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Microsoft's Overlooked Code Theft

Like2Byte was one of many readers to point out that "Newsforge is reporting that Microsoft was fined by a French court for three million francs "because it illegally included another company's proprietary source code in SoftImage 3D," something which (as the story points out) went mostly unremarked at the time. This is one of the points mentioned by Peruvian Senator David Villanueva Nuñez in his response to Microsoft FUD.

18 of 422 comments (clear)

  1. I wonder... by PhilJackson · · Score: 2, Interesting

    ...just how much GPL'd code in in M$ software.

  2. Sketchy information by MisterBlister · · Score: 3, Interesting
    Sadly there's not much information there. How did they determine that Microsoft actually used the 'Character' code and not some in-house programmed alternative? Just because the UI remained the same (good for customers using the product) doesn't mean the code is the same underneath. Did they actually get access to the source code, or are they just assuming Microsoft still used it? Would be nice to know the answer to that....

    In any case, I find it hard to believe Microsoft would have done this. Not because they are saints, but because certainly they would have learned from the 'Stacker' incident (Which was a patent infrigment, not copyright, but similiar to this case in many ways).

    Microsoft might be evil, but they aren't stupid. I'll reserve final judgement until more facts are known.

  3. Cause for an audit? by mikosullivan · · Score: 5, Interesting

    I wonder if this could be cited as a reason to call in an audit on Microsoft. After all, there's now more evidence that they pirated software than the school systems they are accusing.

    --
    Miko O'Sullivan
    1. Re:Cause for an audit? by Reziac · · Score: 2, Interesting

      Remember when M$ unveiled the then-new admin tools for Win2K ?? The new features list was remarkably contiguous with Back Orifice 2000, whose source was released not long before M$ announced said much-improved W2K admin toolset.

      Coincidence? You decide. ;)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    2. Re:Cause for an audit? by Anonymous Coward · · Score: 1, Interesting
      The BSA is in the business of busting software "pirates"

      The BSA was founded by Microsoft, Adobe, Apple, and a couple other software companies. The last thing they are going to do is audit one of their founding members.

  4. Re:Go Nunez! by Lemmy+Caution · · Score: 3, Interesting

    I like the idea of calling Dr. Villanueva (that's his name, not Dr. Nu&ntildeez) the "St. Thomas Aquinas" of the free software movement. Although, his letter is really a lot more concise than the Summa Theologica ever was. It's telling that a Peruvian politician has made a stronger, clearer, and more irrefutable business-case for free software than Red Hat, ESR or IBM have.

  5. $422,000 by Agarwaen+The+Tired · · Score: 2, Interesting

    He got $422,000.
    Can you even Buy SoftImage for that price?
    I don't have the numbers on me here but I seriously doubt it. At least not outfit an office with that much. Shoot Maya and Max can top 50 grand per workstation. They are not even near SoftImage's price range as it's directed mainly towards Hollywood.

  6. Perhaps the next time... by gillbates · · Score: 2, Interesting
    Someone suggests using an MS product, you should kindly remind them of the kind of company that Microsoft is:
    • Unable to write the code, they bought their first operating system and sold it for a hefty profit
    • They were convicted by a French court of stealing code from competing companies.
    • They were convicted in the U.S. of violations of the Sherman act.
    • Two of their most popular products, Internet Explorer and Outlook, have had security and virus propagation problems with every single release!

    When asked what I think of using Microsoft software, I simply reply, "It's against my moral and professional standards to encourage the use of software written by criminals." The events of the past 20 years have shown that Microsoft has little regard for either it's customers, or the law.

    Think about this one, folks. I know there are many arguments for/against open source, but the most powerful one may be that of ethics. You can argue up and down about the relative merits of the software, but Microsoft is undeniably a criminal organization - a fact brought to light by the courts of the United States and other countries. The next time someone asks why you don't run a Microsoft OS, simply reply that you don't feel like funding organized crime.

