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Former DrinkOrDie Member Chris Tresco Answers

Okay, former DrinkOrDie member and convicted warez dude Chris Tresco got his answers to your questions back to us, so here they are. (Note: Chris does not advise you to follow in his footsteps.)

1) How clueful are they?
by jeffy124

In your opinion, how did the each party (prosecution, your lawyer, and most important - the judge) look when it came to their understanding of technology? Did they know every nook and cranny, or seem lost in a maze of confusion? Do you think an understanding of the issues in question was a significant factor in court proceedings?

Chris:
That is a tough question to answer considering the organizational structure of the government's side of things. The prosecution works very closely with other units of law enforcement when it comes to technically challenging cases like mine. In my situation, the government prosecutors were very well briefed about how the technical aspect of the warez scene work. They are briefed by law enforcement agents who are very technically savvy and able to sift through all of the data that they are presented with at the time a warrant is carried out. With this data, the agents build a packet of evidence that the procecutors can look through and easily understand. They had a plethora of evidence on which to build a case against me and it boiled down that all the ones and zeros that the agents were able to pick through added up to copyright infringement in the prosecution's eyes.

The judge doesn't really see the technical aspect of the case. He sees a report of the evidence, which is written in clean English, and makes his decision based on that.

My lawyer isn't very technically adept, but lawyers are pretty bright. He was able to grasp the concepts of everything, if he wasn't able to, he wouldn't be my lawyer. :) Besides, I was able to coach him through most of it.

2) "The Bust", WarGames or Matrix?
by msheppard

What was "The Bust" like? Was it like _WarGames_ where they showed up in black vans and confiscated your computers and rifled through your trash? Or was it more like _Matrix_ where they called you in and presented all sorts of evidence they collected online etc.?

Chris:
I would say that it was a cross between the two. I will lay out exactly what happened to me:

I was sitting at my computer chatting with a fellow DOD member on IRC. All of a sudden I noticed my net connection died. When I went to walk out the door, a U.S. Customs agent met me. "Mr. Tresco, My name is XXXXX, I am with the U.S. Customs Department. Would you mind coming with me?" As I turned the corner, there were about 20 law enforcement officials combing the halls of my workplace. We proceeded to a conference room where I answered questions for the better part of the day while the agents proceeded to carry out their warrant. They were looking for specific systems that were on the warrant. They had IP addresses. Technically, they had the authority to take everything on the network that the computers identified on the warrant were on, however they followed the warrant pretty strictly, taking only the stuff on it. It was really the hardest day of my life. I had no idea what was going on most of the time. I felt like I was in a dream.

3) Was there a feeling that DoD was too big?
by crunnluadh

The incredibly large volume of warez DoD was trading must have been staggering. At any point in time did you or anyone else in DoD ever think that the whole ring was getting way out of hand? If so, what ever came from that or those discussions?

Chris:
In terms of percentages of releases put out by DOD in relation to the scene, we weren't doing all that many. We did, however, have quite a large number of ftp sites that were being heavily utilized. One of our private leech sites was larger than a terrabyte of games and movies. It was constantly being uploaded to and downloaded from. This should give you an idea of the amount of trading that was going on.

To answer your other question... I felt on a daily basis that things were getting out of control. There were times that I did actually quit, but only for a day or so. IRC always brought me back online. That was my biggest mistake. DOD was a warez group, yes... but imagine a bunch of guys/gals sitting around talking all day and suddenly you stop showing up... You start to miss that type of interaction.

4) Feelings?
by Sebastopol

Are you scared about going to prison? Do they prepare you in any way before you enter the facility, or do they just throw you in and that's it?

Just typing these questions make me uncomfortable.

Chris:
I am very scared to go to prison. I have never been in any sort of jail in my life. They prepare you in the sense that they tell you where and when to go, what you can bring, and what type of facility it is. The rest is done through books and my lawyer, who has been really great through this whole ordeal. I am fortunate enough to be assigned to a minimum security facility close to my home.

5) If it wasn't about the money, what was it about?
by wackybrit

You were a sysadmin at MIT, so were probably pulling in a pretty good wage.. at least, probably better than 50% of the Slashdot readership anyway.

So if it wasn't about the money, what was it about? Prestige is one option, but people in these groups need to keep hidden, so that doesn't fit. Was it for the ideals? If so, what ideals are there in ripping off software?

I can understand why people who can't afford software rip it off.. they have stuff to do, and can't afford $500 for Photoshop or whatever.. but tell me why someone with a decent salary will work in secret to beat the software companies.. what is the motivation?

Chris:
My motivation had absolutely nothing to do with the software, the prestige, the civil disobedience, or the mysteriousness of it all. My motivation was purely and simply putting technology to work. I have always been a curious cat, like most of you that read Slashdot. I was basically the Sysadmin of DrinkOrDie. I love to make computers work together, build up networks, install services, lockdown boxes... you guys know the drill. I got very carried away with what I was doing and forgot to confide in my moral self. I knew I was doing wrong, and yes... to clear anything up... it is absolutely wrong to steal software from a company. Whether it is ones or zeros or bags of money, it is stealing. If for no other reason, it is wrong because of the license agreement. If you don't agree with the license, don't use the software.

6) questions from a fellow cracker
by Anonymous Coward

I am a cracker from a fairly well known group, living in the US. We take normal precautions (encrypted email/irc), but there are clear vulnerabilities that cant easily be eliminated (topsite accounts and the possibility of trojaned supplied software, etc.). The dod bust stunned all of us with the lengths of the sentences, which seem out of proproportion to the crime. I find myself asking more and more whether the risk is worth the fun. We are all in it for the commaraderie and the friends (and the access to files); of course none of us are making any money from it. My question is, if you had it to do over again, would you stay out of a group, and of the scene? Were there risks you took that you sholdn't have? What were they? Any advice to someone still in the scene who wants to stay but worries about being caught?

Chris:
If I had to do it over again, I would absolutely not get involved with the scene. The scene is technically organized crime... that is it. Mobsters have friends too, but would you want to go to prison for what you and your fellow comrades are doing on the net? Isn't it better to pay for the occasional piece of software you might want than to pay with 33 months in federal prison? I think so... And you say here:

"I find myself asking more and more whether the risk is worth the fun."

That is the wrong way to think about it. You are asking yourself if it is worth something to commit a crime. What you should be asking yourself is, if what you are doing is fundamentally wrong. If it is (and I would say that it is) then stop doing it.

To answer the rest of your question... The only pertinent risk was getting involved with the scene in the first place. You will get caught sooner or later if you continue doing what you are doing. My advice to you is to get out while you still can. Any precautions you take are easily circumvented. For example, email encrypted via PGP is only as strong as the people who get the email. If the government busts 20 people in your group, the odds of one of the people giving up their passphrase is pretty good. from that point, all the mail is readable. Encrypted IRC is not going to do it either. What if one of the people you are chatting with is an informant? Encryption becomes meaningless.

My advice: get out of the scene.

7) Plans for your stay?
by zbuffered

One of the things about jail is that you have nothing but free time. So what do you plan to do? Study for a new career? Work out constantly? Plan your escape? Learn to speak Sanskrit?

When you get out, you will have had 33 months of basically no real responsibilities. If you find a nice, cushy prison, you can get some real work done. Are you going to use this time to make your life when you get out of jail better?

Also, when you get out, what do you plan to do? Something in the computer field, or do you plan to change your path when you get out? If I were in your place, I think I'd just get fed up with computers and become a florist or something.

Chris:
During the time I am in prison, I will educate myself. I will hopefully be able to take some classes towards a degree. Since I love working with systems, I will hopefully be able to school myself in the art of business and compliment my technical skills. My passion lies with IT, I would love to take the education I get from prison (formal or not) and use it to better my career and make me a better person.

8) Rise of P2P?
by Rayonic

How do you feel about the rise of P2P and its affects on the Warez community? Do you think it makes it safer (safety in numbers?) or do you think that it'll bring down the fist of the law even harder?

Which P2P networks did you prefer, if any?

Chris:
In the context of the warez scene, P2P networks don't play any part. They are essentially mutually exclusive members. I think that people in the warez scene used P2P networks just as frequently and for the same purposes as the majority of P2P users. P2P and the warez scene do, however, relate in one fashion. Both networks utilize the internet as a means to illegally distribute copyrighted works. This will affect both entities in that the more illegal activity that goes on in general, the more law enforcement will be trying to put an end to it. This puts more heat on both services. Technology crimes are also a hot topic as of late. So popular that there are many organizations, like the Software and Information Industry Association (SIIA) at www.siia.net and the Computer Crime and Intellectual Property Section (CCIPS) of the Department of Justice at www.cybercrime.gov, whose sole purpose is to stop them from happening. Software companies really do lose money from piracy, why else would they support these types of organizations?

Oh. and I preferred ftp.

9) What is your opinion of free software?
by Billly Gates

If you plan not to pirate software again would you chose to pay for commercial apps or would you use free software?

Has your opinion changed about free software vs commercial software because of your unfortunate experience?

Do you think strong armed tactics by the BSA and upcoming drm will actually help spread free software?

Chris:
I generally try to run linux on the desktop where ever possible. That being said, I love free software, I used it when I was pirating and I use it now. I am composing this in OpenOffice btw. :)

I think both free and commercial software have their place in the industry. I also think that DRM and the BSA won't really have any effect on free software. People and businesses who pay for software don't have to worry about these features because what they are doing is legitimate. In my mind, I would think that companies who are completely compliant who are targeted by the BSA would be happy about it. They would clear their name and be finally exonerated. With respect to DRM, I think this technology is mainly targeted at media right now. That being said, I don't think it will help spread free software. except for maybe free Ogg codecs and players. and a lot more Ogg-files.

10) Prove me wrong.
by _xeno_

I want you to explain if you disagree with the following and if so, why.

My understanding of this is that you were involved with the illegal distribution of copyrighted works, depriving the potential owners of money for the works (possibly - the reality may be "probably not," but...). You then received 33 months of jail time (or just under 3 years) which seems to me to be rather fair.

Based on the Operation Buccaneer information, you received counts of felony (criminal copyright infringement, probably), and conspiracy (to commit criminal copyright infringement, probably). (Both probablies are guesses based on the document.) This seems to be in line with what one would expect for charges against a ring of people whose sole goal is to steal massive quantities of software and redistribute them to as many people as want them at no charge. (The fact that there was no charge probably reduces the sentence to a degree, but the fact that it required specialized skills and involved a large collective of people acting together to commit criminal copyright infringement probably both outweigh that.)

So... why should I feel sorry for you? You got what you deserved. You stole from people and gave copies to as many people as you could. Based on the MIT press release, you illegal utilized systems you were supposed to be administrating for the purposes of illegally distributing software. As far as I can see, you got exactly what you deserved.

So - prove me wrong. Demonstrate that my understanding is flawed or that I am misunderstanding the crime. Demonstrate that it should not be a crime. Or - accept my view. Explain if you feel sorry for your actions and believe that you did indeed commit the crimes. Or come up with another response that does not fall directly between agree and disagree.

Chris:
Is this flamebait for the interviewee or what? :) I won't bite. Your question seems to start halfway through your rant, so I will start there.

You shouldn't feel sorry for me. I committed crimes that I shouldn't have committed. I stole from innocent companies and now I am feeling the repercussions. I am not asking for pity nor am I looking to be put up on a pedestal for what I have done. I am simply here to tell people what happened and that it can happen to anyone who takes part in this type of thing.

Addendum:

My nickname wasn't mentioned when the call for questions was posted, I guess I forgot to tell Robin. I was known as bigrar, BiGrAr on irc. If anyone wants to ask any questions besides the ones I have answered, you can send me email at nospam@rarcom.com. Actually you can take a look at my website as well, at www.rarcom.com (my hosting company is going to kill me). I am setting up a service there called the "Free Software Mirror Project". Through this site, I hope to start a huge mirror system for free software. When these questions are posted to slashdot, I am going to make the URL all text, so as to not completely slashdot my hosters. The mirror system is unique because it will work the same way the warez scene works. with couriers, suppliers, etc. Drop me a line if you possibly want to help me out with this.

Thanks,

- Chris

641 comments

  1. Show of remorse by vegetablespork · · Score: 1, Insightful

    Required so that he doesn't get a stiffer sentence. I don't buy it--I don't believe you really think warez is theft, but I understand why you're parroting the party line.

    --

    Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    1. Re:Show of remorse by modus · · Score: 5, Informative

      Actually, at this point it probably has more to do with an eventual parole application. He's already been sentenced to 33 months, no show of remorse is going to change that.

    2. Re:Show of remorse by Anonymous Coward · · Score: 1, Flamebait
      Yeah, I don't buy it eaither. If got almost 3 years for that, I'd be a bitter, raging maniac. This guy seems unusually well-composed for a person of his type in the position he is in.

      I mean come on, I've read of rapists getting less time. You tellin' me that Adobe's profits are worth more than some woman's emotional/physical well being? What a fucked-up world we live in.

    3. Re:Show of remorse by PunchMonkey · · Score: 5, Interesting

      Required so that he doesn't get a stiffer sentence. I don't buy it--I don't believe you really think warez is theft, but I understand why you're parroting the party line.

      Or (are you ready for this?) Maybe... just maybe.... he really does think illegally distributing software is theft (and wrong).

      OMG, is it possible for the "sysadmin" of a warez group to have morals and values? I think it is.

      --
      I'll have something intelligent to add one of these days...
    4. Re:Show of remorse by isorox · · Score: 3, Insightful
      Or (are you ready for this?) Maybe... just maybe.... he really does think illegally distributing software is theft (and wrong).

      No. It's copyright infringment. It's illegal. It may even be wrong.

      It is NOT theft. Theft is:

      ( Websters)1. (Law) The act of stealing; specifically, the felonious taking and removing of personal property, with an intent to deprive the rightful owner of the same; larceny."

      Note: To constitute theft there must be a taking without the owner's consent, and it must be unlawful or felonious; every part of the property stolen must be removed, however slightly, from its former position; and it must be, at least momentarily, in the complete possession of the thief.


      Copying is not theft, its plain english.
    5. Re:Show of remorse by Anonymous Coward · · Score: 2, Insightful

      OMG, is it possible for the "sysadmin" of a warez group to have morals and values? I think it is.

      If he had morals and values previous to this, he wouldn't have done it.

      He's just repeating the values that the people putting him away want to hear.

      A 10-year-old could sound more convincing than he does anyway

    6. Re:Show of remorse by NDPTAL85 · · Score: 0, Redundant

      Man you still don't get it do you? The "information wants to be free" crap is over. Its still is and always has been wrong to steal software. And warez has always been theft.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    7. Re:Show of remorse by CaptainAx · · Score: 1

      He was convicted, he plead guilty and as a result he proffered everything he did to the government. They aren't going to change his sentence as a result of what he says here. He'll have to be consistent with his statements of remorse otherwise he might be accused of violations of Title 18 section 1001 (perjury). Warez isn't theft. Theft is depriving someone of some tangable product. They will make up a name for this eventually.

    8. Re:Show of remorse by CaptainAx · · Score: 1

      There is no parole in the federal system.

    9. Re:Show of remorse by TRACK-YOUR-POSITION · · Score: 0, Troll
      OMG, is it possible for the "sysadmin" of a warez group to have morals and values? I think it is.

      I think it is too. Morals and values with which distributing software does not conflict. The question is, is it possible for Microsoft and their sycophantic, Stockholm-syndrome suffering lackies to have morals and values?

    10. Re:Show of remorse by timeOday · · Score: 3, Funny

      Probably, except what was that part about being gladly audited by the BSA? That's kooky-talk. Nobody in their right mind wants to be guilty until proven innocent.

    11. Re:Show of remorse by Anonymous Coward · · Score: 0

      I've read of rapists getting less time

      Please provide any bit of evidence for this statement. I have a feeling you are mistaking movies for real life.

    12. Re:Show of remorse by originalLackey · · Score: 1

      I believe that he knows what he he did was wrong.
      And i commend him on how well he is taking responsability for his actions. // begin rant

      In response to the warez supporters.
      The fact is:

      A company creates a product (i.e. software).
      That company expects compansasion for their time and effort. Therefor: not compensating the company when they expect to be compensated is theft.

      There is no grey area here. No matter what BS you come up with to justify your actions you are still breaking the law. // end rant

    13. Re:Show of remorse by Anonymous Coward · · Score: 1, Insightful
      Yeah, no shit. In case anyone doubts this, check out this site for some statistics on rape sentencing. It's pretty sad.

      From the link: The good news is, the expected sentence tripled from 1980 to 1997. The bad news is, the expected sentence for a forcible rape is still only 128 days (up from 39 days in 1980 and 99 days in 1993). By comparison, the expected sentence for robbery is now 59 days; for murder, 41 months.

    14. Re:Show of remorse by PunchMonkey · · Score: 2, Insightful

      Or (are you ready for this?) Maybe... just maybe.... he really does think illegally distributing software is theft (and wrong).

      No. It's copyright infringment. It's illegal. It may even be wrong.

      It is NOT theft. Theft is:


      Yeah, yeah. Now you're getting technical. I'm just reusing the phrase from the original argument "I don't believe you really think warez is theft".

      Just because the dictionary defines a word as having a certain meaning, doesn't mean that every human being automatically knows that and uses that word as such. I'm sure you understood the intentions behind both my post and the parent post, no need to nitpick.

      --
      I'll have something intelligent to add one of these days...
    15. Re:Show of remorse by Omnifarious · · Score: 3, Insightful

      Just because people have a different notion of what is moral from you doesn't mean they have no morals.

    16. Re:Show of remorse by modus · · Score: 3, Informative

      Not true. See http://www.usdoj.gov/uspc/mission.htm.

      The relevant bit is:

      HOW PAROLE WORKS FOR FEDERAL PRISONERS

      All eligible prisoners, except those serving a term of ten years or more, may apply to receive an initial parole hearing within 120 days of commitment and are provided with a parole release date based upon the appropriate parole release guidelines. This provides the prisoner with a tentative release date, providing the prisoner maintains a good institutional conduct record.

      Now, certain conviction on certain crimes can limit your ability to get early parole or get time off for good behavior, but those tend to be drug/violence related crimes, not white collar.

    17. Re:Show of remorse by Anonymous Coward · · Score: 0

      You are so incredibly wrong it is amazing.

      Copying does not equal theft. The company can *not assume* (well, logically anway) that the person who got the copy would have bought it in the first place, and therefore cannot assume that all copies of software are lost sales. The person receiving the copy never deprived anyone of any item, as the original is still in the owner's possession, so to say there was stealing going on is also wrong. The law may have been broken, yes, but that is a different issue.

    18. Re:Show of remorse by sp3c1alK · · Score: 1

      I shouldn't be suprised at your cynical reactions, but maybe we should take his comments at face value. It's easy to say he's 'parroting the party line' when you're not in his shoes. He's looking at REAL prison time which is something most of us can't even imagine. He's looking at 'the scene' from a whole different perspective than you and I and we can't expect him to not show remorse. Besides which, if the potential penalties weren't so stiff, people wouldn't be attracted to it like kids swiping candy at the corner store. Happy 5th /.

    19. Re:Show of remorse by Anonymous Coward · · Score: 0

      is ndptal85 your badge number nark?

    20. Re:Show of remorse by Anonymous Coward · · Score: 0
      Statistics in this area are clouded by the sentence terms (average of 10 years) for convicted rapists (not those who pleabargain) versus the actaul time served (average of 5 years).

      As these are averages, it would be safe to assume that there have been cases where rapists both recieve terms of, and served, less than 3 years.

      No, I don't have sources handy, but a google search on "rape sentence statistics" should quench your thrist for evidence.

    21. Re:Show of remorse by malfunct · · Score: 1
      Illegal copying of a software product would be more like theft of service. If you read the EULA for most software (yeah I know the /. crowd doesn't believe in them but humor me) you will find that what you purchased was unlimited use of the software on a single machine by a single person, yup thats right, you bought the right to use the services of the software and not a product at all. People hate the idea of software as a service but thats all it is, there is no product changing hands except the media that the software is printed on for you to use it.

      Anyways back to my original point, because software is a service, a rental in a way (though of unlimited duration), using it without paying the fee is theft, even by your definition.

      Bottom line, if you don't want to pay the fees or live by the licence don't buy or use the software. If there is any belief in the open source community then there are plenty of alternatives to commercial software available for you to use under licence terms that are more agreeable.

      --

      "You can now flame me, I am full of love,"

    22. Re:Show of remorse by Anonymous Coward · · Score: 1, Interesting

      It's not just a nitpick.. it's a valid point. When you "steal" or commit "theft", you take something from the owner. That means they don't have it anymore. That means they can't use it. When you steal my car, I can't get home. When I "steal" Adobe's copy of Photoshop, it doesn't stop them from using it, it doesn't stop anyone else from using it, it doesn't stop Adobe from selling it, it doesn't stop legitimate users from buying it.

      The reason this is made to be such a big deal is simple. As long as corporations can talk lawmakers and judges into thinking warez/mp3s etc. constitute a "theft", we will continue to see penalties for people who participate in these activities to far outweigh the damage they have done. This man's life is already destroyed and he hasn't even gone to prison yet. That should be more than enough punishment for a crime of such little magnitude.

    23. Re:Show of remorse by thomas.galvin · · Score: 2

      Yeah, no shit. In case anyone doubts this, check out this site for some statistics on rape sentencing. It's pretty sad.

      What a wonderful way to ruin a Friday. Now I'm all angry.

      It'd be real easy to go on an off-topic rant here, but I'll try and keep it /.-centric by commenting that these kinds of crimes, where people are actually harmed, physically and emotionally, should be so much higher on the legal system's to-do list than figuring out how to shut down Johnny MP3 ripper. How in the hell does the DMCA even make it to the floor for debate when we don't take care violent offenders?still don't care

    24. Re:Show of remorse by zodar · · Score: 1

      I don't think they can EXTEND your sentence based on lack of remorse; they just won't shorten it. Unless your name is Bret Kimberlin, of course.

    25. Re:Show of remorse by Anonymous Coward · · Score: 0, Flamebait

      How many fundamentalist christians who think masturbation is wrong do it anyway? How many of them bomb abortion centers, and assinate doctors?

      Just because you think something is morally wrong dosen't mean that you can't/won't do it. Maybe his is a case of the greater of two evils? Maybe he is addicted to warez trading, and compulsively participates in the scene? I wonder if that was the case, whether or not he could have pleaded insanity?

      I'll agree that he didn't sound too fourthright about his opinions, and wanted to appease the 'other' sort of people who might be reading this article. However I won't go as far to say he dosen't think he did some wrong things...

      Viva Juarez!

    26. Re:Show of remorse by Anonymous Coward · · Score: 1
      Ok, lets say if you come up with an idea for an invention, that could potentially earn you megabucks. If I look in your window and obtain the details of your invention, then go out and produce that product, did I not "steal" your idea/invention?


      You still have the idea, but that idea is less valuable now. Therefore, by depriving you of the full value of it, I've stolen value from you.

    27. Re:Show of remorse by NDPTAL85 · · Score: 1

      Yes it is.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    28. Re:Show of remorse by AngryPuppy · · Score: 1

      You may not be stealing the product, but you are stealing profits. Arguing semantics doesn't change reality.

    29. Re:Show of remorse by Anonymous Coward · · Score: 0
      You may not be stealing the product, but you are stealing profits. Arguing semantics doesn't change reality.

      Full-O-Shit -- in many cases, the putative profits would never have been made. Can't get blood from a turnip.

    30. Re:Show of remorse by HyperbolicParabaloid · · Score: 5, Insightful

      Also not true. On the same page, in the paragraph before the one your quote is:


      The Sentencing Reform Act of 1984 abolished parole eligibility for federal offenders - except military offenders -- who commit offenses on or after November 1, 1987.


      So there is no longer any parole in the federal system.

      --


      -------------------------
      A person of moderate zeal
    31. Re:Show of remorse by AngryPuppy · · Score: 1

      "in many cases", you say. That implies to me that some would buy, wouldn't you agree? Many more say they would never buy the product, yet they continue to use it. I believe that many of that group would buy it if they did not have the option to get it free. It's not a 100% loss of profits per copy, but I believe there is a loss.

    32. Re:Show of remorse by vegetablespork · · Score: 1
      He was convicted, he plead guilty and as a result he proffered everything he did to the government. They aren't going to change his sentence . . .

      You don't think they have other counts they are holding over his head?

      ~~~

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    33. Re:Show of remorse by xyzzy-ladder · · Score: 1

      I'm tired of the newspeak as well. Copying bits is not theft no matter how you look at it, and sharing music is not piracy, that's hijacking ships.

      It would be hard for the corps to get any sympathy if they went around saying, "Stop copying us" and "Don't share!" Hence the newspeak.

      --
      There are two types of people; those who divide people into two types of people, and those who don't.
    34. Re:Show of remorse by Anonvmous+Coward · · Score: 2

      "Yeah, I don't buy it eaither. If got almost 3 years for that, I'd be a bitter, raging maniac. This guy seems unusually well-composed for a person of his type in the position he is in."

      He may very well be relieved. His description of where he's going doesn't sound that bad. He already knows he's going, he knows how long he'll be there, and he's already made plans to make the most of it.

      I've never been in a situation like his before, but I think I can understand. I did something stupid as a kid and got grounded for a month. (That's a looong time when you're a kid.) Before the punishment was handed down, I was thinking "My dad's gonna kill me! He's gonna kill me!". Once my dad came down with the 1-month punishment, I was strangely relieved.

      Yeah, it sucked. It was boring. But at least the worst was over and I could quietly get through my grounding. I can honestly say that the anticipation of what my dad was going to do far outweighed the feelings I felt during the grounding.

      Okay, grounding's nothing like jail, but his description offers some glimmers that it won't be so bad while he's there. Heck, he might even make parole.

      The only point I'm making is that maybe because it's all been determined now, there's no more anxiety about what's going to happen to him. He may be in a good mood over that. At least he can talk about what he's done now, and feel like he's in the clear. He's not doing anything now he can get caught for!

    35. Re:Show of remorse by isorox · · Score: 3, Insightful

      Theres no way to proove that someone wouldnt buy it, however theres no way to proove someone would.

      If I have a copy of lightwave 3D that I am not licensed to have, would I have bought this $5,000 product. BTW I'm a student with an annual income of arround a $5,000 loan.

      No. Thats right. Lightwave inc. havent lost out.

      I then buy a $40 book on how to use lightwave, the book publishers (and lightwave inc. via royalties), gain money.

      Later (10 years) I have the skills to use lightwave, and therefore when I choose a 3d package for a company, I'll choose lightwave as I know it. Lightwave inc. gets money.

      I will say that the makers of "cheapo lightwave", for only $100, may lose out. In my experience It's unlikely though.
      At uni we couldnt install a dodgy copy of photoshop because they do audits and tell us off. Instead of buying paint shop pro, we installed the gimp. If you cant have the best, then why not have something for Free?

    36. Re:Show of remorse by InOverMyFeet · · Score: 0

      I CAN imagine you being someone's bitch in prison with that kind of blind attitude. Truth is, prison has never been proven to rehabilitate even a majority of criminals. He is obviously playing his "out on good behavior card".

      --

      -- Probability does not dismiss possibility --

    37. Re:Show of remorse by Anonymous Coward · · Score: 0

      I agree with you: people are more important.

      However, one thing that I don't think some people consider about rape sentencing is that in many cases I'm sure it's quite difficult to know for sure that a rape occurred. There are many reasons that a woman might falsely accuse a man of rape. It's also difficult to determine whether the woman said yes or not. Of course there are clear-cut cases, but what about cases where it's not?

      I imagine (although I don't really know), that a lot of the cases involve a lot of alcohol consumption by both parties, and possibly neither really remember what happened.

      Unless there's some evidence of a struggle or date rape drug, I would guess it's almost impossible to determine for sure. That's why when they're "pretty sure" they don't give out huge sentences.

    38. Re:Show of remorse by Script0r · · Score: 1

      Don't you think displaying a link to your site (slsahdot.org kind of disrupts the validity of what you are trying to do? It counted me as someone who mispelled slashdot.org, but i just clicked the link. I wonder how many other false hits you have listed?

    39. Re:Show of remorse by Adam+Wiggins · · Score: 2

      Correct. You may also note that US Rep. Patsy Mink has introduced a bill to reinstate federal parole:

      http://drcnet.org/wol/255.html#minkbill

    40. Re:Show of remorse by Anonymous Coward · · Score: 0

      For your information, US Rep. Patsy Mink died recently.

    41. Re:Show of remorse by CaptainAx · · Score: 1
      They probably used a method of "sentencing entrapment" to get him to plead guilty. Why in the world would someone plea guilty and get a felony on their record to 33 months when the statutory limit is 60 months? They probably threatened to charge him with a conspiracy charge and a copyright infringement charge (Title 18 Section 506(a)). They may choose also divide the dollar amount up so they could charge him 100 counts (based on the $2500 needed for the felony charge).

      He bowed under their pressure and will probably testify against the members that don't plea guilty. There still isn't an indictment in this case. There were 70+ searches in Operation Buccaneer and only a handful have plead guilty.

    42. Re:Show of remorse by Warin · · Score: 2

      How would double jeopardy clauses come into this? I mean he has plead guilty to the actions as a member of the warez group. Dragging out later charges would be charging him twice for hte same offences. And if his lawyer didnt see that the plea and sentencing were blanket for his acts as a member of DoD, then he isnt as sharp as I am, and IANAL.

    43. Re:Show of remorse by Anonymous Coward · · Score: 0

      Did she die in her home in Maine at age 55? Is she truly an American icon?

    44. Re:Show of remorse by Prong_Thunder · · Score: 1

      > I believe that he knows what he he did was wrong.

      Yup. Getting caught would feature high on that list.

    45. Re:Show of remorse by Master+of+Transhuman · · Score: 1


      Now, one way to get your ass beat in the joint is to be known as someone who testified against someone else in open court or otherwise. This can make your time in the joint REALLY BAD - assuming you don't get stabbed to death.

      Snitches are not liked in the joint - even though there are tons of them there.

      If he's smart, he will NOT testify against ANYONE - or even make ANY statements about ANYONE.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    46. Re:Show of remorse by Tikiman · · Score: 1
      If I have a copy of lightwave 3D that I am not licensed to have, would I have bought this $5,000 product. BTW I'm a student with an annual income of arround a $5,000 loan.

      No. Thats right. Lightwave inc. havent lost out.

      Did you know there is a Lightwave student edition? Looks like Lightwave is down $395 to me. That looks like 1/4 of their normal price of $1600 or so. Or heck, there is even a free version that has some reduced capabilities, but would be perfectly suited for learning the product. This is the offer Lightwave has chosen to extend to students and those who wish to learn the software, it is not fair for you to just say, "Nah I just want to use an illegal copy of the full product"

    47. Re:Show of remorse by isorox · · Score: 2

      pedantic twat

      How about "Mega-Expensive-Software 1.0".

    48. Re:Show of remorse by Tikiman · · Score: 1
      How about "Mega-Expensive-Software 1.0".

      It doesn't matter. A company has the right to shoot itself in the foot as far as pricing. Their software, their rules. You will find , however, that a large majority of companies do in fact have reasonable educational discounts.

    49. Re:Show of remorse by Anonymous Coward · · Score: 0

      "OMG, is it possible for the "sysadmin" of a warez group to have morals and values? I think it is."

      Yeah, it's possible, but it is a little suspect in this situation...

  2. Happy about a BSA raid? by Entrope · · Score: 5, Interesting
    In my mind, I would think that companies who are completely compliant who are targeted by the BSA would be happy about it.

    That totally ignores the disruption, effort, and other impact that such an "audit" (sometimes just a jackbooted search without any warrant) has on the company. When you come down to all the commercially licensed software that is used at the "average" company, it becomes an enormous hassle for the IT staff to:

    1. Figure out who is using what
    2. Produce the proofs of purchase or whatever else is necessary
    3. Convince the auditors that there is no additional commercial software being used
    The payware mafia are proud of saying that most audits are based on tipoffs from disgrunted ex-employees -- which scares most companies because, no matter how hard they try, they will have some disgruntled ex-employees. It doesn't have to be a tip based on fact, it just has to be believable enough to warrant an audit.
    1. Re:Happy about a BSA raid? by Anonymous Coward · · Score: 0

      This guy is clearly an idiot. Nobody would be happy about a BSA raid. It is the same dumb argument as saying you shouldn't have a problem with me searching your entire house without a warrant for illegal materials, because the only reason you wouldn't want me to is if you have any.

      Plus, copying software IS NOT THE SAME THING as stealing software. Unless they actually took the physical media from someone, thereby *depriving the other party of something*, which clearly did not happen, it is by definition not stealing. Copying is a different matter.

      Like I said, that guy is an idiot and I am glad he is going to jail.

    2. Re:Happy about a BSA raid? by Deagol · · Score: 5, Insightful
      When he said "happy about it", the "it" in question was the DRM stuff. If all software were DRM-enabled, and a company was audited, you could basically just say "Hey, it's running, so it must be registered and legeit, so bugger off!"

      A world of DRM software might reduce revenue for the BSA. "Poor, poor BSA!"

    3. Re:Happy about a BSA raid? by Etrigan_696 · · Score: 2

      Just recently taking a job in IT, I've been thinking about this heavily. What if the Brown Shirts kicked in my server room door and threatened me unless I could produce liscenses for all the software in there?
      Some of that crap dates back...What? FOUR IT managers ago? Two Office buildings ago.... At a couple of the workstations out in the workshop, they've got 386s and Win3.1...Just enough to let them run the purchasing database front-end...(and something that doesn't need a fan - which would be gummed up and on fire in days). Many companies go through this! WAUUUGH!

      I wish I had enough money to write my own laws and have my own army to enforce them.

      Who knows what survived the moves and the re-organizations, the buyouts ...etc. etc. etc.

      Maybe I'll be joining Chris here in a "Federal Pound-me-up-the-ASS Prison"...

    4. Re:Happy about a BSA raid? by matt_morgan · · Score: 3, Interesting

      While I agree that I would never want to waste any time on an audit by the BSA, there are ways to handle this more easily. Point by point to your 1-2-3:

      1) I have inventory. Yes, it costs me money and time. But I know what software is on what computer. My users do not have access to install software on their work computers. As IT manager, I am fully responsible for the software installed on their machines. I do this not only to prevent piracy, but because it makes support tons easier. Any software that's on their computers is software that someone in my department can support.
      2) I keep track of licensing. This is not so hard. It's annoying that some licenses come on paper, some come in email, or whatever. Most payware companies also keep track of licensing for you, now. But I keep track of licensing not because I'm afraid of being audited, but so that upgrades are easier and cheaper.
      3) Again, users have no ability to install software outside what is provided. I believe, although I may be wrong, this would go a long way toward getting me an innocent-til-proven-guilty approach, if not from the BSA, but definitely if it went any further.

      There's no question that the BSA's methods are unacceptable in any enlightened sense. But I do things for other reasons that would help in the case of an audit. It's a lot of work to keep track of this stuff, but it's easier than having to figure it out every time you want to license an upgrade. Or doing a survey to see who needs that upgrade and who already has it. And it's hard to keep users from getting installation rights, but it's better than having them break their own computers, or ask my staff questions about stuff we can't support.

      Even if I used all freeware, I would still want to keep control of all this stuff.

    5. Re:Happy about a BSA raid? by ergo98 · · Score: 1

      Plus, copying software IS NOT THE SAME THING as stealing software.

      Uh huh. He's a parallel for you: Is counterfeiting money stealing?

    6. Re:Happy about a BSA raid? by GigsVT · · Score: 2, Insightful

      this would go a long way toward getting me an innocent-til-proven-guilty approach,

      I think this pretty much sums up everything that is wrong with the system.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    7. Re:Happy about a BSA raid? by GigsVT · · Score: 1

      Is counterfeiting money stealing?

      No, but actually using counterfeit money is committing fraud, a form of theft. Bad analogy.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    8. Re:Happy about a BSA raid? by ergo98 · · Score: 3, Insightful

      Why is it that so many of here either use dictionary distinctions to clarify whether something is theft/stealing, but when that fails they switch to legal definitions?

      "Stealing" and "theft" are generic terms that apply to anything that deprives someone of something that is rightfully theres, directly or indirectly. Copyright violations deprive the copyright holder or agents of the payment that is rightfully due to them, just as the GPL requires copyright "payment" in the form of derived works being under the GPL, openly distributed, etc. (I presume that every single person who yaps about software theft not being theft has no problem with Microsoft taking GPL code and copy out with Microsoft Winux?). Copyright violations are _theft_, and dictionary distinctions ring a little ridiculous.

      Counterfeiting, like copyright violations, is easy to justify: I mean, where's the victim if you print off $100? Of course the victim is society as a whole, but that is hard to comprehend for the simpleton thought process of "Theft is stealing my bike" that we see on Slashdot.

    9. Re:Happy about a BSA raid? by 2short · · Score: 2, Informative

      I'm certainly no fan of the BSA, and being "happy" about an audit is certainly a stretch; but if they showed up where I work and wanted to know who was using what and see licenses for every copy, it would be no problem. We'd point them to the file cabinet in our IT guys office and say "knock yourself out".

      If figuring out who is using what and finding the licenses is a problem for you, that tells me you're not already tracking it. Which means you don't really know if you're legal. Which means, frankly, you're probably not.

    10. Re:Happy about a BSA raid? by WetCat · · Score: 1

      Now... how easy for developer or user in
      your company to get an approval for an installation of (possible BSD-license) software on his computer that he/she can
      figure out useful? How much time does it take? What database means do you use to store licenses?

    11. Re:Happy about a BSA raid? by Demonspawn · · Score: 1

      No, it's counterfiting.

      Check out the federal law books if you don't belive me... but nobody that has been arigned on counterfiting has then been convicted of stealing based on those charges.

      Seperate terms of sentance too. I'm not looking at the books atm, but if I remember correctly counterfiting has a longer sentance.

    12. Re:Happy about a BSA raid? by Raafje · · Score: 1

      Uh huh. He's a parallel for you: Is counterfeiting money stealing? In Holland it's not. In fact, there's an entire chapter of our law dedicated to counterfeiting, and another to theft. So that's not quite the analogy you're looking for.

      --
      Slashdot: News for stuff, Nerds that matter!
    13. Re:Happy about a BSA raid? by GigsVT · · Score: 1

      "Theft is stealing my bike" that we see on Slashdot.

      Don't let those people detract from the real problems in copyright law. The DMCA goes too far. DRM could mean the end to the Internet as we know it. The public domain may never get any new works from expired copyrights... all these things are real problems, don't let rationalizations of copyright violators detract from these real problems that need action to reform.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    14. Re:Happy about a BSA raid? by IceDiver · · Score: 5, Insightful
      "Stealing" and "theft" are generic terms that apply to anything that deprives someone of something that is rightfully theres, directly or indirectly.

      Wrong. Using a specific term generically does not make it less specific. "Theft" implies the removal of a physical object (or pseudo-physical, such as money in a bank account) depriving the owner of its use. Illegal copying, while it deprives the owner of the copied work of compensation for the use of his work, does not deprive him of the work itself. That is why it is not theft. It is illegal copying, and is wrong, but it is not theft.

      The BSA (also MPAA & RIAA) deliberately use the inaccurate terms "stealing" and "theft" because peoples' gut reaction (such as yours) is based on their experience of the true nature of those crimes. If they correctly used the terms "illegal copying" and "copyright ingringement" their case would arouse much less public sympathy. Their arguments are misleading in other ways, as well. It has been pointed out in other posts that they assume everyone who obtained an illegal copy would have paid for the software if the copy was not available. This is obviously misleading, and it is not the only example.


      I presume that every single person who yaps about software theft not being theft has no problem with Microsoft taking GPL code and copy out with Microsoft Winux?

      Of course I have problems with anyone who illegally copies someone else's work. But it is not theft. Software theft would be me shoplifting a copy of Windows from a store. This would deprive the store of a physical item (which they paid for) which they can no longer exchange for money (or something else of value). If, however, I work at that store and make a copy of the Windows CD, putting the original retail box back on the shelf, the store still has the copy for sale. My action in that case is illegal copying, not theft. The only thing the store (and MS) are out is the possibility of a sale. It is not certain that I would have bought a copy of Windows if I hadn't copied it. Thus, while making an illegal copy is wrong, it is not theft and does not have the same impact on the victim. It has some impact, but not the same. That is why equating "illegal copying" with "theft" is misleading and should be avoided.


      I mean, where's the victim if you print off $100?

      There isn't one. There is only a victim if I then represent the fake $100 as real and use it to purchase something. In that case I am guilty of fraud, but it is still not theft (though it is closer to it than copying is).


      dictionary distinctions ring a little ridiculous

      No. Dictionary distinctions are what keep us from talking about everything as if it is the same thing. Rape != Murder, though both are violent. Blue != Purple, though they can be close. Theft != Copyright Infringement, though both are wrong. Talking about things using the correct terms is important if we are to properly understand them and their consequences. Without proper understanding we can not create a proper response. It will likely be either excessive or inadequate. Right now I think it is excessive, and will remain so until the discussion is couched in the proper terms.

      This is my .sig! Get your own!

    15. Re:Happy about a BSA raid? by t · · Score: 1, Interesting
      If you were using all linux and free software then you could tell the BSA people to flat out fuck off. If they aren't FBI with warrants the have no authority to do anything. They'll try to scare you by saying, oh yeah, we'll come back and demand maximum penalty for every infraction! We're trying to help you out by doing an audit! The answer once again is "fuck off". It is really that simple.

      In the offchance that they manage to get a warrant (have they ever?), they would find nothing. And I'm sure you could sue them for something, or ridicule them and the FBI in the newspapers. Thereby ensuring the FBI would require more proof next time around.

    16. Re:Happy about a BSA raid? by Anonymous Coward · · Score: 0
      Why is it that so many of here either use dictionary distinctions to clarify whether something is theft/stealing, but when that fails they switch to legal definitions?

      The chief reason is that the **AA insists on using the worst of the generic words to describe what is legally a much different (and lesser) thing. They don't try to impress the media with "copyright violation", they have to add in shit like "theft" and "economic terrorism".

      How about the cable outfits that have in your EULA that you agree violating the TOS in any way is "theft of service"? How do you think the judiciary and the legislature will look upon being cut out of their proper function of defining a crime? Sure -- it's just up to you and your ISP. Why not simply agree that the misuse is sodomy committed upon minors?

    17. Re:Happy about a BSA raid? by Anonymous Coward · · Score: 0
      No. Dictionary distinctions are what keep us from talking about everything as if it is the same thing. Rape != Murder, though both are violent. Blue != Purple, though they can be close. Theft != Copyright Infringement, though both are wrong. Talking about things using the correct terms is important if we are to properly understand them and their consequences. Without proper understanding we can not create a proper response. It will likely be either excessive or inadequate. Right now I think it is excessive, and will remain so until the discussion is couched in the proper terms.

      Thank you for the healthy dose of analysis and reason here. And for the part I didn't quote about using certain words solely to elicit certain reactions.

    18. Re:Happy about a BSA raid? by foyle · · Score: 1
      The payware mafia are proud of saying that most audits are based on tipoffs from disgrunted ex-employees -- which scares most companies because, no matter how hard they try, they will have some disgruntled ex-employees.

      If you're one of the happy ex-employees, does that mean you're gruntled instead of disgruntled?
    19. Re:Happy about a BSA raid? by matt_morgan · · Score: 2, Informative

      Well, we don't really have developers, and I realize the problem is a bigger deal when you do have developers. We have only one, and he's in my department, and he has administrative rights to his machine. So he can install whatever he wants, with the understanding that adhering to the law is part of his job. Pretty much it's all open-source stuff that he wants, so it's not such a big deal. We don't really make an effort to keep track of his software, since he can be responsible for it.

      We have a written policy for getting additional software approved. In general when people make requests, it turns out to be for something they already have, and just didn't realize, since we image computers with all the useful utilities that are most commonly wanted. But the policy does spell out, with some but not a huge amount of detail, what kind of software might be approved, and it specifies that the licensing, installation, and media (if any) will all be managed by information systems if the software is approved. It doesn't come up all that often.

      We use an in-house OpenACS app (PostgreSQL back-end) to keep track of the licensing and software inventory. It only works because I'm a stickler about making the computer support staff keep it up-to-date. But when they get used to it, they do see the benefits and self-start with it.

      My point, which I admit was not well-emphasized, was really to say that I think keeping track of these things is worthwhile independent of anti-piracy measures. Probably a little OT, and I guess the first post came off a little self-congratulatory. Poor rhetorical strategy on my part.

    20. Re:Happy about a BSA raid? by fenix+down · · Score: 1

      gruntle gruntled gruntling [back-formation fr. disgruntle] (1926)

      verb transitive

      : to put in a good humor

    21. Re:Happy about a BSA raid? by Anonymous Coward · · Score: 0

      This is exactly why I have two hardrives on sleds at my desk. One useless drive that our IT dept set up and I never use and one I use. When they come around slap goes the "dumb" drive. I never ask for help because I need to have a workstation that WORKS. BTW there is nothing on my "real" drive that was not paid for!

