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Microsoft Pirating Their Own Software?

14ghz writes "Microsoft gave out copies of .NET Visual Studio Pro to attendees of the Microsoft .NET Student Tour. Despite the discs saying "UNLICENSED SOFTWARE -- Illegal without separate license from Microsoft", the freebie didn't contain any license document, and one guy decided to ask the MS conference rep about it. Read the in-progress story."

469 comments

  1. Not pirated by Anonymous Coward · · Score: 3, Informative

    Those are bulk media discs, not pirated discs. They require a separate volume licensing key to use.

    1. Re:Not pirated by yerricde · · Score: 2, Informative

      They require a separate volume licensing key to use.

      From the blurb: "the freebie didn't contain any license document." So where was this key?

      --
      Will I retire or break 10K?
    2. Re:Not pirated by AnotherShep · · Score: 5, Interesting

      On the back of the sleeve the first CD is in. I got the same CDs at an event on the same tour.

    3. Re:Not pirated by Anonymous Coward · · Score: 0

      Without a license, installing that software is against their software AUP. In other words, without a license, any installation of bulk media software is deemed illegal, therefore it is pirated.

    4. Re:Not pirated by GnarlyNome · · Score: 2, Funny

      My Head Hurts! this is a new high for M$ I have always considered them more of a pain in the Butt

      --
      Diplomacy is the art of saying "Nice doggie" until you can find a rock. Will Rogers
    5. Re:Not pirated by Anonymous Coward · · Score: 5, Funny

      What was that key, by the way? I lost the sleeve of my copy that I, uh, also got from one of those events...yeah, that's it. (c:

    6. Re:Not pirated by Anonymous Coward · · Score: 0

      And so David did pick up the keyboard, and he did smite Goliath's monitor with a simple e-mail movement.
      Dudes....going to the mattresses

    7. Re:Not pirated by ubugly2 · · Score: 5, Funny

      M1CR0-S0F71-54WU5-5YID1-OT5HA

    8. Re:Not pirated by Sparr0 · · Score: 2, Informative

      Sent this to the article author, thought I would share it here too...

      I think the biggest problem with your interpretation of the events is your misunderstanding of what software is and how copyright and transfers of ownership work. Sasha, and Microsoft (the holders of the copyright) by extenstion, is within the law to distribute copies of their works in any way she wants, as long as she has permission from her boss (as a Microsoft employee, not as an individual). She has transferred ownership of one "copy" of VS.Net to you. By not including a license agreement she has placed no additional restrictions on the transaction (so called "after sale terms", common in purchases of software or insurance). As long as there were no terms to the sale (which it was, since you paid to attend the event at which you were promised the item) then the warning on the disc itself has no bearing. Having ownership of the copy you are legally allowed to do anything you want with it that isnt on this list: http://www4.law.cornell.edu/uscode/17/106.html , which tells you the things that the copyright holder has exclusive rights to with regard to a copyrighted work. You will notice that USING the software is not on the list.
      Some will argue that by installing/running it you are "reproducing" it (on the hard drive, and in RAM, respectively), but you can easily dissolve that argument by pointing out two things. First, that running it is not legally reproducing because by the definitions of "copies" and "fixed" ( http://www4.law.cornell.edu/uscode/17/101.html ) you see that the copy must exist "for a period of more than transitory duration", which obviosly the copy in RAM does not. And secondly, installing it IS reproducing, but is specifically allowed under numerous legal precedents extending Fair Use to include software installation. However, you cant distribute it, because that is agaisnt the law (see the previously linked list).

      Anywhere I have used quotes I am either citing law or using a word by its legal definition, elsewhere you can assume I am using the common definition.

      (read "you" to mean the article author)

  2. Piriting own software by Anonymous Coward · · Score: 0

    headline: new low for microsoft, they pirate helpless software companies... themselves.

    1. Re:Piriting own software by k-0s · · Score: 1

      Everyone else pirates their software, why shouldn't they do it also? LOL

  3. New business plan by Transient0 · · Score: 5, Funny

    Maybe they've just decided to give out illegal copies of their software to everyone they can and then sue them over it. It's easier than getting them to trudge all the way down to the store and fork out a hundred bucks willingly.

    1. Re:New business plan by Anonymous Coward · · Score: 0

      This isn't news. Around my campus MS knows that people pirate its software, and frankly, the reps generally don't care. They're happy with the market share that the students generate, and they figure that if they get lifelong customers from this point on, they'll eventually become too old/not computer savvy enough to pirate software.

    2. Re:New business plan by Anonymous Coward · · Score: 0, Funny

      1. Hand out "free" software with "illegal to use" printed on it
      2. Sue everybody who uses it
      3. Profit!!

      Now we finally know what #2 was

  4. I havent installed MS Software for ages but... by Idimmu+Xul · · Score: 1, Insightful

    Dont they normally have some kind of click through license?

    "Do you agree to our terms and conditions YES | No"

    Kind of thing?

    --
    The problem with slashdot is that most of its users were bullied and stuffed into lockers as kids!
    1. Re:I havent installed MS Software for ages but... by rmarll · · Score: 5, Insightful

      Thats an EULA (End User Liscence Agreement) not the actuall liscence itself, which is a piece of paper with the equivalent of a serial number and some leagal jargon.

      What happens if the student installs it on his (or the universitie's or their workplace) PC, and the BSA shows up?

    2. Re:I havent installed MS Software for ages but... by JJahn · · Score: 1

      Then you tell the BSA to fuck off and don't let them in. And delete the software with a very good deleter utility before they bribe the cops to come with a search warrant.

    3. Re:I havent installed MS Software for ages but... by shepd · · Score: 3, Funny

      >And delete the software with a very good deleter utility before they bribe the cops to come with a search warrant.

      I reccomend a mix of microwave and grinder.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    4. Re:I havent installed MS Software for ages but... by KoolyM · · Score: 2, Insightful

      No you don't. Because then they'll get search warrants and they'll come back, your hardware gets impounded for investigation and you won't have access to it for several months before the powers that be figure out there's nothing illegal on there.

      Why do you think BSA audits scare companies so much?

    5. Re:I havent installed MS Software for ages but... by dark-br · · Score: 1

      What happens if the student installs it on his (or the universitie's or their workplace) PC, and the BSA shows up?

      In two "words": format c:

    6. Re:I havent installed MS Software for ages but... by Anonymous Coward · · Score: 0

      Then I will countersue them for violiations of my fourth amendment rights - they had no probable cause that I was using pirated software, much less any microsoft software period. After I win that lawsuit, I will sue for damages based on the inability to access my term paper and lost time based on my inability to do the things I needed to do on my computer for school.

    7. Re:I havent installed MS Software for ages but... by zcat_NZ · · Score: 3, Interesting

      three words back;

      Norton disk recovery

      You have no idea how LITTLE information a DOS format actually erases do you? "NONE AT ALL"

      Here's a better idea.
      Boot knoppix
      switch to a root shell
      for wipe in 5 4 3 2 1; do dd if=/dev/urandom of=/dev/hda ; done ; dd if=/dev/zero of=/dev/hda
      Go to bed; it'll be all finished by morning.

      --
      455fe10422ca29c4933f95052b792ab2
    8. Re:I havent installed MS Software for ages but... by Anonymous Coward · · Score: 0

      jesus christ, isn't that command a little excessive. Overwriting a drive with random data five times and zeros once is way more than enough. A quicker and equally good command would be:

      dd if=/dev/zero of=/dev/hda

      You could use /dev/urandom but why? Once data is overwritten it can no longer be recovered by any known human means. (Maybe aliens can do it, but what judge would allow the use of alien technology in the production of evidence.)