    --
    The society for a thought-free internet welcomes you.
    1. Re:Perhaps the next time... by HiThere · · Score: 3, Interesting

      And considering the BSA, software audits, etc. I think it would be fair to characterize them as a racketeering organization. So if the laws were really enforced equally, then the govt. would immediately sieze all of their assets before starting prosecution on the charges. Then, since they couldn't hire any lawyers they would be quickly convicted, which would really prove their guilt, and the govt. wouldn't have to return any of the booty.

      I sometimes don't know which I think is more evil, our government, or the people it "protects" us against. Sometimes, however, I do.

      If you want to see where this kind of law can lead, check out the history of the inquisition. It has already seriously corrupted at least some of the US law enforcement.

      Yes, MS is guilty. But using government approved laws to validate this is .... they're so bad it's non-sensical. I respect copyrights. But since the DMCA, I seriously doubt the justice of "legal copyrights". (I've been dubious about it ever since the Sonny Bono copyright extension act, but now... UGH!)

      Justice needs to be defined in terms that pay no heed to the laws, because the laws are corrupt. Legal punishment is defined in terms of the laws, because there isn't any other way. If you know a decent way out of this, I'd sure like to hear it, because I sure don't.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  7. Other peoples' reactions by truthsearch · · Score: 4, Interesting

    I'm the same, basically no more shock value. What truely surprises me, though, is how fans of the company aren't shocked either and remain fans! If I found a company that made a burger I really loved, then found out they were cutting up babies to add flavor, I'd turn around and dislike the company. It's amazing how some fans make excuses for all of the bad press (I have a co-worker notorious for this), but at some point any reasonable human being will have to see all this bad press is created because of a bad company. It's hard to believe so many people choose to remain so blind.

    It doesn't bother me that I'm no longer shocked. It bothers me that fans of MS and their software aren't shocked.

  8. Softimage fought its way free? by AdamBa · · Score: 3, Interesting
    I would not say Softimage foughts its way free (I worked at Softimage from August 1995 to September 1996, an event chronicled in chapters 5, 6, and 7 of my book, which you can start reading right here).

    It would be more accurate to say Microsoft bought Softimage for unclear reasons, tried to Microsoftify it to some extent, decided it wasn't really worth owning, and found Avid as an exit strategy. Softimage was completely owned by Microsoft, and the decision on what to do with Softimage was made by Microsoft.

    So how are things up there in the tundra...is Marche Michel still around?!?

    - adam

  9. Stacker by mr · · Score: 2, Interesting

    http://www.base.com/software-patents/articles/stac . tml

    Microsoft Corp. was found guilty of patent infringement and ordered to pay $120 million in damages to a tiny California firm in a rare setback for the giant computer software company.

    However, the federal jury on Wednesday also ruled that the violation was not willful and awarded Microsoft $13.6 million on a counterclaim against Stac Electronics, which makes a data-compression program called Stacker.

    --
    If it was said on slashdot, it MUST be true!
  10. Re:what goes around comes around by RembrandtX · · Score: 3, Interesting

    what kind of crack are you on ?

    2nd thought ..it must be lsd to see so many rainbow hues.

    First off .. M$ is never going to 'pound linux into the ground' They may have a lot of money .. but linux is not a centralized corporation. You can't sue .. lets say .. 500 people for writing under the GPL ..

    Linux (as much as M$ hates it) is here to stay .. its not like unix and its deravitaves are 'new players' or anything .. hell .. i learned to code on a Next station. long before windows was on every pc in the workforce.