    22. Re:Happy about a BSA raid? by Gerry+Gleason · · Score: 3, Insightful

      Everything you say may be true, but it is really beside the point. Just because a company has bad practices, or in some cases has suffered from turnover (whether self inflicted or not), doesn't mean they should have to worry about the BSA auditing them. Unless they have a solid legal basis to claim a violation has taken place, the BSA doesn't have any right to make anyone prove they are in compliance. Lots of organizations just don't have the time or talent to do every administrative task (IT, or otherwise) completely right, but they manage to focus on their customers enough to stay in busingess.

    23. Re:Happy about a BSA raid? by Anonymous Coward · · Score: 0

      Copyright violations deprive the copyright holder or agents of the payment that is rightfully due to them, just as the GPL requires copyright "payment" in the form of derived works being under the GPL, openly distributed, etc.

      Wrong I could legally purchase a copyrighted work and make UNLIMITED copies as I see fit. As long as they're for my personal use I have NOT violated the copyright. In fact I believe this is known as fair use. If we didn't have this most of us would not have a chance to see the Mona Lisa unless the original painting was on tour.
      So libraries allowing people to check out copyrighted books is stealing as the author gets absolutely no compensation for you reading the book. OK OK software, books and paintings are 3 different things but we try and lump them into one catagory.
      We need to revise our copyright themes. We have 26 letters in the [English} alphabet and I can "copyright all the letters in one single sentence.
      The quick brown fox jumped over the lazy dog.
      Now anyone that uses any of these letters in another rendition is guilty of violating my copyright.
      © 2002 Anonymous Coward all rights waived.

    24. Re:Happy about a BSA raid? by Anonymous Coward · · Score: 0

      Copyright infringment isn't software piracy, and you're 100% right on that.
      Software piracy involves big ol commercial CD/DVD presses that make perfect copies of commercial CD/DVD releases, and then selling them 'for-profit' Either as Silvers, or as 'forgeries' of the original.
      Copyright infringement is exactly what DoD was involved with, and everyone who downloaded movies and software from free from them Knew what they were doing. Some of those people were doing something as simple as disabling the annoying anti-consumer 'protections' for software they had already purchased. most were just trying out software, or watching movies because they couldn't or wouldn't pay for either.
      A lot of the people who "copyright infringe" software end up buying software, and having a desire to buy software, because they use all the good stuff, or see the movies worth paying for on DVD and buy the DVDs.
      no, none of this makes copyright infringment 'good' but it does beg to have the question asked, is copyright infringment Worth stopping?
      Like all crimes you can only fight a continously loosing battle against Copyright infringment. If the presidant declared a 'war' on copyright infringment it would fare no better than a 'war' on drugs, and fare less well than a 'war' on terrorism. At least the latter you can drop GPS guided 5,000 pound bombs on 'terrorists.'
      Considering that you're making it harder for people to 'see' your software, and thusly making it harder for them to decide to spend their limited resources on your products, is it worth going after them all gung-ho, or would your money and time be better spent 'educating' people on having good morals and ethics? Obviously if your company is anything like enron, you're going to be blind to the fact that most people are really really wishing they could afford to buy your products, especially if they find you provide great advantages, etc.
      Also, let's take a look at copy protection methods. Bizzard entertainment has the only method of copy-protection that works. it's called battle.net. you have a 'valid' key and you can play online. Even though i could get every blizzard game out there warezed, without valid keys I couldn't play them where I want to, on battle.net. Considering that warcraft3 sold over a million copies in under 3 weeks after release at $60 a pop... that's $60 million dollars. Most movies don't pull that much in 3 weeks, and warcraft 3 despite having a huge staff and taking 7 years to develop couldn't have had nearly that much in development costs. Although anyone with actual development costs on War3 are welcome to jump in.
      I'm sure blizzard has a hefty bill for bandwith, but since Battle.net is nothing more than a glorified IRC network that hooks players up with eachothers ips, and possibly providing push connection services (for doubled firewall users) then you really have to think that 'If efnet is doing that without having a huge game to fund it's servers...' then compared to the license fee they're paying for CD protections then b.net is a bargain.
      Especially since there is NO way to circumvent it (other than rooting blizzards boxes.) and it Doesn't ANNOY the end user to the point of wanting to stop buying software. (Do I WANT to pop that CD in EVERY time I want to play a game?!? NO!!! THAT ISN'T WHY I INSTALLED a few gigs of CRAP(video/sound/etc) on my HD!!!)
      Ok.. sorry... I know battle.net wouldn't work for every game, but for twitch games, and skill games it sure beats the pants off playing against a computer who only knows how to do one thing... even if they do that one thing really well (creep hero to level 3, build second hero and attack expansion/creeps of other player, or attack creeping player while creeps are hitting them.)
      (and yes that's the only thing the AI in war3 knows how to do, help a human ally? never! rebuild a base? not even with 200 gold (most buildings intact) to build peons with and an ally fortifying your mine with 5000 gold left in it...
      they also don't know how to build more than 3 expansions and will only mine 2 at a time (won't go for a 4 mine/high upkeep combo if given the opportunity to do so)

  3. wow by Anonymous Coward · · Score: 0

    I can't believe they left out all the difficult/fun questions that were asked. If slashdot ever wants to be taken seriously, they should questions other than "what's your opinion of free software?"

    Get the guy to answer and become squeamish. That's what interviews are all about

  4. Free Software Mirror System? by nenolod · · Score: 2, Insightful
    The mirror system is unique because it will work the same way the warez scene works. with couriers, suppliers, etc. Drop me a line if you possibly want to help me out with this.

    Hmm, it seems to me that you're making another warez site, and you are using the phrase "Free Software Mirror System" to cover it up. The other possibility is that you're trying to do warez with free software, which is completely ridiculous and unnecessary. So, before you do that, make sure you absolutely have boundaries set for yourself and know exactly what you're doing, because the feds might not see it as a free software repository but as a warez site. And what do you mean by "Free Software"? Is it software that you got for free and posted to the system, or is it truly GNU software. You have to be sure to make it clear to everyone that it is GNU software, and to make sure that the illegal software doesn't mysteriously appear. So, I would say, it's in your best interests to stay on the ethical side of things right now, and that seems kind of borderline.

    1. Re:Free Software Mirror System? by $0+31337 · · Score: 1

      I totally agree with the parent. I like the fact that he wants to work with free software but setting up a warez-like scene for GNU software is just lame. The point of having "0-Day" warez is to be the first group to release it. If Class releases a rip of a game and Fairlight releases an ISO, thats it. Nobody else is going to bother to release it because it's already out. Suppliers aren't needed either unless he thinks of a supplier as the person that actually codes the program.. otherwise anyone that rips a link from freshmeat becomes a "supplier". As for the courier aspect of it, all he means is someone that runs a server that has some storage space for GNU software. So to rehash, Supplier = Coder, Courier = Freshmeat. Great... Another freshmeat.

    2. Re:Free Software Mirror System? by Anonymous Coward · · Score: 0

      Hi, My name is Chris Tresco and I'm an Alcoholic

      Dont help him in his new project that is just like the warez scene he was in. It is just another fix
      for him because he is an addict. A computer addict.

    3. Re:Free Software Mirror System? by meis31337 · · Score: 2, Interesting

      I see your point about it seeming to be another illegal system. I do, however, object that it is unnecessary.... How long did it take people to find a viable mirror of RH8 on Monday?? All day?? This release could have been available, w/o load, in 10 mins in countless places if there were an effective mirror system in place.

    4. Re:Free Software Mirror System? by Anonymous Coward · · Score: 0
      Um, excuse me but...


      I shouldn't have to point this out - there are other licenses besides GNU...

    5. Re:Free Software Mirror System? by fafaforza · · Score: 2, Insightful

      First, no one seems to be confused by the Free Software Foundation. Why would that be the driving factor here?

      Second, the guy sounds pretty intelligent, and coupled with his recent ordeal of being drilled by prosecutors and his own lawyers, parents, friends, slashdot, as well as his warez experience, so he might know the difference between pirated software, and free software.

      Third, he has a vision for a distribution system that he wants to create. What business is it of yours? You do not have a stake in whether it succeeds or not. In my eyes he wants to draw on his experience in the warez scene and transcribe the system of distribution into distributing files (whatever it may be) online.

      What if the music/movie industries decide to distribute media online? Conceptually, the system he is envisioning might some day be viable to those companies, and he might end up living the high life. So quit bitching and putting down others' efforts and creativity.

    6. Re:Free Software Mirror System? by meis31337 · · Score: 1

      That is a stretch... Why would you *NOT* do something that you have been doing for years and are good at to help free sw gain marketshare?

    7. Re:Free Software Mirror System? by freaktoad · · Score: 1

      Speaking of being clear, could you explain when "GNU Software" became the only possible "Free Software"??

    8. Re:Free Software Mirror System? by Anonymous Coward · · Score: 0
      That is a stretch... Why would you *NOT* do something that you have been doing for years and are good at to help free sw gain marketshare?

      Maybe because I enjoy getting paid and don't give three shits about free software's marketshare.

    9. Re:Free Software Mirror System? by Anonymous Coward · · Score: 0

      What if an activity caused you to go to jail to lose everything you have and love?

      Go back and reread the part about him trying to quit the warez scene, but always going back. Then go and read some stories about alcoholic's trying to quit drinking. I'll bet you won't think it is much of a stretch then.

    10. Re:Free Software Mirror System? by meis31337 · · Score: 1

      I AM him. I am not addicted to anything. Lets say X years ago when abortions were illegal... a doctor got in some trouble for performing them... Knowing he couldn't continue to perform these proceedures, he started proliferating birth control.... Is he a addict of birth-prevention?? No, he is an advocate of women's rights.

    11. Re:Free Software Mirror System? by Anonymous Coward · · Score: 0

      Did that Doctor try to quit performing abortions? Did that Doctor question what he was doing such that he wanted to quit? Maybe, but if that Doctor was like most I know then no they didn't. As an example the practice of lay-midwifery is illeagal or alegal in a lot of states in the US. Does this prevent people from still doing it. No. Will people get in trouble for doing it? Yes. Will doctors get in trouble for helping these people? Yes. But they have a clear higher moral ground on which to stand? Yes. You on the other hand don't.

      What you were doing was clearly for a thrill. You couldn't quit because of the rush it gave you.
      You questioned what you were doing and clearly knew that it was affecting your personal and professional life. You stole resources in order to continue your practice. You lied and made excuses for your behavior. You got caught and you still haven't truly looked at your past behavior and how it harmed others and yourself. Take the next three years and seek the forgiveness that you seek. Make your admends and get on with your life, but forget about this whole file trading thing.

    12. Re:Free Software Mirror System? by WWWWolf · · Score: 1
      The other possibility is that you're trying to do warez with free software, which is completely ridiculous and unnecessary.

      Well, I haven't seen this one myself (no way), but I take someone else's word for it: Some warez people did / do distribute Linux. Probably because people really don't believe such great things are distributed freely...

      I can imagine earlier versions of this thing: "SlackWare 3.0 ISOz! Cracked by IsIlDur of <<R3tr1bUt0rz FrOm RaInF0r3St!!!!1!>> Another 0-day release from RFR! Call DaRK FoREST SBBS +358-86-31337 24h v.23, mOr0nNet node 2:23/102!" Then they moved to slooooooow dialup FTP sites identified only by IPs, reached via ad-ridden sloooow crappy and badly designed web pages that have Javascript "voting" stuff to get ahead...

    13. Re:Free Software Mirror System? by Anonymous Coward · · Score: 0

      Argh. Meant CCITT V.21, of course, not V.23. V.23 would be l33t, and this group in the example would obviously not have been such. =)

    14. Re:Free Software Mirror System? by meis31337 · · Score: 1

      You make good points... but I never lied about what I did for one thing. Most of the people I knew knew what I did. And how can you say that I haven't looked truly past my behavior? I will never pirate software again, period.... I am not addicted to it like it is a drug or alcohol... I am simply using what I know to better the state of free software. And don't I know that I hurt others?? Of course I do... or didn't you read my answers or some of my other posts today?

    15. Re:Free Software Mirror System? by Anonymous Coward · · Score: 0

      the point of having 0-day warez was to get around deleters.... if you don't know what you're talking about, then shut up....

    16. Re:Free Software Mirror System? by Anonymous Coward · · Score: 0

      Umm... no? The point of having 0-day warez is to be the first group to release it and to distribute faster. You think fairlight cares about deleters? Nope.. bet not. I think the only people that care about deleters are dumbass leechers such as yourself.

  5. Thanks, Chris! by mosch · · Score: 4, Insightful
    I must say, I'm extremely impressed by Chris's responses. I find the standard rationalizations pathetic and sad, it's refreshing to see somebody advocating honesty on slashdot.

    The standard rationalizations that I'm complaining about are, in no particular order:

    • I steal because it's too expensive.
    • I steal music because the RIAA is "evil".
    • I steal software because it helps the company I'm stealing from.
    • I steal because I don't believe in intellectual property.
    • I steal music because the CD only has one song I like on it.
    • I steal as a test drive.
    • I steal music and movies because they are just corporate shit, not art.
    • I steal because the artists don't get much profit from purchases.
    • I steal MS products, because MS is "evil".
    and so on and so forth.

    Thank you Chris, for taking the unpopular position that copyright infringement is wrong.

    1. Re:Thanks, Chris! by Jobe_br · · Score: 2

      Amen. Nice to see a comprehensive list of all the bullshit reasons people put forth to justify their actions. Actions that are, have been and will continue to be simply wrong. Morally, ethically, judicially, whatever - they're wrong.

    2. Re:Thanks, Chris! by Anonymous Coward · · Score: 1, Funny

      Thank goodness I don't steal, I just copy!

    3. Re:Thanks, Chris! by isorox · · Score: 1, Flamebait

      No, I dont steal music. I may copy music while unauthorised to do so, however stealing music involves walking into virgin megastores and picking up a cd, then walking out.

      At no point during copying a cd/taping the radio/downloading an mp3 are you removing anything from anyone.

    4. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      You fucking thief.. I've seen that list of rationalizations on all kinds of web sites. Did you really think up that whole list? No. You just read a bunch of stuff on some slashdot postings and you're just repeating it, without giving anybody credit.

      I hope slashdot takes down this infringing post until you can pay someone royalties!!

      Pirate!!

    5. Re:Thanks, Chris! by ChannelX · · Score: 4, Insightful

      Nice rationalization. You most definitely are removing something from someone. The work is copyrighted....not the medium. Walking into a Virgin store and stealing the cd is stealing twice....the medium and the work. If you download an mp3 file that you don't own the cd for you are stealing. Pure and simple. That form of copying isn't covered under fair use.

      --
      My blog: http://jkratz.dyndns.org/~jason/blog/
    6. Re:Thanks, Chris! by Telastyn · · Score: 1

      I don't steal, I just save myself the trouble of finding a friend with a legitimate copy, and trying theirs on their computer.(which btw is ALSO illegal under nearly every EULA)

    7. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      Here's my rationalization.

      Copyright infringment is not theft.

      If I copy some bits which, in their particular sequence, can represent a movie, song, or piece of software, I have not deprived anyone of anything.

      I believe that stealing is immoral and I don't do it. I believe that sharing is moral and I do it, even if misguided media moguls and their pet legislators think it should be illegal. The ready availability of free entertainment and software has never prevented me from spending money on entertainment when I can.

      Why should it be illegal to enrich my life as long as it doesn't adversely affect anyone else?

    8. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      what about I steal because it's cheaper? ...

    9. Re:Thanks, Chris! by isorox · · Score: 0, Troll

      No its copyright infringment, it's legally and (potentially - depending on the exact form. Copying a cd after you lose yours isnt wrong) morally wrong. It's not theft. Get a dictionary.

    10. Re:Thanks, Chris! by joshsisk · · Score: 1

      It is _not_ stealing. It is copyright infringement, sure. And illegal, sure. But it's not stealing.

      If you photocopy a page out of a book from the library, is that _stealing_? No. But it is copyright infringement (unless you have permission), and copyright infringement is illegal.

    11. Re:Thanks, Chris! by GlassUser · · Score: 1

      It's not a rationalization, it's a definition. That's like accusing someone of murder when they exceeded the speed limit, and berating them when they disagree. Both are wrong, but one is crime they committed, the other is a crime they did not commit.

    12. Re:Thanks, Chris! by afidel · · Score: 3, Interesting

      Morals are by definition flexible and personal. My morals did not and for the most part do not consider trading or stealing software to be too high on the "wrongness" scale. I am an IT professional who has the money to buy software, and I do so, but I did not always have the money. As far as ethics goes I guess it is a matter of degrees, all out piracy, wrong; installing a copy of win2k pro from a cdrom and using a pirated key because the standard install process does not work and you know that despite what the exact details of the contract state that MS has been compensated for that software install, not wrong. Judicially is just a culmination of what the majority, or at least the majority of those elected think is morally abhorant enough to deserve punishment. And with the combined judicial code of the federal government and all 50 states running to many millions of pages I guess there is a lot of stuff that is wrong judicially, whether my moral compass agrees with much of it is for me to decide.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    13. Re:Thanks, Chris! by Edgewize · · Score: 2

      You are stealing. You have taken away the author's right to say who can have a copy of his work, and under what terms.

      Is this the same as physical theft? No. Does that mean it should be allowed? Certainly not. If someone does the work to create something, he should be able to say what is done with it. Copyright is a good thing.

      (To a point. 50+ year copyrights are a joke. Especially when the creator is long dead, and the money goes to his "estate".)

    14. Re:Thanks, Chris! by RatBastard · · Score: 2

      But you are stealing. You're not stealing from your friend, but from the owner of the copyright. And you are adversly affecting others. In this case, the creators and distributors of twh media in questiion. Sure, the RIAA is rich beyond reason and hurting them feels like a morally justifiable action, but many of the artists who's work you steal are not. Not only does copying their work deny them the few measely pennies of royalties each sale creates, it also lowers the overall sales figures for their CDs, which can put their contracts at risk.

      --
      Boobies never hurt anyone. - Sherry Glaser.
    15. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      Or: I steal because I'm immoral and a thief. That ought to shut anybody up (except Christians).

    16. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      Give me a break. You don't have to deprive anyone of a tangible product to "steal" anything. Ever wonder why, when you tap into your cable company's lines for the purposes of obtaining free cable, it's called "stealing cable?" Simple...because you have no right to the cable service unless you've paid for it.

      Fair use allows you to make personal copies, in whole or part, of a CD or DVD that you own (music, software, movies, etc.). Ergo, unless you purchased the product or have the permission of the copyright holder, duplicating things you downloaded off Kazaa is ILLEGAL.

      Theft is theft, plain and simple. Don't rationalize it by tossing "fair use" into it. It's people like you who are fucking up fair use rights for everyone else.

    17. Re:Thanks, Chris! by poot_rootbeer · · Score: 2

      Merriam-Webster's definition of "stealing" does not require that the original holder of something have it removed from their possession...

      STEAL may apply to any surreptitious taking of something and differs from the other terms by commonly applying to intangibles as well as material things


      Oops, I just stole than sentence from m-w.com!
    18. Re:Thanks, Chris! by MrHat · · Score: 2

      No, you're violating a copyright. Stealing involves depleting a finite resource, copyright infringement involves violating a fixed-term government-granted monopoly on an idea or work. Stealing affects provable loss of a physical possession; copyright infringement dilutes the economic incentive set up by your government to promote the arts and sciences.

      Potential profits are not material. Both property law and copyright law play a part in maintaining a healthy economy (read: allowing people who produce value to benefit from it), but they're not even close to being interchangeable.

    19. Re:Thanks, Chris! by General+Ishmoo · · Score: 1

      He's not saying that the copying is covered under fair use, nor is he saying that download an mp3 file is legal. He's simply stating (correctly) that he is not actually stealing something from the company - he is making an unauthorized copy - but that's not the same as (say) taking a CD from a record store or (hypothetically) breaking into a record label's servers where they have digital copies of yet-to-come-out music and taking that. Yes, you can claim that he's 'stealing' revenue from the company, but that just doesn't fly.

      --
      ----------
      (define (.sig) (cons 'my (list 'other 'car 'is 'a 'cdr)))
      http://4horsemen.net
    20. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      Same AC that posted the parent, here.

      Let's at least agree on some definitions. Theft (stealing) deprives the rightful owner of the stolen property.

      Now, let's discuss the morality of copyright infringement.

      If I am not going to buy a Britney Spears record (and I'm not), but I think that Hit Me Baby One More Time or whatever the heck it's called has a good hook and I want to listen to it now and then, how does it hurt Britney that I listen to it? No. Would I have bought the record if that was the only way I could hear the song? No. I wouldn't even be aware of its existence, nor would I be willing to drop what few discretionary dollars I have left on something that would likely be full of suckage.

      I do spend most of my discretionary income on entertainment. Video games, movies, music. But just because I don't pay for an individual item doesn't mean I deprive anyone of anything. If I couldn't have songs I downloaded from the 'net, I'd just have a smaller playlist. I wouldn't be running out to buy the CDs that they came from. The effect of my copyright infringement on the earnings of the artists and their pimps is nil.

      Now, go ahead and prove me wrong. I'd be thrilled if my morality jived with the law.

    21. Re:Thanks, Chris! by Jesus+IS+the+Devil · · Score: 1

      I think it is YOU who needs to get a dictionary.

      Definition from dictionary.com:

      Theft:
      The act or an instance of stealing; larceny.

      Steal:
      To take (the property of another) without right or permission.

      Property:
      Something tangible or intangible to which its owner has legal title: properties such as copyrights and trademarks.

      --

      eTrade SUCKS
    22. Re:Thanks, Chris! by Graff · · Score: 3, Insightful

      To clarify something:

      Downloading an mp3 is stealing, if you never bought the music you don't have the right to copy it for any use. This is covered under the distribution clauses of copyright law.

      Taping a song off the radio is not stealing. It is covered by fair use law and it is called "time shifting". Under the idea of time shifting, you can record a radio or tv program for later personal listening or viewing. The idea here is that the broadcast, which presumably was made legally, may have been performed at a time not convenient for you to enjoy. You therefore have the right to enjoy the broadcast by recording it and playing it back later. You still do not own the broadcast and you can't redistribute it or play it for a large audience. It is just for your own personal use. This is why PVR devices like Tivo are legal.

      It may seem like downloading music is a "victimless" crime, but if everyone who wanted the song got it for free online then the song would never sell and the artist would not get paid. An artist that doesn't get paid for their work is not going to be an artist for long. Remember, you are "voting" for them to be kept by their label with every album you buy. If you like the music, buy it so that the record labels and the artists know what is good and what is not.

    23. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      What you are describing is larceny, not theft. And nobody is calling it copyright larceny, so you are mistaken.

    24. Re:Thanks, Chris! by the_rev_matt · · Score: 2

      What about downloading MP3s of albums you legally own but are too lazy to rip on your own? I've done this many times, particularly for tapes and vinyl. I own the media, I just don't feel like going through the tedious process of encoding analog stuff.

      --
      this is getting old and so are you

      blog

    25. Re:Thanks, Chris! by ChaosDiscord · · Score: 5, Insightful

      I'm against copyright infringment. Copyright is a value tool for encouraging the creation of new works. I purchase my music, movies, books, and video games. That said, you're playing into the hands of copyright based industries. You're using inaccurate and dangerous sounding words. This sort of dialogue is giving the RIAA, the MPAA, and other copyright based industries ammunition to take our fair use rights away. Copyright is a balance, not a one way street.

      Nice rationalization. You most definitely are removing something from someone. The work is copyrighted....not the medium.

      If I engage in illegal copying, I have engaged in illegal copying, nothing more. Illegal copying is very distinct from theft of physical objects. "You most definately are removing something from someone." And what would that something be? The original author still has all of his copies of the work. The record store still has all their copies. The person I copied it from still has their copy. I have not taken something from anyone. I have infringed upon the copyright holders exclusive right to distribute copies, but that's different. I might have eliminated the sale of a legal copy, but it's hard to know.

      Walking into a Virgin store and stealing the cd is stealing twice....the medium and the work.

      That's just surreal. Copyright does not grant the author any sort of control over legally made copies. The CD in the store is legal. If someone steals the CD, they have stolen that copy, nothing more. The copyright holder has lost nothing, only the copies own (the store) has lost anything. Copyright law is completely irrelevant, the thief will be charged with good old fashioned shoplifting.

      If you download an mp3 file that you don't own the cd for you are stealing. Pure and simple. That form of copying isn't covered under fair use.

      If you download an mp3 file that you don't own the CD for, you are infringing copyright. Pure and simple. The copyright holder has lost nothing. He might fail to sell CD that he otherwise would have, but you're not allowed to count potential failed sales as a loss. Things are all the more complicated by people who sample CDs through MP3 and end up purchasing the CD.

    26. Re:Thanks, Chris! by ChannelX · · Score: 2

      Not a lawyer but I dont see any issue with that. The end result is the same. You have a copy of something you own.

      --
      My blog: http://jkratz.dyndns.org/~jason/blog/
    27. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      Hmm. So, if I take that recording of the radio broadcast and digitize it and make an mp3 of it, I now have an mp3 of the song.

      Now, me, the record company, and the artist are all in the same position that we'd have been in if I'd just downloaded the thing.

      Why is the download illegal again?

    28. Re:Thanks, Chris! by ChannelX · · Score: 1, Troll

      Rationalize all you want. Maybe it all depends on what your definition of 'is' is? You can trot out the dictionary all you want. Stealing is a crime. Copyright infringment is a crime. Call it whatever you wish. Its still a crime.

      --
      My blog: http://jkratz.dyndns.org/~jason/blog/
    29. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      Yes, but the point is that one crime most people agree is morally wrong and should be a crime.

      The other has a much muddier moral standing and many people, myself included, don't believe that copying bits should be a crime.

    30. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      I'm confused. Aren't you depriving the authors/distributors/record labels of their right to protect their work?

    31. Re:Thanks, Chris! by ratamacue · · Score: 1
      It ain't that simple. In the case of theft, the thief actually removes something of value (an asset) from the victim's posession. Clearly, the act of theft leaves the victim with less assets than before the theft occurred. In the case of copyright infrigement, no assets are actually removed from the victim's posession. The assets are simply duplicated, which results in both parties (the theif and the victim) having posession of the asset.

      Now, I'm not trying to argue that trading mp3's should be legal. I'm simply pointing out that a major difference exists between the "traditional" concept of theft and copyright infrigement in the form of trading music.

    32. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      You're a damn idiot. And you're wrong. Congratulations on being a damn idiot and wrong, all in the same breath.

    33. Re:Thanks, Chris! by Graff · · Score: 2

      You can put the radio broadcast into any format you want, so long as it still is for your own personal use. If you subsequently put the mp3 on a P2P network, you could be then be guilty of copyright infringement.

      The difference here is how the copyrighted materials are distributed. If you legally obtained copyrighted materials you may use them however you want, so long as it remains only for your own personal use. When you start selling, trading, broadcasting in a public forum, etc. that is when your use of the materials becomes illegal.

      So, yes, the situation may appear to be the same whether you download an mp3 or make one from a radio broadcast. The fact is that it's the process that matters, not strictly the content. Copyrighted materials are illegal to copy, except when you are given the rights by the copyright holder or when those rights are inherent to the fair use of the materials.

    34. Re:Thanks, Chris! by Hobophile · · Score: 3, Insightful
      If you photocopy a page out of a book from the library, is that _stealing_? No. But it is copyright infringement (unless you have permission), and copyright infringement is illegal.

      Whether or not it is copyright infringement depends on a number of factors, even in your hypothetical example:

      • The length of the book. One page out of 4,000 would be more likely to be considered fair use, one page out of three not so likely.
      • Your purpose in making the copy. Academic research, review, and several other purposes are specifically excluded from being considered copyright infringement on the face of it, although there are certainly limits.
      • Finally, the copyright status of the book is important. Shakespeare's works have long since passed into the public domain, so a photocopy of a few lines from one of the Bard's plays is not copyright infringement. Copying the footnotes, on the other hand, might be, since those were likely written much more recently.

      Notice that for any of these fair uses, I don't have to contact anyone for permission at all. Your attitude, that any copying without the copyright holder's express consent automatically equals copyright infringement, is the same mentality that the RIAA and MPAA are trying to promote.

      But presently this is not true, at least for non-digital works, and our fair use rights are important enough that we should not willingly adopt the notion that any "unauthorized" use is automatically infringing and illegal.

    35. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      Whaaaa?

      Where did I miss the basic right to protect one's work? As soon as I've said this (my work), it's available to anyone who wants to read it. Do I have the right to say that you can't read it? The only way to protect the works of your mind is to keep them there.

    36. Re:Thanks, Chris! by joshsisk · · Score: 1

      Yes, that's why I included the phrase "with permission". Fair use allows you to copy certain amounts of a copyrighted work, with certain guidelines. This is "permission".

      And I would say that the RIAA and MPAA are trying to equate copyright infringement with theft. My comment is trying to point out that copyright infringement is not the same as theft. (They are also at the same time trying to erode fair use, but that's not what I was talking about.)

    37. Re:Thanks, Chris! by Haxwell · · Score: 1

      You are so wrong!

      The dictionary defines 'steal' as "To take (the property of another) without right or permission.". You admit that it is copyright infringement, which means you must also admit that the music is their property (what else does having a copyright mean?). Having a copyright means you have the right to say how the object of your copyright is distributed. If you as copyright holder say "NO! It cannot be distributed that way!", and another person does so anyway, they are guilty of taking the property of another without right or permission.

      IT IS STEALING. I do it too, but at least I know its wrong, and I'll probably keep doing it until my liberty is threatened with a lawsuit, but all the while I will know its wrong.

      --
      http://www.haxwell.org
    38. Re:Thanks, Chris! by duck_prime · · Score: 1
      Copyright infringment is not theft.

      If I copy some bits which, in their particular sequence, can represent a movie, song, or piece of software, I have not deprived anyone of anything.
      What you have "stolen" is *permission* to use the content in question. You are taking something you do not have permission to take, which you are supposed to pay for. It's like sneaking into the circus tent without paying. You just don't do that.
    39. Re:Thanks, Chris! by ChaosDiscord · · Score: 2
      Rationalize all you want. Maybe it all depends on what your definition of 'is' is? You can trot out the dictionary all you want. Stealing is a crime. Copyright infringment is a crime. Call it whatever you wish. Its still a crime.

      I would be no more rationalizing if I insisted on a clear distinction between manslaughter and murder. However, the copyright industries are working to set up such a virulent attitude against copyright infringment that it cannot be discussed rationally.

      Copyright infringment is a crime and (to my beliefs) immoral, but copyright infringment is not theft of property. Referring to copyright infringment as piracy or theft confuses very different crimes with different levels of harm of society and different laws governing them. The copyright industries want to confuse the issues and portray copyright infringment as far worse than it actually is. Once armed with the public attitude that copyright infringment is far worse than it is, they can more easily justify taking rights we do have away ("Sorry, you can't record this show, we have to stop the pirates." "Sorry, you can't have your computer read this e-book aloud even if you're blind, otherwise thieves would take our money away.") I refuse to let copyright industries manipulate the discussion by manipulating the words used. They make inaccurate analogies like comparing my making an illegal copy of a CD (potentially, but not certainly, eliminating a sale) with my stealing a CD (taking a produced product away from someone who has paid for it, leaving them without access to their property).

    40. Re:Thanks, Chris! by joshsisk · · Score: 1

      You are so wrong!

      The dictionary defines 'steal' [dictionary.com] as "To take (the property of another) without right or permission.".


      The dictionary defines 'take' as "To get into one's possession by force, skill, or artifice, especially: To capture physically; seize: take an enemy fortress. To seize with authority; confiscate... To assume for oneself: take all the credit... To remove from a place: take the dishes from the sink."

      The use of the word 'take' implies you are _taking_ something from someone else. If you copy something, you are NOT taking it. This is why the word 'copy' is different than the word 'take'.

      IT IS STEALING. I do it too, but at least I know its wrong, and I'll probably keep doing it until my liberty is threatened with a lawsuit, but all the while I will know its wrong.

      If you recall, I specifically said that copyright infringement is illegal. All I said is that 'stealing' is not the appropriate word to use when talking about it. Just because it is called by a different (and vastly more appropriate) name does not mean it is suddenly legal. It simply allows you to discuss the topic with the correct perspective.

      Oh, by the way : that last bit makes you a hypocrite. You should live by your convictions. What kind of a person are you if you consciously do something that you feel is morally wrong?

    41. Re:Thanks, Chris! by Vox+Humana · · Score: 1
      Referring to copyright infringment as piracy or theft confuses very different crimes with different levels of harm of society and different laws governing them.

      You are implying that copyright violation does a significantly smaller amount of damage to society than theft. Can you support this assertion?

      Namely, can you explain the significant difference in societal damage between these two:

      1. downloading an illegal copy of Photoshop, and
      2. stealing a CD with Photoshop on it?
    42. Re:Thanks, Chris! by Haxwell · · Score: 1

      Your playing on semantics here. You can twist words to make them seem to hold up your point of view, but when it comes down to it, its as simple as

      1. Someone owns a copyright.
      2. You make use of that copyrighted item outside of fair use.
      3. You are stealing.

      Oh, by the way : that last bit makes you a hypocrite. You should live by your convictions. What kind of a person are you if you consciously do something that you feel is morally wrong?

      That is such a weak point, you really shouldn't have even included it.. We're not talking about my morality. We're discussing whether or not downloading copyrighted music is stealing.

      --
      http://www.haxwell.org
    43. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      1. We both now have a working copy.

      2. I now have your working copy.

    44. Re:Thanks, Chris! by spitzak · · Score: 2
      Of course downloading the MP3 is wrong. The complaint here is that people keep calling it "stealing" when in fact you state right there that it is "violating the distribution clauses of copyright law".

      Those clauses are not called the "stealing" clauses of copyright law" for very good reasons!

    45. Re:Thanks, Chris! by spitzak · · Score: 2
      Actually I'm not sure if this is legal, though many people here think it is.

      The realistic problem is that any such service is way to easy to abuse so that you can get copies of stuff you don't own.

      But even from a legal point of view, that rip is not of *your* copy of the music, but somebody else's. It may be a different mix or master disk or you could even claim the arrangement of scratches (or CD errors) is different and in some way it is not a copy of yours. If you don't disallow this, it gets difficult to disallow the ability to download other band's versions of some song you own. I think this may be an acceptable position to take to say that even this is wrong, though I bet I'm in the minority here.

    46. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      When discussing the law, it's the legal definition of theft that matters. "Stealing" an idea is at best a metaphor that has become common usage, like the "arm" of a chair. Technical discussions must be more precise. For example, people use the word "hub" to refer to many things in everyday usage, but you would still criticize someone who used it loosely in the context of networking, even if the usage did still fit the common, everyday definition. Not even that godawful Berman P2P Vigilante Act mentions the word theft anywhere.

    47. Re:Thanks, Chris! by Blue+Stone · · Score: 1

      "Nice rationalization. You most definitely are removing something from someone. The work is copyrighted....not the medium. Walking into a Virgin store and stealing the cd is stealing twice....the medium and the work. If you download an mp3 file that you don't own the cd for you are stealing. Pure and simple. That form of copying isn't covered under fair use."

      With the greatest respect, that's utter tosh.

      If I copy a cd for my friend, he hasn't stolen anything from me, and I have been deprived of nothing.
      If I hum a catchy tune, and someone else starts humming it, the world is enriched, not depleted.
      If I offer an insight, here on /., I have not had that idea stolen from me, if someone else thinks about it, reiterates it, or expands on it.

      The confusion, I would suggest, that people such as yourself are in, to utter such nonesense, is due to the commercial element in all this, and the copyright law itself, which introduces an artificial, element into the situation.
      Before copyright, the idea that playing the same tune in a pub, on your banjo, was stealing from the busker in the street that you heard it from, would be idiotic.
      Copyright changes the situation, but it does so for a medium that is itself not subject to the same fundemental laws (rather than legal laws) as physical property, which can resolutely be stolen, and have the owner deprived of it.

      Copyright infringement is the breaking of a law, not theft. It's like the breaking of a licensce that says that you can only use your toaster, but no-one else can (and thus have to buy their own if they want a convenient way to make (or more frequently burn) toast.)
      If you let someone use your toaster, under such a license, it wouldn't be theft or any other, (what I would characterise as) deliberately over-blown parallel; it would be license breaking.
      The toaster making companies wouldn't have a sale, but they also wouldn't be down one stock item either: so it wouldn't be stealing.

      The situation is the same with (and here's the word that clues you into it all) unathorised copying of copyright material.
      If p2p is damaging the copyright cartels and artists and whoever, and I have yet to read, see or hear of any convincing independent and trustworthy evidence that it is then it would need to be addressed. It would.

      But there is no real evidence that it's having any effect.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    48. Re:Thanks, Chris! by Graff · · Score: 2

      You are totally correct. Downloading an mp3 is not technically considered stealing, it is actually violating the copyright. I was using the word "stealing" simply because that is a common expression for the idea.

      That being said, it still doesn't make it any more legal to violate the copyright than it does to "steal" the music.

    49. Re:Thanks, Chris! by spitzak · · Score: 2
      No, the argument is whether copyright infringement is "stealing" or not. It is not whether it is worse or not, though of course it is implied that "stealing" is worse.

      Stealing the PhotoShop CD is 100% guaranteed to cost somebody some money (probably the store that purchased the CD from Adobe, they lost all the money they spent for it and also lose the potential profit from selling it).

      Downloading the illegal copy of PhotoShop *may* mean you won't buy it, lets say it is 98% chance that it causes you to not buy a copy you would have (which is of course about 10,000 times too high of a percentage, but I am trying to humor you). In this case there is a 98% chance that you have deprived Adobe of the money the store would have given them and also you deprived the store of the profit. Thus by definition this is only 98% as bad.

      I'm sorry, but it is impossible to make the damage equal no matter what you do.

    50. Re:Thanks, Chris! by spitzak · · Score: 2
      Even by your definition taking the disk from Virgin is not stealing twice. This implies that if you did not steal the disk, you would have bought TWO of them!

      I hope this will point out exactly how illogical your arguments are, but I think it is a hopeless cause.

    51. Re:Thanks, Chris! by joshsisk · · Score: 1

      Your playing on semantics here.

      It is important to have to correct words and phrases to describe things, so that people can accurately understand a situation. That's why we have language, after all. Different words mean and imply different things. This has been my point since the beginning of this thread; I'm merely repeating my position.

      You can twist words to make them seem to hold up your point of view

      What do you think my point of view is?

      The only "point of view" I've expressed here is that I think stealing is an inappropriate word to describe things such as copyrighted mp3 trading. "Copyright Infringement" is a better phrase, though I'm sure their are others. Maybe "bootlegging", though that implies that you are selling something illegally.

      Also - you were the one who threw out a definition to try and back up your point. I simply pointed out that the definition did not seem to mean what you thought it did.

      when it comes down to it, its as simple as

      1. Someone owns a copyright.
      2. You make use of that copyrighted item outside of fair use.
      3. You are stealing.


      I disagree. I think the following is more accurate:

      1. Someone owns a copyright.
      2. You make use of that copyrighted item outside of fair use.
      3. You are infringing on copyright.

      Please note, I think that copyright infringement is wrong. It is also most definitely illegal. As a creator of copyrighted works, I strongly believe that copyright should be protected, and respected, it's an important part of our system.

      Oh, by the way : that last bit makes you a hypocrite. You should live by your convictions. What kind of a person are you if you consciously do something that you feel is morally wrong?

      That is such a weak point, you really shouldn't have even included it.. We're not talking about my morality. We're discussing whether or not downloading copyrighted music is stealing.


      I didn't mention morality - you did. You _specifically_ mentioned the fact that you improperly use copyrighted material (you didn't, I believe, mention whether it was music or not), thus consciously breaking the law - even though you feel it is wrong. In my book, people who do things that are against their morals are of weak character, or hypocrites (unless it was out of necessity, but I can't think of any reason why someone would _need_ to infringe copyright). If you think something is wrong, DON'T DO IT.

      And if you don't want me to address something (such as your morality), don't bring it into the discussion, as you did above.

    52. Re:Thanks, Chris! by IceDiver · · Score: 1

      1. Someone owns a copyright.
      2. You make use of that copyrighted item outside of fair use.
      3. You are stealing.

      Crap! And more crap!

      Even you say "make use of" rather than "take". Therefore, it is not "stealing". It is "illegal copying" and is wrong, but it is not the same thing.

      Copyright (and patent) law exists because we recognize that no-one can really "own" an idea. That is why we have created the fiction (and it is a fiction) of "intellectual property". The constitution grants the creator of a work or idea the exclusive right for a limited time to benefit from that work. This is clearly different from the concept of physical property. By couching the debate using the terms "theft" and "stealing" the public is being conned into equating the two concepts. By responding with correct definitions I am attempting to place the debate in its proper context so we can focus on how the BSA, RIAA and MPAA are eroding our fair use rights and breaking the "contract" that copyright law originally provided:

      The public, recognising that it benefits from progress in the arts and sciences, and wishing to encourage such progress, agrees to provide a creator with exclusive rights to benefit from his work provided that such right is for a limited time. In return, the copyright holder agrees that after that limited time he will relinquish his rights and let the work enter the public domain so that the public at large can enjoy the benefit of that work, and so that the work can be used in the creation of new works.

      The Sonny Bozo^H^H^H^HBono law (and other similar but more limited laws previous) deprives the public of new public domain works and breaks this "contract". This is not at all the same as our view of physical property and the ownership rights for it, and if we want to preserve our rights we must not let the two views become confused.

      This is my .sig! Get your own!

    53. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      I too know it's stealing, but it is *not* wrong.

    54. Re:Thanks, Chris! by spitzak · · Score: 2

      Actually the common expressions seem to be "download" and "rip", not "steal".

    55. Re:Thanks, Chris! by isorox · · Score: 2
      To take (the property of another) without right or permission.


      take: 1. To get into one's possession by force, skill, or artifice, especially:
      1. To capture physically; seize: take an enemy fortress.
      2. To seize with authority; confiscate.
      3. To kill, snare, or trap (fish or game, for example).


      You arent getting anything into your possession. You are rearranging things (electrons) that are in your possesion, but nothing changes ownership.
    56. Re:Thanks, Chris! by Vox+Humana · · Score: 1

      No, in the example you stole the CD from adobe. So you cost them about $0.25 (what it would cost them to cut another one.) So here we are; in both instances you have obtained the software illegally. In either case you may or may not have legally purchased the item had your moral compass not been pointing south. So in the case of the physical theft you've stolen $0.25 more than you have in the case of the copyright violation. This is a negligible amount; the crimes are essentially equal in damage for the sake of discussion.

    57. Re:Thanks, Chris! by Vox+Humana · · Score: 1
      Sorry, I replied to the wrong thread.

      You are right in that if you steal the CD from a store, you damage them to at least the tune of what they paid for it. But they will charge you with stealing having a value equal to the selling price, not their wholesale price.

      But what's your answer to "What if the CD was stolen directly from Adobe?" The cost of the physical item to Adobe is only what it would take to cut another one.

    58. Re:Thanks, Chris! by Vox+Humana · · Score: 1

      Suppose I have a backup copy? Or suppose you lifted the CD from Adobe?

    59. Re:Thanks, Chris! by isorox · · Score: 2
      Stealing the PhotoShop CD is 100% guaranteed to cost somebody some money (probably the store that purchased the CD from Adobe, they lost all the money they spent for it and also lose the potential profit from selling it).

      No, they dont lose potential profit.
      • Shop ballance = $1000 stock = 0CD
      • Shop buys cd from adobe for $100
      • Shop ballance = $900 stock = 1CD
      • Someone steals cd
      • Shop ballance = $900 stock = 0CD
      • Shop replaces CD with another one from adobe ($100)
      • Shop ballance = $1000 stock = 1CD
      • Shop sells CD for $150
      • Shop ballance = $950 stock = 0CD


      They lose $100, not $150.
    60. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      Wrong? Morally? Ethically? Simply because the law says so? Dipshit. So does that make abortion moral and ethical? Is it moral and ethical to send a man to jail on a three strikes law for stealing a candybar? Does it make it moral and ethical to lock up cancer patients and AIDS victims for the "crime" of smoking marijuana? Slavery used to legal, sodomy used to be illegal. You and your moral majority BS makes me sick. An mp3 rip of the Beatles White Album is like taking a polaroid of a Dali painting.

    61. Re:Thanks, Chris! by ChaosDiscord · · Score: 2
      You are implying that copyright violation does a significantly smaller amount of damage to society than theft. Can you support this assertion?

      I implied no such thing. I simply said that they are different, not that one is less harmful than the other. Sometimes crimes have similar levels of harm of society, but are treated different (manslaughter versus murder).

      That said, you're basically right. :-) I definately think that copyright infringement is less harmful than theft. So I'll take your challenge...

      Namely, can you explain the significant difference in societal damage between these two:
      • downloading an illegal copy of Photoshop, and
      • stealing a CD with Photoshop on it?

      Sure enough.

      If Bob steals my copy of Photoshop from my desk, there is real and certain loss. Previously I had a copy of Photoshop that I could use. Now I no longer do. Photoshop costs about $650, I presumably valued Photoshop at $650 (since I paid that much for it). My loss is $650. My local software store would suffer similar losses if the copy was shoplifted from the store.