    9. Re:I havent installed MS Software for ages but... by reanjr · · Score: 1

      That's incorrect. There are data recovery companies that can read upwards of a dozen past writes of data, sometimes even if the platters have been somewhat mangled.

      There is apparently latent amounts of data that gets weaker and weaker each write, but with the correct equipment can be picked up.

      So I'd say in an important situation, five overwrites would a good idea. I agree it doesn't have to be random.

    10. Re:I havent installed MS Software for ages but... by Anonymous Coward · · Score: 0

      The "Illegal without a seperate license from Microsoft" CDs means you don't get a paper license - the actual license is ON the CD.

      Open it up, you'll find it in there when you try and install it.

    11. Re:I havent installed MS Software for ages but... by irc.goatse.cx+troll · · Score: 1

      Each write isnt directly on top of the last one, there is a little variation. Also, Zeros are easy to read under with a microscope.

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    12. Re:I havent installed MS Software for ages but... by karlm · · Score: 1
      Actually, random is much better than zeros. There are also some patterns you should write over the hard drive before writting the random data (based on the way the HD actually stores data to disk). People actually do research on how to recover/prevent recovery of files.

      A known overwrite history helps in interpreting residual data. The usual way people in the know suggest overwriting the HD is to use /dev/random to generate an encrypion key, then create an encrypted block device (say, by using an encryptd loopback device) using that key, then writing encrypted zeros to the disk. Wash, rinse, repeat.

      Note that overwriting the entire disk several times is a big stress on the drive. I've killed two hard drives during secure deletion of content. I suspect it was a heating problem. Cheap OEM HDs aren't designed to undergo contant writes for hours on end several years after manufacture. Then again, maybe I just have bad luck.

      --
      Copyright Violation:"theft, piracy"::Anti-Trust Violation:"thermonuclear price terrorism"<-Overly dramatic language.
    13. Re:I havent installed MS Software for ages but... by Anonymous Coward · · Score: 0

      Even better - a bulk tape eraser. THAT is faster than anything!!

    14. Re:I havent installed MS Software for ages but... by Anonymous Coward · · Score: 0

      Or you just run a low level format of your hard disk... if paranoid, repeat several times.

    15. Re:I havent installed MS Software for ages but... by yuri+benjamin · · Score: 1
      Then I will countersue them for violiations ...

      ... and lose. Even though you'd be right, right doesn't matter. Legal budget matters. I doubt your legal budget could match the BSA.
      OTOH I would donate some money if my NZ$ are of any use (exchange rate sux right now so you wouldn't get much from me :-(

      --
      You make the mistake of thinking you can educate the fundamental stupidity out of people. You can't.
    16. Re:I havent installed MS Software for ages but... by erc · · Score: 1

      There are data recovery companies that can read upwards of a dozen past writes of data, sometimes even if the platters have been somewhat mangled.

      Oh, really? Who? Name names, please. I have a very valid law enforcement need, so put up or shut up. Alphabet-soup government agencies don't count.

      --
      -- Ed Carp, N7EKG erc@pobox.com PGP KeyID: 0x0BD32C9B What I'm up to: http://intuitives.mine.nu
  5. EULA's! Get your EULA's! by Fjornir · · Score: 1, Funny

    ...onna disc, they're lovely! EULA's, c'mon, getchore EULA's!

    --
    I want a new world. I think this one is broken.
    1. Re:EULA's! Get your EULA's! by Anonymous Coward · · Score: 0

      ....I'm not giving away one, I'M not giving away two...how do I do it? I must be barmy! 'Ere missus...buy three and I'll throw in a free set of bathroom towels...etc etc

  6. not illegal, just license free!!!! by AmigaAvenger · · Score: 5, Funny

    start uploading those things!!! It is in writing that there is no license for those. Your typical license says, among a bunch of other stuff, no copying, distributing... Hence, no license, distribute all you want! Free as in beer!!!

    1. Re:not illegal, just license free!!!! by Anonymous Coward · · Score: 1, Informative

      No, no license means you get only the rights that copyright gives you. Use is ok, distribution is not. Hell, this issue is discussed right in the GPL, read it one day.

    2. Re:not illegal, just license free!!!! by Anonymous Coward · · Score: 0

      No, "license free" does not mean free from conventional copyright laws.

    3. Re:not illegal, just license free!!!! by Anonymous Coward · · Score: 0

      So basically the only thing he can do with it now that he couldn't if it was licensed is install it on multiple computers?

    4. Re:not illegal, just license free!!!! by Anonymous Coward · · Score: 0

      Screw that, read the BSD licence. GPL is for whiners.

  7. Discretionary licensing by mfh · · Score: 5, Interesting

    It's totally up to Microsoft to determine how to license their software, and whom to license it to.

    What's the fuss? They could license it for free use to recovering crack addicts that live on the 3000 block of 1st street that wear green pants if they wanted to.

    As long as some marketing monkey at MS has the OK from the higher-ups, then it's all good.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Discretionary licensing by Anonymous Coward · · Score: 1, Interesting

      I think his concern is that Microsoft didn't provide any written license with the software, nor did it provide any explanation as the terms of use for that software. Sure, Microsoft can license its software as it wasnts, but an email from some Microsoft stooge say "don't worry about the license" isn't going to provide any sort of legal protection.

    2. Re:Discretionary licensing by fredrikj · · Score: 2

      It's totally up to Microsoft to determine how to license their software, and whom to license it to.

      Well, not entirely. While I'm not familiar with American law, I doubt they're allowed to, for example, discriminate people depending on their sex or skin color.

      Though this is offtopic, I know.

    3. Re:Discretionary licensing by mfh · · Score: 3, Interesting

      Except for the fact that MS would have a very hard time proving any malfeasance on the part of the consumer.

      Especially when said consumer was at a conference with several thousand witnesses that did the same thing. Then, concievably, a countersuit could be filed on the grounds of entrapment/false advertising/whatever, i'm not a lawyer, only stating the obvious.

      --
      The dangers of knowledge trigger emotional distress in human beings.
    4. Re:Discretionary licensing by Kevitt · · Score: 3, Informative

      I disagree. That's the equivalent of installing, say, 50 copies of AutoCAD when you only have one license, and then saying "well... yeah but only one person uses it at a time."

      That's not the way it works. There is no descretionary license. If you want to play by the rules, then *everyone* plays by the rules. Including Microsoft Sales managers that like to hand out CDs to the unwitting.

      BTW... I wouldn't install that POS "development suite" if *they* paid *me*.

      HEH! HA!

    5. Re:Discretionary licensing by Ugmo · · Score: 5, Insightful

      It is up to Microsoft how and to whom they license the software but this guy and 500 others did not get a license of any kind, just a disk.

      He could have downloaded this off of Kazaa or somewhere.

      What happens when the company or school he is at gets audited 6 months from now? Does he have to pay up for a license? If MS had given him a piece of paper that said 1 non transferable license free for non-commercial use he could wip the paper out and show the auditors. Now he has to erase the software from his computer or pay up if he gets audited. MS is being lazy. If they want the rules to protect their revenue stream then they have to stick to the rules themselves.

    6. Re:Discretionary licensing by Ponty · · Score: 1

      But sexual orientation is fair game. I like living in a progressive country.

    7. Re:Discretionary licensing by SirSlud · · Score: 5, Insightful

      Yeah, but when the BSA comes in, sees you have a copy of MS software, but no license?