    Making something technologically 'easier' to use doesnt always help either.

    granted . it makes it easier for folks like my mom to get e-mail .. which is cool.

    but a lovley growing trend i see now is a lot of CS grads who can't *DO* anything.

    those 95% [who's ass did you pull that # out of??]
    of recent CS grads that work with windows are friggen trained to call the M$ help desks.

    example : i work for a fortune 500 .. we were having an issue with our graphics department's server [it was not allowing group read/write permissions]

    common sence would think the network admin (who gets 85+ a year) would say ... oh .. its a permissions error. Especially since he was playing with the group permission settings the previous day.

    instead .. he called m$ technical hot line (our company pays a yearly fee to be able to do this) and started a 4 hour tour into 'lets play with this until it works' with the 'afore vaunted' CS graduate on the other end of the phone.

    even your average unix/linux neophyte can chown -r a folder on their own.

    these CS grads had it too easy in college .. instead of having to learn their code .. they can just hit the net to find examples .. i cant COUNT the # of times my nephiew jumped into the mirc rooms i hang out in .. and started asking programming questions .

    these guys turn into coders who have to have net access to do their job. or who's company needs to pay the annual fee to microsoft for tech support.

    now, im not saying windows is crap .. i prefer it in a non secure/desktop setting ..
    im not even saying m$ is evil (i might be implying it though)

    im just saying your argument is silly.
    especially if you think abstract knowledge of a system makes you BETTER at programming that system.

    --

    --Ne auderis delere orbem rigidum meum, non erravi pernicose!
  11. Political innoculation by mikosullivan · · Score: 3, Interesting
    ... and now for another point of view. Microsoft may well be able to work this development to their advantage. I envision a debate where someone says "Ah hah! You were caught pirating yourself, Microsoft!", and Microsoft simply responds "You're right, we did make a mistake. We owned up to our mistake, paid the fine, and fixed the problem. We've proven our dedication to anti-piracy. Now those dirty pirating public schools need to do the same."

    In politics, that's known as "innoculation": you accept a small penalty for a problem so that you avoid bigger problems later. I wouldn't be surprised if MS did that here.

    --
    Miko O'Sullivan
  12. Ask IBM, DEC, SCO, Pen Computing and Micrografx .. by BitMan · · Score: 3, Interesting

    Microsoft will go into negotiations with a company. Their engineers will also be working with the prospective company while they happen. The deal goes sour, so Microsoft pulls out. But some schmuck engineering manager or possibly some exec decides it's not worth it to re-write the code from scratch, let alone create a "clean room" version. The code stays, it's not published, it's hidden from view and few know about it because the software is "closed source." This fact makes me laugh when Microsoft says Freedom Software "violoates IP" -- because Microsoft has blantantly plagerized actual source code verbatim over and over!

    Microsoft has done this to such companies as IBM, Digital, SCO, Pen Computing and Micrografx -- none of which would ever see a dime in compensated, even though their code is in Windows today. Another, non-software product where this has happened has been the Microsoft erogonomic mouse (cannot remember the company's name). Verbatim rips of the design, down to the tenth of a millimetter. As Microsoft is finding out, it can no longer sustain the legal issues of this common practice in its own organization.

    --
    -- Bryan "TheBS" Smith
    Independent Author, Consultant and Trainer
  13. bank account by fishebulb · · Score: 3, Interesting

    Microsoft did similar with the XBox. They just started using the name without checking if someone else has it trademarked, well someone did. that would have been fun to be one of the XBox consulting lawyers, "Yes, Microsoft you are going to write a check so large, it hurts, or we will get a cease and desist order until after xmas"

  14. Re:FUD by Anonymous Coward · · Score: 0, Interesting

    Heh, I always thought that it stood for Fucked-Up Disinformation. Thanks for the clarification!

  15. MS-DOS contained CP/M code, too... by dpbsmith · · Score: 3, Interesting

    It has been all but acknowledged by Microsoft that MS-DOS 1.0 contained code directly borrowed from CP/M. _The MS-DOS Encyclopedia_, for example, notes that "the resemblance [between CP/M and MS-DOS] was even more striking at the rpogrmaming level, with an almost one-to-one correspondence between CP/M and MS-DOS in the system calls available to applications programs."

    This was not a matter of common design or reverse engineering; there was actual CP/M code in MS-DOS, I believe specifically in the FCB-oriented file services.

    I wish I could remember where I read the interview where Tim Paterson acknowledged "low-level borrowing" from CP/M. I can't seem to find it right now.