      If Bob downloads an illegal copy of Photoshop no one lost existing money or property. The only loss that we can be certain of is that Adobe's exclusive right of copying has been infringed upon. The only loss is that Adobe might fail to make a sale that otherwise would have. Let's say that 99% of all illegal copies lead to a failure to purchase a legal copy. So, averaged between all of the illegal copies, the potential lost sales will work out to about $650 * .99 = $643.50.

      If you assume that a lost sale is equivalent to actual loss, copyright infringment in this case is about $6.50 less damaging to society than theft. That number grows if you believe an even larger number of illegal copies do not replace legitimate copies. My personal experience suggests that many illegal copies are either never used (and so would never have been sales) or are made by people who simply don't have the money to pay for the legal version (and so would never have been sales). I'm not saying that this is acceptable, legal, or moral! "Collectors" should get a real hobby (like writing Free Software), and people who can't afford it should find other options (Like Free Software. :-). I'm saying that I believe that many (maybe 50%) of infringing software copies do not represent a lost sale. If no sale was lost, the damange to society is greatly reduced. If we go with 50% instead of 99%, the damage is $325 less.

      Theft takes propetry away from it's lawful owner. The lawful owner can not longer use (or resell, or whatever) the item. Copyright infringment leaves the owner with a perfectly fine item, but potentially deprives the copyright holder of sales.

    62. Re:Thanks, Chris! by Haxwell · · Score: 1

      Even you say "make use of" rather than "take". Therefore, it is not "stealing". It is "illegal copying" and is wrong, but it is not the same thing.

      Lets return to the original definition of steal - "To take (the property of another) without right or permission." Regardless of how you take the property, if you do it without the right or permission of the owner of that property, you stole it.

      I agree that you cannot own or possess an idea in the same way that you can own or possess a physical item, such as a pencil. You cannot keep someone from using an idea in the same way you can keep them from using your pencil. But just because you can't touch it doesn't mean its not real. You can't touch an idea and that idea is real. You can't touch the law and the law is real. The law says a person can have ownership of an idea through copyright or patents. I agree with you on how copyright law should be, but as far as how it is, when you violate copyright by "taking" or "making use of" something that you do not have a right to, you are stealing.

      --
      http://www.haxwell.org
    63. Re:Thanks, Chris! by Haxwell · · Score: 1

      I think we've both put our view out there, and we are not going to convince each other here. That said, I do agree with your point about using the right words for a situation. I did not. I should not have said all the while I'm stealing songs I know that it is wrong, I should have said that I know that it is illegal. You are also right, I shouldn't have put that in there if I didn't want you to comment on it.

      That said, we are still not discussing my morality or your definition of my character. We are discussing the definition of copyright infringement versus theft. To me, when it comes down to it, if you download music that you have not paid for or do not have some other right to (such as fair use), you are stealing it.

      Till next time..

      --
      http://www.haxwell.org
    64. Re:Thanks, Chris! by Anonymous Coward · · Score: 0
      Finally, the copyright status of the book is important. Shakespeare's works have long since passed into the public domain, so a photocopy of a few lines from one of the Bard's plays is not copyright infringement. Copying the footnotes, on the other hand, might be, since those were likely written much more recently.

      Shakespeare never "passed" into the public domain, I am fairly cartain that at the time he was writing there were no copyright laws at all. For example much of Julius Caesar was "borrowed" from Plutarch.
    65. Re:Thanks, Chris! by Vox+Humana · · Score: 1
      Well, actually...

      If Bob steals your copy of Photoshop, you can normally contact Adobe for a free/low cost replacement, after proving ownership. It will cost, let's say around $1.00 in production and shipping for them to send you a free CD. But let's say they charge you $5 S&H to send the replacement out.

      So in your scenario, Bob has obtained a $500 software package with a $5 cost to you, As opposed to obtaining the warez version, which has no physical costs associated. Is Bob prosecuted as if he stole $5 from you? No, I'll bet he's in it for the full $500.

      Anyway, in either case Bob will not be buying a legal version of the software. Let's use your 50% number to represent the likelihood that Bob would have purchased the software if here were honest. The total societal impact of theft is $255, whereas the impact of the copyright violation is $250. This is a 2% difference.

    66. Re:Thanks, Chris! by spitzak · · Score: 2

      I'm assumming that the store lost a sale to *me*, since I stole a copy and thus no longer need to buy one. If you don't assumme this then the cost of downloading an illegal copy is zero, since you are not allowing the lost sale to be counted.

    67. Re:Thanks, Chris! by isorox · · Score: 2

      no they didnt lose a sale. They didnt have the sale in the first place. They have potentially lost a sale. I was going to buy a sandwich from shop 'A' today. I then bought one from shop 'B' instead. Shop 'A' havent lost anything, they just havent gained anything. Theres a difference.

      P.S. I have a P166 laptop here for sale for $60,000. As you havent bought it I've ost a sale to you. Damn.

      See, doesnt work.

    68. Re:Thanks, Chris! by spitzak · · Score: 2
      Sorry, I'm not arguing with you, I agree. What I am saying is the theft of a disk is not a lost sale, then you also must say that the person downloading an illegal copy also does not represent a lost sale either (which I assumme you would agree with).

      The end result is that it is impossible to equate downloading illegal copies with theft unless 100% of the people downloading would have bought a copy if they had not downloaded one.

    69. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      yea yea it's all black and white to you.

      same moronic mother fucker that thinks stealing a loaf of bread to survive is the very same as stealing the latest copy of britney spears.

      go fuck off. take anyone who thinks like you with ya.

      i paid for the right to hold a copy of a song, and to make copies of that copy. the industry is trying to interfere with my rights, and by golly i'm not going to put up with that shit.

      also, i CAN see a difference between stealing a phyical object, or information on an object, and say copying a work of art.

      according to you, if i paint a decent replica of the mona lisa, and hang it in my living room, i should go to jail.

      i say fuck you.

      FUCK YOU

    70. Re:Thanks, Chris! by Anonymous Coward · · Score: 0

      you r pretty stupid.

      what do you want to compare?

      physical theft versus copyright infringement?

      because your not doing that in your example you dumb fuck.

      in your example you r comparing [physical theft combined with copyright infringement] against [just copyright infringement]

      only a dumbass would ask for an explanation of the difference between liquid and gas, and then say:

      "ok on one side i have carbonated soda, and on the other i have a bottle of oxygen"

      how moronic can you be?

      how could anyone give you a straight forward explanation of the difference between liquid and gas, if you refuse to use an example that makes sense?

    71. Re:Thanks, Chris! by ChaosDiscord · · Score: 2
      If Bob steals your copy of Photoshop, you can normally contact Adobe for a free/low cost replacement, after proving ownership. It will cost, let's say around $1.00 in production and shipping for them to send you a free CD. But let's say they charge you $5 S&H to send the replacement out.

      I must say I'm impressed if this is true, it's certainly not the standard for most of the software industry. In general, if my media fails or is stolen, I'm out of luck and have to purchase an entire new copy. I personally don't have much use for Photoshop (I'm a programmer, not an artist), so I don't have a copy sitting around.

      It does raise the question of how do you prove that you own a copy. If I bought a copy at Best Buy, then threw away the receipt and box, never bothered to register, and shoved the license in the CD case so I didn't lose it (the same CD case that was stolen), I'd be hard pressed to prove my ownership. This is typical behavior for me and many other people. I've got enough things to worry about to not bother keeping my licenses carefully filed away.

      Anyway, in either case Bob will not be buying a legal version of the software. Let's use your 50% number to represent the likelihood that Bob would have purchased the software if here were honest. The total societal impact of theft is $255, whereas the impact of the copyright violation is $250. This is a 2% difference.

      Even if accept that logic, 2% is still a difference. :-)

      But I don't agree. For most software I purchase, if it's stolen, I'm out of luck. I'll have to foot the entire replacement bill for $500. Life sucks.

    72. Re:Thanks, Chris! by Jesus+IS+the+Devil · · Score: 1

      Your definition of theft never said the possession would be permanently removed from the owner. Look up larceny. That's what you're talking about.

      Ever hear of the popuplar phrase "he stole my idea"?

      --

      eTrade SUCKS
    73. Re:Thanks, Chris! by isorox · · Score: 2

      larceny: The unlawful taking and removing of another's personal property with the intent of permanently depriving the owner; theft.

      Not copyright infringment

      theft: ...with an intent to deprive the rightful owner of the same

      Perhaps I might steal profits (although very dubious), however I dont steal the information

    74. Re:Thanks, Chris! by joshsisk · · Score: 1

      Cool. I agree - sometimes you just gotta agree to disagree. :)

  6. Crock of shit by kableh · · Score: 5, Insightful

    Software companies really do lose money from piracy, why else would they support these types of organizations?

    Prove it. You're telling me that if a high school kid who messes around with with Photoshop occasionally downloads a pirated copy off IRC, that Adobe loses 500 bucks?

    Don't get me wrong, piracy is basically theft. I make it a point to buy software that I find useful, especially in the case of shareware, because I have a moral obligation to myself to do so. But this is the same flaw in logic the music industry uses to brand us all theives and legislate against us for the "good of the artists".

    1. Re:Crock of shit by ChannelX · · Score: 1
      Prove it. You're telling me that if a high school kid who messes around with with Photoshop occasionally downloads a pirated copy off IRC, that Adobe loses 500 bucks?

      You can say that they aren't losing money really if the kid is just fooling around with the software and wouldn't buy it anyways. Its like saying that unless you're going to make money off of it why pay?

      On the other hand does that really matter? The kid is using a copyrighted piece of software illegally. It really doesn't make any difference what the use of the software is.

      --
      My blog: http://jkratz.dyndns.org/~jason/blog/
    2. Re:Crock of shit by Anonymous Coward · · Score: 0

      Actually, most of the companies involved in the Grphics industry at least understand that their software is expensive. They expect artists starting out to use "borrowed" copies of the software with the tacit understanding that when the get better and have real income they will buy a copy on their own. I'v seen it explicily spelled out in several manuals. And it turns ot to work well, as all the Graphic Artist I know have bought their own software after they got going.

    3. Re:Crock of shit by mgoff · · Score: 1

      Where do you draw the line with your "fair use" statement. The kid "messing around" with Photoshop is OK. Fine. How about someone cleaning up their digital photographs for their personal website every now and then? Also, fine? Maybe. How about someone fixing up those same pics, but for their Ebay ad? How about for their personal business web site? How about for the corporation's web site? How about to design the corporation's product's packaging?

      The reality is that there is a continium of use, from the casual, non-profit user up to the directly-drives-profits user. It's not black and white. There is free software out there for just about everything you'd ever buy software for. If you're willing to steal the non-free software, you must find it more useful than the free software. That use has some value-- value that the authors created for you. And they have the right to charge you for that value. Don't think it's worth the price? Don't use it-- use the free version that you find less convenient! But don't hide behind the "I only buy software that I find useful" argument. If you used it, you must have found it useful. Period. (And if you didn't, shame on you for buying it without doing enough research.) If there isn't a free version, then you owe the authors even more because they enabled you to do something that you couldn't have done before (or would have been prohibitively time consuming to do).

    4. Re:Crock of shit by joshsisk · · Score: 2, Insightful

      I've read that Adobe actually doesn't care so much about individual users pirating their software, since very few individuals would ever be able to afford $500 for Photoshop, anyway.

      The clincher is that all those high school and college kids then get jobs and they all know photoshop... So what software do they pester their employers to keep up to date? You guessed it.

      I know it worked for me. When I was in HS, I most assuredly had a pirated version of Photoshop (2.0?). This led me to convince more than one company I worked for later that Corel Photo-Draw was NOT a professional-quality photo editing program. And now I drop several hundred a year on keeping my Adobe install up to date...

    5. Re:Crock of shit by FuzzyBad-Mofo · · Score: 1

      ::shudders:: Corel Draw.. eww..

    6. Re:Crock of shit by Jesus+IS+the+Devil · · Score: 2, Insightful

      Prove it. You're telling me that if a high school kid who messes around with with Photoshop occasionally downloads a pirated copy off IRC, that Adobe loses 500 bucks?

      No. Adobe loses the potential to earn 500 bucks from this kid.

      And before anyone tells me that the kid would never have bought it anyways, does that mean anyone should be allowed to pirate software/music as long as they make the claim that they wouldn't have bought it anyways?

      So how do we find out who's telling the truth and who's lying?

      --

      eTrade SUCKS
    7. Re:Crock of shit by Gendou · · Score: 2

      What if you don't believe that Copyright exists? I believe that the First Ammendment to the Constitution invalidated the ability of Congress to grant Copyright. How can the kid be "using a copyrighted piece of software" if Copyright does not exist? The Corporations that have gained control of the government (using money they earned by violating the basic principles of economics by exploiting government-created artificial scarcity) will NEVER let this be decided by the public, because the corporations own the Congress, the White House, all the judges, and they even own the minds of a number of the citizens.

    8. Re:Crock of shit by Anonymous Coward · · Score: 0

      You are missing the point completely. Just because someone copied the software doesn't necessary mean that a sale was lost. A sale may never have been made in the first place. To think otherwise is illogical.

    9. Re:Crock of shit by Darth_Burrito · · Score: 2

      You're telling me that if a high school kid who messes around with with Photoshop occasionally downloads a pirated copy off IRC, that Adobe loses 500 bucks?

      Not all piracy takes the form of high school kids downloading $1000 software packages. The kid can afford to pay $30 for Unreal Tournament or $2.50 to see spiderman in a second run theatre. Also, I imagine some of the stuff distributed through the warez markets ends up getting sold for $$ somewhere down the line.

      There's also the matter of cheaper products. Do Sun's Office sales drop because a household pirates MS Office? How does piracy affect smaller groups trying to gain market share? If Adobe has the best graphics package and nobody has any qualms about "borrowing" it, then that stifles the business of cheaper graphics packages.

    10. Re:Crock of shit by Anonymous Coward · · Score: 0

      Uh, I think there is little argument as to whether copyright really exists. Whether it should exist or not is an entirely different question, but the claim that it's impossible to be violating the copyright law is rathre hard to support. I don't forsee the Supreme Court overturning the principle of copyrights any time soon, so regardless of your moral opinions, a kid most certainly can be "using a copyrighted piece of software" because Congress said that copyright exists and that has not yet been overturned.

    11. Re:Crock of shit by SirWhoopass · · Score: 2
      I believe that the First Ammendment to the Constitution invalidated the ability of Congress to grant Copyright.

      Perhaps you should read the whole document. What did the authors mean when they said there shall be no law "abriding the freedom of speech or of the press"? Do you really think they meant that you can say and write whatever you want? Are they allowing slander? Libel? Are they allowing you to copy anyone else's work? No.

      In Article I, Section 8, the authors explicitly gave Congress the power "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries". The Consitution does not invalidate copyright, it explicitly grants it.

    12. Re:Crock of shit by ev0l · · Score: 1

      No you are missing the point.

      The software does not belong to who ever wants to use it and the software does not belong to the person who buys it. The software belongs to the person or persons who created it. It was from their effort that it was created. Their hands and minds a responsible for the work. With out them the work would have never existed.

      The creators and ONLY the creators have the right to say what can and can not be done with the software. These are the same ideas and laws that protect the authors of GPL software.

      The point is not whether or not a sale will be lost. The point is the author or authors should have control over there own work and how they want it distributed.

      Will

    13. Re:Crock of shit by NeMon'ess · · Score: 5, Insightful

      An AC said this already but I'll say it louder. Adobe doesn't lose $500, but JASC loses $90 on Paint Shop Pro the kid could have bought. If the kid pirates something by Norton, Panda which sells comparable software for less, looses a potential sale because the kid could have afforded theirs.

    14. Re:Crock of shit by dubiousmike · · Score: 4, Insightful

      Having worked for a number of software companies, both in audio and video, piracy isn't really of the hugest concern, albeit when the pirate is a "home user" or enthusiast. The bottom line is that the more users you have, the more popular you are, the more revenue in the long run. Why?

      If I pirate Photoshop and am able to get my chops up, I can then utilize those skills in the marketplace. When I go for a job, it is HIGHLY unlikley that my workplace will provide or condone illegal copies of Photoshop. Rather, they will purchase copies, upgrades, plugins, ect.

      Software companies don't really care if indiviual users pirate software. They could try to sue individuals until the cows come home, and in the end, would only serve to piss off much of their paying customer base who WILL feel a sense of pity for those getting fined, inprisoned, ect.

      In the end, most folks who use priated versions of popular software end up using it professionally in an environment where the copy they are using is perfectly legal.

      Software piracy, in many cases, actually increases revenue in the long run.

    15. Re:Crock of shit by liquidsin · · Score: 2

      I may be the exception to the rule, but when I was younger I always had the latest freshly ripped copy of illustrator and photoshop. When I was 16 I didn't have the money to drop on something just for the sake of learning it. Now that I've gone into graphic design as a career, not only is Adobe getting my company money for the copies I have at work, the get the money for the copies I keep at home too. And I upgrade at home faster than I do at work, since I want to make sure I like the newest versions before I spend company money on them. So I guess you could say that Adobe got two new customers off of the same pirated copies. Most people who are using software for profit will pay for it. Now the game industry on the other hand...they're getting hosed.

      --
      do not read this line twice.
    16. Re:Crock of shit by Gerry+Gleason · · Score: 2
      Well, I guess we will have to wait until he is out from under both the sentence and any parole before he can really be candid about this.

      I am impressed by his candor with respect to his involvement and responsibility. From what he says, he didn't think very deeply about the implications of what he was doing, ethically or otherwise. Did he think about the possibility of getting arrested? It doesn't even seem like he thought about whether it was right or wrong. Definitely a cautionary tale for anyone who might potentially be in the same (or similar) situation.

      I'm also impressed that he doesn't quibble qbout any justifications or the severity of the sentence. In my opinion, 33 months for this is extremely harsh, which goes directly to the question of just how damaged the software publishers are.

      The real criminals are the end users who copy this stuff to use in business activities, sometimes with many copies of such software, not people like him who allow for the exchange at no profit to themselves. Sharing for a test drive or when you can't afford it and you want to learn how is probably an economic benefit to the software producers, and they should get a clue and start actually promoting this kind of sharing (some do).

      I think his comment about the BSA 'raids' is also a bit naive as well (although he could be holding back here). It is a basic legal principle that you don't have to let anyone snoop around your home or business just because they suspect you of something. Show cause or get off my doorstep.

      If the cops come by and are investigating a serious crime (a murder, for example), I'm inclined to help them out if it isn't too much of an imposition. However, if I don't trust their motives, I might say get a warrant and call my lawyer when they go to get it. It is another basic legal principle that this does not say I am trying to hide something.

      There is a social obligation to help find murderers and violent criminals that just doesn't apply to enforcing copyrights.

    17. Re:Crock of shit by jhines0042 · · Score: 5, Insightful

      Lets take a comparative look at something somewhat similar, toll roads.

      Why do toll roads exists?

      Two reasons.

      1) to pay for the initial building of the road
      2) to pay for the continued maintenance of the road

      Which do you think is more expensive? You guessed right, the initial building of the road/bridge/tunnel, whatever.

      Rather than Tax Everyone in the State/Country etc... they only charge the people who use it.

      Now then, if you drive on the toll road and you don't pay are you stealing? Yes. What are you stealing? The money that you were supposed to pay for the use of the service. Why were you supposed to pay it? To cover the cost of building the road.

      Why should you buy software that you use? Because people spent time writing it and a company paid them to write it. That company raised capital to build the software (road) and if you use it without paying for it then you are gaining the benefit of the service without paying what the builder is asking for.

      Do toll roads make a profit? Sure. Welcome to captialism.

      --
      42 - So long and thanks for all the fish.
    18. Re:Crock of shit by kableh · · Score: 2

      Perhaps I should clarify a bit.

      I take issue with Tresco's assumption that everything is so black and white. As you said, where do you draw the line? I also take issue with his assumption that these companies MUST be losing money if they are supporting organizations like the BSA.

      When I was a kid, I pirated all sorts of software. The only reason I had a computer was because my grandfather got sick of me using his all the time =). Now that I'm a sysadmin type, and actually make a living using this stuff, I am rabid about supporting companies that make good software. I also do my best to instill this value in the users I support, as well as my friends.

      As a USian, I get ticked off that my vote doesn't seem to mean anything these days. But there is one place I have a lot of influence, the free market, and that is why I do my best to give my business to companies that really do deserve it (and sometimes companies that don't *cough*Microsoft*cough*).

    19. Re:Crock of shit by spinkham · · Score: 2

      There's this thing called "academic licensing" that such software companies have. Can't afford $600 Photoshop license? You're a student? Ok, just give me $100 dollars then.
      If it's not worth it for you to come up with the $100 dollars it takes to get an academic license, you didn't really need it. Use Wingimp or some other freeware/shareware image editor.
      No, I don't think that Adobe lost 500 bucks worth of value, but 100 seems reasonable. And the amount of money they aren't getting isn't the point, the point is that software "piracy" is illegal, and most people would agree it's immoral.
      Perhaps the BSA and such overdramatize their side of the debate, and people such as you definatly do. Neither of those facts make it either more or less wrong.

      --
      Blessed are the pessimists, for they have made backups.
    20. Re:Crock of shit by ferat · · Score: 2, Funny

      By this logic Adobe should thank me if I download Photoshop because I'm depriving a competitor of a sale, and JASC should come after me for pirating Photoshop rather than purchasing their product.

      And both of them should come after me with their attack lawyers because I decided the GIMP was good enough for my graphic editing needs - therefore denying both of them a sale.

      The "Pirating Novell is bad because it hurts Banyan!" argument doesn't really hold water. Just stick with "Don't steal software".

    21. Re:Crock of shit by sweetleaf · · Score: 2, Insightful

      It doesn't cost Adobe $500, but it does
      potentially limit the emergence of lower-priced competitors.

      If there was a larger market of people who would pay $50 / title but not $500, then perhaps another
      product would emerge to fill that niche. Similarly, products already in that market might have more funds to improve.

      Perhaps piracy contributes to the lack of
      competitors in a market - this might be its most
      severe impact.

    22. Re:Crock of shit by FroMan · · Score: 1

      Yeah, I agree with this. General Motors wouldn't necessarily had an extra sale from the cars that I steal, since I can't afford one. In fact, if I didn't steal the car they would lose a sale, since the insurance company is going to buy the person I stole it from another car anyways. GM should be thanking me!

      When you take/use something you are not authorized to, it is wrong. You seem to understand this. Would you sneak into a hotel and sleep in a bed, just because the hotel did not rent the room that night? Or how about break into a house while someone is one vacation and sleep in their house? Sure, they vacationers are not using it, but it is still wrong.

      --
      Norris/Palin 2012
      Fact: We deserve leaders who can kick your ass and field dress your carcass.
    23. Re:Crock of shit by RealAlaskan · · Score: 1
      You're telling me that if a high school kid who messes around with with Photoshop occasionally downloads a pirated copy off IRC, that Adobe loses 500 bucks?

      So, if this same kid downloads three times, is Adobe out $1500? How about if he keeps all three copies?

      A better question is: ``Is that three thefts, or one?'' Surely it's theft, but putting a dollar amount on it doesn't look easy. If I (who haven't a clue how to use Photoshop, nor any desire to learn) downloaded a warez copy of Photoshop, I can assure you that Adobe wouldn't be out any money. I'm not going to buy it, ever, because I'm not going to use it, ever. It would be theft, but a theft that deprives Adobe of nothing.

      I think that a better analogy than theft for a case like this is the following: if you disregard the deceased's wishes and cremate instead of bury the remains, you've done no harm, but have shown disrespect. Generally, I don't think that's a crime. Perhaps this is how we should regard the sort of pointless copying that you were talking about.

    24. Re:Crock of shit by jpm165 · · Score: 1

      but if i don't pay the toll on the road, do they send me to jail for 3 years? I don't think so.

    25. Re:Crock of shit by cornjones · · Score: 1

      I agree with the parent poster. I have said this many times. I actually think that some companies count on this idea. There were a bunch of games from a certain company (was it id?) that were always leaked a month or two before "launch". they would have trivial cracks and everybody would get a copy. Then a little while after launch they would come up w/ a service pack that would close the holes and force everybody that is already addicted to the game to go buy it. same method your local heroin dealer might use.

      MS also does this. Every major release of their software will have either a 30/90 day "trial" release or an RC that is fully functional. The trial software is generally cracked trivally and the rc may not expire. if it does, it can be cracked.

      Why do they do this? Because they want individuals to steal this programs. Notice I say individuals. There is no way I am going to go out and pay however many hundred(thousand?) dollars they want for the BizTalk Server, or Visual studio, or win2k server or whatever. But if I can easily get a copy to play with, I will get good at it and I can convince my company that we need it. now my company is going to buy the license. Had I not used the latest greatest edition, we may not have ever bought it. This is just marketing in my opinion. They can't just give it away b/c then the companies would get it too. The companies can't just steal it b/c they are too high profile and have too much to lose. But a bunch of techs hacking away.... just makes them money.

      ahh well, rant off.
      ej

    26. Re:Crock of shit by jhines0042 · · Score: 2

      Depends on how many times you don't pay the toll. Usually they would just fine you something like $35 for skipping a $0.50 toll.

      So that is, what, a 70 fold increase in penalty over actual loss?

      If he was really pirating as much software as he said he was then he stole millions of dollars from various companies.

      Would you rather see him fined $70 Million dollars, declare bankruptcy and then end up having the taxpayers bail him out?

      --
      42 - So long and thanks for all the fish.
    27. Re:Crock of shit by WWWWolf · · Score: 1
      Adobe doesn't lose $500, but JASC loses $90 on Paint Shop Pro the kid could have bought.

      But you also have to remember that The GIMP developers lose whole 0 of any unit of currency if someone warezes some other program.

      There's some subtle flaw in your argument, I just can't quite place it...

      assuming 0 units of the chosen currency means no payment received or given.

    28. Re:Crock of shit by Osty · · Score: 1

      Would you rather see him fined $70 Million dollars, declare bankruptcy and then end up having the taxpayers bail him out?

      Instead, tax payers get to pay for his three hots and a cot for the next 33 months. Either way, the taxpayers get screwed. (For what it's worth, I agree with your toll road analogy, and I agree that the guy was in the wrong, and was caught, and is being punished. Could there have been a better punishment than just letting him rot in prison? Probably, just like most every other case there's a better punishment than prison. Our system just isn't creative enough to come up with these punishments, and so we have massively overcrowded prisons and a huge taxpayer burden).

    29. Re:Crock of shit by Restil · · Score: 2

      Piracy is typically referred to as theft, but only when it deprives a software company of a sale it otherwise would have gotten. In your example, no, the kid who farts around with photoshop is not costing adobe any money.

      It gets tricky where you actually NEED that software. If your job or hobbies require the use of photoshop and you pirate it, then you ARE depriving Adobe of a sale. The argument could always be stated that there are less expensive and/or free alternatives (like The Gimp), and this may very well be true. But if this is the case, someone using the software in a professional environment should be using the less expensive/free alternative anyway, otherwise the deprivation argument actually has teeth.

      In a business environment, there is no excuse. The entire company could be built around free software solutions from the beginning if it wants to remain neutral in the piracy war. But when corporations utilize commercial software to make money and don't purchase the licenses that enable them to do so, that is strictly a lost sale, and there's not really anything that can be argued about it.

      One sidenote though, the highschool kid with photoshop is learning to use softwere he would otherwise not be able to legally obtain. Should he use alternative software, along with many others, that alternative solution would inevitably become more popular, to the detriment of Adobe. While you can debate the ethical piracy issues regarding that one illicit copy, in the long run, it probably helps Adobe that the kid uses it instead of Gimp on a regular basis.

      -Restil

      --
      Play with my webcams and lights here
    30. Re:Crock of shit by corey_lawson · · Score: 1

      ...you forgot the other reason toll roads exist: politics. Say, for a state with a city that pretty much accounts for half of the state: population, revenue, etc. Said city wants new highways, and wants a state tax increase to help pay for it, because the state is going to be buiidng it, etc. The country bumpkins don't want to pay no stinkin' tax for the richboy city slickers, so they get the city/region to do it with a toll, so the "users" of the roads can pay for it.

    31. Re:Crock of shit by jakub_sad · · Score: 0
      Do Sun's Office sales drop because a household pirates MS Office? How does piracy affect smaller groups trying to gain market share?

      Does Sun lose money when I use OpenOffice? Yes. Does M$ lose money when I use OpenOffice? Yes. Maybe free software should be illegal too! After all, no one makes money, and companies can only have the potential to lose money.

      And "lose money" should be potential money.

      (NOTE: I am not implying anything about warez)

    32. Re:Crock of shit by MightyTribble · · Score: 1

      Close, but not quite. Your examples are physical objects that have a high per-unit cost of production. Stealing a car *denys* the use of that car to its rightful owner. Sleeping in a hotel's bed *denys* the hotel of use of that specific bed.

      Copying software does not *deny* the copyright holder of the use of that software, and the per-unit cost of that software (the cost of reproduction, excluding packaging, shipping, storage etc) is infinitesimal. That's why copying software illegally *is* copyright infringement (you're using something without permission), but *not* theft (by your use of this thing, you are not denying anyone else the use of it).

      Now, walking into Best Buy and walking out with a full pack product of WindowsXP is theft. Downloading a warez version is copyright infringement. Two different crimes. Hence, copying software != theft.

    33. Re:Crock of shit by runderwo · · Score: 1
      No. Adobe loses the potential to earn 500 bucks from this kid.
      This statement is actually the real crock of shit here. Who's to say this kid won't end up buying Photoshop and other Adobe products, when he gets a job based on his m4d Photoshop skillz that he acquired from his warezed copy?
    34. Re:Crock of shit by DaytonCIM · · Score: 2

      Don't get me wrong, piracy is basically theft.

      No. Wrong. Piracy IS theft.

      Yes, when you download a song from the Internet and "use" it, you are cheating the artist out of money.

      Yes, when you download a "cracked" copy of Adobe "Anything," you are cheating Adobe out of $299.

      Whether or not the artist, label, or software company is "over-charging" for their product; or the MPAA or RIAA are justified in their attacks on P2P; or Microsoft, et al are justified in their attacks on Open Source is a red herring and not relevant.

      Stealing is stealing, whether you're Martha Stewart, Bill Gates, or geek from any town USA.

    35. Re:Crock of shit by Billly+Gates · · Score: 2

      I read in the NYtimes that the FBI mentioned that they do not target guys who download maybe an app or 2 off the net.

      They go after people who setup servers that offer tens of thousands of downloads of copyrighted programs. He did not just pirate 2 or 3 apps. He probalby did end up costing some of these software companies tens if not hundreds of thousands of dollars. Many small to medium sized bussinesses pirate. Also Asian and European companies pirate alot more then American ones and I am sure they used his servers to bootleg. This is a much larger scale then a kid downloading photoshop off of limewire.

    36. Re:Crock of shit by kaxman · · Score: 0

      Nope, sorry. Crock of shit, this is. Because in the original post, we were talking about kids who were just downloading an occasional copy of a program, but weren't about to pay for its continued use. Please, you can't sit there and tell me that someone who would NEVER have paid the money for a program NO MATTER WHAT is costing a company money because he downloads a copy of the software to use rarely. I mean, please...

      --
      Everyone on slashdot has a journal.
    37. Re:Crock of shit by CTBlog · · Score: 1

      For what its worth, your analogy doesn't hold water, really.

      A person that avoids paying a toll, uses a resources which, no matter how minute, does cause wear to. That wear does cost money in terms of maintenance. However, that does not mean it added to the cost of the initial construction (more on initial costs later).

      Now, this would be akin to someone stealing a CD, listening to it, and placing it back. In which case, arguably, this "borrowing" is still stealing, and in the process causes wear to the CD.

      Now, copying music, 'digital piracy,' does not at all follow this logic. That would be more akin to someone, at their own expense (i.e. bandwidth and hard drive space), paving a new road atop the old one and then not paying the tolls.

      The initial costs part of the analogy also doesn't quite work. You're talking public sector and private sector: politics and markets. While there is definitely incentive to recoup the initial costs, making something by no means guarentees that you will.

      --
      Read some more critical thoughts.
    38. Re:Crock of shit by Anonymous Coward · · Score: 0

      • The creators and ONLY the creators have the right to say what can and can not be done with the software. These are the same ideas and laws that protect the authors of GPL software.

      Not really. Compare products. When you buy a product, the producer of that product cannot limit what you do with it. It is legislated in what is usually called the 'First Sale' doctrine - they can only decide who to sell it to. What the buyer decides to do with it is out of their control. They can sell it somewhere else, create a derivative product, use it for something the producer didn't intend etc.
      Also, there is special legislation to protect consumers, eg product liability, product fitness etc.
      That's of course why software companies explicitly (read the EULAs) state that 'this product is licensed, not sold' to bypass these laws.

      So, for tangiable products, the producers have very little say in how you use it. The laws are written to protect the consumers, and not the producers. They do it to maximise the well-being of the consumers.
      Shouldn't that extend to services too? Should companies bypass this meticously arranged consumer protection by simply attach an EULA?

      Of course the producer 'owns' the product in the copyright sense. But giving the producers control over the product (think DRM) doesn't yield a better system. I believe there is a fundamental right to create derivative works (eg for me to make a compilation CD-R of my bought CD's, sing the song at a karaoke bar etc) for works that should have legislated protection. Giving producers total control over their products (DRM, no fair use, overrestrictive EULAs) doesn't give the consumers the best products.

      And after all, the only reason we have companies at all is to create good products for the citizens!
    39. Re:Crock of shit by Kaz+Riprock · · Score: 2
      Unless you live in Boston, in which the E-W toll roads exist to build other roads that the N-S regular commuters will use but you paid for...

      But I'm not bitter or anything...

      --
      Mordor...a magical, mythical land where women are more rare than dragons--but where every man would rather find a dragon
    40. Re:Crock of shit by ChaosDiscord · · Score: 2
      Now then, if you drive on the toll road and you don't pay are you stealing? Yes. What are you stealing? The money that you were supposed to pay for the use of the service.

      Erm, you didn't steal that money any more than shoplifters are stealing money that they should have paid for the product. If you fail to pay tolls on a toll road you're stealing a service, in this case access to the road. You're causing wear and tear on the road, congesting the highway (requiring more to be built), and increasing the risk of accidents (requiring more police and paramedics to be hired).

      Why should you buy software that you use? Because people spent time writing it and a company paid them to write it.

      So far, so good...

      That company raised capital to build the software (road) and if you use it without paying for it then you are gaining the benefit of the service without paying what the builder is asking for.

      ...and then this logical error. I'm not paying for a service when I buy software, I'm paying for a product.

      When I pay a toll, I am paying for the service of using the road. I don't get to take anything home with me. When I purchase a book, I'm not paying for the service of the author writing the book, I'm paying to take a book home. When I purchase a car I'm not paying for the service of my car being designed and manufactured, I'm paying to take a car home. When I purchase software I'm not paying for the service of the software being developed, I'm paying to end up with my very own copy. When I purchase a product, I am paying for that particular instance of the product. Previously the supplier had the product and I had money. The supplier wants my money and I want the product. We trade and are both happy. I don't care that the supplier needs to recoup his investment to create the product, that's his problem. I don't care if he spent the effort to create the product himself, purchased it from someone else, it from the future and matter replicated it, or it magically appeared in his stockroom for no reason.

      (That said, copyright infringement is harmful to society and should be fought against. I just want to clarify that copyright infringment is different from theft of service.)

    41. Re:Crock of shit by beer_maker · · Score: 1
      I try to avoid "me too!" posts, but that's a really great point I hadn't heard before:
      Perhaps piracy contributes to the lack of competitors in a market - this might be its most severe impact.
      This may be exactly why there aren't any good mid-range Office suites. With MS Office on the expensive end of the spectrum, and Star/Open Office on the cheap end, and pirates providing MSO at S/OO prices, who can afford to build a competative product?

      --
      Hmmm. Your ideas are intriguing to me and I wish to subscribe to your newsletter.
    42. Re:Crock of shit by ChaosDiscord · · Score: 2
      ...but JASC loses $90 on Paint Shop Pro the kid could have bought.

      Apparently allowances have gone up. When I was a kid, $90 would have represented my major purchase for the year (even adjusted for inflation). Hell, even in college $90 was pretty hard to scrape together.

    43. Re:Crock of shit by psin+psycle · · Score: 2

      Your analogy has one major flaw: when you use a toll road you usually pay for what you use, not for the maximum use of the road. (ie. $.25 every 10m)

      For example imagine if there was a toll road that was 500 miles long. At the center of the toll road you had to pay a fee of $10.00. (this might sound familiar to those in BC) That fee is for the entire use of the toll road. Now, imagine if there was an on ramp 1m south of the toll both and an exit 1m north of the toll both. You have to take the 500m toll road for only the 2m distance between the on ramp and the exit. There may or may not be alternative routes, but this is the fastest/easiest way. You decide not to pay the toll. Have you just stolen $10.00? I don't think so. You've stolen about 4cents (2m/500m*$10).

      What happens if you pay the $10.00 toll? That's right, the toll operator is stealing (over-charging) you by $9.96!

      Let's now relate this to SW:

      • 1st run: There is a $500 software package that you would like to use. You pay the $500 for the full use of the SW and discover that you only needed 2/500ths of what was sold to you. The SW company overchanged you by $498 ($500-2/500*$500).
      • 2nd run: This time you copy the product from a friend. You use the same 2/500ths of the product. Did you steal $500? No. You stole only $2. (2/500*$500).

      Ok. Stealing is still wrong - whether it is $2 or $0.04. The point of this whole thing is the SW industry overcharging (price fixing?) by such huge amounts is being just as immoral as the student who copies the software.

      --
      Need a website host? Try out http://WebQualityHost.net
    44. Re:Crock of shit by jhoffoss · · Score: 2

      The thing you [and others] halfway miss is software is not directly comarable to a product or a service. Things like security updates and patches, those kinda fit under a service. The disc you bought, sorta like the product. But Adobe sure as hell doesn't pay over $1 for the jewel case and CD you buy. You're paying for the code, which is a product, albeit not directly physical beyond the bits on whatever media it's stored on. But it's still a product, it's still something you can use daily to perform tasks, be it code other programs, create images, or balance your checkbook.

      No, copyright infringement doesn't fit directly under theft, but it's akin to theft. Anyway, this is all semantics and we could run in circles for hours saying the same shit.

      --
      Linux: The world's best text-adventure game.
    45. Re:Crock of shit by dasuridai · · Score: 1

      You're telling me that if a high school kid who messes around with with Photoshop occasionally downloads a pirated copy off IRC, that Adobe loses 500 bucks?

      I believe that the issue for software vendors is when software pirates make copies of some piece of software, label it to make it appear legit, and then sell it as if new. This is what makes companies loose money, not kids trading files.

      That being said, I would agree with others who have posted, in saying that Intellectual Property is best suited to a gift economy. I do not agree with these strongarm tactics against people who are not selling the pirated software.

    46. Re:Crock of shit by Shwag · · Score: 1

      If I have a plate of spagetti, and you take my spagetti, then I don't have any spagetti anymore. With software it is different. You can copy it and copy it and copy it.

      Voice your opinion for editor moderation reform!

    47. Re:Crock of shit by Anonymous Coward · · Score: 0

      The fair use terminalogy is quite vague when it comes to copyright. I can easily buy a book and use it at both work/home but according to the current laws if I use a software program at work and would like to use it at home I must purchase another license. Does that mean I have to purchase separate licenses if I want to drive a Ford and then a Chevy? The whole license thing is crap. I may have several computers but only use one at a time I have to buy several licenses because I MIGHT use a copy on another machine.

      I loved the Borland license scheme in the late 80's early 90's you can make unlimited copies but only one can be used at any time. Remember this is 2002 and I might have paraphrased this a little too much. The general idea is correct but the details are probably fuzzy.

    48. Re:Crock of shit by Anonymous Coward · · Score: 0

      microsoft has already given you the answer you numb nut prick.

      if very few people can obtain your software, because it's not affordable, or it's not possible to obtain through copying/piracy, you'll have shit for mindshare and community for your product.

      microsoft the most pirated software in the universe, and until the economy went south, one of the richest companies in the universe with the richest officers heading the company.

      resolve that little inconsistancy with some of your bullshit.

      it's getting to the point where PEOPLE who can run the software are far more valuable then the software itself.

      microsoft was way ahead of everyone in their thinking.

      no one else will get as rich as them giving away their software, because they were the first ones there.

      software is being comoditized....ACCEPT IT BITCH.

      adobe used to command $1000+
      alias/wavefront used to command $40,000 (now $2000)

      if you were head of microsoft, you'd be long forgotten, the "i see everything as black & white" loser with no vision.

      bill g. has wonderfully capitalized on an opportunity of balancing piracy to spread mindshare and high prices to make huge bucks. he now knows that time is over.

      hell they even WANT china to pirate their software.

      but basically bill knows the jig is up, and he's moving on to other oportunities other ventures.

      you? you would have run MS straight into the ground, not a hint of vision to be found within a 100 mile radius of your presense.

      your whole bullshit user spectrum was solved long ago.....you make it reasonably hard to copy the software, encourage businesses to buy it. and you let the others slide.

      that's how smart businesses did it.

      well, even that technique is going by the way side.

      software has less attached value then it once did, because of competition and because people are thinking of software in new ways.

      your simpleton attitude "it's just wrong", is going to leave you abandoned in the stone age.

    49. Re:Crock of shit by Reziac · · Score: 2

      WordPerfect Corp. even provided free tech support (on their 800 number no less) whether you had a legit copy or not. The logic was that if you pirated one version and liked it, you'd be more likely to get impatient and just BUY the next version when it came available. WPCorp built a market leader on this philosophy. They only really started losing market dominance when they started requiring proof of ownership before they'd provide support (mind you, this was BEFORE Word really got into the picture).

      Regardless of ethical issues, sometimes allowing or even encouraging a little judicious theft is good *business practice* -- as yet another form of that most effective of all marketing techniques, the free sample.

      (Do I repeat myself? very well, I repeat myself. :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    50. Re:Crock of shit by Jesus+IS+the+Devil · · Score: 1

      So THEREFORE anyone should be allowed to pirate software then right? The people at Adobe are supposed to be mind readers now?

      I think you're just making excuses for yourself, Mr. Crock.

      --

      eTrade SUCKS
    51. Re:Crock of shit by evilviper · · Score: 2

      And the kid only bought Paint Shop and Panda because he didn't know about GIMP for Windows, and Grisoft AVG antivirus.

      Want to know my opinion? I think it is incredibly unfair that companies have the right to put measures in place that prevent copying, but I have no right to get a replacement copy if the original breaks. So, to enforce my right to make a copy, or just for the convience of being able to copy it to my hard drive, I am expected to pay more for programs that can bypass the copy inhibiters, and now those are illegial as well.

      Probably the biggest consumers of software cracks are those that have the software legally, and simly find the copy controls to be to inhibiting, and a hassle. Who is going to individually install programs on PCs, as the program requires? Nobody. Everyone gets the crack, then installs it on one system, which will be cloned.

      So, while I think Warez is anything but okay, it is thriving because of unfair laws and bad practices on the part of the companies selling the software. I may not engage in Warez myself, but I certainly don't think badly of those that do.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    52. Re:Crock of shit by NeMon'ess · · Score: 2

      If you look at Gimp's website, the creators admit it isn't as full featured as Adobe's. I don't know if it has all the features of JASC's paint program. If it doesn't and the kid needs those features, then yes the warez copy is possibly costing JASC a sale.

    53. Re:Crock of shit by evilviper · · Score: 2

      I believe the number was 95%. Supposedly, that's haw much of Ps' functionality that Gimp has. Besides, the feature comparison doesn't matter... Photoshop has stayed on top because the majority of artists are accustomed to it. I'd be willing to bet that the 5% extra funtionality that photoshop has, is the 5% that is least used, and needed by the fewest people. That's how open source develops after all.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    54. Re:Crock of shit by runderwo · · Score: 0
      I think you're just making excuses for yourself, Mr. Crock.

      Why do these warez arguments always turn into counter-productive ad-hominem attacks? Because I defend the idea that having access to this software without paying the entry fee is not necessarily universally bad for the company providing it, that automatically makes me a warez-leeching freak?

      Check your logic please before you start spouting off rhetoric, pal. What about peeking through a knothole, and watching a baseball game that you didn't pay the entry fee for? After all, those players are being paid X amount of dollars to provide the game for paying viewers, and therefore you are stealing from them by watching the game without paying. So is it wrong to do so, even though the facilities exist to do so with ease? If it's wrong, is it wrong enough to sentence them to years in prison over it?

      IRC channels and P2P are just a more modern form of the sandlot knothole. And I saw plenty of kids getting chased away from knotholes, but I never saw them tossed in prison for years over it. I also would put forth that some professional players of today never would have been interested in baseball in the first, if they hadn't watched a game through the knothole.

      Of course, the piracy == stealing crowd isn't a big fan of analogies anyway, as they tend to prefer spewing the corporate drivel they've been fed all their lives, without stopping to examine the real effects of piracy. I think if people would quit being self-righteous zealots for a moment, and stop and examine the facts, they might find that the facts don't really match up with what the corporate party line claims.

    55. Re:Crock of shit by Anonymous Coward · · Score: 0

      > By this logic Adobe should thank me if I download Photoshop because I'm depriving a competitor of a sale
      [...]