      Considering they dont consider owning the original CD proof that you own it, I don't think they'll consider an email from an MS rep saying "its okay" proof that you own it.

      Just because an MS employee says 'its okay' does not cover your ass in court if MS's *other hand* comes knocking at the door looking for proof that you indeed own licenses for the software you have installed on your computer.

      The point is, the software/CD is worth nothing. The license is worth something. And you need the license to use the CD. Anything else could be a little bit of unintentional BSA-enforced entrapment.

      I don't think it'd really happen, but the guy has a very very good point. It'd be like a sheet music service giving you photocopies of some sheet music (ie, no proof you own them), and saying "its okay, go ahead" .. but it'd be your ass on the line if anybody contacted Leonard Publishing about your supposedly 'legal' pirated sheet music. Of course the owner of the copyright can let you have use of it for free, but if they dont give you legal proof that you own it, they could be responsible for getting you in legal trouble when an entirely seperate entity wants to check on the validity of what you own.

      --
      "Old man yells at systemd"
    8. Re:Discretionary licensing by dbarclay10 · · Score: 2, Interesting
      t's totally up to Microsoft to determine how to license their software, and whom to license it to. What's the fuss?

      It's a big deal BECAUSE there is no license. They're giving away unlicensed software. To students. Who might use it to make really great software. With unlicensed tools. They might make great software. Illegal software, because of those unlicensed tools. Software MS may take offense at.

      --

      Barclay family motto:
      Aut agere aut mori.
      (Either action or death.)
    9. Re:Discretionary licensing by Arnold_Crenshaw · · Score: 1

      Dear sir,

      Thank you for your insight.

      This is to notify you that you have been sigged. Enjoy the honor responsibly.

      Yours truly,

      A.C.

    10. Re:Discretionary licensing by earthcrosser · · Score: 1

      BTW... I wouldn't install that POS "development suite" if *they* paid *me*.

      VS.NET is actually quite nice. Not everything that comes out of Microsoft is crap, you know. I suspect you'd be endlessly singing its praises if it were a product of the OSS movement.

    11. Re:Discretionary licensing by jhayworth · · Score: 1

      I disagree that the development suite is a POS. I'm not one for not using a product just because alot of "people" (i.e. Linux/Unix/Mac zealots) don't like the company. But just because I'm curious about where your comming from... What development suite do you use?

      --

      Linux is only free if you consider your time worthless

    12. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      Does this mean you're gay? Will you go out with me?

    13. Re:Discretionary licensing by Spellbinder · · Score: 2

      without a licence he can't prove he has the right to use this software!!!!!
      what if BSA or MS comes after him for pirating the software????
      if the microsoft employee was allowed to hand out the software everything should be ok... (don't forget it's microsoft and add this to the US law.... =)
      or from where should he know if he is or isn't allowed to use this software commercial or to hand out copys to his mates???? or what ever...
      i personally give a shit to licences (at least with companys like ms)
      but maybe this one could really fuck his career up if he get a caught "pirating" a (shitlike) piece of ms software

      --


      stop supporting microsoft with pirating their software!!!!!
    14. Re:Discretionary licensing by norton_I · · Score: 1

      Have the improved it a lot? I haven't used VS in a while (version 4 maybe?), but at that point it was perhaps the most buggy piece of MS software ever, though early versions of IE gave it a run for its money.

    15. Re:Discretionary licensing by GigsVT · · Score: 2, Insightful

      If you make software with pirated tools, you still own it, and there is nothing illegal about the software you wrote.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    16. Re:Discretionary licensing by GimmeFuel · · Score: 1
      MS is being lazy. If they want the rules to protect their revenue stream then they have to stick to the rules themselves.

      Secretary: Senator $scumbag's office.
      Bill: Mr. $scumbag please.
      Secretary: Who may I ask is calling?
      Bill: Bill Gates.
      Secretary: Yes sir Mr. Gates sir. I'll put you right through, sir.
      $scumbag: Hello?
      Bill: Hey, it's me. Did you get that last check OK?
      $scumbag: Yeah, everything's cool. What can I do for you?
      Bill: I was talking with my lawyers and they want that new anti-piracy bill we talked about to only apply to other people. We should be able to break it as much as we want.
      $scumbag: No problem.

      Yes, in a rational world, corporations would be held to the same standards as everyone else. Tell me if you ever find a rational world, though.

    17. Re:Discretionary licensing by Joey7F · · Score: 2, Funny

      I got it for an intro level C++ class, and it works well! Though, it is sometimes hard to justify the cost, the fact that it keeps track of parenthesis by bolding its compliment is worth the cost alone.

      Also it is nice to see a list of functions for structures and classes etc.

      --Joey

    18. Re:Discretionary licensing by Foolhardy · · Score: 1

      If Microsoft trusted owning original CD(s) to be proof of owning a licence, they would only sell licences and allow you to download the distributions for free.

    19. Re:Discretionary licensing by m1a1 · · Score: 2, Interesting

      I disagree. That's the equivalent of installing, say, 50 copies of AutoCAD when you only have one license, and then saying "well... yeah but only one person uses it at a time."

      I know for sure this happens with certain software (I couldn't say autocad for sure).

      At my University we have limited matlab licenses. If you try to start matlab it tries to use a license off of a license server. If all the licenses are already in use you are told that you can't use matlab right now becaue there is no license available for you.

      This is a whole lot of fun the day before several classes have matlab projects do. It's great to sit and click the matlab icon for 30 minutes until it opens, and then you never close it, you protect that license with your life.

    20. Re:Discretionary licensing by Joey7F · · Score: 1

      Though if you printed out the emails, wouldn't that be sufficient proof?

      --Joey

    21. Re:Discretionary licensing by robbo · · Score: 1

      That's all well and good, but what exactly constitutes the license? IMHO, the BSA would be satisfied with the fact that you have the original key that's pasted on the CD case-- that's effectively your license. iirc, all the usual licensing paperwork is generic with no particular identifying characteristics. Not to mention that when you install the software, the legalese is presented to you. I agree with the other posters who are saying '-1 Nitpick'.

      --
      So long, and thanks for all the Phish
    22. Re:Discretionary licensing by coupland · · Score: 1

      >I don't think it'd really happen, but the guy has a very very good point

      Lots of people with gripes on Slashdot also have good points, they just don't get posted on the main page. This is some guy who felt like jerking his M$ rep around and thought it would be newsworth. A Microsoft sales rep making a mistake does not impress me, move along people real news found elsewhere...

    23. Re:Discretionary licensing by KnightStalker · · Score: 1

      What were you using prior to VS? Notepad? Nearly every programming editor, free or not, does some kind of parenthesis matching. Emacs has three or four different styles of paren matching. You should do more research before you decide what the cost of things is worth. :-)

      --
      * And remember, it's spelled N-e-t-s-c-a-p-e, but it's pronounced "Mozilla."
    24. Re:Discretionary licensing by Anonymous Coward · · Score: 1, Funny

      Not even if you put Steve Ballmer's buttprint on it.

    25. Re:Discretionary licensing by Planesdragon · · Score: 1

      Just because an MS employee says 'its okay' does not cover your ass in court if MS's *other hand* comes knocking at the door looking for proof that you indeed own licenses for the software you have installed on your computer.

      Actually, (IANAL-RU?), it does. As far as the law cares, MS is _ONE_ person.

    26. Re:Discretionary licensing by John+Hasler · · Score: 1

      > Yes, in a rational world, corporations would be
      > held to the same standards as everyone else.

