll for them, apparently... ;)

      What bothers me about them is they're always posted AC and never give any reasons for needing PS over GIMP other than "GIMP isn't ready for primetime". I maintain that it's a matter of training rather than actual capability of the software, and no one has yet refuted that claim (at least not with anything more than empty rhetoric).

      I'm just a casual user, not a graphics guy, but I'm very much interested in exactly what functionality is missing from the GIMP.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
  9. Well Duh.... by adam613 · · Score: 3, Insightful

    Of course Linux isn't piracy. It would be extraordinarily difficult for me to pirate RedHat when I can get it legally from their website.

    This is another one of those "We'll look like we're compromising on this minor point so that people can buy into our other major point" things. Linux may not be piracy, but it is viral and anti-capitalist and bad for consumers because it's supported by hobbyists with PHDs in CS rather than a major company whose tech support knows as much as their average supportee (is that a word?).

    What is the market for Linux like in Europe? Does M$ have any more reason to be worried over there than they do here?

    (sorry if this is a dumb question, but I'm an American so I have no clue what goes on outside of my own country)

    1. Re:Well Duh.... by quinto2000 · · Score: 2, Informative
      This is another one of those "We'll look like we're compromising on this minor point so that people can buy into our other major point" things.
      It's bigger than that. All that MSFT needs to do is associate the word "Linux" with "piracy," and the innuendo is enough to scare off many businesses.

      And in Europe, yes, Linux is much more popular. A number of people don't want to rely on an American company for their OS.

      --
      Ceci n'est pas un post
    2. Re:Well Duh.... by minion · · Score: 3, Interesting

      They have much more to loose in Europe than here. When our government brought Microsoft to court, every country that uses Microsoft software took notice. Why? Because here you have a company, who's products you use to make your business function, under scrunity for illegal business practices, under foreign laws. That worried many counties. Legal ramifications that you have absolutely no control over.

      To those people, Open Source software just got a lot more appealing, because a foreign power can't take it away from you.

      --

      -- If we don't stand up for our rights, now, there will be no right to stand up for them later.
    3. Re:Well Duh.... by mpe · · Score: 2

      It would be extraordinarily difficult for me to pirate RedHat when I can get it legally from their website.

      Actually it would be quite easy to pirate Linux. e.g. build an "appliance" without offering your customers the source code.

  10. Wrong assertion from the lawyers by bokmann · · Score: 5, Insightful

    No... Piracy should be defined as 'breaking the license the software was issued under'.

    If they get away with defining 'piracy'=='copying', even in people's perceptions, the main distribution method of linux will be severely hampered. I can't tell you how many times I've seen someone receive a burnt CD with 'Red Hat xx' scribbled with a magic marker, and they ask something like, "is this legal?". It just 'feels' like you are doing something dirty.

    It is only illegal to copy it if you have specifically given up that right. As the GPL says, "Most lices are created with the purpose of taking away your rights..."

    1. Re:Wrong assertion from the lawyers by bokmann · · Score: 2

      In fact, now that I think about it, the BSA's role is 'enforcing the license to prevent piracy'... Maybe someone should ask their help the next time someone takes something that is GPL'ed and tries to turn it into a closed-source product... wouldn't that be 'making illegal copies'? The copies don't follow the license agreement the person agreed to...

    2. Re:Wrong assertion from the lawyers by ocie · · Score: 3, Funny

      JW: So tell me about the free software.

      VV: So what you want to know?

      JW: It's free right?

      VV: It's free, but it ain't 100% free. I mean you can't just walk into Fry's and grab a copy of Red Hat off the shelf without paying for it. You have to download it or copy it from a friend.

      JW: That's because it's under the GPL.

      VV: Right. It breaks down like this It's leagal for you to buy it, it's leagal for you to copy it and if you are into programming, it's legal for you to modify it. Companies can sell the software, but that don't matter, 'cause you can turn around and give away copies of it. Limiting redistribution is a right the GPL explicitly doesn't give developers.

      --
      JET Program: see Japan, meet intere
    3. Re:Wrong assertion from the lawyers by iabervon · · Score: 2

      You are actually required to offer them the source code as well, since reproducing the software is not a right that you have by default. You should probably say, "No, it's not", scribble "Ask XXX for source CD" on the CD, and say, "Okay, now it is. Thanks for reminding me."

      It is illegal to copy without a license. What is legal without a license is using your copy, including transferring it to new media as required to use it (e.g., from CDROM to hard drive or memory, or CD to sound waves). The GPL gives you permission to copy, provided you also offer source.

      You probably doon't really need to offer the source yourself, because Red Hat will provide it directly to whoever asks, even though they only, strictly speaking, have to give source to people who have gotten binaries directly from them.

      Makes me wonder how many GPL binaries out there cannot legally be copied, because the source has been lost.

    4. Re:Wrong assertion from the lawyers by LinuxHam · · Score: 2

      It just 'feels' like you are doing something dirty

      I absolutely 100% do not feel dirty copying Linux CDs. When I copy Linux CDs for people, I try to give them the "30 second sale" (or more like 10 seconds!) with something along the lines of, "Microsoft expects you to pay a couple hundred dollars every few years for the most basic functionality you use on your PC, including surfing the web and exchanging email. Some people have written software that replaces Windows and offers the same functionality. But these people released their software in such a way that no one will ever be required to pay anyone else for a copy of it." I usually carry a set of CDs with me so that when someone says, "yeah, I really have to get a copy of that some day" I can reach into my bag, and reply, "here you go! I could legally charge you for this, but I'm not going to :)"

      --
      Intelligent Life on Earth
    5. Re:Wrong assertion from the lawyers by Wolfier · · Score: 2

      Good point. How do we make FSF a member of the BSA?

    6. Re:Wrong assertion from the lawyers by hacker · · Score: 2
      I can't tell you how many times I've seen someone receive a burnt CD with 'Red Hat xx' scribbled with a magic marker, and they ask something like, "is this legal?". It just 'feels' like you are doing something dirty.
      It's perfectly legal to do... however you probably paid a nice fat royalty to the RIAA and MPAA for the purchase of that blank CDR media, data or otherwise, depending on which country you live in.

      How lovely is it to know you're supporting the illegal extortion tactics of the crooked music industry by burning your favorite free Linux distribution onto a blank CDR media. It's not even music, and the music industry (note: not the artists) benefits.

    7. Re:Wrong assertion from the lawyers by ryanvm · · Score: 2

      As the GPL says, "Most lices are created with the purpose of taking away your rights..."

      Jeez - that's a pretty negative view of lice.

  11. I think their numbers may be off by quinto2000 · · Score: 4, Interesting
    "We can't estimate how much piracy is on the net but in one day we found a million sites under a search for one of the codenames for pirated software," said a BSA spokesperson"
    They forgot to mention that all of the sites had the same broken links to servers that had only porn popups, not warez.

    And wow, it sure took them a long time to figure out the "codeword" for pirated software :)

    --
    Ceci n'est pas un post
    1. Re:I think their numbers may be off by TheTomcat · · Score: 3, Funny

      Google:

      Searched the web for pirated software. Results 1 - 10 of about 73,600. Search took 0.11 seconds.

      Did you mean: warez

      ---

      Searched the web for warez. Results 1 - 10 of about 4,110,000. Search took 0.07 seconds.

      I's an ebil haxxor.

      ---

      S

    2. Re:I think their numbers may be off by SIGFPE · · Score: 2
      1. Warez: 4,290,000
      2. Crackz: 874,000
      3. Serialz: 817,000


      Maybe they used 'crackz' not 'warez'
      --
      -- SIGFPE
  12. Eastern Europe? by ymgve · · Score: 3, Insightful

    If anything, I believe piracy has progressed the software industry there, atleast the MS-centric part of it. If they didn't have illegal copies of Windows and VC++ to develop on, there is no way they'd be able to afford the real thing. So in a way, pirated software helps Microsoft, because then more people are able to develop Windows applications.

    1. Re:Eastern Europe? by geekoid · · Score: 3, Insightful

      Your right.
      You know how MS got so popular? People took copies home from work, installed it on ther machines so they could 'work' from home.

      My 98 system went down this weekend, lost everything. I went to reinstall Ofice 98. Turns out there where in the box that got lost when we moved. You think I'm going to buy my next copy?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Eastern Europe? by Lemmy+Caution · · Score: 2

      The recent essay contest sponsored by Wipout drove this point home: the license cost for a single seat of, say, Visual Studio is as much as sixty percent of the per capita income of your average Sri Lankan. There's no concievable way that people from those parts of the world can afford to put the software on very many machines legally. The options are to pirate or to do without, and doing without doesn't do much for their software industry, or indeed any industry.

    3. Re:Eastern Europe? by HiThere · · Score: 2

      I'm not sure about the Windows OS, and I'm not sure about the time period, but there was a period (brief?) when, at least for Office, it was in agreement with the license for you to install a copy on your home machine as well as your work machine provided that you were the only person to use either copy.

      The next time I checked the license (a different version) the wording had changed, and that was no longer legal. (Perhaps this was after the MS compiler had triumphed over Borland's?)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  13. Make up your minds... by Drachemorder · · Score: 3, Funny
    Make up your mind, Microsoft! Is it piracy, or is it just a virus?

    Sheesh. Are there any insulting comparisons Microsoft hasn't yet made?

    1. Re:Make up your minds... by oyenstikker · · Score: 2

      Linux's mother was a hampster, and its father smelt of elderberries!

      --
      The masses are the crack whores of religion.
  14. Lower prices? Yeah, right. by Chewie · · Score: 3, Insightful
    My favorite part was the quote from the story:
    He does believe that stopping the pirates could have a dramatic effect on the current pricing of software, however. "As the legal market grows, there is more investment in new products and enhanced competition. A healthy market leads to more attractive prices for consumers," he said.
    Anyone want to wager what the odds of BSA members dropping their prices will be? I'm guessing something involving a snowball and Hell.
    --
    49 20 68 61 76 65 20 74 6F 6F 20 6D 75 63 68 20 66 72 65 65 20 74 69 6D 65 2E
  15. Open source: the solution to piracy by mikosullivan · · Score: 2

    It's darn nice of Microsoft to admit that it's not stealing if someone gives it to you. What they and the BSA are still dancing around is that open source is one of the very best solutions to piracy. An organization that uses only open source won't have to waste its time and money maintaining license compliance. Of course, this doesn't help software sellers, but in the spirit of the very capitalism they claim to support: that's their problem. The companies who make money in some way besides selling software (i.e. most of us) aren't obliged to provide welfare to Microsoft.

    --
    Miko O'Sullivan
  16. Re:Still Unclear on MSFT's Strong Dislike of Linux by elflord · · Score: 3, Insightful
    How anyone actually associates Linux with Piracy is beyond me and reflective of a lack of understanding the spirit of MSFT's gripes.

    The problem is that you have software like Napster that represents the freeloader movement getting confused with the free software movement. Popular websites like slashdot do more to hurt than to help with this problem. A lot of people are under the false impression that Linux and open source are about "free beer", and if you believe that, then it's not an enormous stretch to conclude that Linux is about piracy.

  17. New Acronym? by ocie · · Score: 2, Interesting
    software sales are forecast to grow from $50 billion in 2000 to about $90 billion by 2005

    What do you expect. Software is write-once sell-many (WOSM)


    --
    JET Program: see Japan, meet intere
  18. Re:Lower prices? Yeah, right. by phloon · · Score: 2

    You don't think it'll lower prices? Remember when music started coming out on CDs? They said that would lower the price of music recordings...

    They were so right.......

  19. Re:Atoms != Electrons by 56ker · · Score: 2, Insightful

    I would say that part of the secret behind Microsoft's success is that there are plenty of people out there running pirate versions of Windows on their desktop. Without these - Microsoft would have far less of a monopoly.

  20. Opportunity cost by Kris+Warkentin · · Score: 4, Insightful

    Lots of money will continue to be made in software simply because piracy is a pain in the tuckus. If you come right down to it, most software hasn't really gotten that much more expensive over the years.

    Take games for example. They still usually cost around $50 bucks, just like they have for years. I pay $50 dollars for my tax program every year now because, after all, what's $50 bucks? 10 years ago it cost the same and we used to get 5 people together and pay $10 bucks each. Now we just buy it because it's more of a nuisance to pirate than it is to just pony up the cash.

    Games are relatively cheap too. If you use a pirated version, half the time you're having problems like, "I need the latest 1.09 patch for such and such bug/feature but it breaks my 1.07 pirated no-cd version". It's just easier to buy it than it is to go surfing warez sites/kazaa, etc. My time is more valuable than that.....surfing for warez takes time away from gaming. ;-)

    --

    In Soviet Russia, hot grits put YOU down THEIR pants.
    1. Re:Opportunity cost by Danse · · Score: 2

      Everything else even remotely related to computers has gotten drastically cheaper over the years. Everything except Microsoft's software. It has actually gotten more expensive. Gee... I wonder why that is... could it be... monopoly?!

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    2. Re:Opportunity cost by interstellar_donkey · · Score: 2

      If you use a pirated version, half the time you're having problems like, "I need the latest 1.09 patch for such and such bug/feature but it breaks my 1.07 pirated no-cd version".

      So all the bugs that are in games in the first release are'nt due to bad coding, poor QA, and market forces rushing to get games out in time; They are really copy-protection elements. I never thought of it that way, but gosh, it makes sense.

      --
      The Internet is generally stupid
    3. Re:Opportunity cost by sheldon · · Score: 3, Insightful

      " It has actually gotten more expensive."

      Prove this statement. I dare you.