      Yes. You've got it. This is how Microsoft got its dominant position.

      --fred

    56. Re:Crock of shit by Anonymous Coward · · Score: 0

      > I'd be willing to bet that the 5% extra funtionality that photoshop has, is the 5% that is least used, and needed by the fewest people

      And I bet that you never used both software. The Gimp have maybe 10% of the functionality of Photoshop.

      (And, yes, The Gimp is a real fine piece of software. And it have probably 80% of what normal people _use_ from Photoshop. But saying it compare feature wise to photoshop is plain wrong. They are not in the same league)

      --fred

    57. Re:Crock of shit by evilviper · · Score: 2

      Well than you anonymous coward, I'll be sure to take your word, over the word of everyone else I've ever heard chime in on the subject.

      While I have not used photoshop extensively (why would I need to?) I deal with plenty of people that have & do... I have yet to have a single one say that GIMP is missing a feature... And these range from students, to pros (that now actually use GIMP instead of photoshop-so long as no-one else needs the file in Ps format)

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    58. Re:Crock of shit by Anonymous Coward · · Score: 0

      > Well than you anonymous coward, I'll be sure to take your word, over the word of everyone else I've ever heard chime in on the subject.

      Oh yes, Mr Evilviper. You are much less anonymous than an AC.

    59. Re:Crock of shit by evilviper · · Score: 2

      The AC part was not the point. Although, anyone may read through my old posts and know that I do indeed know what I'm talking about.

      The fact that people in the know (including the Gimp developers) have stated quite clearly, that Gimp has most of the functionality of Ps, and my own experience backs it up.

      But hey, since some anonymous person on /. said it, everyone else must be wrong...

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    60. Re:Crock of shit by mr.+methane · · Score: 1

      There's another point that's often overlooked here. Many warez sites are hosted on computers and links without the owner's permission. This results in a great deal of time (rebuilding a hacked system) and a lot of money (even at OC12 levels, transit bandwidth costs about $120/month/meg, not including the hardware).

      Without the motivation of sharing illegal content, the appeal of hacking into the local soccer club's server becomes a lot less appealing.

  7. Dude, that's gonna turn some heads by therealmoose · · Score: 5, Funny
    Blockquote the poster:
    I am setting up a service there called the "Free Software Mirror Project"
    I'm no lawyer, but a convicted warez dude setting up a "FREE SOFTWARE Mirror Project has to attract some attention....
    1. Re:Dude, that's gonna turn some heads by yerricde · · Score: 2

      a convicted warez dude setting up a "FREE SOFTWARE Mirror Project has to attract some attention

      Attention != negative attention. The more attention Tresco attracts to FSMP, the less the free software community will get burned if OSDN's service happens to go under.

      --
      Will I retire or break 10K?
  8. sanskrit by tps12 · · Score: 2, Informative

    Is a written language. Nobody speaks it.

    --

    Karma: Good (despite my invention of the Karma: sig)
    1. Re:sanskrit by Hamster+Of+Death · · Score: 1

      Well he's got the time to get started on changing that! =)

    2. Re:sanskrit by MarcoAtWork · · Score: 1

      oh come on, while Sanskrit is a 'dead language', it can be obviously spoken if you really want to learn it: do a google search for 'spoken sanskrit' to find in #1 position a site with some realaudio files for example.

      --
      -- the cake is a lie
    3. Re:sanskrit by The+Cydonian · · Score: 2, Informative
      [Sanskrit]...Is a written language. Nobody speaks it.

      Not quite. Most Advaitists (as opposed to certain fundamentalist Hindus) start their day by reciting the Gayatri Mantra, which, you guessed it, is in Sanskrit. :-)

    4. Re:sanskrit by Disoculated · · Score: 1
      It might be dead for conversation, but it's used in lots of ceremony and a whole lot of people have Sanskrit names. It's as much in use as latin.

    5. Re:sanskrit by machine+of+god · · Score: 1

      Well then I guess that makes it a lot easier to learn to do then doesn't it.

  9. Sad by Master+Bait · · Score: 5, Insightful
    It is so sad that he's going to jail for duplicating data. I don't give a rat's ass about the position that it is 'stealing'. These people never sold their copies.

    The laws have really gone over the line. Copyright violations used to be civil matters, going into criminal if somebody sold copies for financial gain.

    It is a sad time when corporate entities have so many more rights than citizens.

    Good thing for open source software.

    --
    "Only in their dreams can men truly be free 'twas always thus, and always thus will be."
    --Tom Schulman
    1. Re:Sad by EZmagz · · Score: 2, Interesting
      Amen, brother.

      Honestly, people will flame you to all hell for saying that, being that the /. crowd developed a strong sense of ethics and morals over the last few years. But how many of them have a cracked version of Photoshop on their P9 1THz w/3000 gigs of ram? Or how many of them have a divx they "borrowed" off of giFT of a movie they never owned?

      I liken the DOD bust to smoking weed: it's illegal, but there's much worse things in the world than marijuana. The amount of warez I use is analogous to smoking a joint...I don't do it often, and the chances of me getting caught are pretty slim-to-none because of my low-profile.

      The DOD bust was analgous to moving MASSIVE amounts of drugs across America in a fleet of Semi trucks. Much higher profile, people tend to notice, and if you're driving that truck then God Bless.

      Basically, if you play the game, be discrete. And if you get caught, there's nobody else to blame.

      --

      "Hell hath no fury like a woman scorned for SEGA. ..."

    2. Re:Sad by Anonymous Coward · · Score: 0

      viva la resistance!!!

    3. Re:Sad by Anonymous Coward · · Score: 0

      1. Man pirates software, a nonviolent crime.
      2. Man goes to jail, gets assfucked, learns to hate society for putting him in there.
      3. Man comes out a dangerous violent criminal.

      It happens again and again. What they should really do is put a lien on his earnings for X years. He didn't even do this for profit!

    4. Re:Sad by lostPackets · · Score: 1
      That's a much more appropiate analogy then you intended, given that our drug policy is even more farcical than our IP laws.


      Basically, if you play the game, be discrete. And if you get caught, there's nobody else to blame.

      How about we blame a goverment unforcing immoral and unjust laws and a weak minded citizenship that does little to stop it? Silly me I tend to view the drug trade the same way I view "offensive art" if you don't like it stay away from it, and mind your own damn business.

    5. Re:Sad by poot_rootbeer · · Score: 2


      Since you seem to think that everyone should have an unfettered right to duplicate data, so long as they don't make profit off it, or deprive the original owner of the data, I think you'll be happy to hear that I have your credit card number and expiration date, and I've made up copies of your card and am handing them out for free to anyone who wants one.

      Why are you so upset? INFORMATION WANTS TO BE FREEEEEEE!!!

    6. Re:Sad by X · · Score: 2

      Well, I certainly don't have a P9, and I don't have Photoshop of any kind, mostly because the GIMP does the job pretty well for me, and it won't run on my favourite OS.

      I have to use Windows for work much of the time, and as a consequence I have no problem paying for a license of Windows to support that.

      Really, there is no need to break the law, thanks to the hard efforts of free software developers. The problem is that it's *easy* to break the law.

      --
      sigs are a waste of space
    7. Re:Sad by vegetablespork · · Score: 1

      I'm sure I don't care. My bank might, though.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    8. Re:Sad by MasterD · · Score: 2
      Since you seem to think that everyone should have an unfettered right to duplicate data, so long as they don't make profit off it, or deprive the original owner of the data, I think you'll be happy to hear that I have your credit card number and expiration date, and I've made up copies of your card and am handing them out for free to anyone who wants one.

      The duplication and distribution of the credit card number would not be the problem. If somebody used the number to buy something, then that is the problem. Then, they are stealing real goods.

  10. About to spend 33 months in the pokey? by Bonker · · Score: 3, Funny

    That's just a little less than three years. Three years with little or no chance of hetero sex. If I had time that I got to spend outside of prison before going inside, you can sure as hell bet that I wouldn't be spending it reading slashdot.

    Chris, no clue as to your romantic situation, but put the keyboard down and find yourself a woman to fuck before its too late.

    --
    The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
    1. Re:About to spend 33 months in the pokey? by Anonymous Coward · · Score: 1, Insightful

      Three years with little or no chance of hetero sex. If I had time that I got to spend outside of prison before going inside, you can sure as hell bet that I wouldn't be spending it reading slashdot.


      I don't know. Based on my perception from reading a lot of the posts here, I'd guess that three years without sex is nothing for the typical slashdotter. Only difference being, this guy has a good excuse.

    2. Re:About to spend 33 months in the pokey? by vsavatar · · Score: 1

      Well if he got married before he went into prison he could have conjugal visits with his wife. Then he could have hetero sex. Minimum security prisons are more like county jails than IMAX type facilities. There really isn't a lot of raping that goes on in there... granted there are people who think that homo sex is better than none at all and they may get into that, but you don't get a lot of violent prisoners in minimum security facilities. Also, in minimum security federal prisons it isn't all spent in lockdown like it is in max security installations. Sure, it's not a nice place to be, no prison is, but there are worse places to be than a minimum security federal prison (Terre Haute anyone?).

    3. Re:About to spend 33 months in the pokey? by Anonymous Coward · · Score: 0

      I'd rather do time in Allenwood than almost any county jail.

    4. Re:About to spend 33 months in the pokey? by Jesus+IS+the+Devil · · Score: 1

      How do you know he doesn't enjoy having sex with men?

      --

      eTrade SUCKS
    5. Re:About to spend 33 months in the pokey? by sandbenders · · Score: 1

      Having spent a good chunk of my early years in Terre Haute (the town, not the prisons, and there are several), I can honestly say that spending 33 months in a minimum security prison in Mass is preferable to spending 33 months in Terre Haute, IN as a free man. At least in prison there might be a crooked stockbroker or accountant that can string together a coherent sentence!

      --
      Eagles may fly, but weasels don't get sucked into jet engines.
    6. Re:About to spend 33 months in the pokey? by geekoid · · Score: 2

      if he doesn't show up hung-over and well laid, he has made a serious mistake in priorities.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    7. Re:About to spend 33 months in the pokey? by rueba · · Score: 1

      Good one!

      On a serious note, its nice to see that he won't be sharing a cell with Bubba, who is serving 3 life sentences for a triple murder.

      I wish him all the best.

      --
      The only reason all cover-ups appear to fail is that you never hear about the ones that succeed.
    8. Re:About to spend 33 months in the pokey? by Chewie · · Score: 4, Funny

      Three years with no sex? That's cruel! That's inhumane! That's....what? Oh, wait... That's my life.

      "I mean, look at you! You're the kind of guy who would beg for sex! And I should know, we can smell our own." --Brodie

      --
      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
    9. Re:About to spend 33 months in the pokey? by Tetsujin28 · · Score: 2

      Minimum security prisons are more like county jails than IMAX type facilities.


      What, no sixty-foot-tall movie screen? Damn, that's harsh.

      --
      - - - -
      The real Tetsujin 28 is a giant robot.
    10. Re:About to spend 33 months in the pokey? by vsavatar · · Score: 1

      IMAX (Ionia Maximum Security Prison) is Michigan's highest security prison. It is located in Ionia Michigan and it's where they keep all the multiple murderers, the criminally insane, and several other types of violent offenders most of which are serving one or more life sentences.

  11. Re:Bah by Anonymous Coward · · Score: 0, Funny

    So once upon a time there was this merchant ship carrying live sheep from New Zealand to points westward. The ship went down in a storm, and only one New Zealander, one sheep, and the ship's dog survived. All three washed up on the shore of a deserted island.

    Every night, the Kiwi, the sheep, and the dog would sit on the beach and watch the sun set, dreaming of rescue. After a few months of this, the Kiwi started to get powerfully lonely, and the sheep started to look better every day. One particularly beautiful night, the Kiwi reached over to put his arm around the sheep... at which point the dog starting barking and howling and snapping until the Kiwi stopped.

    This went on for many weeks. Every time the Kiwi got ready to put the moves on the sheep, the dog went nuts. Finally, one day another ship went down and the only survivor-- a beautiful woman-- washed up on shore. The Kiwi helped the woman, dressed her wounds, gave her food and fresh water, and eventually she joined their little family. Every night the four of them-- Kiwi, woman, sheep, dog-- would sit on the beach and watch the sun set into the ocean.

    Finally the Kiwi could take it no longer. He waited until the quiet, romantic moment just after sunset, leaned over to the woman, and whispered softly into her ear.

    "Would you mind taking the dog for a walk?"

  12. Silenced opinions by srussell · · Score: 5, Interesting
    (Note: Chris does not advise you to follow in his footsteps.)

    I don't believe that "warez" is an important enough issue to break the law over, I probably wouldn't morally approve of the activity if I thought about it enough, and I'm probably not clever enough (anymore) to crack software anyway.

    However, one must wonder whether Chris' discouraging of people to follow in his footsteps is motivated by his inner feelings, or by the terms of his sentence / plea bargain / desire for early parole. The last, I can understand, for obvious reasons; the first two have always seemed just shy of legalized censorship.

    1. Re:Silenced opinions by Anonymous Coward · · Score: 1, Interesting

      How about running a followup interview of the leaders of DEVIANCE/WIZISO/FLT etc. They would use hushmail or something and we could get a before and after view of the leaders in piracy.

    2. Re:Silenced opinions by Anonymous Coward · · Score: 0

      Chris does not advise you to follow in his footsteps.
      Chris advises you to not follow in his footsteps.

      Two very different things.

    3. Re:Silenced opinions by meis31337 · · Score: 1

      I am sure they would have different opinions than I had. They would probably say the same things as the leader of DoD would before he was cought by the federal government and had to face what he had been doing over the years. I am sure my answers would have been different a couple of years ago as well... but in life, experiences tend to change your views on things... especially experience that effect you you as profoundly as this effected and still effects me.

    4. Re:Silenced opinions by Anonymous Coward · · Score: 0

      I dont' know if you are still around, but why do you think they picked DoD to bust especially?

      Rumors say it was because a DoD site was running on a government server, or that DoD was under a long running investigation b/c of windows 95.

      A lot of people stay away from apps/games because they are thought to be specifically targetted by law enforcement.

      What are your thoughts?

    5. Re:Silenced opinions by mandolin · · Score: 2
      However, one must wonder whether Chris' discouraging of people to follow in his footsteps is motivated by his inner feelings, or by the terms of his sentence / plea bargain / desire for early parole.

      It's probably both. Why must motivations always be simple?

  13. The P2P Question by Rayonic · · Score: 3, Interesting

    That was a pretty good response to the question I asked, but I wish had emphasized the security aspect.

    Mainly, I think there is an interesting legal difference between "leechers" on IRC/Usenet/etc. and "leechers" on P2P, in that the P2P users technically become distributors themselves. Anyone else have any thoughts on the matter?

    1. Re:The P2P Question by fcrick · · Score: 1

      leechers on p2p do exactly what the ones on irc do - they don't share their files. They shutdown the program or move each file as the download completes...

      --
      Your signatures belong to me.
    2. Re:The P2P Question by greymond · · Score: 1

      I would disagree with the P2P users becoming distributors BUT it is relative to the program you are using.

      When I am on my windows machine I use Limewire - when i'm on my mandrake box I use gnutella (same program basically) both offer a choice on allowing/disallowing people from downloading from you.

      With it checked you can download all you want without having to worry about anyone pulling songs from you.

      This way I can grab songs from Supercharger (I own the cd it's just scratched to fuck and unplayable) and not worry about people dloading the songs from me that they may or may not own.

    3. Re:The P2P Question by Rayonic · · Score: 2

      They shutdown the program or move each file as the download completes...

      Not with some P2P clients, that actually upload parts of the file while you're still downloading other parts.

    4. Re:The P2P Question by meis31337 · · Score: 1

      I would argue that leechers on IRC become distributors as well. You have to start somewhere... I mean, it isn't such a big jump from #m8leech to DrinkOrDie.

  14. Here's what's unfair by pheared · · Score: 5, Informative

    Both networks utilize the internet as a means to illegally distribute copyrighted works.

    It is NOT a prerequisite of a P2P network to exchange illegally copyrighted works. I can have a P2P network that exchanges legal copies of files. I cannot have a warez network that distributed legal copies of files, unless you redefine what we know warez to mean.

    1. Re:Here's what's unfair by Anonymous Coward · · Score: 0

      untrue, free software does get distributed along with warez.

    2. Re:Here's what's unfair by Tantrum420 · · Score: 1
      It is NOT a prerequisite of a P2P network to exchange illegally copyrighted works. I can have a P2P network that exchanges legal copies of files. I cannot have a warez network that distributed legal copies of files, unless you redefine what we know warez to mean.

      Um... What exactly is a 'warez network'? Seems like most of that trading is done via FTP sites, web pages, IRC Bots, Usenet, whatever. Don't forget that these programs and protocols are just as neutral about what gets traded across them as P2P. The only thing that qualifies those networks as 'warez' is what people put across them. Don't punish the technology for what people use it for. Kinda like guns, IMHO.

      As a sidenote, as warez is just a short form of softwares, couldn't a warez network distribute legal copies of 'freewarez'?

      My $0.05 (keep the change),
      T

    3. Re:Here's what's unfair by pheared · · Score: 1

      Um... What exactly is a 'warez network'?

      It was his language, sort of.

      I think we're in violent agreement. I agree that you shouldn't punish the technology either, which is why I was perturbed by the comment that P2P networks necessarily traffic illegal software. It was probably a mistake on his part, but I don't think those ideas should be fostered at any rate.

      I never said that FTP servers necessarily traffic illegal software. He said "Both networks" so I had to assume he meant a "warez network".

      And yes, FTP servers are able to transmit free software but I was trying to live with his abstract "warez network" terminology. Just like there can be warez on a P2P network. But I don't think you can set up a bunch of servers, no matter what the technology, and call it a "warez network", where warez means illegal software as is relevant to the discussion, and then distribute free software. At the least, you wouldn't be able to set one up WITHOUT warez.

    4. Re:Here's what's unfair by soft_guy · · Score: 2, Funny

      If you're doing warez for the reasons he cites: - the fun of setting up the networks - the fun of talking to people about warez ... then you should setup warez sites to distribute free copies of: - Linux - GnuPG - the Gimp - DarwinOS etc. All the fun of running a warez site with none of that pesky risk of prison! Just think of it!

      --
      Avoid Missing Ball for High Score
    5. Re:Here's what's unfair by Tantrum420 · · Score: 1
      I think we're in violent agreement.

      I think we are, too.

      Cheers!
      T

    6. Re:Here's what's unfair by Wraithlyn · · Score: 2

      He never said it was a prerequisite... he just says the networks in questions do, in fact, "utilize the internet as a means to illegally distribute copyrighted works."

      He's right. That's generally what they're being used for right now. Look around. End of story.

      --
      "Mind, as manifested by the capacity to make choices, is to some extent present in every electron." -Freeman Dyson
    7. Re:Here's what's unfair by Chester+K · · Score: 2
      It is NOT a prerequisite of a P2P network to exchange illegally copyrighted works. I can have a P2P network that exchanges legal copies of files. I cannot have a warez network that distributed legal copies of files, unless you redefine what we know warez to mean.

      It is also NOT a prerequisite of a lawnmower to actually cut grass, but that doesn't make it any less of a tool designed for, especially well suited for, and pretty much exclusively used for cutting grass. Despite any post facto attempts to justify the utility of P2P as one that's legal, two glaring facts remain:

      • Napster, which really kicked off the P2P bandwagon, was written by Shawn Fanning to make it easier to trade (illegal) MP3s among his friends. The other players in the P2P arena that came later were trying to ride on the success of Napster, whose popularity was due to the fact that it was amazingly efficient at doing what its creator had intended it to do. None of these P2P networks were designed for the purpose of sharing legal files, and you're not convincing anyone with silly handwaving by simply saying the opposite because of the other fact:
      • No one can seem to name one piece of software whose authors say "just download a copy off Kazaa". Legal downloads have their own more reliable distribution venues. There has, as of yet, been no demonstration of significant non-infringing uses of the major P2P networks (meaning both a use that was not invented solely to provide a counterexample to the statement that P2P networks are primarily for sharing illegal material, and that there are not already sufficient and easier other methods of doing such file distribution).
      --

      NO CARRIER
  15. Dude, I steal because I like it... by Anonymous Coward · · Score: 0

    I steal software, music, movies, and games becuase I like stealing. It doesn't cost me much, it's easy and relatively safe via the internet (unless you're at the head of a large pirating group), and I'm poor. Why do inner city residents rob liquor stores? Because they're poor. Why do I steal 1s and 0s? Because I'm poor and can't afford to pay for them.

    Stealing is merely the cheapest way to get what one wants, and I'm cheap.

    1. Re:Dude, I steal because I like it... by GalionTheElf · · Score: 0

      If you're _that_ poor, how can you afford a decent, relatively modern pc to use all this software you're getting down your broadband connection?

      --
      I'm going over here and I don't know why!
    2. Re:Dude, I steal because I like it... by Anonymous Coward · · Score: 0

      but you will survive without those 1's and 0's. The people you mention are likely to die without food/drink.

  16. Pirating Software is Wrong... by SuperDuG · · Score: 2, Flamebait
    Well boy that was a fun disclaimer. So let me get this straight. He's going to prison, where he gets to use a computer? HUH? Anyone else sensing the irony here? The main tool of his convicted crime and he has one to use at his leisure? What's next firing ranges?

    Aside from that, warez is basically the underground of the net we know is there, but deny it's existance in the media. The underworld in the media's eyes are genuis hackers who mastermind complex systems and takeover websites. You rarely ever hear of the massive amount of child pornography, illegal software, or other things that make sleeping a little harder.

    These people should use their talents for a greater good.

    --
    Ignore the "p2p is theft" trolls, they're just uninformed
    1. Re:Pirating Software is Wrong... by NightEyez · · Score: 0

      ...like spreadin' da gospel.. Halleluyah!!!

    2. Re:Pirating Software is Wrong... by Twister002 · · Score: 2

      It's interesting that he is allowed to use a computer while Kevin Mitnick is just now allowed to use one?

      --
      "For a successful technology, honesty must take precedence over public relations for nature cannot be fooled." -Feynman
    3. Re:Pirating Software is Wrong... by Anonymous Coward · · Score: 0

      First, Mitnick broke into systems to steal information and cause trouble. Also, the case of Mitnick happened when computers were less understood by law enforcement. By now, they understand that if they give someone a computer with no network, he can't do anything to anyone else.

    4. Re:Pirating Software is Wrong... by RatBastard · · Score: 2

      Why not use a computer? Doesn't mean he actually has a live net connection. His crime is distributing massive amounts of stiolen software, not using his workstation as a tool to break into anything.

      And there is a huge amount of press about child porn on the net. It's not covered by /. and other tech nes pages, but the mainstream press is talking about it. And there have been several huge stings resulting in a sizable number of convictions in recent months.

      --
      Boobies never hurt anyone. - Sherry Glaser.
    5. Re:Pirating Software is Wrong... by forkboy · · Score: 2

      ou rarely ever hear of the massive amount of child pornography, illegal software, or other things that make sleeping a little harder.

      I can see maybe kiddie porn causing you some distress, you may have kids and all, but why on Earth would software pirates make you lose sleep?

      As far as Chris getting to use a computer on the inside, computers and monitored access of the internet are part of the prison system that your tax dollars are paying for for ALL prisoners. Why take it away from the one guy in there who pirated some software? Being in prison is punishment enough, don't you think? Besides, they're probably making him use Windows.

      --
      This message brought to you by the Council of People Who Are Sick of Seeing More People.
    6. Re:Pirating Software is Wrong... by Robin+Hood · · Score: 4, Funny
      Besides, they're probably making him use Windows.

      Wouldn't that be cruel and unusual punishment?

      --
      The real meaning of the GNU GPL:
      "The Source will be with you... Always."
    7. Re:Pirating Software is Wrong... by Cryptnotic · · Score: 2

      You rarely ever hear of the massive amount of child pornography, illegal software, or other things that make sleeping a little harder.

      Who loses sleep over illegal software? Even software companies don't really care. For aftermarktet software you can't get tech support or updates without a valid customer ID number, so no resources of the company are wasted. You basically can't buy a pre-built computer without Windows these days ($200 WalMart computers excepted). And every pre-built business computer comes with some version of Office. Almost every home computer comes with Works (which includes a full version of Word).

      Even games have tackled the piracy problem with unique CDkey's required for online play. Console games have had hardware protection mechanisms built-in for a long time.

      Of course, if you're the kind of person who doesn't need tech support or updates, then you're also the kind of person who uses Linux and free software whenever possible.

      --
      My other first post is car post.
    8. Re:Pirating Software is Wrong... by Anonymous Coward · · Score: 0
      They have weight benches available for abusers and people convicted of assault.

      nuff said

    9. Re:Pirating Software is Wrong... by jonadab · · Score: 1

      > It's interesting that he is allowed to use a computer while
      > Kevin Mitnick is just now allowed to use one?

      The thing Mitnick shouldn't be allowed to use is not a computer
      but rather a telephone. That's how he worked his worst mischief,
      social engineering.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    10. Re:Pirating Software is Wrong... by RealAlaskan · · Score: 1
      The main tool of his convicted crime and he has one to use at his leisure?

      Well, rapists get to keep their tools ... it's only fair (in some sense of the word).

  17. seems like by ez76 · · Score: 1

    he's building evidence of his being a reformed pirate ... perhaps for some future early release hearing

  18. Computers in Prison by ksuMacGyver · · Score: 0

    If you are reading the comments, I had one more question. Are they going to let you use computers during your stay in prison? P.S. I am also interested in your "Free Software Mirroring" you can contact me at sjh4069ksu.edu

    --

    Ad Majorem Dei Gloriam

    Interested in AI? MACR
  19. Ignore his "Piracy BAD!" spiel by abe+ferlman · · Score: 3, Interesting

    He has an obvious conflict of interest, namely that he will want to appear sincerely repentant when it comes time for parole hearings and what not. I think it's safe to assume that he doesn't really feel that way, and the only reason he's saying it is because he's being caged like a laboratory animal for sharing information.

    --
    microsoftword.mp3 - it doesn't care that they're not words...
  20. what is false remorse? by wwest4 · · Score: 1
    so do you want him to continue believing it's ok to steal?


    take a basic course in social psychology, and you may learn that the first step towards changing an attitude can be to act the role.


    it's in his best interest for many reasons (not just impressing parole officers) to change his internalized belief. whatever motivates him to start down this path is fine with me. best of luck to him.

  21. The saddest thing by Cryogenes · · Score: 4, Interesting
    The saddest thing in my mind is that Chris apparently feels that he deserves his punishment.

    He did not act from a desire of profit, or even of fame. He did not do anything with an intent to hurt someone. His entire warez career was based on the desire to be with his friends and help them out. In a sense he lived the life that the Gnu Manifesto envisages as the ideal state of affairs: a life in which everybody may modify and copy software for all of their friends.

    Do you believe in death after life?

    1. Re:The saddest thing by wwest4 · · Score: 5, Insightful

      He did not act from a desire of profit, or even of fame. He did not do anything with an intent to hurt someone

      It is indeed sad, and I personally think the punishment may be a little harsh, but if we measured the seriousness of a crime based on intent, we'd be in trouble.

      "I didn't mean to crash while driving drunk"
      "I didn't mean to hit that little girl while I was randomly firing bullets into the woods"
      "I didn't mean to psychologically ruin that 12-year-old for life when I seduced him"

      A lot of laws are meant to punish people for not thinking about the consequences of their actions. Unfortunately, since there is sometimes no way to ascertain intent, we legislate against lack of foresight. These are usually lesser crimes/penalties. 3 years seems long, still... hopefully he'll get out sooner.

    2. Re:The saddest thing by Anonymous Coward · · Score: 0

      Motive plays no/little role in the courts. It doesn't matter why he acted so much as that he did act. If I speed because my wife is ill, because getting there 5 seconds sooner might make a difference, does not exempt me from the possible ticket for breaking the law.

    3. Re:The saddest thing by TRACK-YOUR-POSITION · · Score: 2

      I didn't mean to realize that copying software had little to no effect on anyone's bottom line.

    4. Re:The saddest thing by IamTheRealMike · · Score: 2
      In a sense he lived the life that the Gnu Manifesto envisages as the ideal state of affairs: a life in which everybody may modify and copy software for all of their friends.

      And therein lies the problem with the GNU manifesto. It's a fundamental economic impossibility (at the moment), because we all exist within capitalism which forces us to restrict our creations in order to get back capital from it.

      All software being free in both senses is just that - utopia. Maybe we can get there one day, but not in our lifetimes that's for sure. Until then, you either play by the rules that govern our society, or you don't, regardless of what your personal opinion of them is.

    5. Re:The saddest thing by AntiNorm · · Score: 2

      If I speed because my wife is ill, because getting there 5 seconds sooner might make a difference, does not exempt me from the possible ticket for breaking the law.

      #include <ianal.h>

      Actually, in this case, you pretty much are exempt from getting the ticket. If you are speeding to the hospital because of a life or death situation and a police officer pulls you over, you can (in some states anyway) tell him that because a life or death situation exists, he MUST escort you to the hospital IMMEDIATELY. Ignoring a life or death situation constitutes dereliction of duty for a police officer. Not to mention that, if something happens, he can be held personally liable if evidence suggests that the time wasted giving you the ticket could have made a difference.

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    6. Re:The saddest thing by Anonymous Coward · · Score: 0
      I find it hard to believe that his warez work being done at MIT was a coincidence. Stallman's position is exactly what you describe. RMS does the OpenSource and Free Software groups a disservice when he opens his mouth instead of doing what he does best, write code.

      Chris said it best, if you don't like the license, then don't use the software. If more people lived by this principle, evil companies like Micro$oft would become completely assailable because Free Software holds the wooden stake.

    7. Re:The saddest thing by repetty · · Score: 1

      The saddest thing in my mind is that Chris apparently feels that he deserves his punishment.

      Maybe you could learn something from this guy. I know he's thought about this whole thing a lot more than you have.

    8. Re:The saddest thing by Anonymous Coward · · Score: 0

      We don't measure a crime based solely on intent, or solely on (measurable) effect or how illegal it is (social pressure). All three of these factors weigh into a sentence. Therefore in your examples, while there was no intent, the effect is obviously great in all cases, and the "illegality" is also great.

    9. Re:The saddest thing by afidel · · Score: 3, Informative

      We DO measure crimes based on intent. What is the difference between 3rd degree homicide and 1st degree murder. Hint: It's intent. Your second example for instance would be negligent homicide not murder because the idiot did not intend to kill anyone let alone that specific girl.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    10. Re:The saddest thing by DDX_2002 · · Score: 1

      Don't confuse motive and intent. There are *very* few crimes that don't require some intent. Did you INTEND to pull the trigger on that gun while it was pointed at the decedent? Yes. Your MOTIVE may have been self-defense, which you can raise as an affirmative defence - affirmative because you can't really dispute you intended to do what you did, just that you had an excuse based on your motives.

      --
      MHO. YMMV. Any resemblance between this post and real persons, or reality in general, was accidental.
    11. Re:The saddest thing by Billly+Gates · · Score: 2
      "He did not do anything with an intent to hurt someone. His entire warez career was based on the desire to be with his friends and help them out"



      Bullshit. If I steal a candy bar from a store. I go to jail for the same time if not longer then this guy!

      This guy probably stole hundreds of thousands of dollars from the big software makers and also stole thousands of dollars of bandwith from his employer. I know not everyone who pirates plans to buy the software but I am sure alot of asian bussinesses as well as individuals did. WindowsXP is the most cracked piece of warez on the net and yet almost anyone who pirates it, can afford it. I am sorry but to make things fair for blue collar workers who steal maybe less then a hundred because their employers pay rock bottum vs the white colar criminal who steals tens of thousands, we need justice. This guy need to go through the whole 33 months. Its really not that long guys and it sets an example.

      He did hurt many companies and needs to pay for his time. After all, I pay for my software and its not fair that someone else gets to have it while I don't for being honest. He is not above the other guys who steal candy bars.

    12. Re:The saddest thing by medscaper · · Score: 1
      "I didn't mean to crash while driving drunk"
      "I didn't mean to hit that little girl while I was randomly firing bullets into the woods"
      "I didn't mean to psychologically ruin that 12-year-old for life when I seduced him"

      Holy cow. And I thought _I_ had a rough life and some tough breaks.

      --
      Any sufficiently well-organized Government is indistinguishable from bullshit.
  22. Open Office Props.... by Tsali · · Score: 1

    haiku

    Here's something for the
    Open Office marketeers -
    Chris Tesco likes us!

    /haiku

    --
    This space for rent.
  23. Minimum security by Anonymous Coward · · Score: 0

    Conjugal visits? Not that I know of. No, minimum security prison is no picnic. I have a client in there right now. He says the trick is, kick someone's ass the first day, or become someone's bitch. Then everything will be alright.

    1. Re:Minimum security by Anonymous Coward · · Score: 0

      We're not going to some white collar resort prison. No, no, no! We're going to federal POUND ME IN THE ASS prison!

    2. Re:Minimum security by Anonymous Coward · · Score: 0

      I don't want to go to ANY prison!

  24. Re:Thanks, Chris! - PSSHHHT... by Anonymous Coward · · Score: 0

    Morality is so very overrated. Go get laid and lose the holier than thou bullshit.

  25. Warez is NOT theft! by Robber+Baron · · Score: 4, Informative

    It is illegal copying and/or use. Theft implies that the owner was deprived of his property. Oh and please don't trot out the old saw that warez use "steals" revenue from software manufacturers! That would only be true if the warez user would have otherwise purchased a licenced copy had a warez version not been available. It is wrong for anyone to make assumptions about the purchasing habits of individuals...a tactic often used by the aggrieved parties to inflate their "losses". In order for say...installing a "warez" MS Office to be theft, the install would have to be accompanied by backing a large truck up to a loading bay in Redmond and...

    That being said, I'm starting to introduce some of my clients to the concept of GPL software and they're liking the concept of not having to pay the "Microsoft tax". The hardest part is getting past "What's the catch?" when I tell them that an Open Office license has no cost attached to it.

    --

    You're using her as bait, Master!

    1. Re:Warez is NOT theft! by Anonymous Coward · · Score: 0

      I hope the fedz arrest your ass next so you'll finally see that it IS stealing. Dumb ass....

    2. Re:Warez is NOT theft! by isorox · · Score: 2

      The hardest part is getting past "What's the catch?" when I tell them that an Open Office license has no cost attached to it.

      you can still resell it, as long as you include the code. Just tell them it costs 1 pint of beer for unlimited copies :)

    3. Re:Warez is NOT theft! by Anonymous Coward · · Score: 0

      The "Fedz" may call this "stealing" because the criminal penalty is the same, but there is a difference. If two crimes carry the same sentences, say, forgery and purgery, that doesn't make them the same. Law is often a reflection of the mores of its society, but it must also be exercised with an objective amoral pattern of truth, facts, and science.

    4. Re:Warez is NOT theft! by Anonymous Coward · · Score: 0
      The hardest part is getting past "What's the catch?" when I tell them that an Open Office license has no cost attached to it.

      That's easy. Just tell them it really sucks.

      (Yes, I'm trolling.)

  26. Ugh by kafka93 · · Score: 5, Insightful

    Everyone, Chris included, has the right to their own opinions. But, to me, this seems a hideous sell-out. One can only wonder whether there was some clause in the guy's plea bargain or whathaveyou that forces him to keep saying "piracy is bad", "stealing is wrong", without any mitigation.

    Quite aside from the arguments as to whether piracy *really* costs anyone all that much, and about whether the industry grossly inflates the figures of the costs of piracy (hint: they do) - the punishment is ridiculously out of proportions with the crime. There are people who torture animals or beat their wives getting smaller sentences.

    The fact is that most people dealing in warez aren't making any money from it. They're often not stealing things which they would otherwise buy. They're not causing anyone any physical pain. They're not taking money directly from anyone's wallet. And yet these people - often, young kids who spend most of their time just chatting with one another - are faced with the risk of *years* in prison. This is ridiculous. Irrespective of whether you think piracy is "wrong", I find it incredibly difficult to believe that anyone genuinely thinks that someone should be *sent to jail* for this kind of thing - least of all when, for example, people who drive drunk often aren't sent to jail. It is *wrong* that crimes that ostensibly affect big business carry a greater punishment than do many crimes against humanity. It is *wrong* that people should be locked up for several years for this kind of thing: who amongst us doesn't have the odd mp3 lying around, the odd tape copied from a friend, the odd copy of Office made on numerous computers?

    The fact that everyone's doing it doesn't mean that it's not 'wrong', of course. But can anyone really endorse having _two years_ of someone's life being taken from them for the sake of something which almost everyone is doing?

    This makes me sick.

    1. Re:Ugh by glhturbo · · Score: 1

      The fact is that most people dealing in warez aren't making any money from it.

      So what?!?! It's not a prerequisite to make money from something for it to be illegal.

      They're often not stealing things which they would otherwise buy. They're not causing anyone any physical pain. They're not taking money directly from anyone's wallet.

      Uhhhh.... Rationalization anyone??? IT'S STILL AGAINST THE LAW!

      And yet these people - often, young kids who spend most of their time just chatting with one another

      *and stealing software*

      - are faced with the risk of *years* in prison. This is ridiculous.

      Break the law, pay the price....

      Irrespective of whether you think piracy is "wrong", I find it incredibly difficult to believe that anyone genuinely thinks that someone should be *sent to jail* for this kind of thing

      I do! Break the law, pay the price... Don't like the law? Work to change it...

      - least of all when, for example, people who drive drunk often aren't sent to jail.

      So work for greater enforcement of drunk driving laws...

      It is *wrong* that crimes that ostensibly affect big business carry a greater punishment than do many crimes against humanity. It is *wrong* that people should be locked up for several years for this kind of thing

      One of us is getting repetitive .. Break the law, pay the price...

      who amongst us doesn't have the odd mp3 lying around, the odd tape copied from a friend, the odd copy of Office made on numerous computers?

      Me....

    2. Re:Ugh by kafka93 · · Score: 3, Insightful

      It's a mistake to think that legality == morality. Slavery was legal. If a law is injust, then the law should be changed. Unless individuals complain about and act in the face of injustice, then that injustice will prevail.

      As you say, "don't like the law? Work to change it." By discussing such things, and by decrying what I see as a bad law - or at least, a bad sentencing, I am doing my small part to change the law.

      Whereas, I'm afraid, the repeated parroting of "break the law, pay the price" seems reactionary and unintelligent.

    3. Re:Ugh by PhilipMatarese · · Score: 1

      The fact that everyone's doing it doesn't mean that it's not 'wrong', of course. But can anyone really endorse having _two years_ of someone's life being taken from them for the sake of something which almost everyone is doing?

      That's true. *Everybody* speeds on the interstate, but we wouldn't expect to go to jail for it.
      Everyone who is speeding on the highway is aware (or should be aware) of the risk that they are taking.
      I think the biggest problem is that the sentence seems too strict for the crime. Maybe this is because businesses project a greater than actual financial loss due to piracy. And then the courts are led to believe that the crime is greater.

      Aside from this, I believe that Chris does not fit in the category of 'everyone does this'. I think he would be more like somebody who manufactures a radar detecter -- he facilitates others getting away with the crime. He might not actually commit the crime himself (use pirated software instead of purchasing, thereby costing X company money), but he helps others commit the crime. I guess radar detector manufacturers must have some kind of argument to maintain that they are legal, but obviously they have only one purpose.

      Aside from the aside, I also think his lawyer wrote this.

    4. Re:Ugh by glhturbo · · Score: 1

      The point is, if you don't like the law, that still doesn't entitle you to break it, and get away scot free. You need to do your part, as part of the system, to change the laws. If you break the law because you don't like it, don't complain about getting caught.

    5. Re:Ugh by Lothar+0 · · Score: 2

      The point is, if you don't like the law, that still doesn't entitle you to break it, and get away scot free.

      Yep, Harriet Tubman should've been hanged from the gallows for running the Underground Railroad, as was the customary punishment. And if she complained, TOUGH! She knew what she was doing was illegal.

      Now don't get me wrong - helping fugitive slaves and freely distributing software are two different things with two different inherent contexts. But your argument doesn't even have a contextual basis - it's a mindless repitition of state dogma.

      The state and the corporations who back it aren't right or wrong. They just have more guns and propaganda than you do. ;-)

      --
      "Anonymous Coward" is for whistleblowers, not unpopular opinions.
    6. Re:Ugh by Urox · · Score: 1

      People who owned the slaves weren't massive corporations with BILLIONS of dollars in money to write off for lawyers.

      If you think that a law like this can be changed through anything other than civil disobediance, then obviously you don't see the capitalism of the US government.

      By decrying that what you see is a bad law, you are voicing your opinion, but a voice isn't going to change this compared to campain contribution funds. If discussion changed things, millions of things should already be changed just through the slashdot crowd, but maybe that's already preaching to the choir.

      Obviously we could not have expected an honest answer, especially with who runs slashdot and how they didn't even post about the RIAA website being hacked. Do *you* trust your identity to be safe? The best thing would be a post from an AC stating that if he was the interviewee, then this is what his answer would have been:...

      --
      "Would you rather have a playstation addicted dork wearing a star wars t-shirt?"
    7. Re:Ugh by kafka93 · · Score: 2

      Indeed. Furthermore, unless a penal system is to be purely draconian, there needs to be some kind of sense that the punishment fits the crime, which was the core of my original argument. I can well imagine that, were the fines for speeding on the interstates (to use another poster's example) ran to tens of thousands, or if people were jailed for life for running a red light, there would be outcry. And yet, for shifting a few bits around, someone is *going to jail* and very few people complain. So, it becomes evident that the state is not serving the public interests, but rather the interests of big business. And that doesn't seem like a good thing, to me. Nothing new, perhaps, but nonetheless not a good thing.

    8. Re:Ugh by glhturbo · · Score: 1

      If you are trying to compare Harriet Tubman to Mr. Tresco, I'm laughing my ass off! On a morality basis, Mr. Tresco isn't even a gnat on an elephant's ass. He is a common crook, plain and simple. I would argue that slavery is immoral, and that those who fight against immorality have a "higher cause", but to even put Mr. Tresco into this category is laughable.

    9. Re:Ugh by glhturbo · · Score: 1

      But I'll bet if speeding fines were that high, nobody would speed! :-) The thing is, those "Shifting bits around" also happen to be ILLEGAL!! If he were making copies of files he created, and was sent to jail for that, I could see the problem .... "Shifting bits around" may not require a lot of physical effort, nor any great intelligence, but in his case, the shifting was ILLEGAL.

    10. Re:Ugh by meis31337 · · Score: 1

      I have no agreement which limits my right of free speech. That being said, I was in no way *forced* to say any of the things I said. It is truly how I feel. Calling me a sell out for seeing and taking the high road is not warranted... I didn't sell out to anyone.

    11. Re:Ugh by Anonymous Coward · · Score: 0

      You are the fool here, arguing immorality. If there is one thing that life should have taught you are that morals are something that are intimately personal to an individual, not something that's legislated by _anyone_. There are people who think that abortion is immoral, and blow up abortion clinics, killing people. Learn about personal freedom, and quit waving around the (im)morality argument when its just your personal opinion, especially if you aren't going to even bother to justify it with even some explanation.

    12. Re:Ugh by Anonymous Coward · · Score: 0

      It sounds like bullshit to me to.

    13. Re:Ugh by kafka93 · · Score: 2

      If the Powers That Be were to pass a law making use of the word "the" illegal, would that justify their imprisoning you for contravening that law? If everyone were to continue using the word, and if every now and then someone were locked up for doing so, would their imprisonment be ethically justifiable?

      I'm using an absurdist example, of course. But then, I consider imprisonment for this 'crime' to be similarly absurd. I don't think that piracy should be "legal", but I *do* think that the punishment needs to fit the crime. What part of this eludes you?

    14. Re:Ugh by meis31337 · · Score: 1

      My lawyer had no part it writing this...

    15. Re:Ugh by glhturbo · · Score: 1

      If the Powers That Be were to pass a law making use of the word "the" illegal, would that justify their imprisoning you for contravening that law?

      Yup ... I'd better stop using that word, or go to jail. Of course, I wouldn't like t*e law, and would want to change t*e law, but there are many more ways to do it without breaking t*e law. What part of that eludes you? Your original post seemed to be whining that, although he broke t*e law, it's OK because he didn't really harm anyone, and it's a stupid law. Well, in my book, that is no excuse...

      If everyone were to continue using the word, and if every now and then someone were locked up for doing so, would their imprisonment be ethically justifiable?

      Yes ... Not everyone gets caught for speeding, but those that do have to pay the price. No, I have never "fought" a speeding ticket, although I have gotten a few. Call me a sheep, but I did break the law....

      But then, I consider imprisonment for this 'crime' to be similarly absurd.

      That's where we'll have to agree to disagree. I believe he got exactly what he deserved...

    16. Re:Ugh by bombom · · Score: 1

      How many highschool/college kids do you know of that have been busted for using warez?

      None of these companies claim that the kids at home are costing them lost sales on the thousand dollar packages. It's piracy in countries where there are no or weak copyright law.

      A lot of the Asian countries are called "One sale" countries. Know why? Sell one seat of your program there and the whole country will get a pirated copy.