      In this case they are. No copyright holder is bound by the restrictions in his own license. It's perfectly legal to license software to different people under different terms. It's also perfectly legal to distribute software under no license at all.

      They are being stupid and lazy by distributing CDs labeled "Illegal without a license" and then not providing licenses, though. As others noted, anyone who accepts those CDs and then gets audited could be sued. On the other hand, if they sued and lost it would blow a big hole in their claim that no one is ever in legal possession of Microsoft software without a license.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    27. Re:Discretionary licensing by John+Hasler · · Score: 1

      > Actually, (IANAL-RU?), it does.

      Actually, it doesn't. The MS employee who says "it's ok" must be one who is authorized to say that, or at least one who a reasonable person would expect to be so authorized (such as the guy who gave the OP his CDs).

      > As far as the law cares, MS is _ONE_ person.

      You figure that if the janitor at the local MS sales office says it's ok you can start selling copies of Microsoft Office out of your dorm room?

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    28. Re:Discretionary licensing by TKinias · · Score: 4, Funny

      scripsit Joey7F:

      Though if you printed out the emails, wouldn't that be sufficient proof?

      Clack, clack, clack...

      Date: Fri, 04 Apr 2003 11:23:03 -0700
      From: John Doe <v-jdoe@microsoft.com>
      To: tkinias@spamme.com
      Subject: RE: Licenses
      X-Mailer: Internet Mail Service (5.5.2653.19)

      Sure, amigo, go ahead an install XP on as many boxes as you like. I talked to Bill and he says it's fine.

      -jd

      -----Original Message-----
      From: tkinias@spamme.com
      Sent: Friday, April 04, 2003 11:13 AM
      To: John Doe
      Subject: Licenses

      Hey, I've got this copy of an XP install CD that says it's illegal without a license. Can I install it on my computer?

      I'll just print that out and I'm fine, huh?

      --
      In principio creauit Linus Linucem.
    29. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      I think MS would be in PR trouble if they started prosecuting recipients of their evaluation software. I mean, take a plea bargain for example. The judge has no obligation to go along with a reduced sentence in exchange for a guilty plea. The defendent just has to go on good faith. They could get screwed over. It's not in writing. But ... if the judge consistent ignored the deal, why would the defendent go along with it? If MS prosecute (I think it would be a civil matter actually), then no one would evaluate their software.

    30. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      Clack, clack, clack? Thats tsk, tsk, tsk you imbecile

    31. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      I think he was making keyboard sounds, not disapproving sounds.

    32. Re:Discretionary licensing by abigor · · Score: 1

      Oooh, clack, clack, clack - shame on you.

    33. Re:Discretionary licensing by NecrosisLabs · · Score: 1
      I disagree. That's the equivalent of installing, say, 50 copies of AutoCAD when you only have one license, and then saying "well... yeah but only one person uses it at a time.
      That's not the way it works. There is no descretionary license. If you want to play by the rules, then *everyone* plays by the rules. Including Microsoft Sales managers that like to hand out CDs to the unwitting. "

      Ever hear of Per Seat licensing? That's exactly how it works. Three applications I work with use exactly that model, with installations to all potential user's desktops, but only x numbers can be running at once.
      As part of a volume license, Microsoft hold the license, not the holder.
    34. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      That is a style of licensing. You can purchase Autocad, or Matlab, or many others with a network license, install it on all machines, and limit the number of copies in use with a licenses server. If you purchase five seats with individual licenses, which is what the original poster was specifying, then it is illegal to install it in more than five locations, even if they won't all be active at the same time.

    35. Re:Discretionary licensing by efflux · · Score: 1

      At my University we have limited matlab licenses. If you try to start matlab it tries to use a license off of a license server. If all the licenses are already in use you are told that you can't use matlab right now becaue there is no license available for you.

      Some licenses allow this sort of simultaneous usage restriction as long as you have "adequate means" of enforcing it. I had a senior project were I developed on of these license management systems. It sure as hell is acceptable according to many licenses. (Not sure about MS). I also don't know if they would accept any unknown license enforcement software (like what I developed, as opposed to known commercial versions), since my project never was deployed.

      --
      Do I contradict myself? Very well, then I contradict myself, I am large, I contain multitudes. -- Walt Whitman
    36. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      Visual Studio is a GREAT IDE with an AWESOME debugger. Go back to your lame-ass gdb and stop bitching about shit you haven't used.

    37. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      Well he's right then - he's in a lot of trouble if he submits an email written with a typewritter to a court.

      Because a _computer_ keyboard surely doesn't sound like that.

    38. Re:Discretionary licensing by aceh0 · · Score: 1

      MS ran the event, and they handed out copies of the software and told us it was ok to use for non commercial purposes. they have personal information regarding the attendees (i know because i attended one of the events) and they gave out other materials besides just the VS .Net suite so you can prove that you obtained a copy legitly and that it is ok for you to be using it if the BSA or whomever wanted proof. hell i dont even have a proper product key because the one printed on the sticker given to me didnt work. they sent me another through email. the guy that made the website is just a jackass stirring up the shitpot and the parent of this thread needs to pull himself out of 1984 and back into reality.

    39. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      ever typed on one of these suckers?

    40. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      yep. nice CLICK they make isn't it? Notably dissimilar to the familiar typewriter CLACK

    41. Re:Discretionary licensing by zurab · · Score: 2, Interesting

      The point is, the software/CD is worth nothing. The license is worth something. And you need the license to use the CD. Anything else could be a little bit of unintentional BSA-enforced entrapment.

      Well, that's good - next time I am going to use that logic every time I lose a CD of a software package I bought (and I have lost quite a few). I am going to call up the software maker, inform them of my loss, and demand another copy of their product and present them with my license number and purchase receipt. Somehow, I don't think this is going to fly with anyone. They'll just tell me to go to hell or buy another license AND media.

      IP making companies (software, entertainment, etc.) need to make tough choices - are they selling media? or are they selling, no wait... renting or licensing their IP for limited use? In case of the former their IP cannot carry any conditions; in the case of the latter, my lease or license should also give me the right to the content that I am entitled to, even if original medium is damaged, or lost, or stolen, etc. (maybe after a small media fee). It's like saying if you lease an apartment and lose a key, then - tough shit - you gotta find another place to live while still satisfying the existing lease. And no - you can't replace the key or the lock.

      So, which is it? It seems like they want to stay unclear on this, and invent new legal, technological, and other schemes to trap the consumer into an unfair practice.

    42. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      Well, that's good - next time I am going to use that logic every time I lose a CD of a software package I bought (and I have lost quite a few). I am going to call up the software maker, inform them of my loss, and demand another copy of their product and present them with my license number and purchase receipt. Somehow, I don't think this is going to fly with anyone. They'll just tell me to go to hell or buy another license AND media.

      Well, I have done exactly that. I *have* lost CD media, more than once. I wrote to more than one company, explained the problem, presented a copy of my purchase receipts, and asked nicely for a replacement CD.

      They arrived in the mail in about a week.

    43. Re:Discretionary licensing by pboulang · · Score: 1
      Hmmm, probably not.. 5.5 as the Mailer with that date is a clear tip off..

      Maybe try again using a sans-serif font? ;)

      --

      This comment is guaranteed*

      *not guaranteed

    44. Re:Discretionary licensing by pboulang · · Score: 1
      Jiminy, you might manage to piss off proponents of both Microsoft AND the GPL (which I had previously assumed held positions that were mutually exclusive)

      Well Done!

