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BSA Accuses OpenOffice Mirrors
sqrt529 writes "A German university was accused by the BSA of pirating MS Office, because they mirrored OpenOffice.org. The scripts from the BSA only check for "Office" in the filename and then automatically send out notices to the ftp admins. Did any of you get similar notices from the BSA?"
This is really funny actually. I'm going to start uploading mp3s named "office.mp3" to ftp sites now for fun.
Remember,democracy never lasts long.It soon wastes, exhausts and murders itself. John Adams (1814)
"I've got an idea! Let's write scripts that will automatically log in on FTP servers, waste bandwidth, cost people money, and also do a shitty job looking for pirated software!"
Yeah, that's really bright. If I were operating any servers that had been raped by the BSA's scripts like this, I'd be extremely pissed off. They should realize that bandwidth isn't exactly free, especially not in countries != US.
And imagine what the BSA would have loved to do to these servers if they were allowed to hack the offending boxes.
FTP is a file-sharing protocol, isn't it?
Doing the Right Thing should not be preempted by making a buck.
From the letter:
BSA represents that the information in this notification is accurate and states, under penalty of perjury, that it is authorized to act in this matter on behalf of the copyright owners listed above.
So the BSA has perjured itself; now what is the penalty?
Filename:
The above computer program(s) is/are being made available for copying, through downloading, at the above location without authorization from the copyright owner(s).
It seems almost astonishing that even the BSA can be as utterly incompetent as this (does BSA stand for Bloody Stupid Alliance?). Unless you go for the conspiracy theory that they're deliberately hassling their clients rivals...
Quote: "As you know, illegal on-line activities can result in 50 million people on the Internet accessing and downloading a copyrighted product worldwide without authorization - a highly damaging activity for the copyright holder."
Well I suppose 50 million people downloading OpenOffice would damage Microsoft's Office sales :)
From the BSA letter in the article:
>> FTP Login Name: anonymous
>> FTP Login Password: guest@nowhere.com
Hmm. Using a spoofed (or at least, invalid) e-mail address?
As most FTP servers allow anonymous access if you "Please provide e-mail address as password", I'd call that gaining access under false pretences. Is the BSA representing those same companies that get so pissy when people (for privacy reasons) use spoofed details on web "please register" forms?
If they can do it, so can we. I won't feel so guilty - not that I did anyway - next time I install software and register it to "nobody@mindyourownbusiness.com"..
It's clear the much feared BSA has made a mistake.
However, since their actions in the past have caused untold scrambling to find licenses on the part of many law-abiding but sloppy businesses, I think it is only fair that BSA likewise be caused to scramble. Because the BSA, likewise, has now been sloppy.
The university should have lawyer draft up some pompous letter indicating that
[I know, it will be only a paper tiger and never stand up. But I'm sure I'm not the only one that fantasizes about seeing the BSA have to eat their own dogfood for a change.]
"Provided by the management for your protection."
Just remember everyone, Unix-like operating systems (Free-BSD, Linux, GNU/Linux, HPUX, Solaris, etc.) have the capability to have "Empty" files. When you do an `ls`, they CAN show up as huge....
I think I'll go making a download page at my website with "Office.zip", "Word.zip", and "Outlook.zip", which all will appear to be 600 megs or larger.....
LongTail SSH Brute Force analysis tool is here!
.../mandrake_current/SRPMS/OpenOffice.org-1.0.1-9m dk.src.rpm
Hmmm, seem's as if their regexps need some fine-tuning...
-- There is no place like $HOME.
Not too much of a stretch. Microsoft has been a major contributor to the BSA since its inception. It harasses companies based on rumors of software non-compliance co-opting US Marshalls to act as a the gestapo. It is also growing power and influence worldwide.
Read this interview with Gates himself for more insight on Microsoft and the BSA.
To sum it all up, the BSA *is* Microsoft.
and put in the public/pirated/ms directory. Maybe the files can be filled with repeat copies of the US Constitution and the GPL. Add links from your website. Put out advertisements for it on Kazaa.
End of Line.
They couldn't have.
If memory serves me correctly, and it has been known to fail me at times, one of the requirements under the DMCA is that an expedited "takedown" notice has to be stipulated "under penalty of perjury" to be valid.
Arguably, this was to prevent people from making stuff up to get other people's sites taken down. Otherwise I could send a letter to your ISP claiming that your site infringed on a copyright that I or someone who employed me held. The ISP would immediately take your site offline, doesn't want to loose its "safe harbor" immunity. By the time you contested it, your site would have been off line for a day or longer. This way, if you do send out a "take down" notice that you haven't checked and made sure that it did indeed contain infringing materials, you could be punished.