      Go back and check the price of the original DOS, the original Windows... Windows 95 and so on. The price of the OS has remained almost constant as long as I can remember.

      Then if you go and compare the price of Microsoft's offerings to other comparable products in the industry you'll see software has gotten drastically cheaper because of Microsoft.

    4. Re:Opportunity cost by jgerman · · Score: 2
      Actually I wouldn't say ALL of them, but I've often suspected game companies of having some bugs that are fixable with the patch that's released three days later.


      I was actually thinking about that this weekend. After I rebuilt my woindows box I decided to install Diablo II which needs to be registered in order to download patches (AFAIK), I haven't tried yet, but I don't know if there's any identifying information I need to give them (pw ect.) to get the latest patches. If there are, I sure as hell don't remember them. Furthermore, what if I had sold the game. Perfectly legal, but the next owner couldn't register it so can't get the patches.

      --
      I'm the big fish in the big pond bitch.
    5. Re:Opportunity cost by interstellar_donkey · · Score: 2

      I was being a little flippant there... but it sure as heck feels that the game companies go out of their way to make sure you can't update your game (in some cases, making the game playable) if you have a pirated copy.

      What really burns me is how so many games now require you to put the CD in just to play it. I keep all my CDs on a shelf, and I don't want to have to walk accross the room to find the CD, put it in the drive, just to play my favorate game. I want to be able to just start it up and go.

      So I go and download the CD cracks. I own the game, I own the right to play it, I simply don't want to have to go through the process of finding and putting in the CD.

      So I put the crack on it. Then, foolishly, I download the patch, only to find it won't run right anymore, and have to go through the whole thing again until I get too fed up and buy a new one.

      If I spent more time playing games, that would really start to anger me.

      --
      The Internet is generally stupid
    6. Re:Opportunity cost by glwtta · · Score: 2
      Yeah, at one point I realized that I could make more than $50 in the time it takes to find (and get to work) a pirated version, a lot more.

      Incidentaly, I stopped wasting time playing stupid computer games for the same reason, a bit later on.

      --
      sic transit gloria mundi
    7. Re:Opportunity cost by nathanh · · Score: 2
      It has actually gotten more expensive

      Go back and check the price of the original DOS, the original Windows... Windows 95 and so on. The price of the OS has remained almost constant as long as I can remember.

      Ok. I went to this report and inflation-adjusted figures show that Windows cost 10% more in 1999 than it did in 1990.

      Then if you go and compare the price of Microsoft's offerings to other comparable products in the industry you'll see software has gotten drastically cheaper because of Microsoft.

      Correlation is not cause. Microsoft is not responsible for prices going down any more than IBM is responsible or Apple is responsible.

    8. Re:Opportunity cost by nathanh · · Score: 2
      It's interesting how the report not only ignores this but tries to use it as proof that Windows costs more. In Figure 1 they note the dramatic increase in the price of Windows 95 from Windows 3.1, but they don't point out that was because Win95 included a copy of DOS.

      Your counter-argument would be valid if Microsoft had released a "Windows 95 without DOS" product. Because there was no such product you cannot claim that Windows 95 was "cheaper" than the sticker price by the price of DOS.

      My argument stands as-is. You have not successfully argued against the facts in that report.

    9. Re:Opportunity cost by sheldon · · Score: 2

      That has got to be the lamest counter argument I've ever seen.

      What's even lamer is the fact that instead of trying to counter it with logic you and your cronies decided instead to mod me down. Hmm, can't stand the truth I guess.

    10. Re:Opportunity cost by nathanh · · Score: 2
      That has got to be the lamest counter argument I've ever seen.

      I'm sorry you feel that way. It makes sense to me. Perhaps you'd like to explain what's "lame" about it instead of being dismissive?

      What's even lamer is the fact that instead of trying to counter it with logic you and your cronies decided instead to mod me down. Hmm, can't stand the truth I guess.

      I don't have any "cronies" and I can't moderate a discussion that I've posted to. Did you consider the more plausible possibility that other people (besides myself) think you are wrong?

    11. Re:Opportunity cost by sheldon · · Score: 2

      "I'm sorry you feel that way. It makes sense to me. Perhaps you'd like to explain what's "lame" about it instead of being dismissive? "

      Oh come on, are you bloody serious?

      Look at what you wrote:
      "Your counter-argument would be valid if Microsoft had released a "Windows 95 without DOS" product. Because there was no such product you cannot claim that Windows 95 was "cheaper" than the sticker price by the price of DOS. "

      How exactly does this make the argument invalid? If anything this would only make you argument valid.

      But the fact is in order to run Windows 3.1 you needed to buy DOS, thus the price of Windows was Windows 3.1 + DOS. If Windows 3.1 was $100, and DOS $50... the price is $150.

      Thus it is not fair to compare the price of Windows 95 to just that of Windows 3.1.

      "Did you consider the more plausible possibility that other people (besides myself) think you are wrong?"

      No, but I have considered the possibility that the anti-MS/OSS contingent is becoming more and more desperate as it becomes apparent they are losing the battle.

      Your argument on the pricing of Windows is just one example, your cronies mass down-moderation is yet another.

    12. Re:Opportunity cost by nathanh · · Score: 2
      But the fact is in order to run Windows 3.1 you needed to buy DOS, thus the price of Windows was Windows 3.1 + DOS. If Windows 3.1 was $100, and DOS $50... the price is $150.

      That seems like faulty reasoning to me. If I already had Windows 3.1 plus DOS, and I wanted to upgrade to Windows 95, why would I want to purchase another copy of DOS? I'd want to reuse my existing copy. The "bundled DOS" has $0 value to me.

      Also why would I want to use Microsoft DOS? DR-DOS was also available. Perhaps FreeDOS would have been usable because of increased attention to it. IBM had PC-DOS and it's probable they would have shipped Windows 95 + PC-DOS.

      Also the $50 "sticker price" of DOS covers more than just the license. It covers the cost of the box, the manuals, the shelf-space, and the support. You get none of these things when you buy the "bundled DOS" in Windows 95: you would only get the manuals and support for the Windows component. So the "bundled DOS" is clearly not worth the full $50.

      Also you're arguing that because Windows 3.1 required DOS to boot that you must add the price of DOS when comparing Windows 3.1 against Windows 95. This reasoning itself is bogus. Windows 95 required more RAM than Windows 3.1: should we add the cost of this RAM to the price of Windows 95? The report and I are comparing the price of Windows. You want to compare Total Cost of Ownership but you are being selective in what contributes to that total.

      Finally, you have no idea how much the version of DOS actually cost. Windows 95 shipped with something that was nominally called "DOS 7.0". It was incomplete compared to earlier versions and you could not install it standalone. Because it wasn't a fully featured version of DOS it's not valid for you to choose its value at $50 based on earlier versions of DOS. Could I even buy a standalone version of DOS 7.0? To me it is clear that buying DOS + Windows 3.1 as two seperate products has more value than buying Windows 95 with a crippled sub-DOS: there is more value to DOS than as nothing more than a bootloader and interrupt handler for Windows.

      No, but I have considered the possibility that the anti-MS/OSS contingent is becoming more and more desperate as it becomes apparent they are losing the battle. Your argument on the pricing of Windows is just one example, your cronies mass down-moderation is yet another.

      I'd suggest that you read what you wrote here in about 1 year's time, because you sound quite insane. There is no "contingent" of "cronies" here on a vendetta against you. I believe a number of people just think you're wrong.

  21. Linux Piracy numbers by fabiolrs · · Score: 2, Funny

    In other news: "Mozilla piracy has grown 12% last year according to MS sources. Also, GIMP piracy has also grown considerably."

    Come on MS... come on... grow up!

    --
    Fabio - Sumare/Sao Paulo/Brazil/South America/Earth/Solar System/Milky Way/Universe
    http://www.morroida.com.br
  22. Duh. by NoMoreNicksLeft · · Score: 2

    Even Gates never failed to make the distinction. Linux is a cancer, remember, not piracy.

    Besides, at least the pirates use windows. Us linux users are much more lowlife, in their opinion.

  23. It's so nice to have their sanction! by Tri0de · · Score: 3, Funny

    In other news Micro$oft spokesman says "we magnanimously concede that breathing oxygen is not, in and of itself, stealing from us".

    To me, the big brotherish quote was:

    "Criminal organisations can sell software direct, as well as through retail channels," said Symantec lawyer Art Courville. "So, it is harder to monitor."

    yep- can't have that ol' free market in the way, somebody might be doing something unlawful

    --
    "Everyone is entitled to their own opinion, but not their own facts."
    1. Re:It's so nice to have their sanction! by MaxwellStreet · · Score: 2

      Hehe. Criminal organizations . . .

      Microsoft was found to be a criminal organization, in violation of anti-trust laws here in the US. I reckon they -do- sell software both retail and direct.

  24. Well... by Sarcasmooo! · · Score: 2, Offtopic

    It may not be piracy, but it sure stole my heart.

    aawwwwww...

  25. Re:Still Unclear on MSFT's Strong Dislike of Linux by rutledjw · · Score: 2
    With GPL software you can't sell the software itself, the expenses of developing the software must be shifted elsewhere.
    Sure you can! RedHat, SuSE, etc all sell Linux. You have to provide the SOURCE for the GPL'ed portions, that's what has to be provided. I don't think SuSE even provides dowloads of thier distro anymore.

    They provide the source, but not the actual ISOs or other form of download. I consider myself pretty savvy when it comes to dealing with OSS software, and I wouldn't want to take on compiling all of the elements of a distro!

    Minor difference? Am I nitpicking? Maybe, but it's still important!

    --

    Computer Science is Applied Philosophy
  26. Easter Europe by pmancini · · Score: 5, Interesting

    The remark about piracy holding Eastern Europe back is partially right. In Russia, Ukraine and other states you can pick up just about any software for next to nothing. Imagine paying $1.80US for Windows XP Professional? The piracy rings there are so good you get it fully cracked, you get it in nice packaging and if you need help they can sell you a ton of books that have been scanned into PDF format also on CD.

    The problem isn't piracy. It is a lack of respect or even awareness of Intellectual Property in my opinion. There is no respect for it at all, it seems, in these countries. Their legislatures are just now starting to examine laws concerning it. I am not sure which industry is bigger: China's piracy rings or Russia's. In China the piracy goes to aid specific Red Army units (in fact the rings are allegedly controled by Army Generals).

    It is an interesting problem. While we want to business with these countries, lack of protections makes it nearly impossible. At least under the rules and structure of Capitalism. While those rules can lead to our current situation where we have an agressively bad and dangerous monopoly controlled by Bill Gates, they generally are good and promote sane business practices. My hope is that Eastern Europe reforms. With China, I don't see and end coming to their ways of doing business.

    1. Re:Easter Europe by j09824 · · Score: 2
      I completely agree: getting Windows XP "Professional" for a mere $1.80 would be enough to sabotage the intellectual development of any nation. Trash like that should be made so expensive that it is out of the reach of most people.

      Let's hope the Eastern European legislatures crack down on this kind of problem. When Windows XP costs $200, as God intended it to, then open source software will look a lot more attractive to those people.

    2. Re:Easter Europe by mickwd · · Score: 2

      "The problem.....is a lack of respect or even awareness of Intellectual Property in my opinion".

      Perhaps, as they are different countries to your own they have different cultures, different ideas and different laws.

      Perhaps it is you who is showing a lack of respect.

      And as for the proceeds of piracy going directly to the Red Army......are you some sort of CIA intern on a Propaganda 101 course ?

    3. Re:Easter Europe by cybercuzco · · Score: 2
      While we want to business with these countries, lack of protections makes it nearly impossible. At least under the rules and structure of Capitalism.

      Pure capitalism has only one rule, supply and demand. Somone needs to take a course on economics. In a true lassiz faire free market economy, there are no rules and regulations. The market for products drives the price. if somone can produce something for cheaper and people are willing to buy it, it will get made. This is what is happening in Russia and China. Entrepreneurs are able to manufacture CD's with software on them for cheaper than the original manufacturers can. These entrepreneurs also dont need to pay R&d costs for the software, so they get an additional savings. Its like generic goods. I could buy Kleenex, or i could buy generic facial tissue. Yes generic facial tissue is a little rough around the edges, but it performs exactly the same function as kleenex does, at a cheaper price. Thats Capitalism.

      --

    4. Re:Easter Europe by kruczkowski · · Score: 2

      That's the hole point.

      Microsoft wants people to get hooked on the software, make a name so when to do get in the position to recomend software for an organization they will recomend what they know and that will be MS.

      And in Ukrane every CD is $2, be it porn or Windows XP Pro. Office XP Pro will be $8 for the 4 cd's. And if you want to know, wives cost $2000 and it includes lawyer fees and papers to get her in the US. I know becouse they have big ads at the airport.

      --
      hmm... for fun I enjoy launching DDoS attacks against 127.87.42.5
    5. Re:Easter Europe by Reziac · · Score: 2

      It's doubtless a whole lot easier to have an "awareness of intellectual property" if you're making more than $40/month, as is all too common in that part of the world.

      IOW, don't expect people to pay U.S. prices in countries where U.S. income levels don't apply, regardless of the people's personal ethics about illegally-copied software. That $1.80 per copy may well be a higher proportion of the buyer's income than the $180 you paid in the U.S.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  27. Re:Was there a question? by johnburton · · Score: 3, Insightful

    Well even the GPL license states that you can't just copy the software without agreeing to the license agreement, and so it's pretty safe to assume that unless you know otherwise that it's "piracy" to just copy the software. That's true for both "commercial" and "free" software - you need to agree to the license (including paying any fees etc.) to be able to copy the software legally. As most "non-computer" people have little idea about how their software is actually licensed, it's probably fair to assume they don't know the difference between free software and pirated software. We might not like that level of ignorance, but I suspect it's true.