      I have walked on the streets of Bombay/Singapore/Hong Kong where you can buy CDs of absolutely any title under the sun for less than a dollar.

      The people who actually cost the big software companies money are businesses that use pirated software and that is exactly what they are trying to stop... the distribution of the software.

      Pirating one copy which you would have never bought is not so bad (according to the big companies) but distributing 100 copies of Windows / Paintshop a day to anyone who might actually use it commercially is wrong!

      They don't go after joe warez kid at home, they go after Chris "I provide over 1 TB of pirated software a day".

      What is so wrong with that????

      --
      IOException - Can't Speak
    17. Re:Ugh by Anonymous Coward · · Score: 0

      Laws are supposed to reinforce morality, not define it. If you just goose-step follow laws that are not reasonable, you're not a person, you're just a robot living in a little world where you can only do what people tell you you can do. Laws are necessary to prevent your freedoms, but there is a clear point where they stop protecting the public and start protecting the powerful minority.

    18. Re:Ugh by west · · Score: 2

      I find it incredibly difficult to believe that anyone genuinely thinks that someone should be *sent to jail* for this kind of thing

      I don't know. Just ask the small software developer who sees a web page boasting about how "I stole this software and now you can download it for free" after receiving a phone call saying "Sorry, there are no orders this year as all the would-be purchasers downloaded it for free".

      Now, whether I could carry out the sentence, I don't know. But boy, it's a bit of a salve to imagine it...

    19. Re:Ugh by Anonymous Coward · · Score: 0

      You are truly an idiot and a criminal. A criminal idiot is what you are. FUCK what's legal and illegal. If you copy a file, you *do* create the copies. In my opnion, if you buy a file and then copy it, you should be considered owner of the copies and be able to do with them what you want.

    20. Re:Ugh by blink3478 · · Score: 1


      The punishment is out of proportion to the crime. My first guess is this was intentional, possibly to make other warez organizations toss in the towel.

      Maybe the feds can't shut them down individually, so they're going for intimidation.

    21. Re:Ugh by Renraku · · Score: 2

      I am not going to make excuses here. People pirate things because they want them, and software companies charge ridiculous amounts for the said software. $500 for Photoshop? It is a powerful tool, yes, but I don't feel that it is worth a week's pay for some people. Yes, you can get sent to prison for years, but usually only if it gets out of hand or you're a business of some kind. Point is, courts need to treat software as what it really it. If you steal a CD, you've stolen a CD with music on it. You didn't steal the medium and then steal the content. The content kind of has to follow the CD around. No MP3 or piece of software is worth three years in prison. It all comes down to who has the most money. The common people can't really speak loud enough. The corporations have private audience with our government, and all we can do is cast a shitty vote.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    22. Re:Ugh by glhturbo · · Score: 1

      So it's not OK to steal from my poor neighbor, but it's more than right to steal from my rich neighbor?? I don't buy that...

      Where I come from, stealing form anybody is wrong, no matter how rich they are. To me, warez is stealing, therefore it is wrong, and I have no problem with people doing time if they get caught ...

      I'm not "goose stepping" ... This law fits nicely within my morals, thank you....

    23. Re:Ugh by glhturbo · · Score: 1

      So if you buy a book, and make copies of the book, then that's fine and dandy to distribute them too??

    24. Re:Ugh by kafka93 · · Score: 1

      They're the same person, though. Moving 1tb of stuff around in a day really isn't all that difficult. A lot of the people who're supposedly these evil suppliers are just people whose parents happened to bring home a piece of software from their place of work. A lot of the evil crackers are teenagers who have more skill and inquisitiveness than better things to do. A lot of the release groups are run by young kids - certainly, there're older people there, but a lot of it is just teenagers doing their thing before they go out into the real world and get real jobs. And the people running these huge sites are very often simply joe schmoe who happens to work for the IT department and who wants a few games for free - sure, he's putting up a server for people, but it certainly isn't done in the spirit of evil, mafioso gangsters which is so often portrayed.

      Virtually every group pirating software makes the claim that they want the user to *pay* for the software that they use and enjoy - and particularly people who can afford it. I think those people are misguided, but I also think that they're sincere.

      I understand the intentions of the companies pushing for punishments. But I also believe that joe warez kid at home *is* the one who often winds up in trouble, and I *also* believe that it's deeply hypocritical of people who use pirated software or music on a daily basis - or who commit other similarly petty crimes - to think that a *long prison sentence* is appropriate punishment.

    25. Re:Ugh by DaytonCIM · · Score: 2

      One can only wonder whether there was some clause in the guy's plea bargain or whathaveyou that forces him to keep saying "piracy is bad", "stealing is wrong", without any mitigation.
      Why is he a "sell-out" for taking responsibility for his actions? He freely admits that what he was doing, other than chatting with his friends, was illegal.

      He states very clearly:
      You shouldn't feel sorry for me. I committed crimes that I shouldn't have committed. I stole from innocent companies and now I am feeling the repercussions. I am not asking for pity nor am I looking to be put up on a pedestal for what I have done. I am simply here to tell people what happened and that it can happen to anyone who takes part in this type of thing.
      In other words, if you can't do the time, don't do the crime. And right now, software piracy is illegal. If you don't like it, then change the law. Go to school and get a law degree. Or simply vote.

      Quite aside from the arguments as to whether piracy *really* costs anyone all that much, and about whether the industry grossly inflates the figures of the costs of piracy (hint: they do)
      What makes you think for a moment that software piracy doesn't cost a company $$$? How do you come to the figures that a company can research and develop a software release, then create a marketing campaign, and then release it with some support, only to have 300 to 400 copies pirated. Or in the case of PhotoShop: tens of thousands of copies.

      Piracy costs $$$. Don't kid yourself or me.

      the punishment is ridiculously out of proportions with the crime. There are people who torture animals or beat their wives getting smaller sentences.
      You're right. Go ask Kevin Mitnick how he feels about the justice system in this country. Again, if you have a problem, vote or get involved. The laws in this country are not going to change if we pirate more software. The laws will only change if we get involved and change them ourselves!

      The fact is that most people dealing in warez aren't making any money from it. They're often not stealing things, which they would otherwise buy. They're not causing anyone any physical pain. They're not taking money directly from anyone's wallet.
      If Adobe fails to meet their sales figures because people are simply downloading pirated copies of PhotoShop, then you take money out of my pocket in the form of salary, benefits, or stock.

      If I come to your house and take your car, I'm not really hurting you, because you can still theoretically walk to work.

      But can anyone really endorse having _two years_ of someone's life being taken from them for the sake of something which almost everyone is doing?
      Just because "everyone is doing" doesn't justify it. I can hear it even now: "if everyone was jumping off a cliff would you?"

      Wrong is wrong. Illegal is illegal. If you believe a law to be unjust, then stand up and change it.

    26. Re:Ugh by Anonymous Coward · · Score: 0

      You've got to do what you've got to do. If I were in your shoes, I'd be saying the same thing. I'd like to think that I wouldn't believe it for a minute, though.

    27. Re:Ugh by sedmonds · · Score: 1

      Might be a little shortsighted, but I'd rather go to the joint than have to work for the rest of my life with no chance of ever paying off my debts. Somehow I doubt that Chris would be able to pay the fines, in a dozen lifetimes even, for his violations, at (correct me if I'm wrong) $10,000 per violation. Giving up 3 years doesn't seem as bad as giving up an entire lifetime of work.

    28. Re:Ugh by bmajik · · Score: 2

      why is torturing animals bad ?

      why is it reasonable to make a law that says

      "if you buy an animal from a store, you are not allowed to modify it"

      but then if someone else makes a law saying

      "if you buy a dvd player from the store you are not allowed to modify it" .. then people get all pissed off about it ?
      THe usual argument here is "its mine, i can do whatever i want with it"

      why does that not apply to animals ?

      (note that i dont advocate torturing animals, beating wives, or stealing software)

      on the other hand, if i got pissed off and kicked my dog, it seems ridiculous that i'd probably get a stiffer sentence than if i date-raped a girl (especially if i was in the same frat as the prosecuting lawyer was when he was a kid)

      fwiw, i agree with you. going to jail over this seems silly when people that commit violent crimes are getting let out of jail to make room. but there should be _some_ penalty. one that makes it sufficiently unattractive that people stop doing it so flagrantly.

      --
      My opinions are my own, and do not necessarily represent those of my employer.
    29. Re:Ugh by Reziac · · Score: 2

      In fact, making money on warez (or worse, defrauding people with a promise of selling them warez) is severely frowned upon. The warez community has been known to hound such types out of business (in one really bad case, even sicced the FBI on the guy).

      As you point out, it's not fair to make an example of one person when most of the world is doing the same thing. It is especially unfair to hand down a sentence comparable to what's handed out for violent crimes.

      But that's how the deterrent theory of law enforcement works -- everybody speeds, but only one guy gets a ticket. The alternative would be something like meters on our cars that automagically subtracted money from our bank accounts every time we went over the speed limit. (So saving your ass from a reckless driver by briefly speeding to get out of his way could cost you a week's paycheck.)

      As someone once put it, "Justice is not within the purview of the law."

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    30. Re:Ugh by Anonymous Coward · · Score: 0

      So, your chances of getting out early (for being properly readjusted to the social structure) isn't at all served by your continued stance of acknowledgement?

      I mean, that's how it reads to me... "This is the stuff I'm supposed to say to make people believe I've learnt my lesson. Please send me to jail for three months instead of thirty three".

      I find it hard to believe you would copy terabytes of software without once thinking to yourself "Hey, this is AGAINST the LAW!".

  27. Morality Propaganda by Srin+Tuar · · Score: 5, Insightful


    Though what he did was illegal, I just dont feel it to be immoral. Sharing information or music or ideas just doesnt raise the sin-o-meter at all.


    The fact is that something which is not naturally immoral (sharing) can be made to give people pangs of guilt through conditioning. The "IP" establishment thinks that if they continue to pound into peoples heads that "Copying is stealing" and "Sharing is evil", then people will actually start to believe it. (In fact it does work to a limited extent) What will actually happen is that the harder they push the party line, the more people will see through it, and the harder they enforce the rules, the more people will protest them (or realize they exist at all).


    At some point in the future, the whole copyright cartel is going to falter. Its not human nature to hoarde information, opinions, or ideas. It is in our nature to share ideas that we have discovered, and hopefully our economies will have enough time to get out of the way and figure out new business models before its too late.

    1. Re:Morality Propaganda by sasami · · Score: 1

      Though what he did was illegal, I just dont feel it to be immoral. Sharing information or music or ideas just doesnt raise the sin-o-meter at all.

      The fact is that something which is not naturally immoral (sharing) can be made to give people pangs of guilt through conditioning. The "IP" establishment thinks that if they continue to pound into peoples heads that "Copying is stealing" and "Sharing is evil", then people will actually start to believe it. (In fact it does work to a limited extent) What will actually happen is that the harder they push the party line, the more people will see through it, and the harder they enforce the rules, the more people will protest them (or realize they exist at all).


      Though what he did was legal, I just don't feel it to be moral. Stealing information or music or ideas just doesn't lower the sin-o-meter at all.

      The fact is that something which is not naturally moral (stealing) can be made to give people pangs of self-righteousness through conditioning. The "warez" establishment thinks that if they continue to pound into people's heads that "Copying is sharing" and "Sharing is good," then people will actually start to believe it. (In fact it does work to a limited extent.) What will actually happen is that the harder they push the party line, the more people will see through it, and the harder they flaunt the rules, the more people will protest them (or realize they exist at all).

      .
      .
      .

      Ahem. I've no love for the despicable copyright barons, but I've no love for mindless circular arguments either. If you copy my software, you've devalued what I do for 60 hours a week.

      ---
      Dum de dum.

      --
      Freedom is not the license to do what we like, it is the power to do what we ought.
    2. Re:Morality Propaganda by Srin+Tuar · · Score: 3, Insightful


      Ahem. I've no love for the despicable copyright barons, but I've no love for mindless circular arguments either. If you copy my software, you've devalued what I do for 60 hours a week.


      What you do is work speculatively, expecting that people will pay for copies of what you do. If nobody wanted your software at all, then you couldnt complain, obviously, that by not buying your software they are devaluing what you do for 60hrs a week.


      Similarly, if only a few people bought your software, but they were very effective in sharing it without making additional copies (perhaps by loaning the CD around, or whatever) you have simply miscalculated the market in your speculation, like a farmer who tills the desert, you cannot complain that noone will pay for your nonexistant crops.


      If copy restriction goes out of favor, as it should, then you will have to find a new way to earn money (just as will I). Perhaps working on a contract basis, where you get paid up front, would be a good idea.


      What you cannot support, morally, is that a transaction between two third parties, which involves niether you nor any physical materials that you own, can devalue any materials that you own. (They can make speculative decisions you have made less lucrative, but you are responsible for your own choices)


      Also, 60 hrs work/week sux :)

    3. Re:Morality Propaganda by Anonymous Coward · · Score: 0
      The fact is that something which is not naturally immoral (sharing) ....

      It's only immoral when the business bastards start "sharing" your personal information without your knowledge or consent. The craphead who started using "Sharing" instead of "trafficing" in this context gets the award for the most egregious co-opting of a once-good word.

    4. Re:Morality Propaganda by sasami · · Score: 1

      What you do is work speculatively, expecting that people will pay for copies of what you do. If nobody wanted your software at all, then you couldnt complain, obviously, that by not buying your software they are devaluing what you do for 60hrs a week.

      There's no speculation about it. A proper estimation of the market produces a proper estimation of returns, as you pointed out. I get what I expect. But this is completely orthogonal to the idea that returns would be higher if the market behaved differently, i.e., if fewer people ripped off copies. My work therefore has less value than it otherwise might.

      Of course people can share the CD without copying it. To restrict that would be reprehensible (cough, Microsoft, cough). Obviously, this would also increase my software's value, but I'm not interested in unfair gains either.

      People will always find ways to rip off software. That's fine, I make a good living as it is. But for them to stand up and prattle about how it's their right to do so, without ever working in the industry and having their wallet on the line... well, that's just brilliantly, surpassingly lame.

      What you cannot support, morally, is that a transaction between two third parties, which involves niether you nor any physical materials that you own, can devalue any materials that you own.

      This is true, of course, but software isn't an object that I can own, either. Calling piracy "theft" is an empty argument for this reason. What it is, is theft of service, which is something that the half-wits who quote the dictionary definition of "theft" never seem to understand.

      Theft of service doesn't involve the removal of property from the victim's possession. The software I write is information, which belongs in a category of information that people don't mind paying for:

      - Doctors' diagnoses and prescriptions
      - Advice from a lawyer
      - Blueprints from an architect
      - Complete and correct 1040 forms from an accountant.

      If you receive these services and don't pay for them, then the service has been stolen. I doubt anyone can reasonably argue otherwise.

      Incidentally, it's irrelevant that software is sold by my company and purchased through a middleman. The situation is identical for architects (you deal with the architectural firm) and doctors (you deal with the HMO) and tax-preparers (H&R Block). In all cases, the rank-and-file are the ones who ultimately suffer when the company gets ripped off.

      Also, 60 hrs work/week sux :)

      Nah, it's not bad compared to the 100 you sometimes pull to make a release. Then you see these imbecilic warez groups who can't even spell correctly trumpet their "release" a day later, consisting of half an afternoon removing the reg key. =)

      ---
      Dum de dum.

      --
      Freedom is not the license to do what we like, it is the power to do what we ought.
    5. Re:Morality Propaganda by Srin+Tuar · · Score: 2


      Theft of service doesn't involve the removal of property from the victim's possession. The software I write is information, which belongs in a category of information that people don't mind paying for:

      - Doctors' diagnoses and prescriptions
      - Advice from a lawyer
      - Blueprints from an architect
      - Complete and correct 1040 forms from an accountant.


      These people pay for service because the doc has to do specific work for their individual case, which is only of value to them. What they are NOT buying is the doc's textbooks, medical database, thesis, etc. (For example if a doc makes a diagnosis for your illness, that same diagnosis doesnt work for anyone else )


      If this was applied to software, you would imagine that a customer would not buy your documentation, binaries, etc. Instead they would pay for: customization code specific for them, support for configuration, physical media copies, expertise, etc. (Work that is valuble to them specifically)


      The problem is really that software is a service, and trying to artifically apply a scarcity model upon it (the physical goods model) is unnatural.


      The truth is, most programmers cling to copy restriction legislation because they know theyll never become a billionare in a service economy.


      As a programmer, I feel the same way too. As a user of software Im tired of paying monopoly rent. And I dont even use any commercial software, yet I still pay for it inevitably (when i buy a new PC, or when its integrated into scholastic fees, or when the gov't pays for it with my tax money)

    6. Re:Morality Propaganda by vegetablespork · · Score: 1
      Then you see these imbecilic warez groups who can't even spell correctly trumpet their "release" a day later, consisting of half an afternoon removing the reg key. =)

      Knowing that a key or serial number isn't going to stop them, why insult and inconvenience your paying users while providing bragging rights to warez groups by including them?

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    7. Re:Morality Propaganda by sasami · · Score: 1

      The problem is really that software is a service, and trying to artifically apply a scarcity model upon it (the physical goods model) is unnatural.

      I'm not sure I understand what you're getting at. Here you say software is a service, but earlier contrast it with the service rendered by a doctor.

      I submit that software is a service and that applying the service goods model is indeed the correct approach. The fact that a doctor renders individual service turns out to be irrelevant. Consider, where does the line get drawn:

      - Your personal doctor diagnoses your condition
      - An organizational doctor (say in a hospital) diagnoses your condition
      - An organizational doctor diagnoses a shared condition afflicting your entire family
      - A large number of doctors consult together to arrive at a diagnosis for your shared condition

      Replace "doctor" and "condition" with "programmer" and "requirements" to see that these are exactly parallel. Ripping off software is akin to taking part in the medical examination but not ponying up your share when it's time to pay. A better analogy would be getting on a train or subway without paying.

      The truth is, most programmers cling to copy restriction legislation because they know theyll never become a billionare in a service economy.

      But this is a service economy, and has been for a long time (assuming you live in the U.S.). Content is a service, whether it be software, books, cable TV, professional advice, or what have you.

      Personally, I don't mind piracy from a monetary point of view. I just dislike the self-righteous mentality that's typical among those who feel personally threatened when you destroy their petty rationalizations. It's actually quite refreshing to see someone who's an actual programmer advance a sane and reasonable argument. =) Still, I must disagree.

      Copyright as intended in the Constitution is very valid, in my opinion. It would be great if the "give away the content for free" model actually worked, but the dot-bomb economy showed that this is wishful thinking. The temporary-monopoly model, on the other hand, has been successful in producing some worthwhile stuff. The problems arise when copyright cartels extend their rights to enormous extremes. It's patently corrupt, no doubt about that. In today's rapidly moving world, copyrights should expire quickly, in a few years. Not hundreds.

      ---
      Dum de dum.

      --
      Freedom is not the license to do what we like, it is the power to do what we ought.
    8. Re:Morality Propaganda by sasami · · Score: 1

      It was poetic (well, prosaic) license. I don't actually work for a game developer. Perhaps I should've said, "...imbecilic warez groups... trumpet their 'release' a day later, consisting of an hour compressing the disc into RAR segments."

      That, and the fact that registration has been promoted on Slashdot as a way to allow artists to make money off the P2P model: give out bonuses for keyholders. Even today, they'll get you warranty service if nothing else. I'd hardly call that insulting, unlike SafeDisc and Macrovision and region coding and other such offensive trash.

      ---
      Dum de dum.

      --
      Freedom is not the license to do what we like, it is the power to do what we ought.
    9. Re:Morality Propaganda by Anonymous Coward · · Score: 0

      > It is in our nature to share ideas that we have discovered,

      Care to explain how photoshop (just because it seems to be the default-example in this discussion) is an "idea" and how "you have discovered" it as you ftp'd it from the warez-server of your choice ?

      Even if you meant that "we" as humanity discover things it doesn't apply here. Because the portion of humanity that actualy DID discover it (like the coders at adobe) probably considers it very much their nature to not "share" their ideas.

  28. About what you'd expect by Anonymous Coward · · Score: 0

    For an amazingly overly zelous system designed to do one thing this is about what i'd expect:

    Shell shock. Having been on the recieving end of tickets i'm prity sure once the kid gets over that part he'll educate himself alright, probably on security methodology. What he does with that....

  29. Yup by Apreche · · Score: 1

    just as he says, stealing software IS wrong. There's no way around it. However, I don't like how he calls the corporations innocent. While it's not good to steal ever. Many big software comapanies are far from innocent.

    --
    The GeekNights podcast is going strong. Listen!
    1. Re:Yup by weatherbee · · Score: 1
      I don't like how he calls the corporations innocent.

      "Innocent corporation" is an oxymoron.

  30. Damn... by Deltan · · Score: 3, Funny

    I was expecting the raid to be somewhat cooler than that. Tell me, did you receive a cellular phone via FedEx before you got nailed? Or was the phone ringing on your desk per chance? You missed the way out if either of those things happened.

    1. Re:Damn... by isorox · · Score: 2

      Tell me, did you receive a cellular phone via FedEx

      He would have done, but morpheous forgot to take the "9AM guarenteed" option, and itdidnt get there until too late.

    2. Re:Damn... by machine+of+god · · Score: 1

      lots of times they do call you first to find out if you're home. Makes sense to me.

  31. Whatever you think.. by h0tblack · · Score: 3, Interesting

    ...about what he did, it's interesting to see that he's planning on using his skills to help distribution of free software with the "Free Software Mirror Project". The warez scene has undoubtedly got a huge skills base at it's core for organising large scale distribution structures like this. We're already starting to see individuals skills and general methodology (such as the evolution of p2p) being used for legitimate distribution of software. Hopefully this will be something that grows (I cannot see that it won't).
    The recent example of hammering of websites and servers for the release of Mandrake 9, RedHat 8 and UT2003 show that these methods are needed (along with a myriad of other occasions). Methods for mirroring sites linked to by /. have also been mentioned in the past. However the techniques are developed and whomever develops them, the knowledge of how to get a stable and working environment where increased demand gives increased availability rather than the inverse has got to be worth exploiting.

    1. Re:Whatever you think.. by Control+Group · · Score: 2
      [l1nUxd00d]: NOW UP FTP @ 127.0.0.1:2042 l:p r3d4at:r0x0rz! 0-DAY LINUX DISTROS! 10+ GB of SORTED OSS! 10:1 d/l ratio. LOOKING FOR COURIERS. PERMLEECH for hosting w/20+ GB space.


      Open source definitely needs a warezesque distribution system.

      --

      Reality has a conservative bias: it conserves mass, energy, momentum...
  32. net connection died? by misterhaan · · Score: 5, Funny
    I was sitting at my computer chatting with a fellow DOD member on IRC. All of a sudden I noticed my net connection died. When I went to walk out the door, a U.S. Customs agent met me.
    my cable modem connection dies daily! i can just see warez guys experiencing this and running to kill their circuit breakers and lock all the doors . . . never to go outside again!
    --

    track7.org has all kinds of interesting stuff!

    1. Re:net connection died? by user32.ExitWindowsEx · · Score: 1

      Again? You mean they ever do?

      --
      "Evil will always triumph because good is dumb." -- Dark Helmet
    2. Re:net connection died? by Anonymous Coward · · Score: 0

      well, he was sitting at MIT! as a sysadmin there! you'd leave your office too to check wtf happened! idiot. can't be compared with cable users.

    3. Re:net connection died? by Anonymous Coward · · Score: 0

      Damn RCA Cable Modems.

  33. Re:Bad Timing! by Peyna · · Score: 3, Interesting

    Most people convicted of crimes eventually come to the realization that they were indeed wrong. Those that don't usually are the ones that end up back in jail over and over again.

    --
    What?
  34. stealing != copyright infringement by swm · · Score: 5, Informative


    it is absolutely wrong to steal software from a company. Whether it is ones or zeros or bags of money, it is stealing.

    If it's bags of money, it's called stealing.
    If it's ones and zeros, it's called copyright infringement.

    They are different things.
    That's why we have different words for them.

    1. Re:stealing != copyright infringement by Anonymous Coward · · Score: 0

      Just like murdering innocent civilians and collateral damage... ...oh wait.

    2. Re:stealing != copyright infringement by Josuah · · Score: 1

      If it's bags of money, it's called stealing.
      If it's ones and zeros, it's called copyright infringement.


      You are confusing his use of the word "stealing" in a moral sense with your use of the word in a legal sense. Morally speaking, I believe, and so do many others, that "pirating" software which in the US is legally "copyright infringement" is _also_ stealing. The same way you can steal a person's job, steal someone's thunder (something I'm sure quite a few Dilbert's have experienced under their PHBs), steal someone's identity, etc.

      If you want to be a lawyer, fine, go ahead and say it's copyright infringement. I, however, choose to be a human being and make a moral statement: pirating software/music/movies is stealing, and that it is wrong.

      N.B. Moral does not by definition mean good. Good morals mean good. Bad morals mean bad.

    3. Re:stealing != copyright infringement by mandolin · · Score: 2
      If it's bags of money, it's called stealing. If it's ones and zeros, it's called copyright infringement.

      They are different things. That's why we have different words for them.

      Ahh, wordplay. This is the hacking/cracking argument all over again (or perhaps GNU/linux). Some people like to verbally distinguish on moral grounds between the two, and some are pedants; others prefer to use context to make a distinction. My guess is "stealing" will win out merely because it's easier to say.

  35. I disagree by Anonymous Coward · · Score: 0

    If you download Photoshop, I don't believe you are depriving Adobe of $500 (more like $700).

    You ARE depriving other software vendors of $50 or whatever you would be willing to pay for a photo program. If I wrote paint shop or Billy Macks Paint'n'Go I'd be mad, because you stole something and deprived me of the chance to sell you my $15 shareware program.

  36. Conversation between Nick and prosecutors? by Anonymous Coward · · Score: 2, Funny

    Them: Mr,Tresco, if you go on slashdot and tell them why software piracy is bad and that they should all be looking forward to DRM, then we will let you off with a low security prison near your home and a shorter sentence. If you tell the truth to them then you will get your original longer sentence.

    Chris: erm. okay it's a deal.

  37. Gone are the days... by Sabaki · · Score: 0, Offtopic

    When Men in Black could get by with just a single letter name:

    When I went to walk out the door, a U.S. Customs agent met me. "Mr. Tresco, My name is XXXXX, I am with the U.S. Customs Department. Would you mind coming with me?"

    "Agent XXXXX, meet agents XXX, XX, XXXXXXXX, X and Sever."

    "Sever? What the hell kind of name is that?"

  38. Sure it is by EricWright · · Score: 2

    You are only thinking of the 1s and 0s of the situation. In reality, warez steals control from the copyright holder.

    If I am a potential customer of BigSoftwareCo and I have two equal options of a) paying BigSoftwareCo $1000 for their products or b) downloading it for free from your warez site, which am I going to do? Maybe a), maybe b).

    If I go with a), that's a moral failing on my part, sure... but the fact that you offer the product has stolen control of it from it's creators. They no longer have the ability to say who gets to use the product (those that cough up the $1000 to them) and those who don't.

    That's theft, plain and simple.

    *~*~*~*~*~*

    1. Re:Sure it is by back_pages · · Score: 3, Insightful
      Copyright violations are called "copyright violations" and not "theft" for a reason. Blurring the two is a scare tactic used by copyright holders to inflate the perceived moral injustice.

      By the very same logic, anyone who provides a product that competes with mine and "steals" my business would be guilty of theft. The only difference in this case is whether the potential customer has my software or my competitor's, which appears, functions, and performs similarly. Clearly this is theft!

      Except that it isn't. In the worst case, it's a copyright violation. Unauthorized duplication of software is a copyright violation. It is not theft.

    2. Re:Sure it is by Anonymous Coward · · Score: 0

      Is control over who uses the software protected under copyright law? If so, what about people selling used software? They are ignoring the original manufacturer's intent.

      Which also flies in the face of fair use. They deny the *owner* of doing what they want to with it. There are laws to protect this. For instance, people can buy books and resell them. The fact that they don't look at software this way just shows how incredibly fucked up the system is.

    3. Re:Sure it is by duck_prime · · Score: 1
      Copyright violations are called "copyright violations" and not "theft" for a reason. Blurring the two is a scare tactic used by copyright holders to inflate the perceived moral injustice.

      By the very same logic, anyone who provides a product that competes with mine and "steals" my business would be guilty of theft.
      Except that people who start competing businesses make money, and people who violate copyright go to jail. Seems like you're trying to use language to *downgrade* the moral impact of ip theft.

      What many anti-ip folks seem to miss is this: people who write software (or whatever) worked hard to create that software. It belongs to them. They made it. They own it, and they get to say who can use it. The fact that p2p and digital copying make it easy and safe to (ahem) "get" the software for free has absolutely no bearing.
    4. Re:Sure it is by Anonymous Coward · · Score: 0
      You are only thinking of the 1s and 0s of the situation. In reality, warez steals control from the copyright holder.

      If I am a potential customer of BigSoftwareCo and I have two equal options of a) paying BigSoftwareCo $1000 for their products or b) downloading it for free from your warez site, which am I going to do? Maybe a), maybe b).

      If I go with a), that's a moral failing on my part, sure... but the fact that you offer the product has stolen control of it from it's creators. They no longer have the ability to say who gets to use the product (those that cough up the $1000 to them) and those who don't.

      That's theft, plain and simple.

      Clearly you're the simple one here. For starters, theft and copyright violation are different things, the **AA's BS notwithstanding. One is a criminal issue; one is a civil issue. Secondly, who whacked you on the head hard enough to make you think up this "stolen control" crap?

    5. Re:Sure it is by xyzzy-ladder · · Score: 1

      In a corporate environment, the creators of the software are almost NEVER the owners. It seems the creators have lost control of their creation when they cash their paycheck.

      --
      There are two types of people; those who divide people into two types of people, and those who don't.
    6. Re:Sure it is by Anonymous Coward · · Score: 0

      What many anti-ip folks seem to miss is this: people who write software (or whatever) worked hard to create that software. It belongs to them. They made it. They own it, and they get to say who can use it. The fact that p2p and digital copying make it easy and safe to (ahem) "get" the software for free has absolutely no bearing.

      What many ip folks seem to miss is this: people who write software (or whatever) worked hard to create that software. They are guaranteed a limited monopoly on commercial use of their product for a limited time in order to give financial incentive to people like themselves to create such works. They made it. They own a limited set of rights to their work and are able to withold certain rights from those who do not hold copyright, and they generally have no say in who can use it or how one can use it or why one uses it.

      You are VASTLY overstating what copyright (patents, ip, etc) grants its holder and for what reasons.

    7. Re:Sure it is by akmed · · Score: 2

      Actually, if you want to use trade terms, it's copyright infringement, and if you check out Black's Law Dictionary, you'll find that the first three words under the definition of copyright are "A property right". There is also a definition for "cybertheft" which deals with stealing people's property online (the examples they give are credit card numbers and intellectual property). Copyright "violation" isn't a violation in the same way that a traffic ticket is a violation. The law will slam you for copyright violations.

      To give an example, if you went to McDonalds, bought a hamburger, studied it, then started making your own hamburgers that'd be fine. If however you started calling your hamburgers McDonalds hamburgers that wouldn't be fine. The same example could be made with any other product. If you want to study how MS Word works and then write your own MS Word like product that's all good. But you can't make it exactly the same and call it MS Word (in essence, copy it).

      If you sign a noncompete agreement with an employer then leave the company after a few years, you can't turn around and steal their customers or use inside knowledge to benefit from it. So there are times when providing a product that competes with another one (your services in the aforementioned situation) is illegal.

      One last note, using the term theft isn't a scare tactic, it's just a warning. The law doesn't use scare tactics because they don't work. The whole point of scare tactics are to keep someone from doing something they're actually allowed to do. You are not allowed to copy software and it is theft and you will be spending time in prison if caught just like a guy who steals cars. You may not agree with the price of software, but making 100 copies of MS Office is like stealing a Mercedes. If you don't agree with the price/license/whatever of the software, don't buy it. But then you'll say that you need it. At that point, if there really are unfair terms, you can bring suit to have them not enforced (yeah, lawsuits can get expensive, and just because corporations have lots of lawyers doesn't mean that injustice will prevail. if your argument is valid, you'll win or you'll sue your lawyer for malpractice if you lose). Also, though you may not believe it, the government really does look into these sorts of things and if there is injustice in the way a company acts, Uncle Sam'll bring down the hammer. To make a long story short, weasel words won't get you off the hook. This guy's going to prison for 33 months. You could be next if you're stealing property (be it cars or movies, the courts don't care).

      (Note, I'm a law student, not a lawyer, and anyway none of the above should be construed as legal advice).

    8. Re:Sure it is by jorlando · · Score: 1

      "If I am a potential customer of BigSoftwareCo and I have two equal options of a) paying BigSoftwareCo $1000 for their products or b) downloading it for free from your warez site, which am I going to do? Maybe a), maybe b). "

      Joe Bloe, 14 yrs old, hear that a software called 3D Mage Whiz is used to do SFX for Hollywood and costs US10.000. Joe Bloe downloaded it, installed, played and forgot it in the HD depths...

      Joe Bloe is a "potential customer"? The hordes of kids that downloaded a copy of 3d studio, maybe one with a KewL L0g0 from the KR@ck L337 Te@m, in the early 90s were "potential customers"? I don't think so... but for BSA, always trying to blur the line of theft and copyright violation, they were...

      Theft is theft, copyright violation is copyright violation...

      Don't stand so close to protect the industry... they are only trying to get a way to rob your rights as a customer... we're going to a digital world, soon you'll be surprised how little you can do with things that you *think* that you own... give enough "rights" to the industry and they will say how many times a year you can listen to your cd or if you are allowed to go to the bathroom during the comercials, since "users who skip commercials are thieves", as one of these types said...

    9. Re:Sure it is by back_pages · · Score: 2
      I didn't mean that the law uses scare tactics. People trying to protect copyright holders use scare tactics. A copyright infringement isn't such a horrible thing, afterall it's a modern convention used to support our fast paced and capital (as in ideas and investment) driven economy.

      Theiving, on the other hand, is downright filthy. You can discourage people from doing something without taking them to court if it's dirty, like stealing.

      The guy here isn't going to jail for 33 months for stealing. He's going to court for copyright infringement. The legal issues are one thing, but the concept of the act and ethics are entirely different. I don't deprive the owner of his product if I crack the software encryption and distribute it, but I do impede his ability to sell the product and make a product. That's a world away from stealing my neighbor's car. Stealing a car is what scum do. Copyright infringement? Well, that's not exactly good, but it isn't the same act as stealing, no matter what the dictionary says.

    10. Re:Sure it is by Anonymous Coward · · Score: 0
      you'll find that the first three words under the definition of copyright are "A property right".
      You mean my neighbor can have something, legally, that I can't have?
    11. Re:Sure it is by akmed · · Score: 2

      Copyright infringement is a violation of someone else's rights. If I sit outside your door with a shotgun and tell you I'm going to shoot you if you leave, then while I'm not stealing from you, I am keeping you from going to work and making money (assuming you don't telecommute but then I could cut your phone and cable before sitting down in the lawn chair and we'd be to the same situation). You'd be pretty annoyed and would call the cops to have them take me away and make sure I don't come back to sit outside your door again. Lets flip it around. I write a piece of software, you decrypt it and give it away to everyone. You're effectively preventing me from going out into the world and making money. Except you don't even have the inconvenience of needing to sit outside my door. Copyright infringement is no different than imposing your will (e.g. don't believe in copyrights, think something costs too much) on others by force. Someone gets on a bus with a gun and demands to be taken somewhere. I'd call that terrorism. Someone else doesn't believe in copyright and rips off software and gives it away to such an extent that a company goes bankrupt and the owner, now penniless, starves to death or commits suicide. The ultimate end of copyright infringement is the elimination of programmers, actors, playwrights, musicians, and all other forms of people who entertain us. If you want history of copyrights, check out this site:

      http://www.intellectual-property.gov.uk/std/reso ur ces/copyright/history.htm

      If you want to debate the length of copyrights, sure. The current system is insane and I'm pulling for a good decision in Eldred v. Ashcroft. Without copyright law though, it'd just end up being contract law. And instead of having things eventually end up in the public domain, the contracts would be crafted in such a way that they never would. I'll take an assured release of material over contractually forbidden one anyday. Which leads into the DMCA, but that's a question for another day.

    12. Re:Sure it is by ObitMan · · Score: 0

      *CLAP*CLAP*CLAP*CLAP*
      All you comments in this thread are dead on.
      Well said Sir! (or Madame if that is the case.)

      --
      Who run Barter Town?
  39. Re:first prost by Anonymous Coward · · Score: 0

    gavle sucks but bbb ownz0r j00 :D so easy to get on bbb sites and they get great speed to each other

  40. Re:Bah by Anonymous Coward · · Score: 0

    i dont want another fucking capitalist puke in my country. stay where you are. please. thanks.

  41. Wrong. by freek_daddy · · Score: 1

    People still speak it.

    I would've thought that the kind of person who'd post their grades might've been the kind of person to spend 2 seconds double-checking. Guess not.

    1. Re:Wrong. by tps12 · · Score: 1

      Whoa, I forgot about that page. I should update it this weekend. I have one more set of pictures to find and two sets of grades to put up. Thanks.

      --

      Karma: Good (despite my invention of the Karma: sig)
    2. Re:Wrong. by Anonymous Coward · · Score: 0

      Dude, you are a serious faggot ...

  42. What next by eadint · · Score: 0

    What next, i can just see it . im at a bar taking a leak i look down t the urina mat, instead of dont do drugs it sayes, dont pirat software what next.
    kitty bush " just say no to warez".
    the betty ford warez clinic. warez anonymous.

    -- if you post it " they will steal it"

  43. In love with the Prof? by Anonymous Coward · · Score: 0

    Is this guy in love with his professors? What's with the pictures and adoring commentary?

    1. Re:In love with the Prof? by Anonymous Coward · · Score: 0

      What's up with the pic of Zeph's croch, the guy that looks like the cop on NYPD Blue, & the obvious homosexuality of Peter Allen, Jason Nieh, & Steven Feiner. I think this guy is taking way more than CS at Columbia.

  44. Free Software by rohar · · Score: 1

    IMO the biggest thing holding back Open Source/Free software is not M$ or any of the other large closed source software companies.

    It it warez fucks like this.

    If there wasn't such an availability of cracked versions of commercial software, way more effort and talent would be funnelled into Open Source development.

    Photoshop is still a way better product than GIMP. I can get a warez copy of Photoshop. Why would I use/support GIMP?

    1. Re:Free Software by Xeger · · Score: 2

      Open source development is hindered by a lack of skilled developers, and a lack of development money. Keeping this in mind...

      If warez suddenly became impossible, I agree that it might cause open souce funding to increase (though that does beg the question: who would this money be coming from?) But I don't see how the elimination of software piracy would increase the number of developers capable of (or willing to do) open source development.

      Would it convert commercial Win32 developers? Of course not! Their concerns about piracy having been eliminated, they are going to work harder than ever before to crank out ever-more-expensive products.

    2. Re:Free Software by Anonymous Coward · · Score: 0

      "Photoshop is still a way better product than GIMP. I can get a warez copy of Photoshop. Why would I use/support GIMP? "

      Because you believe its better than Photoshop?

      ++AC

  45. My Parents Are Pirates..... by Anonymous Coward · · Score: 0

    Every parents who refuse to buy their kids toys, computer games, software are STEALING Money from the toy, game, and software companies!!!! All the parents are theft!? Don't you tell me they are not physically stealing from the companies... they are hurting their business!!!!

  46. It's about the bandwidth by Gerry+Gleason · · Score: 3, Interesting
    Do you really think he is so dumb that he would publicly announce this and not be carful about staying on the right side of the law? Don't you think "the authorities" will keep an eye on him?

    The truth is that when a new distribution comes out, the bandwidth is quickly overwhelmed by everyone wanting to get the latest thing. What's wrong with trying to do this more effectively and efficiently?

    The site doesn't say much about how this would work, but I guess if I actually knew anything about the technical aspects of how the illegal networks that he was busted for supporting function, it might be obvious. Doesn't seem like it would be too complex. You just have to have a couple of levels with good fan-out, and some way to find a mirror with capacity and spread the load so no site gets hammered.

  47. What I keep thinking... by chrysrobyn · · Score: 5, Insightful

    That is the wrong way to think about it. You are asking yourself if it is worth something to commit a crime. What you should be asking yourself is, if what you are doing is fundamentally wrong. If it is (and I would say that it is) then stop doing it.

    I wonder how fast his lawyer can type, or if his lawyer just dictates slashdot responses to his secretary.

    I'm married, have a paid-for car, a good job, and share a house with the bank. I've got responsibilities. At this point, I'm using 100% paid for (or free or Free) software. Please allow that fact to color my response.

    Everything in life is a cost-benefit analysis. Sure, the MBA people will tell you they came up with it, and they're the only people who truly understand how it works, and now I wonder if they're right. There's a risk in driving to work every day. Is it right? Well, it puts money in the grubby hands of a greedy corporation that cars about the environment to the extent required by the EPA. I could get killed. Therefore I shouldn't drive? Certainly are downsides to working, not to mention risks. Flying home for Christmas to visit the in-laws? Well, that involves the pollution of the airplane, more money in the hands of terrorist supporting oil barons, and again, that risk of death on my part.

    Everything in life is a trade-off. Just sticking with what's right isn't enough -- few things are inherantly right. Just sticking with what's legislated isn't right. Now, say I am interviewing students for a job that involves using windows on a daily basis. I'll choose the candidate who pirated windows to get practice over the candidate who did the "right thing" and has honestly never seen windows because he can't afford it. Explain to me what is right there? Those who are too poor to "do right" shouldn't take risks?

    Take a survey of college students. Some will certainly agree, but many won't. Don't bother asking attorneys, or people worried about their next parole board, but ask people with little money and a great concern for their futures.

    Now, back to Mr. Tresco's situation. Is it "right" to hijack Institute computers to violate copyrights? One could easily argue the "Robin Hood" perspective; less easily, one could attempt to learn how much software enters MIT illegally then compute a net flow.

    Let's assume that Mr. Tresco, or someone like him, is single, and has very few obligations. What's the risk??? Get caught, stripped of your job, sent to jail for almost 3 years. No freedom. Potentially unkind things happen there. If done well, someone could take advantage of the free room and board, earn a GED, BA or BS, and put together an outline on your experiences and sell the book/movie rights on how you're a better person. There are a lot of people out here for whom jail is not a punishment, but rather a new place to live with new opportunities. "What's right" is for the ethicists. Cost benefit analysis for the rest of us.

    Clean record, time with my wife, commute to work for me, please.

    1. Re:What I keep thinking... by Anonymous Coward · · Score: 0

      i agree on things you have said, but. please explain what it is you think is inherently right. but only ones that have been INHERENTLY right since morals began. or do you mean now they are INHERENTLY right? will they be INHERENTLY right in the future too? by the by, you will recieve a prescription for your short-sightedness in the mail in 5-7 working days. viva la resistance!!!

    2. Re:What I keep thinking... by Anonymous Coward · · Score: 0
      There are a lot of people out here for whom jail is not a punishment, but rather a new place to live with new opportunities

      Ummm... No. Having visited jail myself on a couple different occasions, I beg to differ with this statement. Jail is a place to be belittled, lonely, and bored if you're lucky. It's a place to be beaten, raped, and completely de-humanaized if you're not.

      Don't get me wrong, most people are sent there for good reason...but a "new place to live" and "opportunity" to educate yourself is hardly what you get should you make decisions that put you there.

    3. Re:What I keep thinking... by Xeger · · Score: 2

      I agree with you completely. However, I'd like to point out that if 33 months of prison were imminent in your future, you too might feel obliged to discourage people from following in your footsteps.

    4. Re:What I keep thinking... by Josuah · · Score: 2, Interesting

      "What's right" is for the ethicists. Cost benefit analysis for the rest of us.

      Um, excuse me? "What's right" is for every single human being to ponder and base their life decisions upon.

      Sounds to me that you've decided that what's right for you is to ensure you have the greatest benefit for least cost, regardless of anyone else. You're basing your cost benefit analysis on what you think is right. Namely that you come first. Someone who thinks the government shouldn't tax, perhaps, or that you shouldn't have to pay social security for the 65+ population. That it's okay to steal the pie of the window sill if you won't get caught.

      Either that, or you are taking the view that everyone's moral beliefs and ethical decisions are equally correct. In which case it's okay for the Christian anti-abortionists to kill abortion doctors, because their moral belief and ethics dictate that it is so. And it's okay to gas and burn all the Jews because the belief of a "superior race" means you are free to treat "inferior races" as you would a plague of locusts.

      While I will agree that such views are valid, I will not agree that they are correct. I will live by my moral beliefs and I will make moral judgements of other people. This does not mean thinking a culture is uncivilized because they eat their dead out of respect. It does mean thinking a person is wrong because they think murder for fun is okay. To me, what's right also involves the benefits of others. And my monetary cost benefit analysis will be based on that. Along with my decisions involving things like the environment, or politics, the situation between the US and Iraq, etc.