      --

      This comment is guaranteed*

      *not guaranteed

    45. Re:Discretionary licensing by Joey7F · · Score: 1

      Yeah, but if you had a contact name in the email, it would be much more difficult to forge.

      --Joey

    46. Re:Discretionary licensing by TopShelf · · Score: 1
      stop supporting microsoft with pirating their software!!!!!

      Huh???

      --
      Stop by my site where I write about ERP systems & more
    47. Re:Discretionary licensing by Spellbinder · · Score: 1

      pirating microsoft software is supporting them to!!
      so stop pirate their shit and start using really free software!!!!
      now someone could come and say how can pirating their software support them?????
      money they have.... they gain more then enough revenue form selling software to companys and hosnest peoples
      so pirating don't hurt them...
      and if you think further
      say 20% use windows or office without a licence these 20% help to consolidate the use of microsoft in their environment
      they will request office files at work and from friends, they will buy/use windows software, they will teach friends how to use windows/office usw they will recommend windows
      if this users would use say linux, they would not use windows software, games would buy hardware with linux drivers and would request documents in an open format would request webdesigners to fix their borken websites(ie only websites) yadda-yadda-yadda
      20% is a free invented number (tm)
      but the rate of privat users copying software is very high
      i was in a pc shop of a mate when a cop came in and ordered a custombuild pc
      after all hardware was altogether the sales assistant asked him about software that was needed
      then the cop shyly asked would it be possible to put the ms windows/office on the pc without buying it
      the shop assistant was suspiciously
      and started to explain to the cop it was ilegal and so one
      then the cop argued that after buying a pc he can't afford the software to put on it..
      finally the shop assistant agreed to install the software
      and this wasn't a cheap undercover action or something... he had never any problems with the police.....
      so

      --


      stop supporting microsoft with pirating their software!!!!!
    48. Re:Discretionary licensing by Paradise+Pete · · Score: 1
      A Microsoft sales rep making a mistake does not impress me

      It's not the sales rep. Microsoft promised a free copy to attendees, then came through with only the equivalent of an unlicensed burned copy.

    49. Re:Discretionary licensing by metlin · · Score: 1

      This is not the first time that this is happening.

      When I had taken part in the Microsoft .Net contest last year, they had sent us copies of Windows XP, MS .Net Beta-2, MS SQL 2000 and a few other softwares - just the discs with no license agreement.

      Ok, maybe the MS-SQL came with a cover where there was something that resembled a license that was written at the back, but all the other CDs were just bundled and couriered to us in plain white covers.

      Now, we were not sure what we should do, since our school rules clearly prohibited us from installing softwares without licenses before obtaining the Dean's permission. He gave us the finger, and told us to do it on our own PCs, and which is what we had to do.

      Kinda stupid when this happens, and this is not the first time either. The funniest thing was that when we asked the guys at Microsoft, they acted like nothing was wrong.

    50. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      From: John Doe <v-jdoe@microsoft.com> I'll just print that out and I'm fine, huh?

      No -- never trust a vee-dash :)

    51. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      That on VI?

      I haven't seen it...

      (I'm staying anonymous....cause I should *theoretically* know whether it does or not)

    52. Re:Discretionary licensing by tgibbs · · Score: 1
      It's a big deal BECAUSE there is no license. They're giving away unlicensed software. To students. Who might use it to make really great software. With unlicensed tools. They might make great software. Illegal software, because of those unlicensed tools. Software MS may take offense at.

      It seems to me that a statement from a Microsoft representative authorizing you to use the software constitutes a "license."

    53. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      BTW... I wouldn't install that POS "development suite" if *they* paid *me*.

      Spoken like someone who has never used it.

      While I don't agree with Microsoft's business practices and I refuse to run Windows as my primary OS. The actual software is not always bad, and is very often much better than anything else out there. Visual Studio, while not perfect, is way beyond anything to come from the free software groups (especially the debugger and its integration).

      Learn to speak about what you actually know, otherwise you make yourself look like a moron.

    54. Re:Discretionary licensing by miu · · Score: 0
      BTW... I wouldn't install that POS "development suite" if *they* paid *me*.

      So what do you use for development?

      I admit I used to dislike IDEs because they were not productive.

      Recent versions of Visual Studio and SlickEdit have changed my mind on that score. A large project becomes nearly unmanageable with just 'make', and I hate wasting time investigating crashes caused by stale object files and the like. Sure you can rebuild everything *every* time, but once build time gets over 20 minutes this really cuts into your work flow.

      Plus, once you get used to file browsers and class browsers you have a hard time giving them up.

      --

      [Set Cain on fire and steal his lute.]
    55. Re:Discretionary licensing by Read+Icculus · · Score: 1

      Time to change the sig perhaps? cat /mountain/icculus/HPB | less

      --
      Anti-social? My code is just platform-specific.
    56. Re:Discretionary licensing by Erik+Fish · · Score: 1

      Except for the fact that MS would have a very hard time proving any malfeasance on the part of the consumer.

      What if he needed some dough and tried to sell his "$119 value" software on eBay? Somehow I don't think a print-out of an email from some MS flunkie would quite cut the mustard as a "license substitute".

    57. Re:Discretionary licensing by Ponty · · Score: 1

      Yes and probably not.

    58. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      No GPL'd tools that I know of affect the licensing of software created using them in any way.

      Everything linked into programs by default by gcc (libgcc, C++ library), the GNAT libraries, the stubs used by flex and bison, all have exceptions that say that linking them into programs don't affect the licensing of the resulting program.

      How it would even possible to use "pirated" GPL tools is beyond me, but I could envision someone using a modified tool that they had distributed to a limited crowd in binary-only form...

    59. Re:Discretionary licensing by joejoejoejoe · · Score: 1

      Thanks! I'll print that.

      Phew, now I am safe, you are the man dude.

      Joejoejoejoe

      p.s., how do I get rid of the other stuff, so it only prints the email from -jd and not this entire thread from www.slashdot.org?

      p.p.s. Can you post another copy of the email, but this time, make it so that it looks like the email is actually to me?!(joejoejoejoe@slashdot.org). I'll print that one instead, once you give me the instructions i need.

      Joejoejoejoe

      --
      Silly Rabbit: tricks are for kids.
    60. Re:Discretionary licensing by tregoweth · · Score: 1

      He could have downloaded this off of Kazaa or somewhere.

      I could be mistaken, but I don't believe one can get an actual CD-ROM via Kazaa...

    61. Re:Discretionary licensing by SN74S181 · · Score: 2, Informative

      Back more than a few years ago I bought a retail box copy of Windows NT 3.51. It was only on floppy diskettes, that was the only version the store had.

      I called up Microsoft and for a 'media charge' of ten dollars they send me the CDROM version.

      It was actually a good deal, as I then had the floppy and the CD version and could install NT on machines that didn't have a CDROM drive.

      The same exact thing happened with Visual C 1.0. I bought it retail-box and it was the floppy-only version. I ordered the CD from Microsoft.

      I ordered the 5-1/4" diskette version of Windows 95, for a 'media charge' of $10 too. Its the primative very first version of Windows 95, and it does have a few plusses. No Internet Explorer at all, and no CD-Key or 'finger print the floppy' process. So copying all the 5-1/4" diskettes to a single folder on a CDR disk gives you a copy of Windows 95 that requires no Key, does no fingerprinting, and is pretty close to untracable.

      Ordered the floppies for Windows 98 the same way (cheaper than the floppies themselve would have been retail) but I've never even broken them out of the plastic seal.

      Microsoft has a clear, proven, track record of providing additional media copies of their software to people who have legitimate copies.