    --
    Sig is taking a break!
  28. Re:Still Unclear on MSFT's Strong Dislike of Linux by jordan_a · · Score: 2

    That doesn't explain why they are on a holy war against all things GPL. If they don't want to use it, that's fine, but why bitch that nobody else should use it either?

  29. Piracy works for Microsoft by totierne · · Score: 2

    Microsoft would secretly love to carpetbomb Eastern Europe, Russia, China etc. with their software.

    People learn to use Microsoft and end up paying later, or encouraging other people to use microsoft through a network effect ('everyone uses Word/Excel'). If Microsoft software was available only at full price they would be more likely to try other alternative. The main battle is for mindshare not dollars.

    Piracy allows microsoft to effectively sell cheap, without being accused of dumping.

  30. Re:Atoms != Electrons by spectecjr · · Score: 4, Insightful

    Why do they insist on equating an illegal copy with a stolen copy. The "thief" in the stolen copy case has not deprived the owner of the copyright of anything, the victim still has everything he had before the "theft"

    Here we go - in very tiny words for you, ok?

    You go into a store. Software Product A is sitting on the shelf for $10.

    You go around to your friend's house. Software Product A is copied to you for free.

    Producer of Software Product A has now lost a $10 sale.

    Whether you would have bought it for $10 or not is irrelevant - you made a copy, so it obviously has value to you.

    Therefore, you are depriving the software company of their profit on that product.

    If you disagree with this, then fine, disagree with the software company too - and DON'T USE or COPY THEIR PRODUCT.

    Simon

    --
    Coming soon - pyrogyra
  31. Well, at least they are making that clear by JudasBlue · · Score: 5, Interesting

    This is probably off topic, but I feel the need to share it.

    It is easy for those of us hip to the open source movement to laugh at this crap from MS, even though we know that some end users and such might be taken in by it. But the depths to which MS FUD penetrates the general IT community is bloody incredible to me.

    Yesterday I was talking with a mid-level QA engineer from Apple. This guy is working on a very complex product. He knows how to code.

    We start talking about software development, and I mention some things I am working on, mostly centered on Linux. At which point he says:

    "That's cool, but anything you do on Linux you would have to give away for free, right?"

    Contrary to what everyone is thinking, this guy isn't stupid. He isn't even technically inept. He works on a complex project and knows what he is doing in his problem domain.

    Anything that MS might say about Linux and open source that isn't totally negative should be lauded, because a LOT more people than some of us realize, people we think should know better, apparently are buying pretty much everything MS is trying to spread about open source and Linux.

    --

    7. What we cannot speak about we must pass over in silence.

  32. Someone needs to call shenannigans... by Danse · · Score: 3, Informative

    I can do a search for "warez" right now and probably come up with at least a million sites. These guys are so full of shit it should be criminal. They are deliberately misleading people about this issue. So, is anyone standing up to call them on it? Who has the clout to be heard there?

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  33. another wrong assertion by stevenj · · Score: 4, Informative
    It is only illegal to copy it if you have specifically given up that right. As the GPL says, "Most [licences] are created with the purpose of taking away your rights..."

    You've got that backwards. It is only legal to copy a copyrighted work (other than for fair use) if you've been specifically granted that right by a license (e.g. the GPL). (IANAL)

    The default under copyright law is to forbid copying; most shrink-wrap "licenses" try to restrict your rights beyond the ordinary powers of copyright.

    --
    If a thing is not diminished by being shared, it is not rightly owned if it is only owned & not shared. S. Augustine
    1. Re:another wrong assertion by bokmann · · Score: 2

      OK, I agree that the default under copyright law is to prevent the copying, but my point still holds, that people need to understand that they are ALLOWED to copy linux.

      It is completely in the spirit and letter of the license that I can download any linux distro and install it on an infinite number of machines.

      Most people instinctively feel that you must be doing something wrong.

      The comment from the lawyer makes it sound like they are 'graciously' allowing that.

  34. A whole day? by JediTrainer · · Score: 5, Funny

    It took them a whole day?

    Geez. A quick Google search on 'warez' yields not merely a million, but 4,290,000 sites!

    Search took 0.04 seconds. How much are they paying these guys?

    --

    You can accomplish anything you set your mind to. The impossible just takes a little longer.
    1. Re:A whole day? by nolife · · Score: 2

      Maybe they used the MSN search engine (search.msn.com) where the first result returned is the BSA homepage, followed by a slew of FBI, Microsoft, and various other anti-piracy pages.

      I'd say the MSN search is slightly askew, a sad attempt by MS to control information. Thank you Google.

      --
      Bad boys rape our young girls but Violet gives willingly.
  35. SHHHH!!!! Don't say the code word! by Restil · · Score: 5, Insightful

    "We can't estimate how much piracy is on the net but in one day we found a million sites under a search for one of the codenames for pirated software," said a BSA spokesperson.

    I assume here they are referring to "warez". And yes, you will get a LOT of hits if you put that into a search engine. However, before you get TOO excited about it, understand that 99 times out of 100, you're more likely to find porn than pirated software if you actually visit any of those sites. Its a completely meaningless association.

    The majority of "warez" trading is done through IRC or usenet. Yet those who are striving to rid the internet of piracy rarely mention these treasure troves. Certainly they get mentioned as the breeding ground for evil "hackers" and for child porn distribution, but as far as piracy goes, they tend to stay rather mum about it.

    Could it be that their only real mission is one of sensationalism? They know for a fact that the average clueless newbie will do a hunt for pirated software on the web (because as far as they know, the web IS the internet), and will be disillusioned by all the porn websites, banners, and popups that they will figure its more trouble than its worth. They might trade with their friends and download some mp3's off Morpheus, but that will be the limit of their piracy activities.

    However, if lots of news articles spent a great deal of time complaining about the rampant piracy on IRC and usenet and other places, then that clueless newbie might actually decide for once that a clue isn't such a bad thing and venture into that world. "What do you mean that IE can't go there???" But once entrenched in that world, they'll be very difficult to "retrain".

    The public at large has been convinced by and large that child pornography and hacking are indeed "Bad things (tm)" and will probably avoid those places that distribute them. But software piracy hasn't reached that degree of evil in most people's eyes. So they will to some small degree actually seek it out. And deep down, there's probably an even bigger fear. Their preverbial sheep might stumble across something dangerous. "What's this here linux thing all about???"

    ok. Fine. Mod me down. :)

    -Restil

    --
    Play with my webcams and lights here
    1. Re:SHHHH!!!! Don't say the code word! by phaze3000 · · Score: 2

      Fortunately most of the Razor1911 members aren't in the Americas. I believe DoD were targetted because most of their members were. I suspect that assuming the authorities feel that games piracy is a worthy target too (apps piracy seems to be their usual target, presumably because at $3000 for a piece of software it's much easy to invent these massive 'losses due to piracy', despite the fact that the vast majority of people downloading wouldn't have a hope of getting $3000 to spend on anything, let alone a piece of software they barley need) CLASS will be the next target, assuming they're still active (I'm not really into the warez scene any more, or at least not the PC warez scene.. :))

      --
      Blaming GW Bush for the Iraq war is like blaming Ronald McDonald for the poor quality of food.
    2. Re:SHHHH!!!! Don't say the code word! by Ian+Peon · · Score: 2
      I assume here they are referring to "warez".


      Naw, that's not it... remember that their saying that "copying" == "piracy"...


      Their search must have been for "GNU"

  36. In even tinyer words (or is that more tiny) by nyet · · Score: 2

    Nice twist with "the product has value to you" mental gymnastics... so here's a few questions for you.

    1) What if getting a copy the product required no effort on my part?

    2) Are all things I get free of charge that are "of value to me" AND that somebody else sells piracy? For example, I hire somebody to clean my windows, I learn how they do it, then fire them and clean my windows myself. Is that piracy? Or shall we patent/copyright "a method for cleaning windows?"

    1. Re:In even tinyer words (or is that more tiny) by parliboy · · Score: 2
      nyet:

      Did you pay them for cleaning your windows before you fired them, or did you ask to know what their technique was under the pretense of hiring them, and then use their technique to do it yourself? If the latter, it's not piracy, but it is fraud. Submit yourself for flogging. And don't say that window cleaning is something that falls under common knowledge. After all, you had to learn it from a professional, didn't you?

      --
      "You're never ready, just less unprepared."
    2. Re:In even tinyer words (or is that more tiny) by x-empt · · Score: 2

      Or shall we patent/copyright "a method for cleaning windows?"

      Haha, yeah its called Windex. Hundreds of patents for cleaning windows...

      Why hasn't Microsoft attacked Windex as much as they've been attacking the GPL?

      --
      Ever need an online dictionary?
  37. Re:Atoms != Electrons by asmithmd1 · · Score: 2

    So you are saying that if I go into a store and put a copy of The Sims under my jacket and walk out without paying it is the same as burning an illegal copy of a friend's game? I have to disagree

  38. Re:Still Unclear on MSFT's Strong Dislike of Linux by elflord · · Score: 2
    Sure you can! RedHat, SuSE, etc all sell Linux.

    No, they don't. If they were "selling Linux", ftp.kernel.org would be a better deal.

    They provide the source, but not the actual ISOs or other form of download. I consider myself pretty savvy when it comes to dealing with OSS software, and I wouldn't want to take on compiling all of the elements of a distro!

    Exactly. They're selling the packaging and more importantly, maintenance of that packaging. They are not selling the software itself. In particular, they may fund software development, but this doesn't directly provide them with revenue (because the end result of that development is given away)

  39. Re:Still Unclear on MSFT's Strong Dislike of Linux by scott1853 · · Score: 4, Insightful

    Comments like yours do more to hurt than to help with this problem.

    Ok, if you're going to mark /. as the root of all evil then at least explain yourself.

    Secondly, Yes, a lot of people are under the impression that open source means "free as in beer" because it DOES! Look at Freshmeat or SourceForge and try to find some pay products. The percentage probably can't get measures in whole numbers.

    Lastly, who the hell that reads /. or knows what open source is, doesn't know that Linux is an OS and not an idea or an action.

  40. Bradford L. Smith by deft · · Score: 3, Informative

    "Look at the Brain on Brad!"

    Smith graduated summa cum laude from Princeton University, where he received the Class of 1901 Medal, the Dewitt Clinton Poole Memorial Prize, and the Harold Willis Dodds Achievement Award, the highest award given to a graduating senior at commencement. He was a Harlan Fiske Stone Scholar at the Columbia University School of Law, where he received the David M. Berger Memorial Award. He also studied international law and economics at the Graduate Institute of International Studies in Geneva, Switzerland. He has written numerous articles regarding international intellectual property and electronic commerce issues and has served as a lecturer at the Hague Academy of International Law.

    --

    There's nothing Intelligent about Intelligent Design.
    1. Re:Bradford L. Smith by HiThere · · Score: 2

      True. The credentials means that he's probably lying by policy instead of by accident. All the credentials in the world won't change a false statement to a true statement.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  41. How about a trademark? by drew_kime · · Score: 4, Funny

    Or shall we patent/copyright "a method for cleaning windows?"

    I believe Linus holds the trademark on "Linux," and I've used it to clean Windows off of several systems.

    --
    Nope, no sig
    1. Re:How about a trademark? by Decimal · · Score: 2

      | Input command:

      > TRADEMARK "FORMAT C:\"

      | WARNING! This will cause you to recieve royalties anytime someone decides to uninstall Windows. Are you sure you want to do this?

      > Y

      | Screwing consumers: 31% complete...

      --

      Remember "Bring 'em on"? *sigh
  42. Re:Atoms != Electrons by spectecjr · · Score: 2

    I made a copy FOR FREE, rather than buy it.
    Assume that sans this option, I wouldn't
    have bought it. That means the value it has
    for me is less than the amount they are asking.
    Possibly, near zero value.

    They lost no profit, because they never would
    have made any off me.


    It's leeches like you that give leeches a bad name.

    Look: they don't want to give you free entertainment. They want to sell entertainment to others.

    If you don't like that, don't do it. Don't fuck with other peoples livelihoods just because you're too cheap to buy your toys.

    I hope one of these days I get the opportunity to steal from you.

    Simon

    --
    Coming soon - pyrogyra
  43. Re:Still Unclear on MSFT's Strong Dislike of Linux by flatrock · · Score: 2

    They don't sell Linux. They charge for the distribution media and support. They legally can't sell Linux. They also developed very little of what goes into their Linux distributions. They are making money distributing other people's software and providing support. Red Hat, SuSE, etc are NOT software companies. They do very little product development, and have very little overhead because the software they support and distribute is free.

  44. Funny numbers by EastCoastSurfer · · Score: 5, Insightful

    "The meeting was told that in 2000 the software industry in Europe lost $3bn to pirates."

    I am always curious where they actually come up with these numbers. Some kid in his basement downloading a $3,000 software package hasn't actually cost the industry anything b/c he wouldn't have bought it anyway. Now if a company like IBM bought 1 copy of office and installed on every corporate desktop then I think that is a real problem. The real question is how many companys are really in gross violations of the current laws?

    1. Re:Funny numbers by Stonehand · · Score: 2

      If the kid and other kids like him created a demand and the $3000 software package got duplicated at least partly because of him, he caused damage.

      If he downloaded it instead of buying a cheaper alternative that he might have opted for instead, well, yes, he caused damage.