    5. Re:What I keep thinking... by Anonymous Coward · · Score: 0

      Getting a job as a convicted felon is not easy. Every job application I've filled out has had that question on it.

  48. You keep using that word... by Anonymous Coward · · Score: 0

    ... I do not think it means what you think it means.

    Maybe you should look up "stealing" in the dictionary.

  49. easy: by Bishop · · Score: 2

    Theft.

  50. Holy 1984 Batman by Anonymous Coward · · Score: 0

    Sounds like someone put a cage around your head with a rat in it until you hated the one you loved. I'm no fan of pirating, but you've had a mindjob big-time. :(

  51. Spoken Latin: dead at 3054 by tps12 · · Score: 3, Funny

    I just heard some sad news on talk radio - spoken Latin was found dead in a Catholic church this morning. There weren't any more details. I'm sure everyone in the linguistics community will miss him - even if you didn't enjoy learning all those tenses, there's no denying its contributions to modern language. Truly an Roman icon.

    --

    Karma: Good (despite my invention of the Karma: sig)
    1. Re:Spoken Latin: dead at 3054 by Reziac · · Score: 2

      Latina est langua mortua, in arena jacet.
      Primo necavit Romanas, nunc nos interfacit!

      (translation by yours truly)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  52. Funny by conduit4 · · Score: 0, Offtopic

    Its pretty funny. I think I interviewed with this guy for a co-op at the MIT Economics Dept. right before he got arrested.

    1. Re:Funny by Anonymous Coward · · Score: 0

      How is this funny?

    2. Re:Funny by conduit4 · · Score: 1

      Obviously you dont get what I meant by funny. Not funny as in HAHA but funny as in weird. I would have been working there at the time he got arrested if I got the job and it would have been a very weird to be in that situation.

  53. hypocrisy in the midst???? by Anonymous Coward · · Score: 0

    i have been perusing the previous comments, and it seems as though people are encouraging free software but not warez, now looking at this as purely an information issue, it looks like people are basing their stance against warez on some consensus and not how they actually think. viva la resistance!!!

  54. Draw the line by linux_warp · · Score: 1

    So its it wrong for me to steal a cure for cancer and cure people for free? People that could not otherwise afford it? What if, I just steal the formula for it?

    Sharing Intellectual property advances our society.

    1. Re:Draw the line by Servo · · Score: 1

      You can't draw the line on something like that. There are things that are wrong but legal, things that are right but illegal, and there are things that are wrong and illegal but is done for the good outcome.

      Say a company spends a billion dollars on research. Then you steal the cure they develop and give it away for free. They just LOST a billion dollars, essentially.

      Sure you cured countless people who would otherwise not be able to afford it, but now you've caused the company to go belly up, and most their employees are now unemployed. They become a "burden of the state" collecting unemployment and other government assistance, and with all the other recently cured poor people, the government assistance programs run out of money because there are just too many people in the system.

      At this point, the government either heftily raises taxes and/or cuts major spending in other areas (usually the more critical ones, like education, national defense, or safety), causing more economic downturn and even more poor people.

      You see... you can not give everything away for free without having some sort of compensation. Unemployed programmers living in homeless shelters can not write free software. Economic systems based on bartering or cash will crumble if it were all a one way proposition. A gainfully employed gas attendant who moonlights as an Open Source programmer in his or her free time DOES have the ability to benefit some company out there that ends up saving money, giving a better bonus to your mom, who in turn buys you a computer for Xmas, allowing you to become a "productive" member of Slashdot.

      --
      A slip of the foot you may soon recover, but a slip of the tongue you may never get over. -Benjamin Franklin
    2. Re:Draw the line by woobieman29 · · Score: 2, Insightful

      Yes as a matter of fact, it is wrong.

      If for instance a cure for cancer is developed by a research team at WhiteHat Pharmaceuticals, don't they deserve to be compensated for their years of effort in R&D? Say that BlackHat Pharmaceuticals, a rival company that doesn't have the talent and knowledge to develop this on their own "just steals the formula" and releases their version of the drug for 20% of the price that WhiteHat charges (they can make money at this price point after all, since they don't have to pay for R&D) effectively destroying any possibility that WhiteHat will ever be able to make a profit, let alone recoup the money they spend on R&D. Do you think that WhiteHat is going to invest anymore of their time and talent in developing other drugs if this is allowed to happen? Absolutely not. This certainly does NOT advance our society! Now these "People that cannot afford it" that need other drugs are still up shit creek because the drugs that they need will never be developed. Even if the people that stole the formula gave their version of the drug away for free, the overall impact of this action would be extremely negative if it serves to discontinue the further development of new drugs.

      Yes, sharing of intellectual property has many benefits to society. The key to this however is that everyone must decide for themselves what they are willing to share, who they are willing to share it with, and under what terms. The Open Source community is a stellar example of the wonderful things that can happen when the fruits of intellectual labor are shared. Just realize that this is not the perfect solution for all cases, and that it is ultimately up to the owner/creator of intellectual property to decide how it should best be used.

      Respectfully submitted, The Woobman
      --
      \/\/oobie
  55. Hypothetical: could he leave the country? by emil · · Score: 3, Informative

    Under his situation, where he is currently at liberty but will begin a prison sentence soon, how difficult would it be for him to put himself beyond the reach of the criminal justice system?

    For myself, if I were on the jury, I would have used some of the powers described at FIJA to ensure that he received a maximum of 6 months in prison (assuming that I believed in his guilt and I agreed with the law, which I probably wouldn't).

    However, assuming that members of the jury were duped or otherwise misled into this unreasonable sentence, how easy is it to leave and where should he go? Is Brazil the best destination (since they lack an extradition treaty)?

    I would like to know this, for the day when these sentences are doled out for Kazaa users.

    1. Re:Hypothetical: could he leave the country? by captain_craptacular · · Score: 1

      Would you really want to spend the REST OF YOUR LIFE as a fugitive to avoid a 33 month sence in a minimum security country club? Keep in mind that this would mean that you basically couldn't reside in not only the U.S., but in countries with visa reciprocity agreements as well, and that's a long list. So basically your choice is 33 months in prison, or a lifetime of not trying to draw attention to yourself as an American in a backwater third world country.

      --
      They who would give up an essential liberty for temporary security, deserve neither liberty nor security
    2. Re:Hypothetical: could he leave the country? by Directrix1 · · Score: 4, Funny

      minimum security country club

      Minimum security country club? More like federal pound-me-in-the-ass prison.

      --
      Occam's razor is the blind faith in the natural selection of least resistance and in universal oversimplification. -- EF
    3. Re:Hypothetical: could he leave the country? by Dannon · · Score: 1

      assuming that I believed in his guilt and I agreed with the law, which I probably wouldn't

      Which is why you wouldn't ever be selected to serve on a jury for a crime of this type.

      It's not a jury's position to rule on whether laws are good or bad. That's up to the judges, and then, only at the Appelate level and above.

      The judge in a criminal trial has two basic duties: First, to make certain both prosecution and defense follow those rules to the letter, dotting all of their i's and crossing all of their t's. Second, to make certain the Jury understands the details of the written law.

      The jury's job is even simpler: To determine whether the defendant actually did what the State says he did. To perform this task, a jury must be truly impartial, and equally critical of both sides.

      As a citizen, your duty is not to rewrite the law in the courtroom should you ever be called to serve on a jury. Nor is it your duty to encourage others to break laws you think are 'bad'. If you wish to take a 'civil disobediance' position, and break the law with the intent of going to court to get it changed, then you must accept the potential consequences of this, which is that the court may not side with you. There are wiser ways of accomplishing this. The First Amendment promises the right to petition the government for redress. If you've been personally denied life, liberty, or property by a bad law, use it.

      Civilized society is based on the strength of the rule of law, to which everyone, even those in power, are subject. Your duty, to fix bad laws, is to lobby your representatives in all forms of government, and to vote in an informed manner. Your duty is to be an informed and active citizen.

      I commend Mr. Tresco on his decision to accept his sentence, and to face up to what he now sees as his responsibility. I wish him the best of luck, both in those 33 months, and in his life afterwards.

      --
      Good judgment comes from experience.
      Experience comes from bad judgment.
    4. Re:Hypothetical: could he leave the country? by Mikeytsi · · Score: 2, Informative

      It's not a jury's position to rule on whether laws are good or bad.

      You are wrong on that point. A jury has the right to recognize that a law was broken, but refuse to convict a person based on a belief that the law is unjust. Prosecutors and Judges try VERY HARD to hide this, but it is a part of the process.

      --
      I've been called a "Fucking Dick" by better people than you.
    5. Re:Hypothetical: could he leave the country? by Master+of+Transhuman · · Score: 1

      "Minimum-security" could mean a number of things. If he's going to a prison CAMP, that is minimum security. If he's going to a LOW FCI (Federal Correctional Institution) that is another higher level.

      In any event, if he keeps his mouth shut and stays away from the real assholes and if he isn't that good-looking a young kid, he should have no problem with sexual harassment. The Fed system is not like the state system - the Feds control their inmates a lot more. Not to say it doesn't happen, but in eight years in three joints (including Leavenworth USP) I never saw or heard of anybody getting raped.

      There WERE known homosexuals, and it's best not to have any dealings with them, because it's easy to get tarred by association. I had a cellie who did some business (wine-making, I think) with two interracial homosexuals in the next cell - one night, I was warned that five guys were going to bust into the cell and kick his ass, and I should get out of there until lockdown. As it happened, he had already been warned and he "checked in" to the Hole before it could happen.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    6. Re:Hypothetical: could he leave the country? by emil · · Score: 2
      As a citizen, your duty is not to rewrite the law in the courtroom should you ever be called to serve on a jury. Nor is it your duty to encourage others to break laws you think are 'bad'.

      So tell me, if congress makes jaywalking a federal offense punishable by 10 years in prison and a $100k fine, it's not the responsibility a jury to refuse to enforce it? You're patently wrong.

  56. Exactly who has been subjected to a "BSA Raid"? by debest · · Score: 1

    I've read lots of stories here on organizations (City of Virginia Beach comes to mind) that have been served with a letter from the BSA about the status of their licences. But has there EVER been an actual raid on an organization?

    I ask this because it seems to me if a squad of accountants from the BSA showed up on the door of my business, I would say "Go away, I'm busy!" For their threats to mean anything, they would have to get a warrant from a judge. Which would require reasonable grounds for search and seizure. Which would require the actions of the police.

    I think that we would all have heard of such an event by now, if it has happened. If it has (and I missed it), please let me know.

    I assume the audits in question are carried out voluntarily because the business cannot risk that the BSA may do exactly what I describe above. The impact of preparing for the audit is less than the impact of having your office shut down (perhaps indefinately) by a police search. If you were then found to be in compliance, would you have legal recourse against the BSA?

    --
    Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
    1. Re:Exactly who has been subjected to a "BSA Raid"? by swb · · Score: 2

      My guess is that raids have actually happened and are evidence-gathering parties backed by a subpeona.

      I'd guess that they happen two ways: Either as criminal investigations or civil investigations. I don't think most courts would conclude that running a few extra copies of an app counts as criminal piracy, it would instead count as a civil action.

      In the case of a *criminal* action, I'd imagine law enforcement just shows up and starts kicking ass. You don't get a chance to even defend yourself up front.

      In the case of a *civil* action, I'd guess that you'd have to be pretty dumb, uncooperative and naive, since the BSA would likely send lots of letters, maybe a summons and a judge may demand that a plaintiff go to extraordinary measures to ensure that the defendant in a civil suit is made aware of what's going on prior to the use of the court's law enforcement power to collect evidence for a civil lawsuit.

      Only *after* you ignore a zillion registered letters from companies with long names and nice, embossed letterheads, ditch the process-servers and stop answering your phone would a "surprise" raid be likely to happen for civil cases.

      I'd be interested if anyone else knows differently about civil raids. It'd be REALLY scary to find out that you can file a civil suit and get a judge to use police powers to do a surprise raid, especially over an issue like license compliance.

      I can see where a civil plaintiff may convince a judge that the defendents past actions may lead them to destroy evidence, but Some Random Otherwise Law Abiding Business, Inc??

    2. Re:Exactly who has been subjected to a "BSA Raid"? by Anonymous Coward · · Score: 0
      I ask this because it seems to me if a squad of accountants from the BSA showed up on the door of my business, I would say "Go away, I'm busy!"

      Not accountants alone. The process is they show up with, if necessary, federal marshals who will tell you to "step back from the terminal." They are carrying little things at their sides which encourage compliance.

    3. Re:Exactly who has been subjected to a "BSA Raid"? by debest · · Score: 1

      Not accountants alone. The process is they show up with, if necessary, federal marshals who will tell you to "step back from the terminal." They are carrying little things at their sides which encourage compliance.

      Precisely my question: has this ever happened? I'm really curious if a case of "licence infringement" has actually resulted in an audit which was *forced* on a business!

      --
      Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
    4. Re:Exactly who has been subjected to a "BSA Raid"? by Anonymous Coward · · Score: 0

      I saw a very large company get audited. There were rumors that it started after a VIP hung up on a VIP salesman from a software company.

      The audit was a huge pain. Independent contractors were brought it for the sole purpose of visiting every machine to see if they were legit. The company would be issued a fine for the number of machines that weren't 100% compliant.

      Many things changed after the audit:
      - You had to fill out paperwork like a medical form and wait a long time to get the software you needed on your computer
      - There wasn't enough licences to get the required apps on the machines that needed them. Current versions? No way.
      - If you wrote a tool that wasn't used by a 5 year old version you might have to down-grade your tool.

  57. Why is this a CRIME? by waspleg · · Score: 2, Interesting

    And not a Civil action? He didn't hurt anyone, He didn't threaten anyone with a gun and rob a liqour store. He didn't make any money or gain anything at all financially for having done this? Why isn't this a civil suit for money instead of a PRISON term for COPYRIGHT INFRINGEMENT?? WTF?

    this is the clip from the cybercrime.gov website: "As of July, 2002, 16 defendants have been convicted in the U.S. of felony criminal copyright offenses, including conspiracy to commit those offenses, and nine defendants have been sentenced to federal prison terms ranging in length from 30 to 46 months"

    and i say again FELONY copyright offenses?? WTF?!?!?

    1. Re:Why is this a CRIME? by Anonymous Coward · · Score: 0

      its a crime because the corporations lobby congress to pass these laws and make it illegal. Maybe one day MS can have you arrested for using an "expired" copy of windowsXP. With enough campaign contributions, companies can rewrite the constitution.

      ive said it before: campaign donations should be illegal, there is ALWAYS an unstated agreement. They are buying laws.

    2. Re:Why is this a CRIME? by tromper · · Score: 1

      I've always found it interesting that the most talented people I've known have usually been the ones that were least interested in profit. What ever happened to science for the very sake of discovery and innovation? America has become a place where people feel that they should be compensated for every misfortune and expect property rights for every token thought. In the end, people that are willing to sacrifice everything for what they believe have the most to give. It sickens me that someone would rather restrict an advancement rather than risk not benefiting from it. 12 years ago as an undergrad I stood in awe in front of a piece of ENIAC (UofM EECS lobby) at 2am. I ended up "borrowing" (statute expired) a bulb, which I still have (I think LEDs weren't yet in production when ENIAC was built). I think Mauchley would have smiled!

    3. Re:Why is this a CRIME? by odin53 · · Score: 1

      Just wondering: why is a piece of ENIAC at UofM when it was invented at the University of Pennsylvania? I'm just curious. Did Mauchly[interesting exhibit on Mauchly] go to UofM?

  58. *Intellectual* property by Xipe66 · · Score: 1

    [i]Theft implies that the owner was deprived of his property.[/i] Ever heard of Intellectual Property? It may be a novel thing to you, but I assure you there is such a thing (yeah, I'm sure you could have written Beethoven's 9th, MS Word and Quake III Arena if you'd wanted to). I'm the first one to admit though that it's a faulty business model (especially for games and music, programs used in offices rather gains than loses from illegal copying by individuals), but that really doesn't change that it's immoral.

    --
    Civilization is the process of setting man free from men.
    1. Re:*Intellectual* property by Anonymous Coward · · Score: 0

      Intellectual property is an oxymoron.

    2. Re:*Intellectual* property by Anonymous Coward · · Score: 0

      I don't believe that intellectual property exists.

    3. Re:*Intellectual* property by Jonathan+the+Nerd · · Score: 1

      Intellectual property isn't actually property. If I write a program (or a book, or a symphony), I don't actually own it. What I do have is a temporary, government-granted monopoly on copying and distributing it. The purpose of this monopoly is to encourage production of other creative works, not to protect any rights I may have. If it were really my property, it would forever remain my property (or my heirs') unless I sold it or gave it away. No one can take my property without my permission (except the government, and even then they're supposed to give me fair market value for it). This principle has been establisted by centuries of common law. The fact that "intellectual property" eventually becomes public domain proves that it's not really property at all.

      --
      Disclaimer: The opinions expressed are not necessarily my own, as I've not yet had my medication today.
  59. If (you == !(lawyer){ by Gekko · · Score: 1

    It has monetary value. It is theft weather or not its 1's or 0's or an actually copy of the software. Copyright Infringment would be selling the game as your own.

    --
    I mod down any one who says "I'm sure I will get modded down for this"
    1. Re:If (you == !(lawyer){ by mav[LAG] · · Score: 2

      It has monetary value. It is theft weather or not its 1's or 0's or an actually copy of the software. Copyright Infringment would be selling the game as your own.

      You've beautifully highlighted just what a contradiction intellectual property really is. 1s and 0s can be perfectly copied at almost zero cost with no loss in quality and - most importantly - without depriving the owner of their original. So it therefore cannot be theft - since nothing was stolen. The monetary value that software authors impose is as a result of copyright - a tradeoff between the State and an author giving him a monopoly on his creation for a limited time.
      The real problem is that scarcity in the digital world doesn't exist, but that the baggage of copyright treats it as if it does. Result: making copies of material - a very natural human instinct - runs slap into those who benefit from the old system. Authors charging money for copies of the same bits over and over again seems to me to be the unnatural thing here.
      BTW, copyright violation applies to any violation of the copyright - not just appropriating someone else's work as your own.

      --
      --- Hot Shot City is particularly good.
    2. Re:If (you == !(lawyer){ by Anonymous Coward · · Score: 0

      copyright isn't natural by definition. It's a device created by the public to help the public, by rewarding the creators of content.

      However this doesn't mean you automatically have a right to whatever crap you create or even sell. You only have the right after the public gives you that right, to allow more and higher quality content to be created.

      This system gets into trouble due to pressure from content owners, because after a while they feel they have a natural right to protection from copying, instead of an artificial right given to them to help the public.

      To simplify, property rights and your rights to not be oppressed (free speech) are natural rights. This means they are backed by morality, and if you break them you are a criminal.

      Copy-rights and other artifical rights (rights to prevent fraud and other manipulations) etc, exist to make our society work more smoothly. These rights are not backed by morality, but by social science to help society function better. If you break these you are not a criminal, but deserve some punishment.

      We currently have a huge problem with our legal system because after centuries of law-making, the system has become complicated and people have forgotten basic principles.

  60. US Customs agents have the coolest names... by Anonymous Coward · · Score: 0

    ...but how did he pronounce it? Quintuple-X??

  61. Reverse Engineering by Trinton+Azaleth · · Score: 1

    It is a good thing people can't be locked up for their beliefs... but only their actions... Also, it is good that hackers can still write software freely, assuming they come up with it themselves, without getting locked in jail. That said, I think the future is in reverse engineering. I intend on making software that can reverse engineer commercial software effectively and easily. I intend to create the software by testing it on my own personally created programs. I will not run it on any system out there. I am writing my own OS and programming language for the purpose, from the ground up. When it is done, I will pass out the source code for all to have and do as they wish. What will be the result? The world will have to change to catch up with the amount of changes you can make to your own software at that point. No more repackaging and charging for the same old ancient crud. The only way to make money will be to write NEW software that is USEFUL.

    1. Re:Reverse Engineering by Anonymous Coward · · Score: 0

      Source Code contains language constructs and human readable comments. The language constructs are used by the compiler to generate an object file that can be run by the computer. The human readable comments are used by humans to understand, maintain, enhance and change the functionality of the software. No program can take object code and somehow figure out how to put human readable comments in it.

    2. Re:Reverse Engineering by Trinton+Azaleth · · Score: 1

      Look who knows so much. That is not strictly true. It is relatively easy to construct a huge database of known algorithms and source code equivalents and perform fuzzy pattern matching to generate source code. Also, using end interface analysis you can give realistic names to values... you really can decompile software. But hey, don't listen to me... do learn something, because obviously you are just spouting something you didn't figure out yourself.

  62. You're seriously misinformed about many things. by Gendou · · Score: 2

    In Article I, Section 8, the authors explicitly gave Congress the power "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries". The Consitution does not invalidate copyright, it explicitly grants it.

    I can play this game:

    [T]he manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
    ~United States Constitution

    So, is it illegal to buy alcohol in the United States? NO! Why? Because the text above (Ammendment 18) was later superceded by a later ammendment (Ammendment 21). In Constitutional law, when new ammendments conflict with old ammendments (or with the original Constitution document), the new ammendments supercede the old text!!! Look through an archive of the Constitution on the web, and you'll see that a good portion of the original document is crossed out in many copies, indicating that it has been superceded by later ammendments.

    Congress would have been granted the ability to authorize Copyright had the First Ammendment never been added, but in my mind, the First Ammendment calls into doubt the Constitutionality of the "progress of science" clause. Remember, NEW Constitutional text supercedes OLD Constitutional text whenever there's a conflict.

    Also, you say "The Consitution does not invalidate copyright, it explicitly grants it." Even if I'm wrong about the First Ammendment making copyright Unconstitutional, the Constitution never granted Copyright; rather, it granted Congress the ability to grant Copyright. Congress could revoke Copyright tomorrow and it would be 100% legal for them to do so. Congress has no obligation to grant Copyright, it just has the ability to grant Copyright, which I personally feel was overturned when the First Ammendment was added to the Constitution.

    According to the original Constitution, Al Gore would be Vice President right now, because he got the second-highest number of electoral votes for President. Why isn't he? Because that part of the Constitution was superceded by an ammendment.

    ALSO: how exactly does the government's current behavior with regard to copyright meet the "limited time" restriction, given that every 4 years or so, copyright is extended for another 5 years, meaning that copyrighted material just gets further and further away from the public domain as time goes on rather than closer and closer?

    ALSO:

    Which of the following is the latest Britney Spears album?

    1. Science
    2. Useful

    From where I stand, I don't see it as either.

    1. Re:You're seriously misinformed about many things. by SirWhoopass · · Score: 2
      In understand amendments. The issue is the intent of the authors regarding "freedom of speech". The first amendment was added very soon after the Constitution was originally ratified. It was almost part of the original document. In the writings of the time, I have never seen it mentioned that supporters of the first amendment were trying to ratify it in order to revoke the power to grant copyright.

      I agree with you about copyright extensions.

      Marketing is a science. :-)

    2. Re:You're seriously misinformed about many things. by jdavidb · · Score: 2

      I love your thought process.

      You need to learn how to spell "amendment." :)

    3. Re:You're seriously misinformed about many things. by Elwood+P+Dowd · · Score: 2

      Oh, come on. There's plenty of reason to believe that the first amendment and article 1 section 8 clause 8 were both intended to be in effect at the same time. You've got to make the next leap, from Randian quote-artist (not that you're doing that here) to a framer-focused constitutionalist.

      The folks that wrote and agreed to Article 1 Section 8 Clause 8 were all still paying attention when the first amendment was accepted (which was before anyone started ratifying anything). The folks that wrote the first amendment were all still paying attention when the first copyright law was enacted. If we used the standard of "what they said, not what they meant", we'd be in a really sorry place right now. Thankfully, given the writings at the time, we can usually tell what they meant. The framers intended a copyright. I'd also point out that they probably only imagined their copyright would apply to printed books, but... that's up to congress. Really. It's easy to read the constitution that way. It's hard to read it the way you describe.

      Your point about the limited times discussion is almost exactly right. In all other portions of the constitution, where the constitution describes a limit, that is interpretted to mean that there is a real ability that the congress does not have. Given the current system of continuous extension, there is no real ability that congress loses due to the "limited times" section of the clause. If the framers did not intend for there to be a loss of governmental ability, then why did they describe a limit?

      Also, as a Randian capitalist, you should know exactly what Britney Spears (or her album) is useful for: You can sell it! If they didn't want 1.8.8 to apply to such frivolous works, then their first copyright law would have been criticized. It waren't.

      You are, of course, totally correct that the constitution doesn't grant copyright. Congress could make a law tomorrow that no new works will have a copyright.

      --

      There are no trails. There are no trees out here.
  63. piracy is bad for open source by ahacop@wmuc.umd.edu · · Score: 0, Redundant

    i think piracy is bad for open source. if illegal copies of win2k and photoshop were not available then students and others who cannot afford expensive software would not use the software. thus, they would be look for cheaper or free alternatives.

    maybe?

  64. Ahahahahaaa! Loser. You got caught! by Anonymous Coward · · Score: 0

    Will the real men of the warez scene please stand up? When DoD went down, there wasn't even a noticeable decline in warez for 1 second.

  65. Duplicating data is REALLY EVIL! by Stoutlimb · · Score: 2

    I had a friend who went to jail for duplicating data. The problem was, he was using a color photocopier at his work to duplicate $20 bills. And all he did was use a photocopier!

    Other than that, I agree with your post... Much of this should be civil only. I also think that Corporations have so much power to put individuals behind bars, yet no individual can put a corporation behind bars. However, legally, corps are people too. I don't get it.

    Bork!

    1. Re:Duplicating data is REALLY EVIL! by Anonymous Coward · · Score: 0

      Nice try, but no cigar.

      Paying for something with phony money is fraud, a crime with a victim.

      Duplicating bits in the privacy of your own computer is a "crime" with no victim.

  66. Theft or not? by duck_prime · · Score: 2, Funny
    It is NOT theft. Theft is:
    (Websters [dictionary.com])1. (Law) The act of stealing; specifically, the felonious taking and removing of personal property, with an intent to deprive the rightful owner of the same; larceny."
    Maybe Websters just has an outdated business model.
  67. What about the Sherman act? by Anonymous Coward · · Score: 0

    If that was as well enforced as the DMCA, you'd have a lot of company in jail ...

  68. What line? by Anonymous Coward · · Score: 0

    Legally, it certainly is. And you'd likely be put away.

    Morally? You'd most likely die a hero.

    I won't even get into the fact that warez != cure for cancer. See the subject. Nothing ever has a line, nothing is ever black and white.

  69. Here we go again by Vox+Humana · · Score: 2, Informative
    No, you're violating a copyright. Stealing involves depleting a finite resource, copyright infringement involves violating a fixed-term government-granted monopoly on an idea or work. Stealing affects provable loss of a physical possession; copyright infringement dilutes the economic incentive set up by your government to promote the arts and sciences.

    No, it is stealing (as well as copyright violation.)

    Webster's NewWorld Dictionary, 2nd College Edition
    steal: 1. to take or appropriate (another's property, ideas, etc.) without permission, dishonestly, or unlawfully, esp. in a secret or surreptitious manner.

    Cambridge International Dictionary of English
    steal [cambridge.org]: to take (something) without the permission or knowledge of the owner and keep it

    • The boys were charged with stealing bikes from a house in Summerhill Rd. [T]
    • The number of cars which are stolen every year has risen considerably. [T]
    • She came home to find she'd had her TV and video stolen (=someone had stolen them). [T]
    • When the book was published we found that the author had stolen several of our ideas. [T]
    • The firm is now accusing a small band of its former employees of stealing trade secrets. [T]
    • They were so hungry they had to steal in order to eat. [I]
    • He has been convicted of stealing. [I]

    From these definitions, it is clear that the word 'steal' may be applied to the appropriation of ideas, trade secrets, and other non-physical assets (like copyrighted digital music.)

    1. Re:Here we go again by spitzak · · Score: 2
      Your second highlighted example of "trade secrets" is not applicable. It is a *secret*, which is certainly not true of a piece of music on a CD.

      I also believe your first highlighted example implies the ideas were secret (ie not yet published in the first person's book) but it is closer.

      However I agree with the majority of posters here that most people think of "stealing" as depriving somebody of something, and that all uses of "stealing" of music imply that the existence of the copy stole some potential future sales of it. However it is well established that depriving somebody of future sales is not theft, it is the normal functioning of a free market.

      If copying was really theft in most people's minds, there would be no need for copyright law, as there are much stronger laws covering theft. But there is a very good reason why copyright law exists: copying is not theft.

    2. Re:Here we go again by MrHat · · Score: 1

      You really should have bought that dictionary. They could have profited from everyone who just read this article, but here you are, stealing their ideas. Appropriating their information for others without permission. Republishing their hard work without consent.

      "Material on these pages is copyright Cambridge University Press or reproduced with permission from other copyright owners. It may be downloaded and printed for personal reference, but not otherwise copied, altered in any way or transmitted to others (unless explicitly stated otherwise) without the written permission of Cambridge University Press. Hypertext links to other Web locations are for the convenience of users and do not constitute any endorsement or authorisation by Cambridge University Press."

      Your mere cutting and pasting violates the inalienable property rights of Cambridge Press. You criminal. You thief. You insensitive clod.

      In all seriousness, that's quite a broad definition of theft. I'm not sure if you've ever been burglarized before, but comparing the "loss" of imaginary "property" to true physical theft is borderline offensive.

    3. Re:Here we go again by Vox+Humana · · Score: 1
      You are reading too much into the definitions, and ignoring the larger point. There's nothing there to differentiate between stealing secret ideas and published ideas. Are you saying that it is possible to steal intangible assets, but only if they are secret? The larger point is that 'steal' can be applied to non-physical assets, like ideas, in the first place, which is a refutation of the prior poster's point.

      As far as 'stealing music' not being theft, you are technically correct, in that the definition of theft refers only to the appropriation of property. However, I think it is wrong-headed to try to diminish the severity of copyright violation by arguing it isn't the same as the theft of a physical asset, and is thus less egregious.

      Here's why: Let's say you've stolen a copy of Photoshop, let's say you take it directly from Adobe to avoid the middleman. Now they catch you, and you are charged with stealing $500 woth of merchandise. Do you think a judge is going to buy the argument that you only stole $.25, because that's the value of the raw material & cost of physical production, and Adobe can just cut another CD for that amount? Me neither. The value of the stolen goods is primarily in the content, not the physical medium.

      So now, tell me why someone who obtains that same software from a warez site is not guilty of the doing the same amount of damage, minus the negligible worth of the physical medium?

    4. Re:Here we go again by Vox+Humana · · Score: 1
      Touche -- you got me on that one. I didn't even think to look.

      Somebody mod this bastard up. ;)

    5. Re:Here we go again by spitzak · · Score: 2
      I think the cost to Adobe is $25 in the case you specify. However I would certainly agree that I should be charged $500 or even more, as a punishment for doing something illegal. In the same way a copyright violator should also be charged more than the $0 cost, again as punishment. If punishment was only equal to cost then everybody would shoplift all items they wanted, even if caught 99% of the time.

      I could cause exactly the same damage to Adobe by making a competing product that was better and cheaper and thus depriving them of a sale, but for some reason that is not considered stealing but is actually considered the entire basis for the free market system. Oddly enough the result for Adobe is identical, yet one of these is definately not "stealing". That is why there are copyright laws, if it was "stealing" there would be no need for those laws, because stealing is illegal under different laws.

  70. You are an idiot. by Gendou · · Score: 2

    You have taken away the author's right to say who can have a copy of his work, and under what terms.

    No such right exists.

    Your logic:

    I hereby demand that you give me $50. If you DON'T give me $50, then you are stealing from me, because you have taken away my right to decide who must give me $50, and under what terms.

    That's your logic. But no such right exists.

    Your logic:

    I hereby demand that you punch yourself in the nose. If you DON'T punch yourself in the nose, then you are stealing from me, because you have taken away my right to dictate the interaction between your fist and your nose.

    That's your logic. But no such right exists.

    Your logic:

    I am the author of a book you bought last week. I decide I don't want you to have the book after all, and I demand that you return it to me and pay me $500 for the inconvenience. You don't get back the money that you spent on the book, because I get to dictate the terms here, buddy! If you don't give back the book that you paid for (and pay me $500), then you are stealing from me by taking away my right to decide who can have a copy of my work, what they can do with it, and how long they can keep it.

    That's your logic. But no such right exists. And you are an idiot.

    1. Re:You are an idiot. by Anonymous Coward · · Score: 0

      He's probably too busy watching your mom swallow a bucket of horse semen.

    2. Re:You are an idiot. by Xipe66 · · Score: 1

      Gendou, you're the worst kind of person (Hayek would probably have called you a 'useful idiot'). Someone who takes something good, i.e. objectivism, and then doesn't even make an effort to understand it.
      And then what do you do?
      Naturally you just *have* to go out and tell the world about that which you haven't understood, and in the process make all of us capitalists and objectivists look like fools in the eyes of other people (if they aren't smart enough to realize that you're as dense as they come).

      Read about objectivism and capitalism for a couple of years more, and discuss alot with your friends, because it's obvious you are a long way from understanding the foundations on which it rests.

      --

      --
      Civilization is the process of setting man free from men.
    3. Re:You are an idiot. by ObitMan · · Score: 0

      National Association of Marlon Brando Look Alikes?

      --
      Who run Barter Town?
  71. pinko situationist ranting by incrustwetrust · · Score: 1

    c'mon slashdot crowd, aren't we intelligent enough to realize that sin is an outdated thought process? the whole idealogy of "innocence" is something that needs to be forgotten with the majority of what is called christianity now.... christianity was a social movement which was good for when it started... it was something challenging the status quo... true, it still is with the progressive jesuits in central and south america... but i think generally.. as a society we should be able to push on past these "morals"... basic reason why the christian thoughts of innocence should be abolished: innocence was created and used by the christians to try and keep one from doing sin in the same way a lot of more modern revolutionary groups will claim something is "counterrevolutionary"... sin was designed in such a way so that if you did something that was not permitted by the church.. then you were doing something 'wrong' and should feel 'guilty.' what happens when people are limited from things with guilt trips? they do them anyway, AND feel guilty. the first showing that guilt trips such as "innocence" and "sin" are ineffective, the second showing that they are utterly unwanted(at least, IMO... to any person with any sort of sense)... i doubt tresco means half of what he said... he's saying it to look good... because he is going to be monitered more, and if the monitering shows him as regretful, then poof.. parole! to confront the thought that stealing/copying(i'm not going to confront the argument between those two words really.. although i agree it is the second of the two) from adobe/microsoft/whatever is wrong: in the case of microsoft, they have continually used tactics that are unhealthy to the general community of people who use computers.. and why? for little green pieces of paper. microsoft has probably set computers back more than i can imagine with their marketing techniques... so i completely support any copying of their software rather than giving them more of those green pieces of paper. in the case of products from places like adobe who i don't know as much as i probably should about... i have to view them from my view... which is that of a young-ish kid/adult/creature(depends on what numbers you designate as "kid" or "adult") who has grown up at poverty level.. jumping under and a little above constantly his whole life... who got his computer only because he was lucky enough to have a friend who had a lot more money than he needed and was surprisingly generous... i don't mean to sound like i'm giving a sob story, but sometimes i can't afford food... so yeah, i've stolen from supermarkets that would rather have me starve than give up a little food so i can eat. so i don't have money to buy these 700+ dollar software packages... even though i would like to use some of them! i have used photoshop before, and it's not that great in my opinion... i actually prefer gimp... but i know there are programs out there i would love to just try and see what i can do with... not to make money, but to just satisfy my curiosity and to produce things that i can be proud of. i am generally against intellectual property... saying this, i must also say i am generally for software developers eating. but i feel as a society we must go through a full cultural revolution before we kill ourselves... intellectual property is ridiculous on the aspect that.. how can you own a sound? some text? a little bit of code? a graphic? intellectual property was a ridiculous, and completely unproductive idea... when one person 'owns' it, and you can't take it and alter it to make it better... things are so much more stagnant than they should be. this is why i support the open source community, but i think it needs to go further than this. very much so.... and since this point has been nagging my mind since starting this reply.. i might as well voice it.. i would not participate in the warez community as it is right now... one simple reason: it is incredibly easy to catch those involved... and i don't feel like spending any part of my life even more confined than i am... the warez community needs to work on making things untouchable, or as close as it can get to this... from there the warez community needs to get itself some positive attention and actually gain some beliefs that stimulate their warez trading.. rather than this disconnected amount of people with all differing reasons going to ftp's... from there the warez community could do more for the all people who use computers than linux has, i think... because if we could keep ahead of the feds, we could really force companies into changing themselves... oh yeah, all of you dang /. users need to do some reading on the spokane, washington free speech fight... they can't jail all of us if we just organize!

  72. Sigh. by Gendou · · Score: 2
    Uhhhh.... Rationalization anyone??? IT'S STILL AGAINST THE LAW!

    Sigh. I know I shouldn't respond to trolls.

    Rosa Parks refusing to move to the back of the bus was against the law.

    The American Colonies rebelling against the United Kingdom was against the law.

    Helping slaves escape from their masters was against the law.

    Owning alcohol in the United States was against the law.

    Women voting was aginst the law.

    ANYONE voting is against the law in non-democratic countries.

    Owning a Bible is against the law in most of the world.

    Criticizing the government is against the law in most of the world.

    Smoking pot is against the law.

    Self-defense is against the law in many places.

    A woman appearing in public with her face uncovered is against the law in many places.

    Unmarried sex is against the law in many places.

    Homosexuality is against the law in many places, and used to be illegal almost everywhere.

    WHO FUCKING CARES if it's against the law? A whole damn lot of things are against the law. Be more original when you troll.

    1. Re:Sigh. by glhturbo · · Score: 1

      The original post was a whining rant that Tresco shouldn't do time because he "did nothing wrong". My response was simply that he should do time because he did break the law.

      If you have unmarried sex in a place where it is against the law, don't complain when you get caught. You *knew* it was against the law, you did it anyway, so pay the price.

      All this "high and mighty" is deflecting the real issue. warez is IN NO WAY, NOR WILL BE AT ANY TIME the moral equvalent of slavery or civil rights...

    2. Re:Sigh. by runderwo · · Score: 1
      warez is IN NO WAY, NOR WILL BE AT ANY TIME the moral equvalent of slavery or civil rights...
      Presumptuous of you to claim that. Where are your sources?

      There are a lot of people fighting for information freedom in an increasingly locked-down digital world. Once all information is available in digital form only, and we have to pay a price for each access of that information (if we are even allowed to access it), you might re-think your position. By then it'll be too late though, and if you're lucky, you will have been saved by the very people you decry right now.

    3. Re:Sigh. by glhturbo · · Score: 1

      Do you also think all physical products should be free (beer and speech)?

      If not, why not?

      What is the differemce between distributing warez and stealing cars?

    4. Re:Sigh. by runderwo · · Score: 1

      See my longer reply to your other post. I hope you are willing to consider that others have different perspectives on the matter.

    5. Re:Sigh. by Gendou · · Score: 2

      Do you also think all physical products should be free (beer and speech)?

      I believe that once you own something, you should be free to do with it whatever you want (other than bashing someone in the head with it, or something violent of that nature, of course). It's wrong to tell someone else what they can and can't do with their own property. If I buy a copy of that song, that song is my property, just like if I buy a copy of a car, that car is my property, and I should be free to give it away or sell it to whoever I want!!!

      I'm getting pissed off at your Communist-In-Capitalist-Clothing game. If this were Kuro5hin, I would give you a "1" or "0". This being Slashdot, all I can do is mark you as a "Foe".

      Learn more about what I believe at The Ayn Rand Institute and The Libertarian Party. Read them, educate yourself, become a better person. And don't troll Slashdot.

    6. Re:Sigh. by vegetablespork · · Score: 1

      Might have something to do with the fact that stealing a car means the victim doesn't have a car anymore, while distributing warez doesn't diminish the amount of software that exists (lame economic theories that postulate that 14 year olds would spend $500 for Photoshop aside).

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    7. Re:Sigh. by glhturbo · · Score: 1

      If you buy a car, you certainly can sell it or give it away, and nobody is arguing that. But making an exact copy, keeping the original, and giving the copy away is something else entirely...


      Read them, educate yourself, become a better person


      So if I don't agree with you, I'm automatically a bad person?


      And contrary to your beliefs, I am *not* trolling ... I truly believe that warez is wrong...

    8. Re:Sigh. by SwissCheese · · Score: 1

      This is where I disagree. When you buy a cd, you don't own the song. You only own the cd it came printed on. You possess a license to listen to the song. You can't resell the song, because you don't own it. You can't reproduce the song for distribution, because you don't own the the license that grants you these rights.

    9. Re:Sigh. by vegetablespork · · Score: 1

      You raise a good point. If I buy a car, I can give it or sell it to whomever I want to. But with software, I supposedly only "license" it, never own it, and can't transfer it without the publisher's permission (assuming binding shrinkwrap licenses, which is a stretch). So, since I can't own software, how, then, is it possible for me to "steal" it?

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    10. Re:Sigh. by Anonymous Coward · · Score: 0

      When you buy software you enter into a implied contract in which you agree to not copy the software for others. Otherwise they wouldn't sell it to you in the first place. So, you are not "told what you can do with your own property", you agreed to give up one of your personal rights ("use your computer as you see fit") in exchange for the software when you engaged in the transaction. Not every contracts needs to be written out, you know.

    11. Re:Sigh. by Anonymous Coward · · Score: 0
      > If you buy a car, you certainly can sell it or give it away, and nobody is arguing that.

      > But making an exact copy, keeping the original, and giving the copy away is something else entirely...


      Yeah, and will stay entirely different until cheap matter-replicators have become good enough. At which point Joe Sixpack will understand the concept of zero-cost-duplication. And I bet he won't accept that he may not duplicate his own property with his own replicator.

    12. Re:Sigh. by Anonymous Coward · · Score: 0

      If you buy a car, you certainly can sell it or give it away, and nobody is arguing that. But making an exact copy, keeping the original, and giving the copy away is something else entirely...

      So, if I create a matter duplication device that instantly obsoletes all corporations, it would be your opinion that making use of this technology would be copyright infringement, and the starving people in various nations should continue to starve and suffer to ensure that farmers continue to make money?

      If I could duplicate my car, on my own time and expense, exactly WHY shouldn't I be allowed to give that car to a friend? Why shouldn't I be allowed to sell it? Because Mitsubishi made my car, and they're entitled to make a profit off my friend? Fuck off.

  73. Semantics: 'wrong' vs. 'illegal' by Xeger · · Score: 3, Insightful

    You need to be very careful when you ask if it's "wrong" to do something. In all cases, if the cure for cancer is patented/copyrighted, and you do not have permission from the owner of the rights to redistribute the cure, then yes, stealing the cure for cancer is "wrong" in the sense that it is illegal. By stealing the cure for cancer, you're depriving the owner of his rights.

    However, it is "wrong" for the owner of the cure to withhold it from the world in the first place, in the sense that it is immoral.

    So here we have a sticky situation: he's doing something wrong, you're doing something wrong in order to counteract the effects of his doing something wrong. Do two wrongs make a right? No; they don't cancel each other out. But your wrong cures the world of cancer, whereas his wrong prolongs human suffering.

    Given the choice in this situation I would steal the cure for cancer every time, and damn the jail sentences. Ultimately, the effects that your actions have on the world matter much more than whether they weigh as right or wrong on someone else's moral scales.

    Of course, warez are not a cure for cancer. They're a relief valve, a way for people who cannot afford the exhorbitant price of commercial software to obtain the benefits of that software without selling a testacle to do so. Warez are wrong, but that has never stopped me from engaging in light warez trading, and it never will. I'll buy the games and apps I think are worth the price, but if I can't afford it then I wouldn't have bought it in the first place, and I'm not hurting anyone by stealing it.

    Marijuana is illegal, despite the fact that it is neither wrong nor harmful, and would save countless lives if legalized--from medical marijuana users, to people who smoke deadly cigarettes because they are "right," to the thousands of people who are killed or exploited every year in the underground drug trade.

    Until recently, the perfectly normal act of homosexuality was illegal, despite the fact that it is a naturally occuring biological phenomenon.

    The Patriot Act and DMCA have made free speech illegal in circumstances, despite the fact that our nation was founded on the belief that free speech is an inalienable right.

    Right and wrong have nothing to do with legal and illegal. By diluting the lawbooks with meaningless rubbish, legislators are depreciating the value of the judicial system in the eye of the common citizen. I cannot abide by a system of laws that I do not respect. If you wish me to follow the reasonable laws, then get rid of the unreasonable laws, and show me that the legal system makes sense.

    1. Re:Semantics: 'wrong' vs. 'illegal' by f00zbll · · Score: 1
      Along those lines of thinking, there's the concept of "there is no natural law". All laws are only as powerful as the citizen's respect and obedience to them. If certain laws are detrimental to a majority of it's members while benefiting a select few, then the law in essence is no longer a law. Sure it may still be written down and stored in the library of congress, but a law without the support of it's citizens isn't a law.

      Whether something is wrong, right, legal or illegal are all artificial guidelines created to promote stability. At the core of the warez issue is really the battle for self expression. Or atleast I like to think it is.

  74. Re:Hello! RE: MICROSOFT HAX0RING by 613746 · · Score: 0

    How is that a troll, you fucking moron?