I think that the BSA should be taken to court. If they can have a program automatically generate notices to hundreds or thousands of sites automatically, whether or not they are actually infringing, it makes a mockery of swearing to something under "penalty of perjury".
Scripts shouldn't be allowed to threaten legal action. The DMCA is bad enough as it is. If someone doesn't put a stop to this soon, a large swath of the net could be censored by bogus "take down" letters. Saying "Opps, so sorry 'bout that" when some one calls you on your lie isn't good enough. What about all of the other sites that may have or will get taken down because of things like this that weren't caught?
Just my $0.02 (Canadian, before taxes)
From the BSA apology: (italics and emphasis mine)
Apparently our system detects the OpenOffice files as MS Office programs and alarms me, which in turn sends the notices. I failed my part by not reassuring clearly enough which property was infringed and now that I am aware of that fact we will try and fix the search terms of our system and of course be more aware of the possible mistake.
Apparently, they automatically assume that some one/organization is a crook by the "which property was infringed" statement. No human oversite of the 'bot, no extensive verification routines, etc. and the result is frivolous threats and accusations. This isn't the first time I've heard of this happening. To me, this sounds like routinely making false accusations against innocent people and businesses.
IANAL, however let's see if I can layout objectional behavior and possibly illegal behavior:
Frivolous accusation of wrong doing without due diligence to verify allegations made by threat. This cost the University money because employees had to deal with a claim without merit. At least 2 employees, and a potentially expensive number of man-hours. No doubt, the person who received the threat sent it to their boss, who either sent it to their boss or the legal department. At least one meeting would have ensued as well as researching the claim that the University stated that they did to check that in fact they were not distributing MS Office. That could be several thousand Euros or even more that ten thousand Euros based on time involved where these people could have and would have been engaged in productive work.
Despite the point of entry being anonymous FTP, the BSA engaged in what might possibly be theft of service (by consuming a finite resource for other than the purpose the allowed reason of access that the University pays for). This may also prevent others from using the system legitimately because of the expense of the system.
Trespassing possibly. SPAM has been cited as trespassing due to the use of others assets for transmittal and storage. Perhaps this can be construed like this as well.If in fact accusations like these directed against the University of Muenster have been occuring for some time against others for doing similar things, than the apology (from the organization since I can't speak for the individual) most likely is not sincere and means that this behavior will in all likelihood continue, the the University and others. I believe we can be reasonably sure that the BSA has not ceased this behavior because of this incident.
I feel that this situation is akin to this scenario: I give or sell a dozen cookies to people or organizations in Boston. Then, I walk into every office in New York City and exclaim that because there is some food on a desk, food waste in the trash, etc., that they obviously stole my cookies because cookies are food. Cookies are the metphor for software and an unlocked door at an office is the metaphor for anonymous FTP.
What this shows is that the BSA is engaging in activities in multiple countries. Because their membership is dominated by the major software companies, and here they threatend the distribution of a competing, if free, product, perhaps this can be construed as collusion by the software giants and anticompetive behavior. Can someone cite other similar instances?
No, it's more like this:
After college you use a small inheritance to open up a wicker basket shop. What's wrong with that? Just because you're a man doesn't mean you can't sell wicker bastkets! It has NOTHING to do with your sexuality. Anyway, one day an odd man walks into your shop, picks up a basket, and starts screaming "You haff stolen mein design! Look at zis basket!"
Quickly you rush over to get him to stop screaming. He looks at you oddly for a second, then mutters "my mistake" and shoves the basket into your hands and stumbles out. As you start to put the basket back on the shelf, you notice a strange capsule on the bottom. "Odd." you think.
Since it's your lunch hour the next time the shop is empty you put up your closed sign and sit back in your office. Examining the small capsule you realize that you can open it. When you do so a small piece of translucent plastic pops out. "Wait a minute," you think, "that almost looks like microfilm..." This has turned into a strange day. You put the plastic back in the capsule and hide it in the office safe, behind the picture of dogs playing poker. All through the rest of the day you puzzle over the odd events. Finally, you close up shop and leave; since tomorrow is Saturday, you open up late. Maybe you can head over to your alma mater, the local community college where you studied Wicker Science and use one of their microfiche machines to see if that strange strip of plastic really is microfilm.
As you stop by your office early Saturday morning you sense something is wrong. Quickly entering your office you're horrified to find that the place is trashed; papers are strewn about, furniture has been moved, and figurines from your porcelain kitten collection have been thrown to the ground, and now lay in shards. Breathlessly you check your safe; apparently they didn't check the painting, and the capsule is still there. You feel a cold ball of fear settle in your stomach; what the hell is going on?
If you've read this far you'll find it's not really an analogy, but I wanted to write a little story featuring a wicker shop. Maybe next time a post on slashdot mentions a wicker basket shop I'll write part II of the story.