      If he spreads the meme that software infringement is alright, say, "at least if it's Microsoft or {insert big-company-name here}" he's also causing damage, as he's encouraging others. People don't act in isolation. Recall that Napster worked because of numbers -- more people infringing meant lots of sources for people to download.

      As for companies, well, that's why there are audits...

      --
      Only the dead have seen the end of war.
    2. Re:Funny numbers by dirk · · Score: 5, Insightful

      "The meeting was told that in 2000 the software industry in Europe lost $3bn to pirates."

      I am always curious where they actually come up with these numbers. Some kid in his basement downloading a $3,000 software package hasn't actually cost the industry anything b/c he wouldn't have bought it anyway. Now if a company like IBM bought 1 copy of office and installed on every corporate desktop then I think that is a real problem. The real question is how many companys are really in gross violations of the current laws?


      I have no idea how they arrive at that number, but in reality ever copy of software that is downloaded (and used, so they people that just trade software and never use any of it don't count) usually costs someone something. If someone needs a photo editing program and they d/l a cracked copy of Photoshop, they most probably would not have paid for Photoshop, so they rightly did not cost Adobe $500 (or whatever the going rate is). Of course this is not always true, but in a general sense. It is the makers of the Gimp and small apps like Paint Shop Pro that have really lost the money (okay, Gimp lost users not money, but they still lost something). These people probably can't afford Photoshop and probably wouldn't have bought it, but they probably can afford a cheaper app (or a free app) but they don't use it because they can pirate Photoshop for free. If they need a photo editing app, they may not have bought Photoshop, but they would have bought something if they really needed it. But instead they bought nothing, choosing to get a pirated version instead. So no, ever person who d/ls and uses a cracked copy of Photoshop is not costing Adobe $500, but they are costing the smaller companies and free software instead.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    3. Re:Funny numbers by jfengel · · Score: 2

      Nearly every corporation I've ever seen has at least a few instances of people who should have been buying software but chose to pirate it instead. That's often by re-installing software that they already own a license to, since few licenscing schemes bother to detect that.

      This is often done more for convenience than because people are making some sort of economic decision like, "MS Word is worth only $50 to me, so I'll make a second install of this one that I paid $100 for." If you go out to buy the software, you need to get money out of some budget for it, and have to justify that purchase. Even if the purchase is totally justifiable, it's usually just easier to steal it. These are people who want to get their work done.

      I've never known a company to resort to getting it off warez sites, precisely because that would require some effort.

    4. Re:Funny numbers by armb · · Score: 2

      > I am always curious where they actually come up with these numbers.

      Made them up, probably. 78.5% of all statistics are made up on the spot to sound good.

      --
      rant
  45. You missed a step by drew_kime · · Score: 3, Insightful

    You go into a store. Software Product A is sitting on the shelf for $10.

    You decide that Product A isn't worth $10 to you. (The step you missed)

    You go around to your friend's house. Software Product A is copied to you for free.

    Producer of Software Product A has now lost a $10 sale.


    Oops, except that the producer wouldn't have had that sale anyway. So while the revenue lost to unauthorized redistribution is probably non-zero, it is ceratinly not the total retail value of the number of unauthorized copies.

    --
    Nope, no sig
    1. Re:You missed a step by slamb · · Score: 2
      > > You go into a store. Software Product A is sitting on the shelf for $10.

      > You decide that Product A isn't worth $10 to you. (The step you missed)

      > > You go around to your friend's house. Software Product A is copied to you for free.

      All other things being equal, if there were a product being sold at Store A and Store B for $50 and $30, respectively, I'd buy it at Store B. It doesn't mean it wasn't worth $50 to me, it meant I didn't want to burn $20.

      Granted, all other things are not equal here - to most people, not breaking the law is worth something. But it is not true that all people who pirate software do not consider the software to be worth its purchase price.

    2. Re:You missed a step by jedidiah · · Score: 2

      As soon as you make comparisons to corporal theft, any agument you try to make is morally bankrupt. Liars posses no moral superiority.

      You also ignore the possibility of simply doing without. There's a strong likelihood that the $10 product simply won't be bought, PERIOD. The asking price may simply be too high. So the buyer doesn't bother. There is also the possibility of USED software as well as deep discounts that occur after a product has been on the market for awhile.

      The real effect might be something more along the lines of the $2 that the product in question might sell for in a bargain bin 6 months after it was originally released.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  46. +1 Nitpick, +1 correction by jonnythan · · Score: 2

    Sorry, but not only are you wrong, but the substance of your comment is about style, not grammar.

    "Progress" is usually an intransitive verb, but it does have an (mostly obsolete, but coming back in style as you noted) usage as a transitive verb.

  47. How bad Piracy can get by codefungus · · Score: 2, Interesting

    One big motivation to stomp out piracy is the current piracy situation in China. It's pretty amazing, I think.
    Right now, Piracy is such a problem in China that it actually has an impact on their economy. However, the piracy is not on software like Microsoft Office or Adobe Photoshop, it's on the software that governs assembly lines and supports large scale manufacturing, etc.
    It's so established that there are actual private networks that have been built specifically for shuffling pirated software back and forth.
    So why doesn't the government go after these private networks? Because the cost of bandwidth on these networks is much cheaper than the regular service providers...which means you have regular, legal companies using these pirate networks for everyday business use. And to top it all off, the average joe looks at these pirates as the underdog against the big bad govnt. The Chinese government can't touch these nets because they risk putting a lot of small businesses, well, out of business.
    That's pretty scary to me.

    --
    -- A cat is no trade for integrity!
  48. For future reference... by eyeball · · Score: 5, Funny
    Linux is also not...
    • A vegitable
    • An animal
    • A mineral
    • A verb (although I have heard people say "let's linux this project," which made me want to slap them)
    • A birthcontrol device (well, arguably)
    • A form of martial arts
    • A cure for the common cold
    • A paint remover
    • A shoe manufacturer
    • A religion (arguably)
    etc...

    --

    _______
    2B1ASK1
    1. Re:For future reference... by Sosarian · · Score: 2, Funny

      # A birthcontrol device (well, arguably)

      boot: Do you consider yourself a celebrity?

      Torvalds: Sometimes. At conferences I have a lot of people coming up and talking to me. But at the same time I don't have young girls coming and screaming at me and throwing their underwear! Which is just as well, as I'm a married man!

    2. Re:For future reference... by zCyl · · Score: 2

      # A form of martial arts

      Sensei Stallman might disagree.

  49. Scary reference to copying by Guido69 · · Score: 2, Interesting
    ...'Linux is a way of developing software whereas piracy is copying.'...

    This quote scares me. Nothing to see here regarding Linux and piracy. The second half of the sentence carries the real message MS wants to bring forth. Come on, say (chant) it after me:

    Linux is a way of developing software whereas piracy is copying.
    Linux is a way of developing software whereas piracy is copying.
    Linux is software whereas piracy is copying.
    Linux is software whereas piracy is copying.
    Piracy is copying.
    Piracy is copying.
    <therefore>
    Copying is piracy.
    Copying is piracy.

    Maybe I'm just being paranoid, but I don't think so. MS has a long history of very careful wordsmithing when it comes to public statements.

    --
    - If we aren't supposed to eat animals, then why are they made out of meat? - Steven Wright
    1. Re:Scary reference to copying by interstellar_donkey · · Score: 2

      So, in other words

      Linux is not piracy, just like Windows is not piracy. But copying Linux is piracy.

      "Did you pay for that young man?"
      'No! It's free! I got it off the Intenet'
      "Get in the truck, you're going downtown"
      'But I did'nt do anything'
      "Yeah right, Pirate."

      --
      The Internet is generally stupid
  50. Boy those MS Lawyers sure are quick by Uttles · · Score: 2

    Someone should let them know that .NET is a widely available domain type and not a Microsoft product.

    --

    ~ now you know
  51. Drastically cheaper? by Christopher+Thomas · · Score: 2

    Everything else even remotely related to computers has gotten drastically cheaper over the years.

    I'm not sure about this.

    A decent, new system has cost between $1500 and $2000 Cdn ($1000 and $1300 US) for about a decade and a half now.

    You can buy a used Pentium machine for under $200, but good luck running XP on it (you run Linux, I run Linux, but most people don't, and you can't play Tribes 2 on a Pentium under any OS).

    What we get for our money has gotten better, but the cost of a system has remained more or less constant (it's a market sweet-spot).

  52. Problems with Quoting? by pgpckt · · Score: 5, Insightful


    Why does the Topic say the lawyer said "is not piracy" when the text of the submission does not use these words? In fact, the text says: "Brad Smith as saying: 'Linux is a way of developing software whereas piracy is copying.'"

    Could be just me, but I don't see the words "is not piracy" in there. We couldn't be bothered to use the actual words I suppose?

    --
    Lawrence Lessig is my personal hero.
    1. Re:Problems with Quoting? by PigleT · · Score: 2

      Hey, not to worry, it only adds to the crud we see on slashdot...

      And *neither* quote is particularly news-worthy, IMO.
      a) linux-is-not-piracy is remarkably boring. There's a dictionary at , go figure.

      b) linux-is-a-means-for-software-engineering is still wrong, it's a frigging OS kernel, deal with it.

      One word: duh.

      --
      ~Tim
      --
      .|` Clouds cross the black moonlight,
      Rushing on down to the circle of the turn
    2. Re:Problems with Quoting? by soboroff · · Score: 2

      The title is logically incorrect.

      If piracy is copying, and Linux is a way of developing software, and if copying is a way of developing software, then Linux is piracy.

      I've seen software development by copying (and not just from teaching CompSci classes ;-), and some of the best bugs come from "design by cut-n-paste", so Linux must therefore be piracy.

  53. Re:So did you by ryants · · Score: 2
    You decide that you will not use Product A at all, because copying it is morally, ethically and legally wrong. If it's not worth $10 to you, then why would you want a copy?
    This is called begging the question.
    If it's not worth $10 to you, why are you making a copy? What possible value could that copy have to you?
    Some value x where x < $10.
    I bet you go to car dealerships and drive cars off the lot that are 'too expensive' for you to
    False analogy. The car dealership is down 1 physical car, whereas in the software case the software publisher isn't down anything.
    --

    Ryan T. Sammartino
    "Ancora imparo"

  54. Loss vs. Missed Opportunities by Wise+Dragon · · Score: 2

    Losing sales to piracy is like missing an opportunity to profit. Find every one of those pirates and offer them a chance to buy your software for $10, and 90 percent of them will take you up on it. It's how to do this without eroding your market that is the problem!

  55. My Favorite by pb · · Score: 4, Insightful

    "A healthy market leads to more attractive prices for consumers".

    By this standard, I suppose the music industry and (perhaps to a lesser extent) the software industry are "unhealthy". In fact, this makes piracy look pretty attractive, unless these "attractive prices" are cheaper than "free".

    Obviously, the reason we have piracy is *because* the current prices aren't "more attractive". Also, not everyone who pirates a program really needs it, especially not for the price that it is selling at.

    This goes double for programs that have free alternatives; most people don't really need that new copy of Photoshop 6, but why bother learning about The Gimp when you can just pirate the industry standard? Actually, bundling free alternatives to commercial software would be a good way to decrease piracy, but I doubt that most companies would agree to this, because it might also decrease *SALES*, which is all they really care about. They don't care about their customers, just their money...

    --
    pb Reply or e-mail; don't vaguely moderate.
    1. Re:My Favorite by zCyl · · Score: 2

      Obviously, the reason we have piracy is *because* the current prices aren't "more attractive".

      I don't rent videotapes and copy them. Heck, I don't even record movies off of TV. Why? A movie on VHS tape can cost me $7 at my local oversized supermart.

      Commercial software isn't quite there.

    2. Re:My Favorite by pb · · Score: 2

      What we're talking about isn't stealing, exactly. Remember that the BSA considers every instance of pirating to be a case of lost revenue. This only holds up in the cases where the pirate would buy the software if he couldn't pirate it.

      Therefore, anyone who wouldn't buy the software if they couldn't pirate it (i.e. they don't really need it) shouldn't be counted as an instance of lost revenue--if anything, it's free publicity.

      Also, monopolies allow businesses to mistreat their customers without losing their business. And true competition undermines much of the need for piracy that people have under a monopoly.

      Therefore, I believe (almost) the converse of what you stated: if we had a healthier market (i.e. more competition, lower prices...), we'd have less piracy, and perhaps no real need for the BSA.

      And yes, all this is just my opinion too. :)

      --
      pb Reply or e-mail; don't vaguely moderate.
    3. Re:My Favorite by HiThere · · Score: 2

      I don't because I don't consider any of them worth seeing. Certainly not worth seeing twice.

      If you aren't tempted, you can't call it virtue. Or vice.

      OTOH, I switched to Linux largely because I considered the MS license agreement hazerdous to my ... ?? immortal soul ?? Perhaps. It's hard to be specific. I considered agreeing to it immoral, in any event. So I stopped.a

      You, too, can repent! (Of course, the video and music industries have yet to find the Tolvards and their Stallman, so there are some big shoes that need filling.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  56. Re:Atoms != Electrons by ivan256 · · Score: 4, Informative

    Ok, we're going to take words away from you now, because they mean things, and you don't want to acknowledge that. We're going to use math instead. You can't argue with math unless it's added up wrong. Here we go.

    Software company 'A' sells a piece of software for $159.95. User 'Bob' doesn't have $159.95 to spend on software. Now, if we take the amount of money that company 'A' has when 'Bob' doesn't buy the software, and subtract it from the amount of money that the company 'A' has when 'Bob' pirates the software we get the indisputably correct amount of money that company 'A' has lost from 'Bob's piracy. I hope you can add, because here we go:

    $0 - $0 = $0.