  75. Re:Why is this a CRIME. BECAUSE people DO get HURT by darkPHi3er · · Score: 4, Insightful
    without taking a position on the DOD case(one way or the other, i don't know the specifics of the case well enough)

    It's a ***FELONY*** because it's a combination of a variety of PROPERTY crimes, including THEFT, FRAUD and DISTRIBUTION of stolen property.

    Would we argue the nature of this if someone had broken in an electronics warehouse or a bookstore or a Costco and taken an equivalent dollar amount of goods and given them out to their friends?

    I doubt it.

    However, because software is "intangible" in nature compared to a frozen cheese pizza or bottle of Jack or Sony Walkman, some of us look at it differently.

    However, the manufacturers of the software have to pay ALL those same expenses that Sony does.

    They have to pay executives, engineers, marketing staff, assembly workers, packaging, warehousing, shipping, et al.

    When you distribute a stolen copy of a piece of software and by so doing, reduce the numbers of copies that will be sold, you make it harder for a company to survive.

    While it's easy to imagine that every s/w company is a MS, Oracle, IBM or Sun, it's not true.

    Most s/w companies are much smaller and are fighting for their survival on a daily basis.

    And we all have to wonder what would have happened to our entire marketplace, if their had been less piracy.

    What would have been the fate of WordPerfect Corp, Lotus, Novell, and many other dead products if there had been less piracy?

    What impact on Apple's conversion from a $10BN a year company to $1+BN company?

    There have been many jobs lost, products destroyed and careers sidetracked in our industry by sales declines.

    Sone of these SURELY have been as a result of warez.

    If you lost your job and maybe your family, and knew warez had been at least partially responsible, how would you feel about warez?

    --
    Ten quid, she's so easy to blind. And not a word is spoken...
  76. The standard of a crime's seriousness by Anonymous Coward · · Score: 0

    It is indeed sad, and I personally think the punishment may be a little harsh, but if we measured the seriousness of a crime based on intent, we'd be in trouble.


    Neither should we measure a crime by how much money it supposedly has cost a corporation. For people who do measure crimes thusly, it entrusts to corporations the power to price our activities in any way they see fit, and corporations are not guided by the public good.

  77. Historical perspective. by Gendou · · Score: 2

    "On a morality basis, Mr. Tresco isn't even a gnat on an elephant's ass. He is a common crook, plain and simple."
    ~You

    "On a morality basis, Harriet Tubman isn't even a gnat on an elephant's ass. She's a common crook, plain and simple."
    ~Your great-great-great-great-grandfater.

    History puts things in perspective. The future will put the present in perspective, and your great-great-great-great-grandchildren will gasp in disbelief when they study history, and they will wonder, "Did people back then REALLY support locking people in cages for sharing stories and songs with friends and family?" Their teacher will say, "Yes, it was against the law back then. But those were different times, before people valued freedom." They'll look at the 20th century the same way we look at the 19th.

    1. Re:Historical perspective. by glhturbo · · Score: 1

      OK, cool, so it's OK if I come to your house and "share" your TV, your car, your computer, and anything else I can find without your permission?

      What is the "freedom" that is being taken away by content providers and copyright holder saying you cannot distribute copies of their stuff?

      Why is warez sharing different from me stealing your car, and giving it out to whoever wants it?

    2. Re:Historical perspective. by runderwo · · Score: 1
      I'll bite.
      OK, cool, so it's OK if I come to your house and "share" your TV, your car, your computer, and anything else I can find without your permission?
      This is utterly idiotic. Nobody here is arguing about physical property rights.
      What is the "freedom" that is being taken away by content providers and copyright holder saying you cannot distribute copies of their stuff?
      The "freedom" is the fact that ideas represented in digital form can be duplicated and disseminated for zero cost. The fact that there is inherently no scarcity to the medium, lends itself to the idea that it was a medium meant to be free of restriction in regards to duplication.

      However, we are attempting to apply concepts of capitalism, which requires scarcity to function, to the realm of ideas, which have no inherent scarcity aside from the original creation of the idea.

      A piece of software is an idea just as much as a movie, a song, or a book. As soon as it is represented in digital form, it becomes information rather than a scarce object, and thus is subject to a whole different realm of natural law.

      However, copyright holders would have you believe that this is not the case, and that "piracy" == stealing. Under the current legal system, this might be the overwhelming status quo, but there's nothing that naturally says that creators of ideas have property rights to those ideas.

      So remember, IP law is the result of a system attempting to artificially create scarcity in something that isn't scarce to begin with. The freedom that is being lost is the freedom to share information, because we have decided that it's easier for companies to make money that way. Well, no shit it's easier for companies to make money that way -- and that's the problem, in that it ignores the desires of the public and shifts the balance toward IP-hoarding companies.

      Why is warez sharing different from me stealing your car, and giving it out to whoever wants it?
      Utterly idiotic. If you can make an exact duplicate of my car without harming the original car, and give it out to anyone who wants it, feel free. Otherwise, your analogy is without merit.
    3. Re:Historical perspective. by glhturbo · · Score: 1

      The "freedom" is the fact that ideas represented in digital form can be duplicated and disseminated for zero cost



      But it still costs money *up-front* to write the program, debug it, market it, improve it, etc. It also costs money up-front in the music and movie businesses too. How are providers supposed to recover those costs and make a profit?



      If you can make an exact duplicate of my car without harming the original car, and give it out to anyone who wants it, feel free. Otherwise, your analogy is without merit.



      *YOU* don't care, but I'll bet the car manufacturer cares, because that's one car less he could have sold to recover his costs (yes, yes, and make a profit too). Since it cost money to *develop* the product, and to *market* the product, and to *improve* the product, why shouldn't you have to *pay* for the product? Under your logic, once a single CD is sold, the product is then "represented in digital form", and the seller can do nothing to prevent unlimited copies from happening, thus never recovering his costs, or making a profit.



    4. Re:Historical perspective. by vegetablespork · · Score: 1

      I think it's more likely that they'll say "You mean people were able to get away with billions of dollars in copyright theft and get a mere 33 months in prison? It wasn't a capital offense back then? Ghastly."

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    5. Re:Historical perspective. by Anonymous Coward · · Score: 0
      But it still costs money *up-front* to write the program, debug it, market it, improve it, etc. It also costs money up-front in the music and movie businesses too. How are providers supposed to recover those costs and make a profit?

      To me, it indicates that companies that are in the business of selling ideas have simply found themselves in the wrong business with the advent of the Internet. Rather than adapt their business models to suit the market or go out of business, they use their political power to silence and imprison those who disagree with their ideas on how their products may be used.

      In other words, this is not a free market at work. This is fascism, in that the government is finding itself to be the sponsor and caretaker of corporate power.

      To answer your point, I shed no tears for those who would lock away freedom in the name of self-preservation. This includes companies who have built themselves on selling information and ideas, and who are finding it impossible for their "products" to remain scarce with the advent of a global digital network.

      Under your logic, once a single CD is sold, the product is then "represented in digital form", and the seller can do nothing to prevent unlimited copies from happening

      Correct! You win a prize. I don't see the basis for your claim that this is a reason for promoting IP protection laws, however. That is a complicated solution to the problem that restricts freedom in the process. Occam's Razor would say simply that if we can't prevent information from being copied, we should look for other business models besides selling information.


      IOW, if it costs me $foo to develop this product, and $bar to market it, and the sales can't recover $foo + $bar due to widespread digital copying, my opinion is that I should rethink my business plan.

      Your idea, however, is that I should request a law to preserve my business plan and guarantee me a profit, which as a proponent of individual freedom, I cannot agree with.

    6. Re:Historical perspective. by runderwo · · Score: 1
      But it still costs money *up-front* to write the program, debug it, market it, improve it, etc. It also costs money up-front in the music and movie businesses too. How are providers supposed to recover those costs and make a profit?

      To me, it indicates that companies that are in the business of selling ideas have simply found themselves in the wrong business with the advent of the Internet. Rather than adapt their business models to suit the market or go out of business, they use their political power to silence and imprison those who disagree with their ideas on how their products may be used.

      In other words, this is not a free market at work. This is fascism, in that the government is finding itself to be the sponsor and caretaker of corporate power.

      To answer your point, I shed no tears for those who would lock away freedom in the name of self-preservation. This includes companies who have built themselves on selling information and ideas, and who are finding it impossible for their "products" to remain scarce with the advent of a global digital network.

      Under your logic, once a single CD is sold, the product is then "represented in digital form", and the seller can do nothing to prevent unlimited copies from happening
      Correct! You win a prize. I don't see the basis for your claim that this is a reason for promoting IP protection laws, however. That is a complicated solution to the problem that restricts freedom in the process. Occam's Razor would say simply that if we can't prevent information from being copied, we should look for other business models besides selling information.

      IOW, if it costs me $foo to develop this product, and $bar to market it, and the sales can't recover $foo + $bar due to widespread digital copying, my opinion is that I should rethink my business plan.

      Your idea, however, is that I should request a law to preserve my business plan and guarantee me a profit, which as a proponent of individual freedom, I cannot agree with.

    7. Re:Historical perspective. by runderwo · · Score: 1

      Ignore this post and reply to the other one, I accidentally posted anon.

    8. Re:Historical perspective. by isorox · · Score: 2

      Their teacher will say, "Yes, it was against the law back then. But those were different times, before people valued freedom." They'll look at the 20th century the same way we look at the 19th.

      Oh I hope so, I really do. I'm afraid that it's equally likely that the world will go the other way. the future will be less tollerant and free then afganistan under the taliban.

    9. Re:Historical perspective. by Gendou · · Score: 2

      There are two possible ways the future can go: good or bad.

      I prefer to be an optimist. The future might NOT turn out well, but I prefer to hope that it will, and at the same time to my best to make sure that it does.

      The pessimist position is a very important one, too, because it can help us see how things might turn out if we DON'T fight the good fight.

      I personally think that in the future, Intellectual Property will be a thing of the past, but if we don't work hard to make this happen, we could just as well go the other way.

      RMS's The Right to Read is a WONDERFUL and chilling document that'll describe what the future will be life if the concept of Intellectual Property continues to grow out of control.

      Read this, and don't let it happen!!!

    10. Re:Historical perspective. by Linux_ho · · Score: 2

      Why is warez sharing different from me stealing your car, and giving it out to whoever wants it?

      Well, for one thing, if you steal my car, it's a total loss for me. I can't sell that car to someone else, because it's gone and I don't have it anymore. If you're distributing illegal copies of my software, all I lose is potential sales. Honest people, who comprise most of my customers, will still buy the software from me.

      Now, aside from all that, I don't think anyone in this entire discussion has said that distributing warez is OK, or moral, or denied that it is breaking the law. Everyone here agrees that it's wrong. He DID commit a crime. It WAS wrong of him to do so. He SHOULD be punished. What we have been trying to pound through your thick skull is that a two year sentence for distributing warez (which is LONGER than one you would get for stealing cars) is ridiculous. Just because a law is on the books doesn't make it right.

      --
      include $sig;
      1;
    11. Re:Historical perspective. by vegetablespork · · Score: 1

      I sincerely hope you're right, but the people with the money and the guns are working for the pessimistic scenario.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

  78. Somewhat misleading stats by realgone · · Score: 4, Informative
    Fine, fine -- I'll be the one to club the baby seal. Yes, I do doubt the claim and the statistics used to back it up. Here's why: The RAINN release cites this NCPA study as the source for those "expected sentence" stats. What the release omitted, however, was the NCPA's definition of "expected sentence," which reads as follows:
    "The best overall measure of the potential cost to a criminal of committing crimes is 'expected punishment.' Roughly speaking, expected punishment is the number of days in prison a typical criminal can expect to serve per crime, as determined by the probabilities of being apprehended, prosecuted, convicted and going to prison, and the median months served for each crime.
    Rape has long been considered an under-reported crime that's tough to prosecute (often ending up as a 'he-said, she-said' situation at trial). When all this gets averaged into the derived "expected sentence," you end up with a number that looks far skimpier than the actual sentences handed down to convicted rapists.

    As for the unweighted numbers? Here's some data from a US DoJ report, which combines first- and second-degree rape:

    The average sentence for criminals convicted of rape in the United States (and released in 1992) is 117 months. The average time served is 65 months, which equates to 56 percent of the actual sentence served.
    Still leinent by many standards, but not nearly the disaster that the RAINN release makes it out to be.
    1. Re:Somewhat misleading stats by pbuxton · · Score: 1

      God, I think you're sexy when you club baby seals.... Mod this parent up!

  79. slashdot ethics by 2MuchC0ffeeMan · · Score: 2

    making DeCSS so piracy can run rampant (but has a legit excuse to run dvd's on linux) is fine

    'stealing' something that wasn't going to be bought anyway = bad. how many people actually were going to buy doom as the disks went everywhere? how many LEGIT people bought doom so they could have their own copy. this also goes into (audio) cd sales... nobody translates the logic though.

    score -1, truth troll.

    --
    Runnin' On Empty .... I'm Still Alive
    1. Re:slashdot ethics by Anonymous Coward · · Score: 0

      2muchcoffee man popping up again like a snake in a hole, stick to currying your 0day warez for pureiso or whatever shitty little efnet group you run

  80. Take the easy way out. by EvilNight · · Score: 2

    Stop using commercial software. Completely. I'm quite serious.

    Back in the day when the 80s warez scene was going strong, we really didn't have that option. Enter Linux/GPL/OSS software. These days, I can do anything on OSS that I can do on commercial software. Why the hell would I pony up $500 for Photoshop when Gimp can do almost everything Photoshop can do? Why spend $300 on Windows when Linux is storming up behind it and will soon pass it in features, reliability, and usefulness? Use free databases, tell Oracle to stuff their $20,000 per processor license up their ass. I'm not paying any company enough money to buy a decent car for a bunch of ones and zeros. To me, that's blatant extortion.

    So I'm taking myself out of the loop by learning to use all of the free stuff. Not just me, either... we've been offering open source solutions along with closed source solutions regularly to our customers, and since about 8 months ago they have been going 100% with the open source solutions because the price tag difference is stunning.

    Sure, there might be a few applications that you simply cannot find oss solutions for. Those are few and far between now, and they are going to get a lot fewer and farther in the future. Itches to scratch, and all that.

    Microsoft was right... OSS was very much like a cancer. It's a cancer of the software industry, and hopefully one day it will kill its host and provide all of us with a great deal more freedom than we have right now. If you think that sounds laughable, just remember that until about 5 years ago very, very few people had heard of Linux. These days it is a household word among anyone who uses a computer.

    --
    Hell is being intelligent in a world full of idiots.
  81. Your facts are all wrong. by Anonymous Coward · · Score: 0

    That 12-year-old secuded me!!!

  82. Why would anyone want to steal software? by Daniel+Zappala · · Score: 1

    Most software sucks.

    Spend your time more wisely. Write your own.

    1. Re:Why would anyone want to steal software? by Anonymous Coward · · Score: 0


      Hey everyone! DANIEL ZAPPALA IS COOL!

      (just helpin' ya out, buddy)

    2. Re:Why would anyone want to steal software? by Anonymous Coward · · Score: 0
      Most software sucks. Write your own.

      Nice opinion, but here's the downside. In order to write software you need:

      • the knowledge of how you should write software, and specific knowledge about what you're going to program
      • the skill to write that kind of program
      • the endurance and willpower to stick to it, and not wave it off as futile attempt #402
      • free time to create this software

      I'm not saying that not being able to program is a valid excuse for pirating software, but I'd hate to write an image editor because I can't afford photoshop and I think Gimp sucks. In fact, to be honest, I don't have the knowledge to write a decent image editor, I don't have the willpower to work on this as image editing intrests me very little, and I certainly don't have the time.

      My job is programming stuff... One day I could be writing part of an accountancy suite, the next day I could be writing a dns administration tool. When I get home, I spend my time more wisely, as you suggest. I spend it reading a book, watching TV, playing a game or even go visit a friend. But 90% (if not more) of programmers do very little programming in their free time, merely because we don't have the willpower to spend even more time in front of a computer writing software.

  83. Ob. Office Space Quotes by Anonymous Coward · · Score: 0

    Rob Newhouse: You know, minimum security prison is no picnic. I had a client in there once. He said the trick is kick someone's ass the first day, or become somebody's bitch. Then everything will be alright.

    Michael Bolton: We're not going to some white collar resort prison. No, no, no! We're going to federal POUND ME IN THE ASS prison!

    Lawrence: [as Peter leaves to confess to Lumbergh about stealing money, knowing he may go to prison] "Peter ... Watch out for your cornhole..."

    All stolen from IMDB.

  84. Your prices are wrong. by Andy+Dodd · · Score: 2

    Photoshop is more like $700 or so, the academic version is $200-250 alone.

    That's INSANELY expensive for a high school student, and pretty damn expensive for a college student.

    I'd have to say that at least Microsoft is doing better than Adobe in this regard - Their academic discounts are MUCH better than Adobe's.

    Adobe Premiere academic is $250 - The full version with a Firewire card is available for $300 from ADS Systems. (Look around on Best Buy's website, the kit is somewhere there. Try searching for 1394)

    --
    retrorocket.o not found, launch anyway?
    1. Re:Your prices are wrong. by DragonMagic · · Score: 2

      First off, the Academic Versions are made for COLLEGE students, not high school students.

      Secondly, Adoble has an LE version for those who need it to do less, or just learning it, that's way cheaper.

      Thirdly, there are other graphic suites out there. Try iGrafx, The Gimp, etc. Plenty to go around.

      It's stupid to justify that piracy is necessary because one can't afford the TOP of the line, when there are free versions of nearly any type of software out there.

      --

      Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
    2. Re:Your prices are wrong. by fenix+down · · Score: 1

      LE is pretty useless for "learning" Photoshop or whatever. I doubt anybody needs a week of practice to learn what the button with the pouring paint bucket means, and LE cuts out all the features that do take work to learn how to use.

      I completely agree that pirating Photoshop is pretty stupid, though. If you actually need CYMK color, I'm pretty sure you can spend half a grand on the software. If you're not using the features, you're just going out of your way to get a horribly bloated program.

  85. Re:sanskrit not spoken? by Anonymous Coward · · Score: 0

    In my misspent youth I was a Hare Krishna. We got up before dawn to chant verses from the Bhagavad-Gita and Srimad Bhagavatam, both of which are written in Sanskrit. Granted, Sanskrit isn't anyone's first language but it definitely can be and is spoken.

  86. You are an idiot. by Anonymous Coward · · Score: 0

    Aren't you late for you NAMBLA meeting?

  87. Microsoft piracy by nebby · · Score: 2

    Microsoft doesn't care about piracy by college students. We can DOWNLOAD any Microsoft software we want (CS majors at Cornell) from the network after we sign a form saying we're using it for non-commercial purposes. If we don't want to use a CDR, 9 times out of 10 a CS student can ask the MS rep on campus for a copy of whatever CD or whatever MS press book they want.

    It's unfortunate that all software is not available in this manner -- if it were, I'd be much more prone to supporting the notion that all piracy is bad.

    --
    --
  88. Mod This Up! by DragonMagic · · Score: 2

    Mod this one up. Sound reasoning that most everyone can understand!

    --

    Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
    1. Re:Mod This Up! by Suppafly · · Score: 2

      Sound reasoning that most everyone can understand!


      Except its not, and it also doesn't address any of the initial points of the post that its replying to..

      If you drive on a toll road, you are physically degrading it somewhat and your toll goes to pay for it.. if you copy software that you wouldn't have boughten anyway, you aren't costing the company anything..

    2. Re:Mod This Up! by jhoffoss · · Score: 2

      You are using software for which you do not own rights to use. That is theft, call it what you will though. You received goods/services without paying.

      IMO the "I would have never bought it" argument ONLY holds up in a situation where you're young and into graphics in a big way, and are going to make that your life's passion. Then you getting PS before you can afford it, and hone your graphics skills before you even graduate HS is an advantage to you (more employable) and your future employer (more productive, better quality work). And in that situation, your employer would then be paying to keep your PS at work up to date.

      But even in this situation, you could have gone to your local college, found a student with a few extra minutes and had him buy you an educational copy for $99. You then pay both for the initial creation and the upkeep of the software.

      If you don't like paying for it, fdisk and install Linux and forget about commercial software. Stealing is not an option if you hold any values at all in our legal system.

      --
      Linux: The world's best text-adventure game.
    3. Re:Mod This Up! by DragonMagic · · Score: 2

      Yes, one thing that still boggles me on Slashdot, is how much people will be in an uproar when the MPAA or RIAA or whateverAA is trying to reduce what they feel are their rights, or actually are their rights, but when it comes to OTHERS rights when certain people want to get something from it (free music, free commercial software, etc.), they make excuses while doing so.

      If the MPAA/RIAA/ETCAA are all evil for stomping on your rights, aren't people just as evil for stomping on software makers/musicians' rights to get these for free, even if they weren't going to buy them?

      Just asking, not trolling.

      --

      Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
    4. Re:Mod This Up! by cduffy · · Score: 2

      If the MPAA/RIAA/ETCAA are all evil for stomping on your rights, aren't people just as evil for stomping on software makers/musicians' rights to get these for free, even if they weren't going to buy them?

      It's a different scale. The MPAA harms *everyone* when they create a new, restrictive law. A pirace harms far fewer entities when they illegally copy a work to which they have no right. Yes, neither is right -- those who defend music piracy annoy me as much as anyone else (particularly when others assume that I'm trying to defend the pirates when I point out that copyright violation and theft are two different things). That said, given the choice between trying to stop Mary Joe from illegally copying a piece of music and stopping Senator Joe from legislating away everyone's rights... well, the latter is the case I care about.

      Don't think that all those who distinguish between copyright violation and theft are "making excuses". Just because copyright violation and theft are two different things makes neither excusable.

    5. Re:Mod This Up! by jhoffoss · · Score: 2

      I agree on each of your points.

      As for movies/music, (I'm sure it's been said many times, but still a valid point) the MPAA/RIAA [more or less] totally control the movies you can see and the music you can hear. Yes, you can find indie films, but that's damn difficult if you're in a rural area (or at least not a metropolitan area), and the same goes for indie music. This is where things like divx/vcds and mp3s come in. Garage bands with a bit of equipment can throw together recordings and release album upon album [essentially] for free for the world to consume. (Yes, they had to buy the equipment, but chances are if they're geeky/into it enough, they bought the equipment anyway.) Indie film makers/enthusiasts can take a digital video camera and record/edit/produce a film and provide it for download.

      This entire process circumvents Hollywood/big business altogether, allowing for much more bad movies/music, but also much more good/great/groundbreaking/mediocre/orgasmic products to be released, over a period of time. And the attacks on mp3 trafficking/file-sharing and vcd movies hurts this area much more than it hurts the commercial artist.

      Granted, movie and music exchange of this type has yet to really become more popular, but I think if enough people can get with one site/program that does this (with LEGALLY released material, _ONLY_) it could become popular with a wider audience. It will never take over the big business, but if we can legally take away a chunk of business and give even part of that to the small indie artists, we'd be one step closer to saving the world. And who doesn't want to save the world?

      --
      Linux: The world's best text-adventure game.
  89. Other crimes look better now! by Anonymous Coward · · Score: 0

    Just think, If you stole stuff and sold it you would have been better off. At least you would have gotten money from the theft. In fact, you probably would have gotten less time for killing someone! After all, people aren't all that important, right?

  90. Parole hearing by Perianwyr+Stormcrow · · Score: 2

    Hopefully you'll present this list at your parole hearing. No doubt you'll look a lot better than most that show up there.

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

  91. While somewhat true, this *IS* organized crime. by cybrthng · · Score: 2

    Wrong or right, civil or criminal, this was an "Organized Crime Ring".

    While its intents and purposes wasn't directly for the re-sale of pirated software, it was an organized crime ring transporting STOLEN GOODS.

    This isn't someone copying a CD and violating the COPYRIGHTS of the software, this is basically "druge dealing" with the drug being the software.

    This isn't corporations having more rights, this is corproations, small business and small developers protecting THEIR OWN RIGHTS!

  92. Re:Hello! RE: MICROSOFT HAX0RING by Anonymous Coward · · Score: 0

    I wrote the fucking thing with the intention of getting stupid responses from people like you. If that's not a troll, I don't know what is.

  93. Yeah Right... by Coppit · · Score: 3, Funny
    I can see it now...

    Tresco typing: ... it is absolutely wrong to steal software from a company.

    <gag><gag>

    Tresco thinking: the crap I have to go through for early parole.

  94. Tainted Interview by Outland+Traveller · · Score: 1

    Well, this seems like a disappointment. Although you could take the interview at face value, it looks like Chris wrote these responses with an eye toward paroll.

    Not that I blame him, but it's too bad we couldn't fast forward a few years and ask him the same questions when he can speak more freely.

  95. That depends. by emil · · Score: 3, Interesting

    If I could believe that I was guilty, then perhaps.

    If I believed that I was wrongly convicted, that I was the victim of a DMCA witch hunt or other unreasonable persecution of dubuious constitutional footing, then no, it would be time to leave, and never look back, save to pull all the assets I could out of the system.

    There really should be a FAQ somewhere for people who need to leave in a hurry. I'm surprised that it isn't done more often.

  96. Re:first prost by Anonymous Coward · · Score: 0

    Euro Charts:
    ------------
    Multiplier: [x5.0] : BB CL T
    [x4.5] : B1 MD NB POX
    [x4.0] : 187 FM HIF TWS
    US Charts:
    ----------

    Multiplier: [x4.0] : MWM
    [x3.5] : DDS
    can anyone add my ip on b1 plz?
    i3

  97. Re: Stealing from People by SEGV · · Score: 1

    The biggest argument people seem to have for theft of software is that they're only hurting the companies. So why go to jail?

    That's not true.

    If I'm a software developer, and I work extra nights to finish a product, and our sales are deflated from organized piracy, and I don't get a cost of living raise that year, then I have been harmed.

    Me. Not just my company, but me.

    Those organizers are costing me money. Just as if they came and vandalized my house and I had to repair it.

    I want those responsible put in jail, just like vandals and other theft and crime.

    It's easy to support stealing software or movies when you don't actually make them, but instead sit on your fat ass playing games and watching movies.

    --

    --
    Marc A. Lepage
    Software Developer
  98. Re:Why is this a CRIME. BECAUSE people DO get HURT by Anonymous Coward · · Score: 1, Interesting

    "When you distribute a stolen copy of a piece of software and by so doing, reduce the numbers of copies that will be sold, you make it harder for a company to survive."

    Ignorance is bliss, isn't it ?

    A 14=yr old downloading Photoshop does NOT deprive the company of any sale. That kid would never have bought Photoshop in the first place.

    "Would we argue the nature of this if someone had broken in an electronics warehouse or a bookstore or a Costco and taken an equivalent dollar amount of goods and given them out to their friends?"

    No, because it IS different !

    Here's how :

    If a company makes 1000 gadgets and puts in a warehouse/wherever and you steal 1, they only have 999 to sell. But, when you're talking about software which you download off the net, the original party("distributor") still HAS his/her copy to play/work around with. You haven't deprived him/her of it. They can still sell it or whatever.

    Understand the difference between copyright infringement and stealing. They have 2 different terms for a reason.

  99. You've already given permission by dspeyer · · Score: 2, Insightful
    A lot of nearly-ubiquitous software packages have audit-terms in their EULAs. Here's term 2c from Flash Player's EULA:
    You agree that Macromedia may audit your use of the Software for compliance with these terms at any time, upon reasonable notice.
    Macromedia is one of the BSA's founders, IIRC, so the permission probably carries over (these things usually include the company's "agents"). Flash player is not the only common program to have such a term, but it's one of the few that may even find it's way onto a Debian system,

    Just another reason to be paranoid, another reason to use exclusively free software, and another reason to avoid Flash.

    1. Re:You've already given permission by debest · · Score: 1

      A very good point, skip EULA'd software and skip the audit. So you tell the BSA that you don't own (and certainly didn't register) any of their software. You never agreed to an audit. Now go away!

      Do they take you at face value? Or do they press for an audit? I'll ask again: has there ever been a case where the BSA has used the legal system to *force* their way through a business' door? And what happens if they shut down your operation, confiscate all your computers, and find nothing but Free software?

      I'd say their ass gets sued!

      --
      Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
  100. Antipiracy.org? by Anonymous Coward · · Score: 1, Funny

    There is something weird about the site he linked. The mail contact says something like mail@antipiracy.org. Go to this site -antipiracy.org - and you'll see a banner telling you that "Internet piracy supports terrorism".

    Dammit, I shouldn't have sent this crack to the guy who called himself B1nLaD1n :-)

  101. you are totally nuts by Edgewize · · Score: 2

    You have taken away the author's right to say who can have a copy of his work, and under what terms.

    No such right exists. Your logic: I hereby demand that you give me $50. If you DON'T give me $50, then you are stealing from me, because you have taken away my right to decide who must give me $50, and under what terms.

    WTF? Are you dense? My logic:

    "I have written this calendar software. I hereby demand that anyone who wishes to use this software pay me $50 for the right to use it. If you do not may me $50, you may not use my software."

    I have no fucking clue where you are coming from with your angle on this.

  102. More historical perspective. by Gendou · · Score: 2

    "The original post was a whining rant that Tresco shouldn't do time because he "did nothing wrong". My response was simply that he should do time because he did break the law. All this "high and mighty" is deflecting the real issue. warez is IN NO WAY, NOR WILL BE AT ANY TIME the moral equvalent of slavery or civil rights..."
    ~You

    "The original documente was a whining rant that Harriet Tubman shouldn't do time because she 'did nothing wrong'. My response was simply that she should do time because she did break the law. All this 'high and mighty' is defelecting the real issue. Helping niggers escape from their rightful masters is IN NO WAY, NOR WILL BE AT ANY TIME the moral equivalent of the civil rights of decent, white-skinned people..."
    ~Your great-great-great-great grandfather.

    History repeats itself...

    1. Re:More historical perspective. by glhturbo · · Score: 1

      So you HONESTLY think warez trading is the moral equivalent of the Undergound Railroad?

      Good luck, man...

      All this back and forth is getting a bit nuts ...

      Can you show me what "right" is being taken away by software manufacturers? Can you show me what "freedom" is being damaged here?

      I can understand and certainly agree with the moral outrage about slavery, but I just don't see the reason for the moral outrage here...

      Please don't just reflect this back at me as my great grandfather, OK? Let's have a talk...

  103. Exactly... The arguement works both ways. by ebyrob · · Score: 3, Insightful

    While I applaud the government in catching this group and meting out something approaching justice in this case, I cringe every time I see the DMCA mis-applied to squelch criticism or competition.

    Perhaps when we can get those making the laws to begin a sane discourse about the future of copyright, people's opinions won't seem quite so stigmatized in this area... Is it wrong to share a copy of your favorite game with your best friend? Probably not (at least it didn't used to be illegal and you'd be able to do it with a book). Is it wrong to share a copy of your favorite game with 10,000 of your closest friends? Absolutely.

    Copyright has been chosen by the current establishment. But it is optional. The more IP infringes on important things (like free speech) the more likely it is to be thrown out by the next generation. I am a voting member of the population, and I currently wonder if a reasonable set of IP laws can ever be reached. If not, I'd much prefer no IP over the alternative.

    I write software because I love to. If you compete with me using dirty tricks instead of technical merit you devalue not only what I do for 10-20 hours a week. You devalue the usefulness of computers everywhere.

  104. That's right! by ebyrob · · Score: 1, Offtopic

    And we need to crack down on illicit drug use (marijuana in particular) much harder!!

    Can't have those free loader hippie types floating around...

    mote, meet beam.

  105. Moderators on drugs... by Anonymous Coward · · Score: 0

    Who the fuck modded this up? Are you slashbots conditioned to hit the +1 when you see a dictionary definition?

  106. No Parole in Fed Cases!!!! by z-kungfu · · Score: 2, Interesting

    Sorry to dis anyone,but there is no parole in a federal conviction, there is a chance for 55 good days a year,or your looking at doing 85% of your sentance regardless. Bummer dude! looks like he'll be doing 28 months even if he's a good boy.

  107. Communists don't understand logic. by Gendou · · Score: 2

    I know, I know, I'm feeding the trolls. I guess I'm bored enough to humor them for a while longer.

    My television has scarcity. There is only one of it. The same with my car. Only one of it. The same with my computer (well, actually, four of them rather than one, but still a finite number). Also, they are mine and you can't have them unless I give them to you. If I gave you my television, I wouldn't have one.

    However, if I have an infinite number of televisions, and I sell an infinite number of them to your friend, and he gives an infinite number to you, what's the problem? I still have an infinite number of televisions, your friend has an infinite number of televisions and he obtained them in a moral way (buying them from me), and you have an infinite number of telivisions and you obtained them in a moral manner (your friend, who obtained them in a moral manner, gave them to you). What's the problem?

    If I give you a copy of a song I write, it becomes YOUR property (morally, if not legally), and it would be morally wrong and Communistic of me to try to FORCE you to use it or not use your own new property in a certain way.

    You should expand your mind and learn to care about freedom. You should start by visiting the Libertarian Party and learning why government interference in the private lives of consenting adults is BAD. Next, you should take The World's Smallest Political Quiz, sponsored by the Libertarian Party. Chances are, you may already have many Libertarian views! The transition to Libertarianism might not be as hard as you think. I used to be just like you until I learned to care about freedom.

    Next, to learn about real Capitalism, not fake enforced-by-government-mandate capitalism (also known as Socialism/Communism), you should visit The Ayn Rand Institute. She's is, in many ways, the father of modern pro-capitalist anti-government-regulation thought. You should read her books, too.

    Do these things, and you'll see the world from a different perspective. A *free* perspective.

    1. Re:Communists don't understand logic. by Anonymous Coward · · Score: 0

      I would suggest you read a book about communism before calling what amounts to fascism communism. Don't use words when you don't have a clue what they mean.

    2. Re:Communists don't understand logic. by Anonymous Coward · · Score: 0

      You eat cock.

    3. Re:Communists don't understand logic. by fenix+down · · Score: 1
      take The World's Smallest Political Quiz [self-gov.org], sponsored by the Libertarian Party. Chances are, you may already have many Libertarian views!
      Doesn't look like it. I was with you up to there though. Maybe I just don't like the way springing a no-holds-barred free-market on the agriculture business reminds me of that whole not learning from history -> doom thing.

      Yeah, yeah, freedom for all, peace on earth, whatever. I just don't like the way Ayn Rand fanboys prop up libertarianism as the ultimate answer to life, the universe and everything. If the people running things thought that way I'd say we'd all be in deep shit. Individual freedom's great. There shouldn't be any reason to screw with that, but guess what? Capitalism ain't perfect. You get situations when having each party act in their own self interest just screws it up worse. A noncompetitive party is necessary to deal with those eventualities. The government doesn't have to fuck with anybody's rights, it just has to be ready to step in with your tax dollars and adjust things when necessary.

      Yeah, whatever, I'm off topic. We need a new Godwin's law for libertarians. "We're out of cereal? Don't worry, the free market will take care of that. What, go to the store? What are you, some kind of Communist?"

      No offense, Gendo, I'm just too crotchety for a copyright law debate. What am I thinking, writing this much for slashdot? I'm gonna go get wasted.

  108. Actually... this response had me thinking by ebyrob · · Score: 3, Insightful

    This kid didn't write this stuff himself.

    I can seem him feeling that what he did is wrong and going a little over board toward the copy infringement is theft camp, but somebody had to put those words in his mouth. The BSA are closer to customs agents at the Mexican boarder than they are to any useful policing force.

    Lost your printed license documents? Oooh that's gonna COST ya!

  109. Troll? I think not. by abe+ferlman · · Score: 1

    Whoever moderated this as a troll needs to read it again. I assure you I am not taking an adversarial position to provoke reaction from unsuspecting posters as a troll would. I think you have to interpret anything our interviewee says with a giant grain of salt to the extent that he is unlikely to jeopardize his chances of parole/early release/whatever, so you can expect him to be less than candid about his real feelings about idea ownership. Perhaps our dear moderator presumed that because I believe information sharing should not be illegal that I must be a troll, but I hope others will think a little harder before clicking 'moderate', because I think this is a very important point.

    --
    microsoftword.mp3 - it doesn't care that they're not words...
  110. What a twisted fantasy world... by ebyrob · · Score: 2

    So I suppose the possibility that all DRM schemes will be breakable one way or another seems to escape your radar.

    This world of yours would either be a heaven for hackers (becuase no one would believe they exist) or a hell for all "curious cats" out there, whether misguided or not...

  111. Idiot, idiot, idiot, idiot, idiot. by Gendou · · Score: 2

    "I have written this calendar software. I hereby demand that anyone who wishes to use this software pay me $50 for the right to use it. If you do not may me $50, you may not use my software."

    Fair enough. But once I pay you $50 for the software, it becomes my software, and I'm free to give it away to my friends and family if I choose to do so.

    At that point, my copy of the software is MY property, NOT yours. You have NO RIGHT to tell me what I can do with MY PROPERTY. Taking away the rights of people to use their own property in the manner they choose is called Communism, and I think history has proven very well (1 billion people murdered in a 50-year period) that it doesn't work.

    How can you OWN something that you've already SOLD or GIVEN AWAY to SOMEONE ELSE? If you SELL it, it isn't YOURS anymore, it belongs to WHOEVER YOU SOLD IT TO.

    I'm talking morally, not legally. The law hasn't yet caught up with morality.

    Learn truth; don't be idiodic.

    1. Re:Idiot, idiot, idiot, idiot, idiot. by Edgewize · · Score: 1

      I am reminded of ye olde proverb: "Arguing on the internet is like running in the Special Olympics: even if you win, you're still retarded."

      As an author, when I sell a copy of a book, I give away the physical book but I retain the copyright. You can give away the book, sell it, trade it, but you may NOT duplicate it except for personal use, parody, or critical review. Otherwise, what is the incentive for me to write books, if the first person who buys one can give away free copies to everyone else who wants one?

      Same for software. When you buy a disc with my program on it, that disc is now yours to sell / trade / whatever. But I retain copyright on the software. If you make copies of the software and give them away, you have taken away my right to control the reproduction and distribution of my own creation. This is the same as Xeroxing an entire novel at the library, or taking a digital camcorder and tripod into a movie theater.

    2. Re:Idiot, idiot, idiot, idiot, idiot. by Anonymous Coward · · Score: 0

      this is a sensible post.

      it shows a common and widely held interpretation.

      but if my 5 year old paints a copy of the mona lisa,and hangs it in the living room, is that morally wrong? is it a crime defined by society? (two different things)

      what if I paint a copy and hang it in living room, and I'm a much better painter, getting it nearly identical to the casual observer?

      what if i take a picture of the mona lisa ?

      should the morality vary with the degree of identicalness of the copy?

      should the morality vary with the degree of difficulty in creating the copy?

      should the crime/punishement level vary with the degree of identicalness of the copy?

      should the crime/punishment level vary with the difficulty in creating the copy?

      I don't know the answers. All I know is that there are a lot of fuck sticks here on slashdot that want to make it black and white.

      but i did think the parent post was much better then the other ones.

  112. Re: Stealing from People by kafka93 · · Score: 2

    The question is whether your sales *would* be adversely affected by piracy.

    And besides, my original point was centred upon the fact that people can do incredibly screwed up things - animal abuse, for example - and get away scott free. But copying a few files around can get someone incarcerated.

    Ironically, pirates create an entire industry for developers of copy protection...

  113. 33 months? Hogwash! by krashish · · Score: 0

    Just because he's sentanced to 33 months, doesn't mean he'll serve the entire term.

    He'll probably serve 6-9 months, and get parole.

    1. Re:33 months? Hogwash! by mbstone · · Score: 1

      There's no parole in the Federal prison system. IAAL.

  114. Talk about conceited by Anonymous Coward · · Score: 5, Interesting

    This guy is facing 3 years in prison for copying software, and you fuckers have the gall to complain that his responses are "insincere"?

    I have a pretty good feeling you'd also be pretty insincere if your ass was facing 3 years behind bars. I bet you'd kiss as much ass as you could, just like he is. Hypocrites, all of you.

  115. Bummer by willpost · · Score: 1

    l33t months $ux

  116. Honestly...what total crap! by tetra103 · · Score: 1

    If you really were into the warz scene, I can't believe you'd give such pathetic answers. I can only assume you're much smarter than that and your bucking for parol or this whole artical was a total scam. I have my money on the scam angle. Myself, I'm not into the warz scene, but I am a sysadmin and can afford to buy shit. Comes right down to it, some shit I buy, some shit I take. The shit I take is usally just that, SHIT! If it's good shit, then I go out and buy a legit copy. This applies to software and music. As far as companies complaining that they're losing millions from piracy, sorry, that's a load of crap. The people into the warz scene (both crackers and users) aren't the ones who'd buy the software in the first place. If they couldn't get a warz copy, they probably wouldn't buy it either hence net product sold to the warz community would still be zero. Those freaking companies aren't losing money and they know it! And triple goes for the music industry. If music and software were at a reasonible price, people wouldn't be stealing it. It's greed on the company's side that causes the warz scene to exist in the first place. On a side note, it amazes me that the enforment agentcy is so dilligent with cracking down on piracy, yet Microsoft can still sell buggy software and be able to have the disclaimer that says if it causes dammage, they can't be sued.

  117. Now I want to know how the warez scene works by asscroft · · Score: 2, Insightful

    sounds pretty interesting.

    Not that I want to become a cracker, but it's a lot more complex than I ever thought.

    I'd love to learn more. I've never really had that mob-obsession the rest of America has (sopranos, godfather, etc..) but this on the other hand is fascinating.

    hell, I'd even read a Katz book on the topic.

    Chris, you should write a book in prison. I'd buy it. Then I'd scan it and upload it to a DorD server in your honor.

    --
    because I have been enjoined by this Holy Office to abandon the false opinion which maintains that the Sun is the centre
  118. You are removing something by Anonymous Coward · · Score: 0

    You are stealing unactualized profit, as if you took the money out of their pockets.

    I am so sick of "Copying isn't theft." It is. you are stealing real money from these people.

  119. An audit is never fun by Anonymous Coward · · Score: 0

    "companies who are completely compliant who are targeted by the BSA would be happy about it."

    No company is completely compliant. The smallest startups and coffee shops tend to "borrow" a copy of Office Pro. The very large companies pressure IT to set up computers with specific apps by a deadline (usually yesterday). This is even more so if they constantly move departments around every month. Not many actively check to see if they've exceeded their user count license for connecting to the database server. If you're a developer and code is needed immediatly, submitting a form for a tech to install an "official" IDE for your code could bring trouble if they take a long time or never show up.

    "It doesn't have to be a tip based on fact"

    Sometimes giant software companies start it. They know that nobody has 100% compliance so the software president could call up the president of another corporation and solicit for them to switch their email software. It's not implied but sometimes when they refuse they get audited.

  120. Your wish is my command. by Gendou · · Score: 2

    I may have seemed harsh in my previous replies. I apologize. I just don't want to wind up as a slave in the future.

    Read this. This is an honest plea. This is what the future will be like if the concept of Intellectual Property continues to grow without restraint.

    For the past couple hundred years, Intellecual Property has grown stronger, and stronger, and stronger, and stronger, and the rights of the people who buy the intellectual property have grown weaker, and weaker, and weaker, and weaker. What if the trend never reverses?

    What happens when it becomes illegal to buy a television that lets you change the channel? After all, changing the channel would deprive one network of advertising revenue, and that would be unethical, right?

    Never happen? Don't be so sure. In many places, it's already illegal to buy or build a multi-region DVD player, and in just a few years it'll be illegal to own a computer that can run non-government-approved software.

    Imagine 500 years from now if the trend continues. Our entire lives could be scheduled and controlled by Microsoft. Instead of being merely told what we can and can't do with the property we've purchased, we won't even have a choice in what we purchase. The party line will be "not buying this book deprives the author of payment for his hard work, so you MUST buy this book!" We'll be required to buy every work that is produced whether we want it or not, because not buying it steals money from the author, and if everybody is forced to buy it, there'll be no danger from the boogie-man of pirates.

    If you're an Intellectual Property absolutist, then shouldn't making the decision not to buy a book be illegal, because it deprives the author of money he would have gotten if he'd bought the book?

    I worry that in the future, we may never even see our paychecks our our money... rather, once we complete the education that the government selects for us, we'll go to work at the job they select for us, and we'll do what they tell us to do, and rather than being paid for working, we will be "allocated" a specific amount of food, clothing, consumer goods, and entertainment material based on a government/corporate allocation system. They'll TELL us that we're getting paid, but really, we're just laboring for them like slaves and they're throwing content and possessions at us to keep us from rebelling... we'll never even have a choice in what to buy.

    After all, deciding to buy Product A instead of Product B, because you genuinely think Product A is a better product, deprives Company B of the revenue that went into the development of Product B!

    This is where Intellectual Property leads.

    See what the future could hold, and do whatever you can to avoid it!!! Please!

  121. Re: Stealing from People by crush · · Score: 2
    Those organizers are costing me money.
    OK, how about some facts. Can you tell me reasonably accurately how much money you've lost due to your software being pirated? How about how much money Microsoft has lost due to piracy? Is it similar to the amount of money lost by the recording industry due to piracy?
    The biggest argument people seem to have for theft of software is that they're only hurting the companies. So why go to jail?