    62. Re:Discretionary licensing by Overly+Critical+Guy · · Score: 1

      Welcome to Slashdot, where people maintain Microsoft opinions based on software from the early half of the past decade.

      Windows 95, Visual Studio 4, and many others, to name a few.

      --
      "Sufferin' succotash."
    63. Re:Discretionary licensing by Maxwell'sSilverLART · · Score: 2, Insightful

      Actually...

      If that came from an authorized rep at MS, acting in his official capacity (i.e. e-mailed at work, instead of at his home address), a strong case could be made that it is, in fact, permission from the company. The important part here is "official capacity;" if you have reason to believe (that part is important) that the person you ask is, in fact, authorized to make such a deal (and if a representative of the company is handing out software at an officially-sanctioned conference, it's probably reasonable to believe it), then you can make a strong case in court that you were, in fact, entitled to use the software. It's possible that the court may find that you didn't have the right to use it, and require that you buy a license, but a conviction generally requires intent; if you can convince the judge/jury that you had good reason to believe that you were legit (the so-called "reasonable person" test), then you'll likely be acquitted.

      If, however, you e-mailed Joe Blow at home, and got the flippant and obviously-unreasonable response you just provided, well, you're going to swing.

      I, of course, ANAL.

      --
      Moderate drunk! It's more fun that way!
    64. Re:Discretionary licensing by TKinias · · Score: 1

      scripsit Joey7F:

      Yeah, but if you had a contact name in the email, it would be much more difficult to forge.

      Sorry? How do you mean?

      --
      In principio creauit Linus Linucem.
    65. Re:Discretionary licensing by norton_I · · Score: 1

      I actually just wanted to know, since I hadn't used it in a while. I had also been rather disappointed since I had used Development Studio 7.0 (ie. for DOS) and found it reasonably nice, then used several versions of VS that were crap before giving up. I used VS 6 briefly, but not enough to make an impression.

    66. Re:Discretionary licensing by Infinity+Salad · · Score: 1

      Hmm...That would never work. Everyone knows Microsoft is -0900...

    67. Re:Discretionary licensing by racermd · · Score: 1

      The installation restrictions of software depend heavily on what's stated in the licensing agreement that accompanies it. In the enterprise-level world, this is usually negotiated as a separate item and (usually) results in the purchaser providing a license server to enforce usage restrictions if they're not going to go the site/unlimited license or single/trial route. Other times, the software has a built-in checking mechanism to prevent multiple installations with the same serial number/registration from running on the same network, usually sent as a subnet broadcast. That's easily defeatable with a personal firewall/gateway router to isolate that system from broadcasting indiscriminately, and can't really handle well beyond a single subnet anyway, but most enterprise-sized companies have better control over their network than to let that happen on any sort of significant scale (BOFH notwithstanding).

      My point is that multiple installations do not always directly correlate to multiple licenses. In dealing with corporate licensing, multiple additional installations might be allowed with the only caveat being that you can only run the number of installations you have licenses for at any given time. Although VS .Net might not be the best choice for most businesses, it is a business-level software package and would probably get the license-negotiation treatment if purchased at a large enough scale. Those of us buying software for personal or educational use are more limited in that we can either accept or decline the cookie-cutter license that's often too long to even bother to read. Usually, that means we can install one copy on one computer at any given time and keep a backup of the installation media should we need it at a later date. Again, this will depend heavily on the licensing agreement that accompanies the software, so read it carefully.

      I'd be wary of using the version of VS .Net in question to begin with due to the lack of official license, but it's an interesting legal exercise to see how this turns out. There's no explicit license, as the information on the CD's seem to require. But there's an agreement made with a representative from the software manufacturer/publisher that says it's ok to use it for non-commercial purposes. Which takes precedence? And what about additional copies or installations for non-commercial purposes? There's no official license prohibiting that, but there is the verbal prohibition from the representative from the company that does. Hrm...

      --
      My sources are unreliable, but their information is fascinating. -- Ashleigh Brilliant
    68. Re:Discretionary licensing by wilper · · Score: 1

      To your .emacs add: ;; Get ()-matching
      (require 'paren)
      (show-paren-mode 1)

      It's free, now go and spend that money on beer and pizza instead.

    69. Re:Discretionary licensing by netsrek · · Score: 1

      Well, that's good - next time I am going to use that logic every time I lose a CD of a software package I bought (and I have lost quite a few). I am going to call up the software maker, inform them of my loss, and demand another copy of their product and present them with my license number and purchase receipt. Somehow, I don't think this is going to fly with anyone. They'll just tell me to go to hell or buy another license AND media.

      Then you're dealing with the wrong companies. I've had numerous cases, both as a personal individual and on behalf of my workplace, where I've gotten media for software replaced after something happened to the original.

      Prove you've bought the software, and most software companies will gladly send you new media, and won't always charge you a media fee either.

      Hell, I've even had hardware dongles replaced at cost and/or free when they've died so long as I returned the dongle...

      --

      i don't read slashdot anymore.
    70. Re:Discretionary licensing by Speare · · Score: 1

      You missed the point. He typed out an "email" correspondance that never occurred. He made up the thread. He forged the "evidence" of permission. He printed it out.

      Printouts are not evidentiary in nature; there's no forensic integrity.

      --
      [ .sig file not found ]
    71. Re:Discretionary licensing by drbyte · · Score: 1

      Out of curiosity, isn't there a license when you install the software? Maybe nothing comes printed, but surely there's got to be something that comes with the software itself.

    72. Re:Discretionary licensing by gandy909 · · Score: 1

      As a person who works for a state Court here in the good ol' US of A I can tell you that if you are using the terms -

      "..."a strong case in court...",
      "...convince the judge/jury...",
      "...likely be acquitted."

      in real life a couple of other things are going on:

      1. You are paying a (mostly worthless) lawyer large sums of YOUR money already.

      2. There is *NO* guarantee of the outcome in court, even if you really are innocent.

      3. Juries as a whole are often morons. They way it works in a lot of jurusdictions the only people you get on a jury are the ones too stupid to send in a decent excuse to get out of it.

      With things like this already working against you, I sure wouldn't want to base my $ and possible freedom on some email or a verbal "don't worry about it" from a sales goober.

      --

      (Stolen sig) Remember: it's a "Microsoft virus", not an "email virus", a "Microsoft worm", not a "computer worm
    73. Re:Discretionary licensing by KnightStalker · · Score: 1

      In vim, when the cursor is on a bracket, brace or paren, in command mode, you can hit "%" to move the cursor to the matching one. I can't find any docs on highlighting or blinking the matching paren though. I'm not a vi expert though.

      --
      * And remember, it's spelled N-e-t-s-c-a-p-e, but it's pronounced "Mozilla."
    74. Re:Discretionary licensing by 91degrees · · Score: 1

      The MS employee who says "it's ok" must be one who is authorized to say that, or at least one who a reasonable person would expect to be so authorized

      He was the person who responded in an email to MS about the product. He is a representative of the company.

    75. Re:Discretionary licensing by arose · · Score: 1

      Linux/Unix/Mac zealots

      Why is it that every non MS usr that stands by their choice is a zealot? There are far more MS zealots than on all these platforms together.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    76. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      Unfortunately, it occupies about 2 GB of hard disk space! That's a lot of overhead for programming tools!

    77. Re:Discretionary licensing by Anonymous Coward · · Score: 0

      Um, no. The post at the beginning of the thread was wrong. Just because the guy ripped open the package and threw away everthing but the CD's doesn't mean he didn't get more!