    That's right, the company lost $0. $0. That's it, just $0.

    I'm a professional software developer. That's what I do for a living. I fully understand that software piracy is bad, but to say that every pirated copy is a loss of money is just a lie. Some are, some aren't. I just showed you the math to prove it. Stop spreading you BSA marketing department lies.

    If you want people to listen to you, more importantly if you want to influence people, then you have to tell the truth. People aren't stupid, and they can tell when you are lying to them. If you want to convince people to stop pirating software, you will have to find honest arguments, and you should know that there are many of them. Even 'Bob' the hypothetical software pirate can add, so your arguement won't work on him.

  57. There you go again... by asmithmd1 · · Score: 2

    There you go again confusing the two. When you drive a car off a dealers lot you deprive him of the use of the car while enriching yourself by that same use. A zero sum situation. When you make an un-licensed copy of a program the copyright holder still has everything he had before you made the copy. Making an un-licensed copy is more akin to breaking a lease with a landlord, where stealing would be burning the place down, you must admit there is a difference

  58. Re:Still Unclear on MSFT's Strong Dislike of Linux by GungaDan · · Score: 2
    "who the hell that reads /. or knows what open source is, doesn't know that Linux is an OS and not an idea or an action."

    OK, scott1853. That tears it! I'm gonna Linux you but good! Say it again and I'll Be you, for jibbity's sake!

    --
    Eloi are stupid, throw morlocks at them!
  59. Harming Customers by ehiris · · Score: 2

    "software piracy in general, and how this is holding back the software industry in Eastern Europe"

    You can't expect somebody making 50-300$/month to pay for software that is priced to harm customers.

    I wonder how a converted to Unix user would look wearing a Microsoft T-Shirt.

    1. Re:Harming Customers by ehiris · · Score: 2

      Then delete your MP3s

  60. Unless you think of it this way... by The+Ape+With+No+Name · · Score: 2

    Linux is a way of developing software whereas piracy is copying.

    But in a sense, Linux is copying. It is a Unix-LIKE operating system, which attempts to give the feel of being on a classic Unix OS machine without the requisite licensure requirements other than those promoted by itself (the GPL). So, Linux is a copy, but not piracy sense the creator did not take source code from the original to create the copy. He merely looked at what that original did and mimed it. Therefore it is copying in the mimetic sense, not the representing sense, where one merely takes the code, compiles it and represents the copy as an original. Where's Judith Butler when you need her?

    --
    Comparing it to Windows will be a moot point, since El Dorado is going to have a 40% larger code base than XP.
  61. Re:Atoms != Electrons by dougmc · · Score: 2
    And I waited until the Sims were on sale and bought it for $30 (actually, I didn't have to wait very long. Things usually go on sale when brand new, and then much later as they hit the bargain bin, which will probably take a LONG time for the Sims.)

    I just deprived the software company of $9.98 (either your math or my math doesn't quite add up, but that's ok.) Does that make me only 47% better than somebody who copied it?

    Or, even worse -- suppose I had decided that I didn't want the Sims at all? Then I've deprived the software company of $18.97 of revenue. That makes me exactly as bad as a pirate, doesn't it?

  62. Non-commercial use only by CustomDesigned · · Score: 2, Interesting
    As has been pointed out ad nauseum already, most pirates wouldn't have bought the program anyway. It seems that any proprietary product would be best served with the "Non-commercial use only" type license - where copies are free (as in free beer) for individuals and non profit-making activities within a corporation (such as evaluation).

    This allows all the benefits of piracy - lots of people who wouldn't or couldn't otherwise buy the software get familiar with it, and you can still send the BSA out to raid corporations that use it to run their sales force without paying. It has the further benefit of not promoting the moral decay that comes with deliberately disrespecting the legal rights of copyright holders.

    1. Re:Non-commercial use only by Stonehand · · Score: 2

      Hmmm. Adobe took a different approach with Photoshop, if memory serves. There's...

      ...Photoshop (main version)
      ...Photoshop Elements (lighter version)
      ...PhotoDeluxe (lightest version)

      with radically different pricing. That way, people don't need to pay for features that they likely won't need.

      It's not a bad approach, although for some types of software it might not make sense, and they can still sell w/o squabbling over what's non-commercial.

      Note that allowing downloading, even under limited situations, also means tolerating a large number of sources, which dramatically lowers the bar of somebody infringing outside those circumstances. It wouldn't surprise me if were easier to get .MP3s of {insert boy-clone-band-name-here} latest album than it is to get a download of MLK speeches (copyright held closely by the King family, in case you're wondering), simply due to demand.

      --
      Only the dead have seen the end of war.
  63. Re:Atoms != Electrons by zangdesign · · Score: 2

    Well, you just proved that theft does equal piracy and that piracy equals theft. Using your examples, either method deprives the producer and/or distributor of their share of revenue on the software product in question.

    By shoplifting you deprive both. By piracy, you deprive the producer.

    --
    To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
  64. RE: Why MSFT Dislikes Linux/GPL? by Carnage4Life · · Score: 2

    I thought MSFT didn't like Linux because it competed with Windows?

    Having to include source to something they didn't invent and can't get along without is their problem and, like any reasonable minded person, don't want problems. They like to keep it simple, by owning or having license agreements on IP.

    This statement pretty much is the same conclusion I came to when I first heard the Software Ecosystem Speech from BillG last summer.

  65. Piracy is not good ... by smoondog · · Score: 3, Insightful

    Micro$oft has a monopoly. What's worse is they use those powers regularly in a way that is not productive to the consumer or, IMO, the computer industry. However, /. cannot get into the belief that software piracy is *not* a bad thing. Especially when it is commercial piracy (shrink wrapping copied/conterfeit products). The observation that sales are increasing has nothing to do with whether piracy is good/bad or affecting/not affecting the market.

    I'm surprised that the /. community gets up in arms over gpl violations but thinks piracy against the evil empire is somehow less bad. There are better ways to work for a better (more fair) computer industry.

    -Sean

    1. Re:Piracy is not good ... by smoondog · · Score: 2

      Me: However, /. cannot get into the belief that software piracy is *not* a bad thing. Especially when it is commercial piracy (shrink wrapping copied/conterfeit products).

      You: Isn't counterfeiting a *bad* thing? Isn't it directly *stealing* from the publishers by intercepting their *paying* customers and redirecting the money into the counterfeiters' wallets?

      I think that is what I was saying. Perhaps my double negative confused you?

      -Sean

  66. Re:So did you by Pentagram · · Score: 3, Insightful

    If it's not worth $10 to you, why are you making a copy? What possible value could that copy have to you?

    Clearly, less than $10, but more than nothing. But if I have already decided not to pay for a copy of the software, then logically no action on my part can possibly lose the firm in question a sale. This is self-evidently true. Of course, it depends on whether I would have bought a copy if I was unable to make a copy illegally.

    I bet you go to car dealerships and drive cars off the lot that are 'too expensive' for you too.

    An imbecilic analogy. If someone steals a car, someone loses a car: a zero-sum game. If, however, someone copies information, the original copy still exists.

    Whatever. I thought Adam Waring was funnier anyway.

  67. You don't get to set X. by Kwil · · Score: 2

    Unless you created the product.

    If you create the product, you're entirely within your rights to set it at whatever price you think its worth.

    If someone else creates the product, they're entirely within their rights to establish the value. Your choices are "I accept that and will use your product" or "I don't accept that and will not use your product." They do not include "I don't accept what value you put on your work, but will use your work anyway."

    When you do this, you've devalued the authors time. If this is legit, then it's entirely legit for an employer to say "Good work. We're not paying you by the way. Maybe somebody else will. Thanks!"

    --

    That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

  68. Re:Still Unclear on MSFT's Strong Dislike of Linux by flatrock · · Score: 2

    Let me be more explicit. With the GPL software is and must continue to be free. This means that software has no value, you can't make money off of it directly. This is saying that most everything that Microsoft has spent hundreds of billions developing in since it's creation is worthless. Sound like something worth starting a holy war over?

    Remember, Microsoft is a publicly traded company. Even if their IP isn't any less valuable, the perception that it is less valuable can have serious impact on them. Many of their employees get a significant amount of their compensation in stock options. Every time their stock takes a hit it becomes significantly more costly for them to retain valuable employees.

    Another good question is if software doesn't have value, how do you pay the developers? You can fund some development costs from support and training, but I can't think of any consumer product that's been successful on that business model. Some people write software for the joy of creating good software. Most of us write it because it's an enjoyable job that pays well. If you take away the paying well part, it's much harder to attract good employees to software fields. That means more competition between employeers, which means good programmers will cost even more.

    Free software, when taken to the extreme pretty much destroys the current business model of most every software company out there. It's questionable if selling services and support to fund software development is a valid business model. It would require shifting a lot of costs from the many people who use the software on to a few that require the support and training. I'm sure there are niche markets where that's a valid model, but I'm skeptical that it can work for wide scale consumer software development.

  69. Re:Still Unclear on MSFT's Strong Dislike of Linux by LMCBoy · · Score: 3, Interesting

    They [Redhat et al.] provide the source, but not the actual ISOs or other form of download.

    You sure about that?

    --
    Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
  70. Re:Atoms != Electrons by ivan256 · · Score: 2

    I agree that piracy equals theft, and I did show that with my example, however you say "either method deprives the producer and/or distributor of their share of revenue on the software product in question". This is not true in the special case where the revenue is $0. When a person will not otherwise buy the product, the revenue that the company is loosing is $0. Because of that, only in cases where the software pirate would have actually paid for the product does the piracy result in a loss for the company. This is different then with shoplifting, since the revenue is less then $0 in the transaction because the company had costs involved in physically putting the product on the shelf that they can now not recover.

  71. Two things: by drinkypoo · · Score: 2
    A verb (although I have heard people say "let's linux this project," which made me want to slap them)

    You may have missed this trend in geek language, but some of us noticed it literally over a decade ago: all nouns can be verbed, and also all verbs can be nouned. While it is not "proper english", neither is most anyone's dialogue these days.

    As for linux not being a cure for the common cold; It may not help with that one, but it does tend to make your system somewhat immune to virii.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:Two things: by Megs · · Score: 2
      A verb (although I have heard people say "let's linux this project," which made me want to slap them)
      You may have missed this trend in geek language, but some of us noticed it literally over a decade ago: all nouns can be verbed, and also all verbs can be nouned. While it is not "proper english", neither is most anyone's dialogue these days.

      I'm not claiming to speak for the parent or anything, and I'm a descriptive linguist à la Steven Pinker too, but come on. What does "linux" as a verb mean? Is it meaningful, even as a neologism in casual conversation? By analogy with every other verbed noun, it means "to turn into Linux." Why the hell would one want to turn their project into Linux? Surely the neologism they are looking for is "to open source" or perhaps "to GPL." I would want to slap them too.

      Meghan

      --
      Ask me about LOOM(TM).
  72. Re:from dictionary.com by ryants · · Score: 2
    So, it's a common enough usage that it's in the dictionary that I just pillaged and plundered ;)
    As was so well put by Orwell in 1984, controlling language is nine-tenths the battle; seeing this bodes well for the copyright monopolists and not-so-well for those of us who believe in the free marketplace of ideas.
    --

    Ryan T. Sammartino
    "Ancora imparo"

  73. Re:Still Unclear on MSFT's Strong Dislike of Linux by flatrock · · Score: 2

    In one word: Control.

    Control is an important issue for Microsoft, but I'll add another word. Revenue. Where does Microsoft make it's money if the software is free?

    The usual answer I hear is services and support. I just don't see how they can support their product development on that kind of business model. Red Hat barely makes money, and they do very, very little software development themselves. Someone has to develop the software, and those people need to make a living. Linux distributions do demonstrate that some exellent software can be developed by utilizing a lot of donated labor, but how many of those people who are donating that labor are making their money writing software for another company. Could GPLed software become the norm? Or is it doing so well because the commercial software market is booming, and developers can afford to donate their time?

    Control is a significant issue for Microsoft, but as the largest Software company in the world. Shaking up people's faith in their business model may even be more of a problem for them.

  74. Re:Still Unclear on MSFT's Strong Dislike of Linux by Amazing+Quantum+Man · · Score: 3, Funny

    "Say it again and I'll Be you, for jibbity's sake!"

    Actually, I'd rather be Bill Gates, if only for the money...

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  75. Interesting analogy.... by gfxguy · · Score: 2

    Except that it'd be more like asking for two glasses, but the jerk says "No, this float can only be drunk from the glass that it came in".

    Not only that, but you can't donate that glass without the original root beer float in it.

    Oh yeah, and if it were up to him, buying empty glasses would be illegal because, after all, every glass needs a beverage...

    --
    Stupid sexy Flanders.
  76. Re:Still Unclear on MSFT's Strong Dislike of Linux by jordan_a · · Score: 2

    wtf? I just said if they don't want to use it thats fine, but why this holy war? If Microsoft doesn't want to use GPL software they don't have too.

  77. Re:Was there a question? by Doomdark · · Score: 2
    GPL license states that you can't just copy the software without agreeing to the license agreement

    Depends on what copying you are referring to. If you mean "get myself a copy of a GPL'ed software" then you are wrong. No licensing is needed; GPL doesn't really enter the picture here.

    If you mean handing out a copy to another person, then you do need to agree to the license; that's considered distribution, which is what GPL is built on (that is, restrictions on distribution, not in use). [I know I know, this is just GPL FAQ... sorry if I'm preaching to choir here].