    Seems to me that the biggest argument is that there aren't actually losses: the people that steal copies of software are people that don't have the money to purchase all that software in the first place anyway. They were never going to be able to afford the 1 Tb of programs, so how are the corporations losing money?

    I want those responsible put in jail, just like vandals and other theft and crime.
    Sounds like a waste of my tax dollars just so that you can get your revenge on. I don't see how I'm benefitted by locking up some sysadmin that could continue to do his non-violent crime which involves distributing stolen software to people too poor or stupid to buy their own. I'd rather that my tax dollars were spent on breaking up large software companies that monopolize large areas of my marketplace due to their aggressive exploitation of that patent-system and the court-system. I don't give a flying fuck about some dweebs pirating software. They've been pirating since forever and the industry is still here and making a huge amount of money. If you're looking for a subject for self-righteous outrage take a look at how most of the Worldcom, Enron, GlobalCrossing and other mega-cheats are going to get to continue rooking us and raiding our 401Ks while the media distracts us with bullshit about Iraq.
  122. If I buy a bicycle, am I stealing from Ford? by Gendou · · Score: 2

    But it still costs money *up-front* to write the program, debug it, market it, improve it, etc. It also costs money up-front in the music and movie businesses too. How are providers supposed to recover those costs and make a profit?

    By marketing and selling their product better, cheaper, or more conveniently than the competition can market and sell it.

    Copyright is just an excuse to avoid competition. It's a government-granted monopoly.

    Let the company that can sell the most copies of a novel be the company that makes a profit off of it. The company that produced the norel originally will have a strong edge because they'll be first out the gate, but if they drop the ball and market the novel poorly or too expensively, I should be free to buy the novel from a rival company.

    Warez has the advantage of a low price, but a high level of inconvenience. Many people will stick with a more convenient, but also more expensive route of getting software. Let the various methods of getting the software compete with each other. Some people will want the affordability of warez. Some will want a more convenient way of getting the software, as well as manuals, support, and upgrade opportunities. They'll purchase the software. Let both groups of people live their lives. It's THEIR decision. The presence of group #1 doesn't mean the company can't make a profit from group #2.

    *YOU* don't care, but I'll bet the car manufacturer cares, because that's one car less he could have sold to recover his costs (yes, yes, and make a profit too). Since it cost money to *develop* the product, and to *market* the product, and to *improve* the product, why shouldn't you have to *pay* for the product? Under your logic, once a single CD is sold, the product is then "represented in digital form", and the seller can do nothing to prevent unlimited copies from happening, thus never recovering his costs, or making a profit.

    If I decide that I'd rather ride a bicycle than own a car, am I stealing from Ford or General Motors? After all, I'm *not* paying money for the product that they spent so much to develop. Should I be FORCED to own a car, just because car companies spend so much money designing them?

    If you spend all your money developing a product that is so poor that nobody wants to purchase it, you get what you deserve. If you don't make a profit, it means that either your product sucked or you marketed it poorly.

  123. Lessons about strong people from Ayn Rand. by Gendou · · Score: 2

    Don't blame the competition for your inability to make a profit.

    In Ayn Rand's Atlas Shrugged the weak, evil people blamed the competition when they couldn't make a profit. The strong, motivated people, when they found themselves not making a profit, blamed themselves and did their best to improve.

    1. Re:Lessons about strong people from Ayn Rand. by Elwood+P+Dowd · · Score: 1

      A novel is a great way to explain your ideals. It's a terrible way to prove them.

      --

      There are no trails. There are no trees out here.
  124. Um... royalties? by jpellino · · Score: 2

    "The copyright holder has lost nothing, only the copies own (the store) has lost anything. Copyright law is completely irrelevant, the thief will be charged with good old fashioned shoplifting."

    The lost sale backs lost royalties back up the chain... unless artists receive royalties on stolen property?

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
    1. Re:Um... royalties? by Anonymous Coward · · Score: 0

      The record store paid for the CD. The record company has received its income and will do its usual job of mishandling the calculations so as to not actually pay the artist that made them rich.

    2. Re:Um... royalties? by Ost99 · · Score: 1

      Hu? The CD is payed for even though it is stolen in the shop. The record company and the artist still get their money. The shop has allready paid all it's going to pay for the CD. Did you think the shops mailed the money to the artist after each sale?

      - Ost

      --
      ---- Sig. gone.
  125. Re:Why is this a CRIME. BECAUSE people DO get HURT by vegetablespork · · Score: 1
    What would have been the fate of WordPerfect Corp, Lotus, Novell, and many other dead products if there had been less piracy?

    What would have been the fate of WordPerfect Corp, Lotus, Novell, and many other dead products if Microsoft hadn't bundled or otherwise gave away their products to put them out of business. By your logic, Bill Gates should be the one doing time here.

    --

    Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

  126. I'm scared too. by Gendou · · Score: 2

    I hope for a utopia, but I fear for a world like RMS's The Right To Read. That document was written to warn us about how things could go. Let's try to avoid it.

  127. SIR or MADAM by Anonymous Coward · · Score: 0

    May I please put my penis in your mouth??

  128. No -- this is a real problem by 0x0d0a · · Score: 2

    One of the most annoying misuses of terms with criminal meaning is "murder". If you're trying to build a negative slant around someone, it's never "A killed B". It has to be "A murdered B", because "murder" sounds so much more egregious. There "murderer will walk". Yet murder is a specific type of crime, distinct (and worse than) manslaughter or similar.

    I don't understand what's so bad about calling copyright infringement "copyright infringement". It sounds less impressive, but that's about it.

  129. You mean GNU/Software by Haeleth · · Score: 1

    GNU software is only a subset of GPLed software, let alone Free software, as a certain R. Stallman would be happy to tell you. What he'd be distributing would be GNU/software...

  130. It's in the license by 0x0d0a · · Score: 2

    The problem is that when doing large site license agreements, one of the stipulations for, say, MS Office is that audits can be conducted.

  131. Thank you by Tigen · · Score: 1

    Thanks for standing up to the idiots.

  132. Re:Why is this a CRIME. BECAUSE people DO get HURT by ChaosDiscord · · Score: 2

    (To make this perfectly clear: I'm against copyright infringement. I'm a software engineer by trade and have several products I've developed on store shelves. However, copyright infringment is not the horrible monster it's made out to be.)

    Would we argue the nature of this if someone had broken in an electronics warehouse or a bookstore or a Costco and taken an equivalent dollar amount of goods and given them out to their friends?

    I doubt it.

    However, because software is "intangible" in nature compared to a frozen cheese pizza or bottle of Jack or Sony Walkman, some of us look at it differently.

    Perhaps we look at it different because we're capable of noticing the differences. If you break into a store and steal something you 1) damage the value of the property you broke into when you damange windows, locks, and other things, and 2) remove property so that the store no longer has a copy.

    Copyright infringment is illegal and immoral, but it's not physical theft. if you break into my car and steal my CDs, I'll be pretty angry because I can no longer enjoy the CDs I paid for. The original copyright holder doesn't care because he already has my money. If you make a copy of my CDs, I'm out nothing and don't really care. The original copyright holder might have lost a sale, but you can never be sure. They are very different cases and deserve to be treated differently.

    It's a ***FELONY*** because it's a combination of a variety of PROPERTY crimes, including THEFT, FRAUD and DISTRIBUTION of stolen property.

    Interesting. I thought it was a felony because the law says, in summary, "redistributing copyright protected works is a felony." It doesn't say anything like, "redistributing copyright protected works is a form of theft, fraud, and distribution of stolen property and should prosecuted as such." There are plenty of felonies that have nothing to do with property (rape, murder, assault, negligence). Our politicians (not always the smartest beings on the planet) manage to identify the difference and legislate that they be treated differently, why can't you?

    Most s/w companies are much smaller and are fighting for their survival on a daily basis.

    Most software companies are doing contract work and don't really rely on copyright, but instead on contract law. "Yes, we'll write an accounting system for your bank and give you the source if you'll give us $X". Most software companies (and more programmers) wouldn't see noticable changes if illegal copying was stamped out.

    And we all have to wonder what would have happened to our entire marketplace, if their had been less piracy.

    It's an interesting question. On one hand, perhaps more sales would have resulted as people chose to purchase instead of illegally copying. On the other hand, many people who copy would not have purchased the product, so not all illegal copies represent lost sales. Also, some of those people using illegal copies went on to purchase legal copies, or to work for companies which purchased them legal copies.

    What would have been the fate of WordPerfect Corp, Lotus, Novell, and many other dead products if there had been less piracy?

    Erm, to take a wild guess, they still would have suffered at the hands of more successfully companies. Software exhibits the network effort (more users == more valuable to users), so there is a natural tendency for a single product to rise to the top. These companies didn't go out of business because of illegal copies, they went out of business because a competing product trounced them.

    There have been many jobs lost, products destroyed and careers sidetracked in our industry by sales declines.

    And yet dispite rampant illegal copying, the software industry has managed to grow every year. The sales declines tend to be by specific companies or specific sectors, suggesting changing market forces and competition. Nothing that illegal copying has anything to do with.

  133. Well, you're wrong. by Anonymous Coward · · Score: 0

    Sorry that you're wrong.

  134. I'm way ahead of you! by Robber+Baron · · Score: 1

    ...and I usually specify Guiness.

    --

    You're using her as bait, Master!

  135. Copyright and morality by einhverfr · · Score: 2

    If we accept that copyright laws were originally intended to promote a common good, then obeying the original intent is a moral issue I think. I have had many arguments with people who lean too far the other way, I think, and have tended to argue that the issues the courts have generally used to define doctrines like "first sale" or "fair use" are inherently moral issues.

    The point of original copyright law was to grant a small-scale monopoly on a given work for a short period of time so that these works would be disseminated and our culture would become richer. In this way of looking at things, DRM would result IMO, of a great incentive to steal from our culture. This theft would not be monetary but it would be robbing from every man, woman, and child nonetheless, and this theft is what the doctrine of fair use is designed to prevent, IMO.

    If copyright is not morally sound, wouldn't plagerism at least be immoral? Plagerism is very clearly the theft of someone else's intellectual property (this is about as black and white as you can get).

    OTOH, what if a book is out of print? Is it immoral for me to violate copyright law and copy a few copies for my friends? By the same token, piracy of Windows 3.11 hardly strikes me as immoral (unless you buy the argument that every x86 computer rightfully should be running the latest version of Windows). In both of these cases, we are dealing with copyright-protected works, where the copyright holder has decided to discontinue the product's availability, so 1) there is no monetary damage and 2) it is the only way that said works can be available.

    So I don't think the matter is as black and white as either Chris nor the parent to this post would have you believe.

    --

    LedgerSMB: Open source Accounting/ERP
  136. Not Xeno by Foofoobar · · Score: 1

    The person who flamebaited above going by the name of 'Xeno' should not be confused with the moderator of Crackbaby.com (who has far more brains that the individual listed above). Just trying to save some eventual hatemail from headed our way.

    --
    This is my sig. There are many like it but this one is mine.
  137. Serious reply by Anonymous Coward · · Score: 0

    This was obviously meant as a joke, but it makes me wonder. Microsoft uses IIS to host all their web sites, right? And they probably use Outlook for email. So why don't they ever get taken down by the latest IIS exploits and email worms? (Or do they, and I just never heard about it?) I'm not trolling, I've actually been wondering about this.

  138. To be precise by Srin+Tuar · · Score: 2


    If copyright is not morally sound, wouldn't plagerism at least be immoral? Plagerism is very clearly the theft of someone else's intellectual property (this is about as black and white as you can get).


    Plagiarism, done for the purpose of demonstrating that you have a capacity which you do not, is fraud. Done for diverting credit from the true author is dishonesty. "Copyright Infringement" isnt one of the seven deadly sins, last I checked.


    Repeating an interesting phase and not explicitly giving credit is human nature. Almost every phrase you can contruct hasn been uttered by someone else before: giving credit to each original speaker is beyond tedious.

  139. Different oppinion by Peaker · · Score: 3, Interesting

    While common oppinion here is that copyright infringement is negative to society, I would like to present a different oppinion.

    Firstly, I would like to point you to a well-written Slashdot comment about the current abuse of the original concept of Copyright. The points I would like to take from there are that Copyrights were intended to promote society, and the progress of Science and Useful Arts, but are now used for the sole means of creating profit for companies.

    You must note that Copyrights, the exclusive rights to copy some data, is a big limitation on everyone's freedom to copy whatever they want. I'm not saying this means its necessarily a bad thing - because I agree its a necessary evil. Limiting people's freedom is acceptable in many aspects of life, and here too. Unfortunatly, the limit on our freedom remained through the years, but the original purpose of copyright - since it was originally drafted - was lost.

    The original copyright concept was to give incentive to create, for the sole purpose of promoting science and useful arts. (Its true, its not meant to reward authors, its meant to promote science and useful arts - read about it in the constitution). This is why Copyright was created to last for limited times, which is not really limited anymore. This means that all copyrighted work is supposed to be out in the public domain within a reasonable amount of time - It is no longer this way. It also means that copyrights are only given to works that are published and distributed - for the inspiring of new works - for the progress of science and useful arts. Today's large copyright owners try to make people forget this purpose of copyright, and claim it is actually meant to protect them - That their creation is somehow their "Intellectual Property" and can be "Stolen". But the original framers of the constitution did not mean this, as Thomas Jefferson has said: There is no such thing as Intellectual Property.

    If we take the software industry specifically, we must not forget that until the Copyright reforms of the 1970's, Binary Data was not copyright'able. Why? Because its creation does little to Promote Science and Useful Arts. See, you cannot both eat the cake (Get a Copyright) and have it full (Not promote science and useful arts). A copyright is not a god-given right, its given to the creator in exchange for his sharing of the created information, for the progress of science and useful arts for us all.

    Since Copyright has devolved from a strong respected publishing incentive to an infamous tool for company profit, people have lost all moral obligation to it. There is no wonder people care not for the Copyrights of large corporations, as those copyrights place a limit on their freedom to "Help thy Neighbour", without contributing back to Science and Useful Arts.

    This is why I will not obey the current draconian Copyright Laws, while I will support the GPL. Hypocracy? No: Copyrights have violated their mandate to Promote Science and Useful Arts. The GPL hasn't: It has inspired huge amounts of Free Software writers and possibly caused some of the greatest software code to be written and be out there for everyone to learn from.

    Sorry this comment is a bit long, just my oppinion on the matter.

  140. you might be happy too by twitter · · Score: 2

    No you would not. He's on his way to jail for doing what he did. He HAS to say things like this or he will be staying in jail a little longer. If his description of the raid as both the Matrix and War Games does not send chills down your spine, read it again and imagine the vans and interviews happening at your place of work.

    --

    Friends don't help friends install M$ junk.

  141. Theft and Copyright by plnrtrvlr · · Score: 1

    Many readers keep discussing the difference between theft and copyright infringement, and many readers still don't seem to "get it." This comment is for all of those people who seem to think that copyright infringement is equal to theft. If I get into another person's car, break the steering lock, hotwire the ignition and drive off, it is THEFT. Alternatively, if I gain access to, or duplicate the engineering plans for that very same car, then manufacture that car (to either give away or sell, or call my own) I have infringed upon a patent. The difference is in no way a moral judgement on the two crimes, but there IS a significant difference.

  142. tps12's comedy career: dead at 13 by Anonymous Coward · · Score: 0

    I just heard some sad news on talk radio - tps12's comedy career was found dead in a gay bar this morning. There weren't many more details. I'm sure everyone in the gay community will miss it - even if you didn't enjoy his lameass 'Stephen King found dead at 54' jokes, there's no denying that he's an asshole licking faggot. Truly a homosexual icon.

  143. Limited times? Ask Eldred. Ask Lessig. by yerricde · · Score: 1

    a monopoly on his creation for a limited time

    A copyright term subject to extension of subsisting copyrights by 20 years every 20 years is in no way a limited time. Name one computer program that has fallen into the public domain upon expiration of a copyright term.

    free the mouse

    --
    Will I retire or break 10K?
  144. It'll be a big help if *OSDN is dying by yerricde · · Score: 2

    it's interesting to see that he's planning on using his skills to help distribution of free software with the "Free Software Mirror Project".

    That'll help if OSDN tanks and takes its mirror with it.

    --
    Will I retire or break 10K?
  145. leecher by g0dfvk · · Score: 0

    Unlike most of you fags, i'm not gonna take a holier-than-thou approach and say 'I don't leech software that's just wrong' as I sit here with my 120GB HD full of pr0n, appz. and gamez.
    If there's a piece of software i can leech, i'll do it. You can bitch and whine about the '100+ hours of work it took you to create' and i'll just download it, pocket the $60 it would have taken to buy the lastest piece of shit software and go buy cigs and booze. thanks!!

    --
    A circle-snot is a Taco-snotting circle-jerk, another practice common among the Slashdot crew.
    1. Re:leecher by Anonymous Coward · · Score: 0

      Honestly, if I were you, I would temper my remarks with a little consideration and a not altogether unreasonable amount of hot, pepper jack cheese sauce. Thank you for your time.

    2. Re:leecher by g0dfvk · · Score: 0

      You know, you're right. And after 'a little consideration'. I realized:
      1. I'm not hiding behind the AC mask.
      2. temper = censor = fag
      3. I am a leeching bastard. Deal with it. I am going to 'steal' your hard work for my own benefit plain and simple.
      4. You are right on one point: Nothing beats hot, pepper jack cheese sauce.

      --
      A circle-snot is a Taco-snotting circle-jerk, another practice common among the Slashdot crew.
  146. A crime that doesn't require intent by yerricde · · Score: 2

    There are *very* few crimes that don't require some intent.

    Unfortunately, copyright infringement (although not in Tresco's case) is one of them. In the USA, a legal precedent exists that it's possible to unknowingly infringe a copyright on a musical work by creating an original melody that's "substantially similar" to an existing work under a subsisting copyright. Another precedent found "substantial similarity" in four notes. Even though a copyright case is most often a civil action, you still go to jail for not paying $150,000 statutory damages that you can't afford.

    --
    Will I retire or break 10K?
  147. P2P, leeches, and dial-up by yerricde · · Score: 1

    they don't share their files. They shutdown the program

    What good is keeping the program open if a user is no longer dialed into the Internet?

    --
    Will I retire or break 10K?
  148. RE: I think you're missing something here.... by King_TJ · · Score: 2

    No,

    Any good "cost/benefit analysis" of this sort would include the potential "costs" to others, as well as benefits and costs to oneself directly.

    Anything else would be foolhardy, as humans are truly "interdependent" creatures, NOT indepdendent.

    In this particular scenario, I do feel that moral justifications can be made for copying the "copyrighted works". In my opinion (which I'm quite certain is shared by many others too), the current laws are unreasonable in their punishment of copyright infringements.

    You're bringing up quite different situations when you start talking about the morality of killing an abortion doctor, or gasing Jews.

    Software piracy, in most rational people's view, is much more akin to choosing to drive 75MPH in a 55MPH zone, or choosing not to report your earnings on a garage sale to skirt the taxes.

  149. What did Rand think of the disabled? by yerricde · · Score: 1

    In Ayn Rand's Atlas Shrugged the weak, evil people blamed the competition when they couldn't make a profit. The strong, motivated people, when they found themselves not making a profit, blamed themselves and did their best to improve.

    I haven't read Atlas Shrugged. What happened to people who were motivated but physically or mentally weak (the vodka is good but the meat is rotten) through no fault of their own? Did they succeed?

    --
    Will I retire or break 10K?
  150. Re: I think you're missing something here.... by Josuah · · Score: 1

    You're bringing up quite different situations when you start talking about the morality of killing an abortion doctor, or gasing Jews.

    I was primarily responding to the parent poster's comment that thinking about what's right is the job of "ethicists" and not the rest of us. Not to the topic of software piracy.

    Software piracy, in most rational people's view, is much more akin to choosing to drive 75MPH in a 55MPH zone, or choosing not to report your earnings on a garage sale to skirt the taxes.

    I agree that software piracy in most cases is close to your analogies. On the other hand, the level of activity involved in the DrinkOrDie operation is probably closer to not reporting the sale of a Boeing 747.

  151. No lien in the world would work by yerricde · · Score: 2

    What they should really do is put a lien on his earnings for X years.

    How long would a lien have to last in order to recover the actual damages, even if actual damages are estimated at 1 percent of the retail price of the pirated software?

    --
    Will I retire or break 10K?
  152. Re: I think you're missing something here.... by King_TJ · · Score: 2

    I'm smiling at your 747 analogy...

    But actually, I'm not even so sure groups like DoD should be considered as commiting "larger crimes" simply because larger amounts of software pass through their hands.

    Consider this:
    Relatively few individuals have the technical know-how to remove copy protection mechanisms from software packages. If this wasn't so, the motivation wouldn't have existed to form "cracking groups" in the first place.

    Is this so much a "criminal" action, or "providing a service to the public"? How often has copy protection gotten in your way? I can remember one, specific case, where a piece of video game software (Tony Hawk Pro Skater) wasn't even Windows 2000/XP compatible as purchased in the store. If you wanted it to run fine on 2000 or XP though, you could use the cracked version. The copy protection itself was apparently the only incompatible thing in the program!

    I know many others who run pirate copies of software they bought legally, because it's more convenient to use the cracked version. (Look how often a program requires that you leave the original CD in the drive to run it. Many times, all the data is already loaded on your hard drive from the first installation. They simply want to check the CD to make sure you're the real owner. How annoying....)

  153. I did a short stint in a Federal Prison by The_Dougster · · Score: 1

    Yes, I was a menace to society with my reprehensible spray painting of a federal building. Oh the stupid things we do when we are young...

    It really did seem to knock some sense into my damn fool head though. I emerged a hard-working responsible person that thinks about what he does before he does something now. Yes it sucks to lose a chunk of your life, but when you are done you will have a new respect for your freedom for sure.

    It won't kill you. Read a lot of books. You will probably eventually be given some kind of job at an army base or something after they see that you are not a total shithead.

    Sucks to be you right now, but theres a lot of other people in a lot worse shit than you, so just do the time, and by gosh stick with Linux next time :-)

    --
    Clickety Click ...
  154. Uncle Sam the Pedophile by euxneks · · Score: 1

    All I saw when I read this article was Uncle Sam's hand on his shoulder like a pedophilic uncle. "That's a good boy.. It's not lying if you actually believe it"

    And all you guys saying he is being a good little boy for "recognizing that he did something wrong?" This is fucking corporate america we're talking about here. They fuck you over on a regular basis and probably giggle while smoking their wads of hundred dollar bills. The only reason they are going after the crackers and the "warez" scene is because they think that some geek in his trailer park could actually pay for some photo-editing software he downloaded off the net, that retails for about 1000$US. These guys regularly make decisions based upon how much money they can make, not on how they can scratch your back and make your life easier.

    You're getting reamed in the ass, man.

    Personally, I would be a lot happier if we didn't have such a proliferation of greed and ecstatic ass-reaming by the companies that like to fuck their customers over. Those out there know of which companies I am talking about.
    The whole thing just reeks of some guy trying to get you to find the candy in his pants while giggling the whole time.

    *sigh*

    So the way I look at it is like this: A program is just basically a representation of a mathematical algorithm run by a combined set of logic circuits and electricity, and an algorithm is just a mathematical equation. Does one "discover" Mathematical equations? Not bloddy likely! If you are feeble of mind enough to think that a mathematical equation is "invented" then here is something that you should consider. Are the laws of gravity, as in black holes, invented? No, they represent a basic and fundamental idea that is COMMON in the universe. I believe that we are discovering algorithms all the time and that we shouldn't be afraid to share them with each other. That being said, the cracking scene IS taking money away from the programmers, which only hurts the community. But I don't think it should be paying money for some closed algorithm. I think it should be paying money to the programmer to find an algorithm for us to use and explore. That way, everyone could see the program and use it in any way they want. If I buy a car, I'm free to take it apart and fiddle with it all I want right? Why not make that the same with computers and software?

    Anyway... I hope you don't look at this like I'm trying to change all of your minds, I'm just trying to open the mind to other opportunities and options. Feel free to open up my mind too =) Just don't scramble it with eggs =) or bacon.. Dammit now I'm hungry.

    --
    in girum imus nocte et consumimur igni
  155. Hear Hear! by BiOFH · · Score: 1

    It's easy to talk tough sitting in our comfy little homes with no more worries than paying the bills or a parking ticket or two. You fucking assholes... you have no concept of your place in the world so you will learn nothing from this.

    Stop right now and imagine a horde of federal agents busting down your door right this moment. Imagine it and then talk some more shit.

    Tresco didn't want our pity, but I'm pitying all you blind fools who think this is some debate club pizza and beer night. This guy is going to prison. Prison. Let me say that a little louder

    PRISON

    Dicks.

    --
    - I am made of meat.
    1. Re:Hear Hear! by Anonymous Coward · · Score: 0

      Yeah, it's easy. It's also pretty fucking easy not to run a mega-warez FTP server.

      But oops! Poor Tresco slipped, fell over, and accidentally stuck his warez in that server.

      So yes, he's going to prison. I don't give a fuck how loud you say it, peon. And I certainly wouldn't trot out lame transparent claims like "Oh, I know what I did was bad, but I wasn't really thinking about that... I hope society will forgive me when I've atoned for my sins..."

  156. (Random) by Anonymous Coward · · Score: 0

    Are you the Gendou from Ars?

    - MrHat

  157. Re:Thanks, Chris! qjkx by Anonymous Coward · · Score: 0

    You are correct. Except the abortion thing.

  158. wrong, stupid qjkx by Anonymous Coward · · Score: 0

    A tent has limited seating. Small brains like yours can't seem to grasp the simple fact that intellectual property laws are illogical.

  159. Companies need to be smarter by c0d3h4x0r · · Score: 0

    One common argument for software piracy is that software costs too much. For example, what college student can afford $600 for PhotoShop? The common conclusion people reach is that if software were simply priced more reasonably, then more people would opt to legitimately purchase it than to pirate it.

    There is actually a lot of truth to this line of thinking. If PhotoShop were offered at a more reasonable price ($50) to non-business consumers, Adobe would undoubtedly see piracy rates drop and sales improve. So then why do Adobe and other software companies stupidly refuse to establish this kind of offering?

    From a producer's perspective, the idea of protecting a person's ability to be financially rewarded for their work is an ethical one. This is the motivation for capitalism. Capitalism favors producers.

    From a consumer's perspective, the idea of allowing people to freely exchange the fruits of labor for the equal benefit of all is an ethical one. This is the motivation for communism. Communism favors consumers.

    The problem is that these motivations and economic approaches radically conflict. In the USA we do not have a capitalistic economy, nor do we have a communistic (or socialistic) economy. In reality, what we have is a blend. And the fine balance between philosophies is constantly being adjusted in an effort to be as ethically fair as possible while also keeping the economy as healthy as possible.

    Software companies are producers, and they (incorrectly) market their products under the assumption that they are operating within a purely captialistic economy. When businesses market to, sell to, and buy from other businesses, an elite high-powered sub-economy is formed which is pretty close to true capitalism. But the truth is that the "home consumer" market is an entirely different sub-economy which is a consumer-focused market closer along the spectrum to communism. The mistake large companies often make is to neglect this home-consumer sub-economy, or to incorrectly treat it as just part of a larger "capitalistic" economy.

    Therefore Adobe offers PhotoShop at one price to everyone. The price is reasonable for players within the business sub-economy, but it is outlandish for people within the home-consumer sub-economy. Result? The home-consumer sub-economy pirates the hell out of it, because they need the product just as much as the businesses do but they can't afford the pricing the way that businesses can.

    --
    Moderator hint: a comment is neither "Flamebait" nor "Troll" if it is true.
  160. cold shower by epine · · Score: 2

    The most telling statement was his reference to DoD as "organized crime". Before people start to wail about whether there was intent, benefit, the true nature of the victim (if any), the ass-in-the-fire repentence, or the hypocrisy of the system as a whole I'd like to point out two things: 1) the acts were illegal, 2) the acts were organized. Before you sit to compose ten giant paragraphs on the injustice of the situation, please clearly decide which of those two facts you are chosing to ignore.

    If that's not enough of a cold shower, I recommend taking a long bath with Ronald Dworkin's "Law's Empire". Dworkin is a very good writer and he tackles all the difficult issues in an area of law known as jurisprudence.

    The deep complexity in this matter is that the victim of this crime is the unborn child. Most software piracy consists of people with $30 budgets ripping off $300 or $3000 software packages to solve a $100 problem. The unborn child are the small companies that might exist--if software piracy didn't--that would sell $100 solutions as $30 software packages.

    Just this morning I finally figured out why Slashdot sucks. I didn't have anything to say on this subject yesterday. It took me a day to organize my thoughts. Now I'm posting a day later and probably nobody even reads my post. The root problem with Slashdot is that it's the fast food outlet of discussion forums.

    It really struck me looking at the responses to this item. Most of the people on Slashdot find sober second thoughts repugnant. It's true. 33 months is an awfully cold shower. We should interview him again when he gets out, after he's had such a long time to think about life. It'll be a whole new experience for the Slashdot crowd.

  161. Re: I think you're missing something here.... by Josuah · · Score: 1

    But actually, I'm not even so sure groups like DoD should be considered as commiting "larger crimes" simply because larger amounts of software pass through their hands.

    Is this so much a "criminal" action, or "providing a service to the public"? How often has copy protection gotten in your way?


    I can understand this, and am often just as annoyed at how some copy protection schemes work and nag. I will vote with my dollar.

    I do think that more illegal activity does correspond to a larger crime, but it is hard to come up with an analogy or precedent that definitively makes this case. I would think the closest thing is probably renting a movie and making 1 copy for yourself versus 1000 copies for everyone in your neighborhood and office. I think most people will agree that the latter is a much more severe act than the first.

    Also, I will not agree with your criminal versus Robin Hood speculation. It is not as though we are forced to purchase one software package each month or get sent to jail, or lose our rights. That's like saying gas is too expensive so it's okay to buy stolen gas (I know, not perfect because of the change of product, but the idea is similar in my mind). That could certainly also be seen as a service to the public, but I wouldn't accept that statement. The Robin Hood idea is to relieve suffering and oppression by stealing from the oppressors to benefit the oppressed. That is certainly not applicable with Microsoft Office or Adobe Photoshop.

  162. Re:Why is this a CRIME. BECAUSE people DO get HURT by Anonymous Coward · · Score: 0

    you are talking utter crap mate..as has been said before 99.9% of people who use warez would not have bought the product in the first place..i buy utils and games all the time, but i refuse to support capitalist scum like ms..so avoid their products..its an easy equation drop the price of software and most (not all i know) people will buy the product..

  163. Re: voting with your dollar by King_TJ · · Score: 2

    There's nothing wrong with "voting with your dollar" (aka. only buying non copy-protected software), except we have no good mechanism in place to inform the buyer in advance whether or not copy protection exists on the software!

    I can't remember a single game I ever purchased that said on the box "Warning: This CD is copy protected using XYZ protection." Once you open the box and discover such a thing, the product is deemed "non-returnable" since it was opened - and you're stuck. You just voted with your dollar for something you didn't even want!

    The software situation is much more complex than the "Robin Hood" analogies people keep trying to use. For starters, Robin Hood was physically threatening people and taking their money away from them. Software piracy involves no direct assault or confrontation with another individual, nor does it even involve physically stripping someone of their possession of the original code and/or media it's placed on for sale.

    Just as importantly though, Robin Hood was a pretty "cut and dried" case of attempting to make everyone more "financially equal". (A very questionable goal, at best.)

    The software industry, by contrast, does a number of ethically questionable things, including making the buyer agree to shrinkwrap license agreements. (Oh wow, I'm not allowed to use product Y with this product X I just purchased? I had no idea of that until I read page 6 of this fine print *inside the box*!) Sometimes, they attempt to artifically inflate their sales via legal strong-arming people. (EG. Microsoft's lawyers threatening people who try to resell unopened/unused "OEM editions" of their operating systems on eBay.) Sometimes they even partake in "false advertising" when their product promises to perform functions that don't work properly (or sometimes, at all!). Often, the buyer is left with only a suggestion that "we'll address that in an update later this year".

    In this rather hostile software purchasing environment, why is it so surprising that some folks are motivated to strip away the copy protection schemes and help distribute the resulting code? If that makes those doing it into "Robin Hoods", I daresay they should have far less of a guilty conscience than the original Robin Hood.

  164. Advice From an Ex-Federal Prisoner by Master+of+Transhuman · · Score: 1

    I spent eight years, three-and-a-half months in Federal prison for armed bank robbery - I'm not your ordinary geek :-) - so I have some notes on the prison comments.

    First, Federal prison is not state prison. The Feds have their own program and the joints typically do not look or operate like you see in the movies.

    Second, there are dangerous people in the joint. Most of the people are street people from five classes:
    1) Ghetto blacks.
    2) Ghetto Hispanics.
    3) White urban punks.
    4) White rural rednecks.
    5) Bikers (who cross over into classes 3 and 4).

    and a smattering of Native Indians, a few Asians, and a certain number of white-collar people. I had a cellmate in the Hole one time who was a Savings and Loan executive...

    Third, do not run your mouth. People are very sensitive in the joint. You will notice most of them running their mouths, which is why they get into fights, get stabbed, etc. Keep your mouth shut unless you have to say something, and be polite and respectful to people when you do say something. This goes for the guards, too - no matter how much they act like assholes - and they will.

    Fourth, the guards come in two classes:
    1) The guy who can't get a real job and enjoys making $30,000 a year or so for basically doing nothing but unlocking doors and escorting prisoners and handling paperwork. He tends to view the whole thing as a job and won't hassle you unless you break a rule.

    2) The assholes. These are usually (but not always) young punk wannabe cops (B.O.P. guards are not considered "real" cops by "real" cops.) They are too stupid to get a real job (including a real cop job which requires a college education), and they have something to prove. They will hassle you for no reason.

    Fifth, if you threaten a guard with actual violence, you WILL get your ass kicked by three or four of them - despite the fact that it is illegal. And if you complain, you will be ignored by the B.O.P., and if you take it to court through your lawyer, you will not have enough evidence and you will lose (in 90% of the cases.) So NEVER threaten a guard. If a guard roughs you up a little, accept it.

    Sixth, you are in their system - accept it. Don't bother trying to change anything, don't try to fight it, don't file lawsuits, do not waste your time and energy in confrontation - you will lose. This is the Federal government - they have billions in budget and the support of the entire country in how they treat prisoners. It's not going to change any time soon.

    Seventh, you are lucky that you will get a minimum security facility near your home. Don't count on staying there - you won't, most likely. If you get in a beef with another inmate, they will ship you or the other inmate or both of you. They may ship you halfway across the country just because they need to thin out their population. ALL the joints are overcrowded. They may arbitrarily ship you because your Case Manager does not like your face. If you ship, you may be flown or you may spend a day or two on a bus winding through six states, plus stays of up to two weeks in Transit facilities.

    Eighth, the food in Federal joints depends on where you are - some places are good, some are lousy, and they change depending on who becomes the Food Administrator.

    Ninth, do not gamble, do not argue over what program is on the TV set in the TV room, do not deal with known homosexuals, do not argue over access to the telephone. That is how inmates get their asses kicked or stabbed.

    Tenth, and this is critical. NEVER talk to the staff about ANYTHING ANY inmate did. This makes you a snitch and you will get your ass kicked or stabbed to death. If an inmate kills another inmate in front of you (rather rare in most joints), you DID NOT SEE IT HAPPEN! And keep in mind that a LOT of inmates ARE snitches and they will tell on something you did.

    11th, there are other geeks and white collar people in the joint. Find them and hang out with them (to a certain degree) - you need support. Stay away from the guys who are in the gangs - you could get caught up in something just by association.

    There's a lot more I could go into but this should help keep you in one piece. In eight years I never got into a fight, got roughed up by guards only once - however, I did spend three years of that time in the Hole and stayed at three different facilities.

    And remember, you will do 85% of your sentence IF you stay out of trouble - if not, you will do it all. Three years is long, but you can make it in one piece - and you will learn a LOT about how the Federal government REALLY works.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  165. Why OpenSource companies don't make as much $$ by g_bit · · Score: 1
    A program is just basically a representation of a mathematical algorithm run by a combined set of logic circuits and electricity, and an algorithm is just a mathematical equation. Does one "discover" Mathematical equations? Not bloddy likely!

    So, if I ask you to create a program for me that does x, y, and z then it will take no effort on your part because all of the mathematical equations going into it are already invented? Do you think that all the people at a software development company besides the programmers (Testers, Managers, Human Resources, Executives, etc.) serve no function in getting a product out the door?

    I believe that we are discovering algorithms all the time and that we shouldn't be afraid to share them with each other. That being said, the cracking scene IS taking money away from the programmers, which only hurts the community.

    These two statements are conflicting, and you just answered your own question. Giving away all of the effort that it took me to discover an algorithm is the same as somebody cracking it. The company basically has no way to make money on it. Now, you're probably going to say "By selling services, just like Richard Stallman says!" but that's bullshit because it's double the work and half the money if I have to discover the algorithm, give it away, build a service, and then hope people subscribe to it (and hope that another company doesn't just come out with the same service).

    But I don't think it should be paying money for some closed algorithm. I think it should be paying money to the programmer to find an algorithm for us to use and explore. That way, everyone could see the program and use it in any way they want. If I buy a car, I'm free to take it apart and fiddle with it all I want right? Why not make that the same with computers and software?

    Once again, how could the programmer make money if he gives it away (without doing EXTRA work to build a service to tie the algorithm into)?

  166. warez by st0rmcold · · Score: 1

    If you are some sort of crazy scientist, and you are playing with certain chemicals and you develop some type of substance that can be taken for a drug, is then stolen from you, reproduced in mass quantities? should you then be charged as a drug exporter? Take a few mintues and think about how the "scene" works, a coder, full of curiosity, decides he wants to try and break through protection, to test his own skill, and has a copy of that information on his personal ftp site, and it is taken from him, to be transfered to other sites all over the world, even though he is not involved wahtsoever in the transporting of these broken files, why is he the only criminal to be charged for such a crime? The people who normally "crack" the software, almost 90% of the time, buy it, and own a legitimate copy of the product before even touching it, as for it to get out in the scene, somebody needs to pay for it initially. I think the people using the software should be charged with the same crime as the the creator, as they are all fully aware of their actions. Also a note on Chris's comment about not returning to the scene, its really a great place to be, with alot of friends to be made, and I dont believe him for a second, he is saying that to keep law enforcement off his case for when he gets out, but I have talked to many people who were busted and still couldnt stay away and come talk to their long time friends :P If u want to do the crime, u gotta be ready to do the time, maybe some DoD mebers werent ready, but the scene is going stronger than ever, and everybody is fully aware of what happened with operation bucanneer, seeing as it didnt slow down a bit, shows that alot of people are ready to do the time for the thrill of the rip :) Realistically, it will never stop, law enforcement just need to keep a tight forcefield around it so it dosent get too big, but it will never die.

    --
    Posting useless rant since 2003.
  167. Ass-rapings... by Anonymous Coward · · Score: 0

    ...hurt.

  168. Crazy americans by Anonymous Coward · · Score: 0

    I think copyright is just a sad marketing sceme to make more money out of something that already made enough money.
    Does creating a backup of the CD I bought make me a criminal?
    Does uploading that backup to an FTP, so I can download it again when I loose my CD, make me a criminal?
    When somebody else downloads my backup, does that make me a criminal?

    I have no bad intentions, if I really like and use software, i buy it.
    I bought my Windows XP, I bought my Earth & Beyond, I bought my R-Studio NTFS.
    If somebody else decides to download MY backup, i don't think it is my problem.

    Therefor i can not anwser YES to any of the above questions.

    But hey, if Microsoft can possibly make another $300 by calling me a criminal, then i guess i AM a criminal. (after all)

    It's always about the allmighty dollar, and i fucking hate it!

    Can you imagin why eastern countries hate the US?
    Nobody cares about the meaning of life anymore, its all about the money.
    Well that's not a world I want to live in, and I think many would agree if only they would look further than their wallet.

  169. Re:Bah by Anonymous Coward · · Score: 0

    That sheep story was awesome. Kiwis are so fucked. I hope that fuckwad parent post moves there so I don't have to break his redneck teeth when I run into his conservative closet queer ass.

  170. Re: voting with your dollar by Josuah · · Score: 1

    Yes, there are many problems with the EULAs and other business practices of the software industry. But I don't think those practices, or a hostile software purchasing environment, justify bypassing software copyright protection or distributing software illegally. You still have the choice and the legal right to exercise your choice and punish those who try to impose illegal restrictions on you or commit fraudulent or misleading business.

    And yes, while our system is not perfect for helping the little guy do this, that is the system we have and the system we have to work with. I don't like how big business has railroaded a lot of the laws in Congress, but I don't have the right to not live under those laws. I do have the right to try and change those laws and elect different people.

  171. Re:Ahahahahaaa! Loser. You got caught! by Anonymous Coward · · Score: 0

    With respect to DoD, there are much bigger groups in the scene. Still, if you have a look on that bucaneer website thing, they mention RiSC, which I have to say is one of the better-known groups, and seeing them disappear from the scene would make an impact.

  172. Show love by Anonymous Coward · · Score: 0

    Chris, Don't be gone too long. You will be missed. I know I haven't talked to you in awhile.. I guess I pissed you off one too many times hacking your mit boxes. I was just trying to help you tighten down your security so shit like this wouldn't happen. :( I never got a chance to tell you, that night at scoreboards and we pounded down dozens of pints of guinness.. the hour and a half drive home.. I spent half of it with a state trooper following my extrordinarily intoxicated ass! I didn't get nabbed with the heat barrelling down my ass and endangering the lives of thousands of commuters flying down the interstate going 80 MPH with a trooper following me, and damn near 100 when he finally left.. and you get 33 months for this bullshit. Hell, had I hit and killed someone I probably would be out before you. :( When you think of terms of real damages, your life has been devastated by this. Piracy affects no more than probably 5% the total _distribution_ of a software company, and perhaps these laws just need to be rethought because the only "damage" you inflicted these software companies is by distributing their warez to a largely 15-25 yr old demographic that most likely wouldn't have bought their shit anyways.. But htey would have learned how to use it, which greatly benefits the company. Do I have a warez copy of photoshop at home? yes, since 3.xx for mac. Since I've grown up and gone to work, guess what, when I need to use a photo manipulation tool, I purchase a photoshop license. If these people would focus on targeting the COMPANIES that steal licensed software and forget about the "organized crime" aspect of it they would see much better results. It's easy to scare a corporation into submission, but targeting the curious (every scener is by default a curious person technically) children that grow into the scene as a fascinating culture of the internet generations if flat out wrong. But shit chris, your site was HUGE, it couldn't go unnoticed. The world is fucked up, and despite all your words, I don't think you did anything worth all this. I've seen jail, and it sucks. Look to be better at playing basketball when you get out, cause god damn, I'd hate to have to beat you from the line again! We never die, we only become legends, Drink or Die for life with love, letterman "Our only crime is that of curiosity."

  173. Not stealing. by TheLink · · Score: 2

    It's not stealing.

    Look if it really were stealing there wouldn't be a need for copyright law since there are plenty of laws for stealing and theft already.

    Yes there are reasons for copyright laws. Different countries have different rules for their own reasons. If you break such laws you are depriving the copyright owner of a legally granted monopoly on copying and distribution. Where I live, it's not infringement if it's for private and domestic use.

    I suggest you try not to say it's stealing when it is not. There are too many people brainwashed already - "stealing", "intellectual property", "piracy", "Digital Rights Management".

    And then there's the part where people tell you to agree to X before you can use their stuff.

    Perspective: No surprise people are often hurt when you don't do what they want you to do. But that doesn't mean you should always do what they want.

    If there is greater harm in doing what they want opposed to not doing it (keeping in mind laws, rules, customs, society's expectations, setting a good example etc), then it's better not to do it.

    --
  174. Too bad by Anonymous Coward · · Score: 0

    Hey, that's too bad about him going to prison. I hope he doesn't drop the soap! : P

  175. Industry motivation by Knacklappen · · Score: 1

    Software companies really do lose money from piracy, why else would they support these types of organizations?

    Well... my point of view is that the companies do support these types of organizations because it is a good investment. The do not lose money from so called "piracy", it's more that they could earn even more. So, investing in organizations that fight "piracy" is a good deal, as long as the revenue made from "converted pirates" is higher than the original investment.
    But since nobody really can say whether all caught "pirates" really would have bought the stuff they "pirated", the whole thing is somewhat hard to prove.

    --


    Excellence: Moderate (mostly affected by comments on your karma)
  176. I still dont agree with the 'theft' label by nurb432 · · Score: 1

    If i wasnt going to purchase the package in the first place, what income did they lose from me?

    Zero.. thats the answer.

    Now if i copied just to save a buck that i would have spent otherwize.. that would be labeled theft.

    --
    ---- Booth was a patriot ----
  177. Federal Prison by Anonymous Coward · · Score: 0

    This is a FEDERAL minimum security prison. I've been there (2 years, 3 months). He doesn't have to worry about his arse.

    These places hold crooked accountants, and the ilk...

    Depending on his orientation, maybe some of the current inmates need to start trembling...