      I got the same package when MS came to FSU (great food + FSU cheerleaders! (Rah, rah, what are we cheering for? M-what?) (oh, and a free FULL copy of WinXP Pro)). FYI... it came shrinkwrapped as follows:

      A piece of Cardboard about 10 inches tall and about CD-width. On the back of the piece of cardboard was an extensive license (the license this kid obviously neglected to read and tossed) then about 7 CD's in those cheapo white paper CD sleeves with the little plastic see-through window in them. Then they throw some shrink wrap around it and call it a giveaway.

      The license was there, and VERY prominent. Way to mispost on /. Here's how you do it. Make up shit, try to stir up a heated debate over your innacurate remarks, then sit back and laugh. This is where all that scholarship money goes? /. B.S. for geek college students and beer for all others. Sigh.

    78. Re:Discretionary licensing by TKinias · · Score: 1

      scripsit Infinity Salad:

      That would never work. Everyone knows Microsoft is -0900...

      As much as I would like to see them fall into the sea, I don't believe that's happened yet.

      AFAIK they are still in Pacific time, which during the summer is GMT-7.

      --
      In principio creauit Linus Linucem.
    79. Re:Discretionary licensing by Infinity+Salad · · Score: 1

      Erm. Whoops. Got my GMT screwed up with continental and forgot about 'springing forward'...But, in your original post, your faked email was from the 4th and should have been -0800! Yes! ha! etc... *blah* -IS (or maybe not. Do they do daylight savings time over there? Don't have time to check...)

    80. Re:Discretionary licensing by IndependentVik · · Score: 1

      LOL

      Oh, man, that made my day.

      --
      I'd suggest you don't use Slashdot as your only news source, or you will suffer permanent brain damage.
    81. Re:Discretionary licensing by zurab · · Score: 1

      Then you're dealing with the wrong companies. I've had numerous cases, both as a personal individual and on behalf of my workplace, where I've gotten media for software replaced after something happened to the original.

      I know I've gotten few replies stating this. I know some companies will replace your media with a fresh copy of their software, some won't. Still, it's unclear legally, do they have to? When I buy a game off the shelf in the store, some time later I lose the CD, and request another one from the manufacturer, are they legally liable to give it to me? This is not a question of some companies are "good" and some are "bad" and dealing with "good" ones. This is a question of what is being sold.

      And, this would apply not only to software, but also CDs, tapes, DVDs, and other media that contains IP. Try calling Disney and asking for a copy of Lilo & Stitch because you've lost the DVD or scratched it and it's unplayable.

    82. Re:Discretionary licensing by zurab · · Score: 1

      Well, I have done exactly that. I *have* lost CD media, more than once. I wrote to more than one company, explained the problem, presented a copy of my purchase receipts, and asked nicely for a replacement CD.

      Well, I used that vague example to try to make my point. I realize some companies will give you replacement media, others will not. That is not the issue. The issue is - what am I buying when I pay for someone's IP? What am I buying legally? And what are the sellers responsibilities? Try extending that example to movie and music content - I believe you will have less luck replacing your lost CDs and DVDs.

    83. Re:Discretionary licensing by zurab · · Score: 1

      Microsoft has a clear, proven, track record of providing additional media copies of their software to people who have legitimate copies.

      Maybe, but in a bigger picture I wouldn't be too sure. Microsoft is known to restrict their software use to a particular hardware (i.e. PC), as evidenced by their consumer "product activation" scheme debuted with Office XP and WinXP. Can you imagine being able to play your DVDs only on your DVD player - the one that you registered your DVDs with? Tapes? CDs? Think of all distributed IP, not just software. This was not my original point though, just a reaction to your comment.

  8. Re:Watch Out by Cpt_Kirks · · Score: 1

    You Bastard! I hit the link planning a witty remark aboutM$ entrapment and here you blow it away with three words...oh, wait, this is /.

    (clears throat)...Microsoft is attempting to trap you! Watch Out!

    Hang Bill Gates! Nuke Redmond! Death to all IE users!

    Ooh-Ahh!

  9. The 'MS rep' isn't an employee by tc · · Score: 4, Informative

    Check out the email address of the MS rep: v-sashak@microsoft.com. The 'v-' at the beginning is, IIRC, Microspeak for 'not a Microsoft employee'. It's probably a contractor or agency temp that works events who has been given an MS mail account. Which would explain the less-than-clueful answers (and why (s)he has to speak to his/her manager).

    1. Re:The 'MS rep' isn't an employee by cscx · · Score: 1

      The name in the email has "(ManPower)" affixed to the sender field. ManPower is a contract/temp agency, so yes, you would be correct.

      On another note, I think this guy had no business at a VS.NET conference. He's just being a prick... especially the part where he suggested "making copies for all of his friends," knowing full well that action is NOT OK.

      This guy needs to be taken out back and beaten with a lead pipe.

    2. Re:The 'MS rep' isn't an employee by Istealmymusic · · Score: 1

      If you outlaw lead pipe, only criminals will have lead pipes.

      --
      "The lesson to be learned is not to take the comments on slashdot too literally." --Vinnie Falco, BearShare
    3. Re:The 'MS rep' isn't an employee by Blkdeath · · Score: 1
      On another note, I think this guy had no business at a VS.NET conference. He's just being a prick...

      Is that to say that Microsoft developers aren't pricks? And they say Linux is elitist! {snerk}

      especially the part where he suggested "making copies for all of his friends," knowing full well that action is NOT OK.

      HOW does he know that action is "NOT OK"? That's the type of caveat that's typically included in a license agreement, n'est pas?

      Moreover, the e-mail conversation gave him a (small) number of terms and conditions of use of this software. Conditions that would be found in a license. "Free for non-commercial use", and "May not lend/distribute" are two such examples.

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    4. Re:The 'MS rep' isn't an employee by moonbender · · Score: 1
      HOW does he know that action is "NOT OK"? That's the type of caveat that's typically included in a license agreement, n'est pas?
      Uh, no. Actually, that's just simple copyright legislature.
      --
      Switch back to Slashdot's D1 system.
    5. Re:The 'MS rep' isn't an employee by Blkdeath · · Score: 1
      HOW does he know that action is "NOT OK"? That's the type of caveat that's typically included in a license agreement, n'est pas?

      Uh, no. Actually, that's just simple copyright legislature.

      Oh? Care to point out the portion of the copyright legislature that implicitly forbids lending or distribution rights?

      While you're at it, could you contrast this with the GPL, BSD, etc. style licenses?

      Thanks!

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    6. Re:The 'MS rep' isn't an employee by moonbender · · Score: 1
      Oh? Care to point out the portion of the copyright legislature that implicitly forbids lending or distribution rights?
      No. If you want concise legal advice, hire a lawyer. But you can take my word that authors automatically get a copyright on their works that prohibits others from copying it without their expressed consent. Note that we were talking about copying ("making copies for all of his friends", see above), not lending, I don't know where that came from.
      While you're at it, could you contrast this with the GPL, BSD, etc. style licenses?
      Gladly. The GPL is a license that, as far as I can tell, does exactly what I pointed out above: expressed consent from the owner of a certain intellectual property to copy something. The GPL grants you - among other things - the right to redistribute, under certain conditions. (For more details, check out the GPL.)
      Now the fun thing about the GPL - and this is basically being pointed out everytime people talk about the license on Slashdot - is that it grants you rights above and beyond what you get under normal copyright laws. This is very different from the EULA you get with most proprietary software, which does the opposite, take away rights you would have under normal copyright law, such as the right to lend. Note that it is, as far as I know, still not certain whether such rights can actually be taken away.
      Note also that the legal effectiveness of EULAs, as Slashdot readers never tire to point out, is also still very much in doubt. This is, however, not an argument against the GPL, because as mentioned above it grants you extra rights. Don't accept it and you don't get those rights, simple as that.