    An interesting question is how would Gnutella and other networks be handled as there people can distribute GPL'ed software automatically and almost without realizing they are distributors? It's more of an academic question, probably, since if you just take a "valid" GPL'ed thing and hand it over, it does still contain GPL license stuff and will still be in accordance with GPL... but still, an interesting point; "implicit agreement" with GPL?

    --
    I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
  78. Re:Still Unclear on MSFT's Strong Dislike of Linux by dioxide · · Score: 3, Funny

    Actually, I'd rather be Bill Gates, if only for the money...


    promise me you'll spend some of that money on a decent haircut..

  79. You forgot the most important option! by Kamel+Jockey · · Score: 2
    • CowboyNeal

    Hmm... perhaps too this is debatable? :)

    --
    In case of fire, do not use elevator. Use water!
  80. Re:Still Unclear on MSFT's Strong Dislike of Linux by flatrock · · Score: 2

    You are correct that they can charge whatever they want for the distribution, but they have no actuall rights to the software itself, and have no way to keep someone else from makeing a copy of that distribution and selling it themselves. They have no way to maintain a revenue stream from sales of the software. They can only add value above what someone else can offer by offering non-gpled products such as training and support.

    Acutally Microsoft doesn't sell Windows. The liscense it in a limited way to people. Since Microsoft licenses other people's software for use in Windows, Microsoft probably can't just outright sell Windows either, my statement that micorsoft makes it's money selling windows was where this started going wrong.

    Linux vendors can charge whatever they like for their distributions, but they don't own the software and can't keep others from copying or recareating it from the source code, and then selling the same thing.

  81. Re:Still Unclear on MSFT's Strong Dislike of Linux by markmoss · · Score: 2

    Microsoft is a Software company. They make their money selling software. Over and over again to the same person, if they have their way...

  82. Re:Still Unclear on MSFT's Strong Dislike of Linux by mpe · · Score: 2

    With GPL software you can't sell the software itself, the expenses of developing the software must be shifted elsewhere.

    You can sell GPL software to anyone you like, at any price you like, just that you must provide the source in accordance with the licence. However if you try and charge excessivly then any customer, who is not a fool, will simply go elsewhere.

  83. Re:Still Unclear on MSFT's Strong Dislike of Linux by Fishstick · · Score: 2

    >They [Redhat et al.] provide the source

    well, you read it that way... I read it this:

    I don't think SuSE even provides dowloads of thier distro anymore.

    They [SuSE] provide the source, but not the actual ISOs or other form of download


    Obviously redhat lets you download the whole distro (I just got done burnin 7.2 CDs "for a friend")

    But that being said, that's still not the same as selling "Linux", IMO.

    --

    There is much cruelty in the universe, John.
    Yeah, we seem to have the tour map.

  84. Re:Still Unclear on MSFT's Strong Dislike of Linux by flatrock · · Score: 2

    I was incorrect when I said that Microsoft sells software. They license it to people. Neither Microsoft or Red Hat sells OSs. Microsoft has the rights to sell a license of their software to people because they own the copyrights, or licensed them from other developers. Red Hat doesn't have any particular rights to the software they distribute. They can charge you wantever they want for their distribution, but they aren't selling you Linux. When you buy the distribution you don't own Linux.

    Why is this distinction important? Because there's no laws agains me taking a red hat distribution, writing it to a CD, and selling it myself for less than what Red Hat is selling it for. Since I'm not paying people to develop any software or even compile and test a distribution, I can do it cheaper than Red Hat can. Red Hat could put together the perfect distribution full of the best patches and the best GPLed software. They could test and verify it works with hundreds of different computers. They could spend millions advertising it as the best Linux distribution ever created. As soon as they sell the first copy and deliver the source code, there's nothing keeping the person who bought that first copy from giving it away to every person in the world, and there's nothing Red Hat can do to directly recoup their development expenses past what they sold that one copy for. In reality, if they price their distribution reasonably they'll likly sell a reasonable number of coppies, but they aren't selling the rights to use that software. They're just selling you a bunch of CDs with some stuff they have no control over on it.

  85. Re:Still Unclear on MSFT's Strong Dislike of Linux by Fishstick · · Score: 2

    They don't have to, they don't even want to. They would rather see others use a BSD license than GPL. They can bitch and moan all they want, it's a free country. ;-)

    --

    There is much cruelty in the universe, John.
    Yeah, we seem to have the tour map.

  86. Re:Still Unclear on MSFT's Strong Dislike of Linux by scott1853 · · Score: 2

    I don't think you'd want to Be me. I'm probably the most underpaid programmer in the country ;)

  87. I hope this isn't too far offtopic, but... by kingbill · · Score: 2, Insightful
    I want more anti-piracy protection on Microsoft software. I have several friends I've been trying to convince to use Linux for a while now. The problem is they already know Windows and they all got it for free.

    I try to tell them it would be better not to pirate, but they don't listen. None of these guys would buy Microsoft products. They're all poor college students like me. Software piracy is the only thing keeping Windows alive with college and high school students. If anti-piracy methods became really effective, Microsoft products would lose the rising generation. That would be swell. Microsoft being able to enforce anti-piracy measures is the thing that will make Linux a viable alternative on the desktop.

  88. Re:Atoms != Electrons by Flower · · Score: 2
    It has enough value for someone to violate the copyright owner's distribution rights and make an illegal copy of the software. Now our hypothetical pirate may say "but I wouldn't have bought it for $X anyway" HOWEVER if the copyright owner had the resources to collect on the illegal copy they would get $X.

    The only reason our pirate isn't getting hauled into court is because it is fiscally prohibative for the copyright owner to do so over a single copy. The pirate is getting value out of the product while the producer is not being compensated. Call it what you want, spin it as a cardinal sin or as a mere faus pax, but it is an act which is wrong and illegal.

    Whether the pirate would have bought the copy or not is irrelevent. He doesn't dictate the value of the software. The copyright owner does. Now I may question how they arrive at their numbers but I won't deny the fact that an illegal copy is for all intents and purposes a lost sale. As others have said before me, if you don't like the price don't use the product.

    That lottery analogy is just plain wrong.

    --
    I don't want knowledge. I want certainty. - Law, David Bowie
  89. Re:easy... by Jagasian · · Score: 2

    It should be noted that Islam is roughly 500 years younger than Christianity too, so being stuck in roughly the 14th century makes sense, if you view religion has a social phenomenon, as I do. Religions go through life cycles.

  90. Re:Still Unclear on MSFT's Strong Dislike of Linux by jordan_a · · Score: 2

    Which brings me to this point. MS "Shared Source License" is just as viral as the GPL (see The Register

  91. By definition you can't "pirate" Linux by MtViewGuy · · Score: 2

    Given the concept of how Linux is developed using the GNU Public License, the whole idea of piracy doesn't apply at all, especially when the software is encouraged to be freely copied and given away.

    I mean, the US$30 or higher you pay for a retail copy essentially covers the cost of packaging and manuals, plus probably the development costs of the software distribution. People at Red Hat, Caldera, SuSE, Slackware, etc. in fact pass out Linux install disks like AOL passes out installation CD-ROM's for their access software.

    However, the success of Linux will still be limited until they get Advanced Configuration and Power Interface (ACPI) incorporated into the OS. (I believe the 2.6.x kernel will include ACPI support.) With ACPI, Linux upgrades becomes much, much easier, for starters.

  92. Jews Guilty Too by Jagasian · · Score: 2

    I just saw on the BBC how another Mosque was ransacked by the Israelis.

    And what about in the USA? The whole Jewish Defense League (JDL) conspiracy? Oh, didn't hear about that one on the largely Jewish controlled news, did you? To make a long story short, an organization that claims to uphold and protect Jewish interests was busted by the FBI for plotting to bomb Mosques in California. They got caught during the bomb material aquisition phase of their plotting. (Note that the FBI usually does do a good job of nipping things in the bud.) Is it terrorism when a Muslim ain't doing the bombing?

    What about the recent pro-Israeli rally in the USA, when Paul Wolfowitz said that terrorists must be stopped, but Palestinians are people to and have also suffered... what did the rally of people say to that? They all booed! This is a sign of a huge problem... when large out spoken groups from either side view the other as being less than human.

    Here is my tidbit of moral clarity: if you are responsible for killing people, you are committing a sin. If you are responsible for ethnic clensing, you are committing a sin. If you are responsible for stealing people's homes/land, you are committing a sin.

    According to my moral clarity "tidbits", certain Israelis and certain Palestinians are committing sins. Now, for those slow on the upkeep: WHAT ABOUT THE MAJORITY OF INNOCENT PALESTINIAN AND ISRAELI PEOPLE? Why let a rabid sinful minority run the show?

  93. Re:MS sales up in Russia -- won't happen! by VasilyPupkin · · Score: 2, Informative

    Let me reply to this :)

    Here are some examples of (IMHO)successful russian software companies:

    http://www.kaspersky.com/ "Kaspersky labs". Antivirus software.
    http://www.1c.ru/ "1C". Office, Educational, games, and localized distributions.
    http://maddox.1c.ru/ "Maddox Games", now part of "1C". Il-2 Sturmovik.
    http://www.buka.ru/

    the list goes on. Just see here at Google

  94. Re:Still Unclear on MSFT's Strong Dislike of Linux by flatrock · · Score: 2

    Microsoft is treated by the GPL, because the concept of quality, free software threatens them. They ignored the GPL until it became a common buzzword. There are a lot of pointy haired bosses out there that don't understand what GPL is, but they know it's free, and there's a increasing number of examples of quality software packages that are GPLed. Microsoft's marketing people see the need to address this. The problem is that the details of the benefits and consequences of the GPL are pretty hard to explain to pointy haired bosses. By the time MS dumbes down their point of view, and the marketing trolls are done spinning things, it pretty much comes out as "GPL will destroy you, run away!"

  95. What a propaganda by extrasolar · · Score: 2

    I wonder how (or if) reasonable people can see any claims of software piracy and intellectual property. It simply doesn't make sense.

    The idea that I am hurting someone by copying software.

    The idea that the creator of a work has significantly greater rights than the user or borrower of that work. (note: not in the legal sense, but in a political sense)

    Common terms such as "software piracy" and "intellectual property" are merely propagandas used instead of rational argument. I suspect that these propagandas would not hold to rational argument.

    Can you imagine a world where copyright was much stronger than it is now? At least we have some of our fair use rights. Do we have fair use rights for software? I'm not sure. And when we buy a DVD, isn't it fair use to play it on a computer--even if it runs only GNU/Linux?

    If you can't tell already, IANAL.

  96. Linux "is not piracy" says Microsoft lawyer... by Gildor · · Score: 3, Funny

    ...in other news, Microsoft released a statement which said that the Pope is Catholic...

  97. Re:Still Unclear on MSFT's Strong Dislike of Linux by Erasmus+Darwin · · Score: 2
    "If you invented a better moustrap and GPL'd the design, then MSFT wouldn't be able get a patent on it, and thus license for big fees or lock any other developer or competitor out."

    The problem with this analogy is that it assumes no innovation on the part of the commercial party. Let's say, for example, that someone creates a GPL'd pump. Now let's say that a company wants to use the pump as a built-in bilge pump in a boat design. Either they GPL the entire boat design (which means they have to expand into the boat servicing industry) or they design their own (potentially sub-standard) pump.

    Now imagine if the pump was under a license similar to that used for the Berkeley DB. Under that license, the pump is free for non-commercial use (allowing John Q. Hacker to make his own pumps in the backyard and such), but requires a fee for commercial use (forcing the boat maker to pay out money but also allowing the boat maker to charge for the boat design).

  98. Re:Still Unclear on MSFT's Strong Dislike of Linux by Eric+Damron · · Score: 3, Insightful

    Oh, this is just too good.

    "We can't estimate how much piracy is on the net but in one day we found a million sites under a search for one of the codenames for pirated software," said a BSA spokesperson.

    I believe the "code word" is WAREZ and I believe that the inference was that because there are a lot of sites advertising "WAREZ" there must be a lot of piracy.

    Yes, there are an awful lot of sites that try to sucker people in by having "WAREZ" in their site name. Most of these sites have a lot of shareware not actual pirated software. So the inference is total crap. Not that there isn't a lot of piracy just that the hit count for "WAREZ" is no proof of it.

    "For an industry that commits millions of pounds to research and development, and that contributes six times as much to Europe's GDP as the consumer goods industry, the levels are unacceptable, the BSA says. "

    I thought they just said that "We can't estimate how much piracy is on the net..." If so, how do the know that "the levels are unacceptable?"

    "That is about to change as the European Commission puts into force a directive intended to harmonise civil laws governing how courts deal with cases involving intellectual property"

    Software piracy is already illegal. So what do they want to do? Make it REALLY, REALLY illegal?

    "There is also work to be done on educating the public about the importance of intellectual property, especially as a web counter-culture advocating free software, such as music downloads, continues to grow."

    Oh, so now we get to the crux of the matter. We're back on the "Kill Mp3s" track again. They want laws to take away fair use so that they can increase corporate profits.

    "Open source software such as Linux is not seen as a threat to the work the BSA is doing, however."

    Then why mention it? "Look! Your shoe is untied!"

    "Linux is a way of developing software whereas piracy is copying," said Microsoft's Brad Smith.

    Wrong again Bozo. Linux is an operating system. Someday Microsoft should try to create one.

    "He does believe that stopping the pirates could have a dramatic effect on the current pricing of software, however."

    And why does he bundle the discussion of Linux in with the discussion of piracy? He's not using subtle association techniques is he?

    "As the legal market grows, there is more investment in new products and enhanced competition. A healthy market leads to more attractive prices for consumers," he said.

    So does the open source movement. You can't get a better price than free. The only problem that I see with open source is that society as a whole isn't mature enough to break out of the "take what you can get and give back nothing" attitude. We need to learn to do a better job of voluntarily supporting open source companies.

    --
    The race isn't always to the swift... but that's the way to bet!
  99. 18th century? by jelle · · Score: 2

    Actually, sea pirates currently operating are at least as bad as they were in the past: robbing and murdering without mercy. Last December, pirates killed a famous blue water competition sailer who anchored somewhere too close to pirates with an eye on his equipment and engine. Another story about that incident here

    --
    --- Hindsight is 20/20, but walking backwards is not the answer.
  100. Don't worry, they have the way out! by Perlguy · · Score: 2, Funny

    Errr, I mean they HAD the way out...

    http://www.wehadthewayout.com

    --
    -- Windows security? Sure, which ONE would you like? -me
  101. Feel free to read the rest of my post by drew_kime · · Score: 2

    You ask:
    If it's not worth $10 to you, why are you making a copy? What possible value could that copy have to you?

    The last line of my post to which you are replying was:
    So while the revenue lost to unauthorized redistribution is probably non-zero, it is ceratinly not the total retail value of the number of unauthorized copies.

    So it seems the answer to your question is: something less than $10, but possibly more than $0.

    --
    Nope, no sig
  102. Re:easy... by arkanes · · Score: 2

    The old testament, in my opinion, generally implies the existence of other gods - it's not that they don't exist, but they aren't the gods of Israel, and thus Israelites shouldn't worship them (note that the old testatment is very insular and elitist - it doesn't care about people who aren't Jews). The New Testament is more of the "I am the one, true, and only God" type thing.

  103. Re:Still Unclear on MSFT's Strong Dislike of Linux by extrasolar · · Score: 5, Insightful

    Actually, Microsoft has every right to dislike its greatest threat.

    The Linux kernal is more than just a better mouse trap. Its free software.

    I believe we are seeing the beginnings of the third and last stage of software. An age where software is largely mutually beneficial to everyone. Much as math and sciences are today and have been for a long time now.

    This stage is an unfortunate stage for software businesses. Because they can not continue to exist.

    And its not just the threat of GNU and the large body of free software either. Its economics. Even though software isn't scarce, lets assume it is for benefit of argument.

    What do you do when everyone has the software they need? This is the burden Microsoft has had for a while. So they play every trick in the book. Changing file formats -- more restrictive licensing -- regular upgrades -- huge marketing -- and the creation of new technologies. The hope is to obsolete the previous version of software.

    Problem is that this provides almost zero benefit for the customer. Sure -- every so often someone gets a fringe benefit from a new technology. But usually, people are happy with the software they have now.

    So, in economics, if the customer gets no benefit from a product, they won't buy it--right? And thats the future as I see it. "Piracy" is the least of their worries. Their business model is about to collapse upon itself.

    And the GNU/Linux operating system represents this collapse all too vividly. Microsoft, there is no hope for you.

  104. Microsoft's mind-numbing arrogance. by Lemmy+Caution · · Score: 5, Insightful
    That Microsoft could archly give a 5 month amnesty to Internet cafes in the Ukraine and Russia is shocking to me. If the governments of the Ukraine and Russia don't want to enforce IP, that's their business. If they want to grant amnesties for violations of law, that's their business too. Not Microsoft's.

    The funny thing is that so many of the fears of a World Government were that it would come from quasi-socialistic NGO's. But here, the multinationals are coming in and dictating the property model for other countries to use. What if a nation doesn't want to recognize IP as property? What does it cost Microsoft if an entire nation opts out? After all, most Russians and Ukrainians probably aren't getting *any* real benefit from intellectual property laws - how much Russian or Ukrainian-owned software do *you* use? (US companies employing coding sweatshops doesn't count - after all, the IP is owned and enforced in the US.)

    1. Re:Microsoft's mind-numbing arrogance. by Courageous · · Score: 2

      US companies employing coding sweatshops doesn't count

      Actually, it does. If these coding shops had to fill the full bill for their setup, they wouldn't be as competitive and then would have less to discriminate themselves.

      C//

    2. Re:Microsoft's mind-numbing arrogance. by Lemmy+Caution · · Score: 2

      In my experience, those coding sweatshops actually do use licensed software when they are working with US companies, often enjoying the site licenses that their parent companies have - the big difference between developing and developed nations' costs is mostly labor and overhead for facilities.

    3. Re:Microsoft's mind-numbing arrogance. by Courageous · · Score: 2

      You believe that independent contractors are covered by typical site license agreements? Or are you saying that these foreign sweatshops actually _employ_ the foreign workers? Either seems unlikely to me.

      C//

    4. Re:Microsoft's mind-numbing arrogance. by Lemmy+Caution · · Score: 2

      No, I mean that a lot of the 'sweatshops' are actually subsidiaries, and then are covered by license - and I mean in the case of in-house development branches for major US software companies, like the one I work for.

  105. piracy happens at sea. by jelle · · Score: 2

    Hmm. Actually, for centuries piracy usually happens in international waters where the piracy acts that were performed would not fall under the jurisdiction of any country. No countries' laws apply in international waters. If the pirates operated in the jurisdiction of a country, the pirates could be prosecuted by that country, and hence it would not be called piracy, but it would be called by what crimes occured during the piracy acts 'theft', 'murder', 'robbery', etc.

    So, piracy in history has always happened in a place where there are no laws to protect the victims.

    Now in this case, since there are laws and valid jurisdictions to protect the victims of these acts described as 'piracy' (in the form of copyright laws), I resent the use of the term 'piracy' as it pollutes the genuine history of the words 'pirate' and 'piracy'. Why don't they call it what it is: the act of 'unauthorized copying of copyrighted material'? If they did that, then it would be clear to everybody what was meant and statements like 'piracy is copying' would not be necessary, because the statement 'unauthorized copying of copyrighted material is copying' doesn't have any informative value to begin with.

    Why do they need to misappropriate a historic term. After their abuse, a 'pirates story' will never be the same anymore. Genuine piracy has nothing to do with the Internet or software, or 'IP' in whichever context, piracy has to do with parrots, hooks, eye patches, cannons, knives, strong liquor, drunks, and sinking ships.

    --
    --- Hindsight is 20/20, but walking backwards is not the answer.
    1. Re:piracy happens at sea. by mpe · · Score: 2

      Why don't they call it what it is: the act of 'unauthorized copying of copyrighted material'?

      Because using the term "piracy" makes it sound far more serious. The term "copyright infringment" is hard for the advertising execs to make sound evil...

  106. Re:Still Unclear on MSFT's Strong Dislike of Linux by jgerman · · Score: 2
    You need to re=read the GPL, they can sell Linux, you CAN sell GPL software. That isn't prevented in any way by the GPL. Yes they have to provide the source, but that's pretty much it.


    I can pull GPL software that you wrote off of sourceforge and sell it if I want. Anyone would be a fool to buy it, but as long as I make the source available I'm completely in the clear.



    As far as just selling the packaging and support, to tell you the truth that's how I feel about MS. They're selling me a really big number recorded in a certain format on a cd. Once I have tha number I'll do with it what I want.

    --
    I'm the big fish in the big pond bitch.
  107. Free beer doesn't sound like freedom...... by browser_war_pow · · Score: 3, Insightful

    it sounds like socialism to the majority of people in the U.S. at least. It probably also sounds like that to those in the EU regimes that are socialists only so far as they can use socialist economics to control the lower and middle classes (ie the aristocrats that want to tax you and me 60-80% but want their yacts and porsches). And yes, I know socialism is not really the dirty word in Europe that it is in the US, but it can still influence center, right wing and the equivalent (if they even exist in Europe) of libertarians. Therefore insinuating a socialist connection with OSS can have an effective propaganda effect.

  108. I don't trust MS, even on this. by theolein · · Score: 2, Insightful

    I'm pretty paranoid about most things MS does, perhaps because of their record of back stabbing and this is no exception. In another article on one of MS' VPs in the court talking about how allowing competitors access to the desktop is not in MS' interests because "they might boot Linux" and in conjunction with the article on how MS wants the BIOS to be flashable from Windows itself, I suspect that MS has some trickery up it's sleeve. I really do suspect that MS is planning on releasing a future version of Windows or a SP that will actively prevent you from booting another OS on your PC and I think any "nice talk" from MS with respect to Linux is imply a means to an end.

  109. Re:Atoms != Electrons by jgerman · · Score: 2

    Whether or not a person would have bought the copy is completely relevant. He doesn't have to dictate the value of the software. The dictated value could be anything, it could be ridiculously high, that doesn't mean it's worth it. I'm not so sure why it's difficult to understand. If there is no way I'll buy a piece of software then you have no lost revenue due to me. You've lost ABSOLUTELY nothing. You didn't front the costs for the blank cd's, you didn't pay for the paper I used to photocopy the manual. YOU DON'T EVEN KNOW THAT I'VE COPIED IT. It's a completely different situation than theft.

    --
    I'm the big fish in the big pond bitch.
  110. History? by HiThere · · Score: 2

    Your history is different than mine. Mine says that not only do christians destroy other peoples holy places, even sects within christianity destroy the holy places of the other sects.

    The special thing about the middle east is that due to a historical quirk, many of the places there are holy to all three of the major religions fighting there. This also makes peace more difficult, as each one wants exclusive control of the "significant holy relics", e.g., Jerusalem ("i.e., the peace of the Jews" approx.). And Jerusalem is currently largely occupied by Muslims.

    Not that religion has much to do with this fight other than as a justifier, but justifiers can be used to keep people fighting beyond any reasonable bounds.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  111. Re:"Free Beer" == "Theft"? by scott1853 · · Score: 2

    Well, I think there's a BIG difference between something being ON SALE vs. FOREVER FREE.

    Of course if you want to get into a socialogical discussion about this topic, one could argue that a homeless person would not be guilty about stealing a candy bar since there is no other way for him/her to obtain it. Of course, using the same example, Hershey doesn't mandate a 3000% markup on the retail price of their products.

    On the other hand, if Joe's Chocolate Shop starts giving away free chocolate just because he wants to, it stands to reason that the public would question why Hershey has to charge money in the first place. It's all just part of the neverending utopia vs. capitalism.

  112. Re:I'm confused... by jgerman · · Score: 2

    Uhh, hmm. It's actually the other way around. We use Linux for real work. Why because it's better at it. What's my Windows box for... games, and that's it, and it does an awfully poor job at it to boot.

    --
    I'm the big fish in the big pond bitch.
  113. Re:Still Unclear on MSFT's Strong Dislike of Linux by Courageous · · Score: 2

    "If you invented a better moustrap and GPL'd the design, then MSFT wouldn't be able get a patent on it,..."

    This actually isn't true. If you really want to protect yourself, you need to file for a patent. If you can't foot that expense, it's essential you widely disseminate your work so that it becomes a well-known piece of prior art. Even then, it's quite possible some third party could get a patent on it; if you don't have one yourself, you're effectively fucked unless you have $1-2M buckaroos to caugh up.

    C//

  114. Re:"Free Beer" == "Theft"? by HydroCarbon10 · · Score: 2

    The homeless person shouldn't HAVE to steal his food in the first place. He should be able to walk in the doors of any religous organization and get help.

    --
    The best way to accelerate a windows box is at 9.8 meters per second square.
  115. Re:meanings by scott1853 · · Score: 2

    Hehe, just to be an argumentitive asshole, I must state that just like Linux is not piracy, you are not open source. So the message you want to personally send out is yours alone and may relate to your own open source projects but not the projects of the general populous ;)

  116. Specious Association by Bob9113 · · Score: 2, Funny

    "We can't estimate how much piracy is on the net but in one day we found a million sites under a search for one of the codenames for pirated software," said a BSA spokesperson.

    I just found 125,000 web pages for "masochism", yet there are hundreds of times that many people using Windows. It would appear that page count does not accurately reflect societal penetration [sic].

  117. Re:from dictionary.com by YU+Nicks+NE+Way · · Score: 2

    Do you believe in a free marketplace of ideas (where ideas are traded for currency or other valuable items in a free marketplace) or do you believe in a marketplace of free ideas? The GPL demands the second -- that's the problem with it.

  118. Minor point of clarification by why-is-it · · Score: 2

    Ideas developed and shared undermine Intellectual Property. i.e. If you invented a better moustrap and GPL'd the design, then MSFT wouldn't be able get a patent on it, and thus license for big fees or lock any other developer or competitor out.

    Well, almost. IIRC, the m$ implementation of TCP/IP involved licensing the code from BSD and making a few hacks to it. m$ likes the BSD license because it allows them to take somebody else's IP, modify it a bit, and then claim the derivative work as their own. They are unable to do this with GPL code which is no doubt why they refer to the "viral" nature of the GPL.

    If they could take GPL code and re-use it in the same way, they would not have any issues with Linux.

    --
    *** Where are we going? And what's with this handbasket?
  119. Look at the word around you by why-is-it · · Score: 2

    it sounds like socialism to the majority of people in the U.S. at least.

    I'm glad you checked with the majority of people in the US to make sure :-)

    Take a look around you - the world is more "socialist" now than it has ever been it the past. Tell me, What sort of intergovernmental organizations existed 400 years ago. What was the state of public infrastructure (roads, sewers, canals) 300 years ago. What were the public recreation options (parks, playgrounds, sports fields, swimming pools, etc) 200 years ago. What were the options for public education 100 hears ago? How much public healtcare was there 50 years ago?

    Like it or note, the world is indeed a more "socialist" place. I am not sure that this is a necessarily a bad thing either...

    --
    *** Where are we going? And what's with this handbasket?
  120. Re:"Free Beer" == "Theft"? by bobv-pillars-net · · Score: 2, Informative
    The homeless person shouldn't HAVE to steal his food in the first place.
    The proper adjective is DESTITUTE, not HOMELESS. There are many people who have enough money for food, but not enough money for rent.
    He should be able to walk in the doors of any religous organization and get help.
    I take it you've never run a soup kitchen before. Not every religious organization has the resources to operate one. As far as I know, there is only one soup kitchen in my city, but over 2000 churches.
    --
    The Web is like Usenet, but
    the elephants are untrained.
  121. don't forget by Afrosheen · · Score: 2

    *cough* newsgroups *cough*

    Funny how linux doesn't have a single decent gui newsreader that'll combine binaries from newsgroups like Newsbin on Windows. Probably because we don't need one for warez right?

  122. press release by Tom · · Score: 5, Insightful

    the article is one of those "got press release, changed a few words, printed it" pieces of "journalism". here's what I wrote to BBC in reply:

    Dear Jane Wakefield,

    In the article titled "Net pirates 'threaten software industry'", posted at http://news.bbc.co.uk/hi/english/sci/tech/newsid_1 951000/1951231.stm
    on Monday, 29 April, 2002, 07:52 GMT 08:52 UK, you write down a few items that I don't consider to be entirely correct, and even more that are very one-sided.

    Allow me to comment on some of these items:

    > The warning was issued at a conference, organised by the Business
    > Software Alliance (BSA), which attracted delegates from firms such as
    > Microsoft, Apple, Adobe and Symantec.

    This sounds like an accomplishment with credits to the BSA, except that the BSA is funded by the firms mentioned, especially Microsoft. Once you check the speakers list against the BSA membership list, you realize that what appears to be a conference is, in fact, a PR meeting.
    Pointing this out to the reader would have enabled him to take the points made by these "delegates" with the grain of salt they deserve.

    > The meeting was told that in 2000 the software industry in Europe lost
    > $3bn to pirates.

    I have always been interested in finding out just how BSA and other "independent" researchers arrive at these figures. They don't tell. Any credible claim should name its sources, shouldn't it?

    > This figure is thought to be only a tiny fraction of the amount of
    > piracy that is going on every day on the internet.

    If I interpret "tiny fraction" as less than 10%, I'm at $30bn EVERY DAY, or about 11 trillion per year. The GDP of the UK in 2000 was $1.36 trillion. So these people are telling you that internet piracy is a business 10 times the size of the whole UK economy?
    Obviously that is, if you excuse the word, bullshit. The sentence does, however, create the impression that internet piracy is unbelievably huge.
    Even so, $30bn is more than Microsoft's worldwide net profits, and a considerable percentage of the total net earnings of europe's software industry. A claim of this size better be substantiated by serious facts and sources. Where are they?

    > "We can't estimate how much piracy is on the net but in one day we
    > found a million sites under a search for one of the codenames for
    > pirated software," said a BSA spokesperson.

    One of the "codenames" is "warez" and does indeed return about 4,230,000 hits when put into google.
    However, what kind of point does that make? "Buckingham Palace" returns 99,300 hits, but as far as I am aware, there is only one.

    More to the point, a search engine just tells you how many sites mention a given topic. Ironically, the BSA's own websites, both at bsa.org and national sites such as bsa.de or bsa.org.tr appear in the above-mentioned search for "warez", because they use the "bad word". A majority of the "real" warez sites are just traps with pornographic advertisement. A little research would have taken an hour or two and been quite revealing.

    Warez sites are very real. The BSA, however, having an agenda, is greatly exagerating both their number and capabilities.

    Finally, here are a few choice quotes that should have really ticked you off to the fact that the figures are made up:

    > The meeting was told that in 2000 the software industry in Europe
    > lost $3bn to pirates.
    [...]
    > Europe has a greater rate of piracy than the US - around 34%
    [...]
    > It is forecast to grow from £35bn in 2000

    Maybe math works differently in america, but even without a calculator I can see that $3bn isn't 34% of $50bn.

    It sorries me when I see journalists lifting whole articles almost verbatim out of corporate press releases. It is especially not the kind of reporting I expect from a respectable news source like BBC.

    For the record, I am a computer security professional with a telco company. I have been working professionally on the internet for over 5 years, and I have seen the warez scene both from inside (when I was a teenager) and from the outside now that I deal with people abusing our computer resources for these purposes or help the law enforcement agencies to track criminals through our systems.

    Piracy is real, no question about it. The BSA, however, justifies its very existence by a gross exageration of the facts, and as a very interested party should not be believed too much.

    --
    Assorted stuff I do sometimes: Lemuria.org
  123. Re:Still Unclear on MSFT's Strong Dislike of Linux by mpe · · Score: 2

    What do you do when everyone has the software they need? This is the burden Microsoft has had for a while. So they play every trick in the book. Changing file formats -- more restrictive licensing -- regular upgrades -- huge marketing -- and the creation of new technologies. The hope is to obsolete the previous version of software.

    You also have BSA "audits" where people can end up paying twice. Because they can't demonstrate to a (highly partisan) party that they have already licenced the software

    Problem is that this provides almost zero benefit for the customer. Sure -- every so often someone gets a fringe benefit from a new technology. But usually, people are happy with the software they have now.

    It could provide negative benefit. If the new software does the job no better than the old, but contains more bugs, where workarounds are yet to be discovered.

  124. Re:Still Unclear on MSFT's Strong Dislike of Linux by mpe · · Score: 2

    That doesn't explain why they are on a holy war against all things GPL.

    Because the GPL specifically prevents the code being co-opted as proprietary code. (Unless the proprietary software producer were to get a new licence from the copyright holder or copyright has expired, placing it into the public domain.)
    Also any derived work of a GPL program must be also under the GPL, this includes intermingling other code into a GPL program. Since Microsoft appear to deliberatly write sphagetti code this would mean that they would have to release just about everything under the GPL.

  125. Re:Still Unclear on MSFT's Strong Dislike of Linux by Rogerborg · · Score: 3, Interesting
    • How anyone actually associates Linux with Piracy is beyond me

    It's easy. Same way we associate "drugs" and "bad". It's all down to an understanding of the way the human brain interprets repitition, association, emphasis and repitition:

    Linux is a way of developing software whereas piracy is copying.

    Linux is [mumble] software whereas piracy is copying.

    Linux is [mumble] software [mumble] piracy [mumble] copying.

    Linux is [mumble mumble] piracy.

    Linux is piracy.

    Linux is piracy.

    LINUX is PIRACY.

    Incidentally, I am not - repeat NOT - trying to be cute or funny here. Microsoft are mentioning Linux and piracy in the same sentence because they are laying the foundations for Joe Reader to imagine an association. Expect to see a lot more of this in the future, especially once they figure out whether they want to demonise specifically Linux, the GPL, or Open Source in general.

    --
    If you were blocking sigs, you wouldn't have to read this.
  126. Re:Still Unclear on MSFT's Strong Dislike of Linux by RasputinAXP · · Score: 2
    Despite the fact that you obviously aren't as savvy as you claim to be, I also offer up my personal favorite, Slackware.

    Here's some more info regarding what Slack is.

    Simplicity. Stability. We don't need no steekin' RPM's.

  127. Re:Still Unclear on MSFT's Strong Dislike of Linux by flatrock · · Score: 2

    You don't own the software. It's licensed to you under the GPL through copyright law. The GPL is less restrictive than some software licenses and more restrictive than others, but the software is licensed to you not transferred to you. You just own the media.

  128. ah-hah! by hawk · · Score: 2
    >It contains a 12x12 inch book detailing the "Evolution of Kiss".


    the long-sought missing link!


    :)


    hawk, setting out with some moldy jam to grow a rock-group

  129. pip by hawk · · Score: 2
    reverse-syntax?


    what would *anyone* expect a=b to do?


    pip, though, has a serious bug: all important commands should contain no more than two letters.


    hawk, off to file bugs against mkdir and rmdir

    1. Re:pip by david+duncan+scott · · Score: 2
      Well, I spent four years writing code in a language that said, not
      a = b
      but rather
      b -> a

      I don't know. I usually say, "Put the suitcase in the car", rather than "Put the car around the suitcase", so perhaps "source destination" makes more sense to me. Somehow file copies and moves always seem sort of concrete to me, rather than algebraic.

      And really, any arithmetic text will tell you that "=" is a statement, not an instruction, in spite of FORTRAN, BASIC, and C. When e=mc^2, there's no movement involved -- it just does. I blame Grace Hopper.

      --

      This next song is very sad. Please clap along. -- Robin Zander

  130. Supply and Demand by pmancini · · Score: 2
    Every argument, theory and rule has a point where it is maximally effective. At the extremes it becomes ineffective or dangerous. Sort of like a slippery slope. Capitalism is good until you generate Monopolies. I am yet to be convinced any monopoly is good. The "Sherman Act" seems to believe the same thing.

    Microsoft is a convicted Monopoly. That means that the rule of Supply and Demand don't apply to them. Until this is alleviated or remedied they can't be considered capitalists. I suppose that the reason I've gotten some negative responses to my posting stem from having used them as an example. Perhaps they are a great example because even their power has a tough time enforcing their price points.

    What should happen, especially since software is so easy to manufacture once it has been completed is there should be normal rules of supply and demand in Eastern Europe. For example. If they won't pay 1,000 grivnas for XYZ Software then the price should be lowered. There is a business process called "Price Discovery" that is supposed to occur. Businesses try to find the optimal price to sell their wares at. People try to find the price they are comfortable paying. This gets interesting when there are choices among products in a line or across lines. Look at Flat-Panel monitors. You have tons of choices (DVI vs. RGB, 15" vs. 17", etc.) You also have tons of lines to chose from (Samsung vs. Sony vs. NEC, etc.) I've seen prices vary between products and lines tremendously in the past two weeks I've been looking for a new monitor. Having control means that I can buy what I want at a price I am happy with. I may have to alter what my expectations are depending on what I want to spend, but the process is there.

    This doesn't exist in Eastern Europe presently, however they are working towards it. A software company here that doesn't give it's software away would be irrational to attempt to sell via legitimate channels in Eastern Europe. They could never recover their costs. Since the pirates have none of the costs associtated with writing the software they simply have the variable production costs to overcome. You can't compete with that. Piracy and Monopoly are at opposite ends of Capitalism and are equally bad.

    Capitalism as expressed in the United States, Europe, South America and Australia (perhaps other places too, I haven't seen the whole world yet) has many rules. Intelectual Property is one of them. A stance against monopoly is another. Fair business practices, better business associations, consumer advocacy groups... the list goes on in ways that modern capitalism works to provide fairness between buyer and seller.

    The purest and most fair capitalism I have ever seen exists in the bazarrs of Kiev. You are one on one with the seller. You see his wares and the wares of the other sellers and you can negotiate right there. They sell just about anything there too. Unless there is theft or piracy involved the system is universally fair.

    If you don't respect the rights of Intellectual Property, then why respect the rights of physical property? You state that because the pirates don't have R&D costs they can pass on additional savings. Well, I can steal TV's and sell them on Ebay too. I just have to cover my capital costs (crowbar & dolly + truck rental) and my variable costs (gas, set up of ebay account, rental of storage bin) and I can pass incredible savings on to my customers. In fact it happens every day that way.

    Do you think forcing the GPL onto other's software is fair? Are you advocating that piracy is a common good? I'd like to hear more of your opinion.

    1. Re:Supply and Demand by pmancini · · Score: 2

      The reason why it is not a troll is because under even classic capitalism "effort" is a commodity. Your argument's problem is it doesn't deal with the real and definable costs in generating software. I would find a counter argument more intuitive and persuasive if it looked at the concept of common good. For example, many towns have "commons" in the United States. Those commons are now usually parks but in early America they were grazeland for cattle -- it was a common good to have this land and for people to share it freely.

      Here there is a very useful analogy: not all land is considered common. Some land is private and some is public. The system of land management works best when there are both types. It is a complex system.

      Your argument is overly simplistic, or perhaps wishful, in my opinion. You don't even support most of your claims, but simply state them as fact. Considering that, who here is the Troll?

  131. Re:Still Unclear on MSFT's Strong Dislike of Linux by extrasolar · · Score: 2

    Thats the thing. Them millions will only switch to another OS when forced to. If forced to, then moving to GNU/Linux rather than Windows XP isn't so much of a problem.

    As far as "User Friendly" goes, I say screw it. There's a certain point where you need a logical and consistant interface to the computer--but the fact is that computers aren't for everyone. Certain applications that are likely to be used by them millions of casual users should probably be made as easy as possible. But other applications don't need to bow down to that level.

    As far as GNU/Linux developers coding for the Technology minded, an article by one of the leading GNOME developers provides a good counterargument to your statement (http://www.advogato.org/article/462.html). In fact, it proves your statement false. Developers are *consciously* aware of human-computer interactions (of course, only when developing interfaces). It just takes time to both get all the interface up to spec and to educate other and new developers to usability techniques. Both of these concerns are addressed in the above article.

    What free applications are not compatible with other platforms and in what fashion? In fact, of all portable applications I am sure you will find an enormous majority of them are free software. Why? Because we are free to port them.

    Please, don't troll me.