      So, in short: If you don't agree to any license, normal copyright laws still apply. However, if you do agree to a license, it can include passages that differ from the normal copyright laws - granting you extra rights as in the GPL, or limiting your rights as in various commercial licensing schemes.
      --
      Switch back to Slashdot's D1 system.
    7. Re:The 'MS rep' isn't an employee by Blkdeath · · Score: 1
      Note that we were talking about copying ("making copies for all of his friends", see above), not lending, I don't know where that came from.

      Oh, I don't know, perhaps if you'd read the article you'd know what we were actually talking about;

      "Also is it then okay to loan these CDs to my friends at university that were not able to make it to the presentation but are interesting in trying .NET?"

      But thanks for beating down that strawman so efficiently.

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    8. Re:The 'MS rep' isn't an employee by moonbender · · Score: 1

      You should have pointed out that when you were replying to someone who talked about copying, not lending.

      --
      Switch back to Slashdot's D1 system.
    9. Re:The 'MS rep' isn't an employee by burden123 · · Score: 2, Insightful

      There is more evidence that he is only a var acting on behalf of microsoft by looking at his name in those emails signed "Saha Krsmanovic (ManPower)." ManPower is a Canadian federally subsided employment agency. They offer a job posting board and training seminars to those looking for employment. He is probably just acting as a Var for Microsoft, though he works at ManPower. I'd say the cost of this handout software was covered many times over because this program is probably somehow federally subsidized (Therefor i paid for, that CD is free on beahlf of my tax dollars?). It would also explain his cluelessness if he was a federal employee.

    10. Re:The 'MS rep' isn't an employee by SN74S181 · · Score: 1

      Manpower in the US is a private contract job service. I have worked as an employee of Manpower. Basically I got fifteen bucks an hour and they screwed the company I worked at for about $25 an hour.

    11. Re:The 'MS rep' isn't an employee by nachoboy · · Score: 1

      Any character followed by a dash at the front of an MS email address denotes "not a full-time Microsoft employee." There are several classes of what is sometimes referred to as the "dash trash" at Microsoft.

      v- means a contracted employee. They aren't employed directly by Microsoft but by an agency Microsoft has contracted with for manpower. Normally they stay up to one year, working on the more mundane jobs such as boring coding or testing. These types of employees wear the same sort of badges as regular FT employees but the border around their face is orange as opposed to the normal blue. Can be let go at any time but many apply for full-time positions before then. The "v" comes from one of the original agencies Microsoft used for manpower called "Volt."

      t- is used for interns. They get the same blue border on their ID badges as the full-timers and most of the benefits. No, I don't know why they don't use "i."

      a- is used for "admins." Not so much administrators as facilitators. They do things to keep the full-time employees happy. They get your office set up, make sure you have all the right hardware, arrange the Friday afternoon parties, etc.

      I can't recall now but I believe j- also means a contracted employee - possibly those in other areas not directly related to software development (ie hr/payroll/etc).

      No dash, by the way, is used for full-time employees, or any alias that forwards to a group mailbox or to several people.

    12. Re:The 'MS rep' isn't an employee by Cuthalion · · Score: 1

      Also holds true for cheese. Or underarm deoderant.

      --
      Trees can't go dancing
      So do them a big favor
      Pretend dancing stinks!
    13. Re:The 'MS rep' isn't an employee by Anonymous Coward · · Score: 1, Informative

      I was under the impression 'v' was for vendor. I've a couple of friends who are vendors, and they're both v-.

      I'm almost certain 'a' isn't for admins. The only people I know with a- email addresses are all contractors. I had presumed it stood for 'agency temp', or some such.

      I could be talking out my ass, though :).

    14. Re:The 'MS rep' isn't an employee by Anonymous Coward · · Score: 0

      v- is for vendors. That might also include people from other companies who are on campus and need MS login IDs (e.g. on-site reps from Intel or something).

      t- is for interns.

      a- is for agency contractors.

      Admins who are full-time employees get regular (non-dashed) email addresses, same as everyone else.

    15. Re:The 'MS rep' isn't an employee by UnknownSoldier · · Score: 1

      > t- is used for interns. They get the same blue border on their ID badges as the full-timers and most of the benefits. No, I don't know why they don't use "i.

      Idea: T is for Temps ?

    16. Re:The 'MS rep' isn't an employee by kgp · · Score: 1

      A v- (a "v dash") at MSFT is a vendor not an agency temp (they're a- -- "a-dash").

      He doesn't work for MSFT he works for some company with a relationship to MSFT. So he can't give away MSFT licenses.

      Yes, I'm ex-MSFT :-)

  10. Not the first time... by Cutriss · · Score: 3, Informative

    I participated in a retail program giveaway for Windows XP. The copy of WinXP Pro that I received came in a plastic sleeve with a CD-key sticker on the back, but the CD said the same thing: "Use of this disc is illegal without a separate license certificate from Microsoft." And of course, the disc didn't come with a license.

    --
    "Mod, mod, mod...and another troll bites the dust."
    1. Re:Not the first time... by Anonymous Coward · · Score: 0

      Last year I received a free copy of Win XP professional from a Microsoft giveaway at my college (University of Michigan). I've had the cd stored in a cd binder since then, but after reading this article it turns out that this cd also says that it is illegal to use w/o a license. Guess it is a good thing I use a pirated version of XP instead of the "official" Microsoft version.

  11. WTF? by BrainInAJar · · Score: 1

    Why wasn't I told of these events?! There was even one in my city!

    Goddamnit slashdot. quit sleeping on the job. I couldv'e had a (semi) not-illegal copy of VS. Newest version, even! None of this "enterprise edition downloaded from a source that wishes to remain nameless" for me...

    bastards...

  12. Attendees were students -- MSDNAA is their license by kalgen · · Score: 5, Informative

    Presumably since this was part of a MSDNAA (Academic Alliance) Student event, all of the attendees are covered under their school's MSDNAA agreement and thus have a separate license.

    Nothing to see here, please drive by.

  13. Not really Piracy by evilviper · · Score: 3, Interesting
    It's not really copyright infringement, it's more like false advertising.

    Obviously microsoft has the right to allow you to use the software, with or without a license. The question in this case is:

    Is Microsoft okay with this, or are the higher-ups unaware of what is happening here?

    How can he prove this software is legal?

    Is Microsoft falsly advertising? Software that is only for non-commercial use IS NOT the same as the software that is worth $109, so he did not recieve what was advertised.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    1. Re:Not really Piracy by thelen · · Score: 3, Insightful

      Even if it's closer to false advertising, because there isn't any direct profit going to MS from the distribution of the software, this "problem" is a non-starter.

      What MS is trying to do is to create a viable developer base among students in order to facilitate later corporate acceptance of .NET, and they're not going to get upset about dinky shit like this -- and neither will any court -- as long as that objective is met. This tactic is nothing new, illegal, surprising or interesting.

    2. Re:Not really Piracy by molarmass192 · · Score: 1

      The tactic is not what's illegal, it's using the software they gave out that is. The point people are trying to make is that IF the BSA audits, you CAN be fined for having unlicensed software installed. That said, you are right that it's not that big of a deal. If you have one of these CDs just don't install the software and simply throw the CD in the trash, problem solved. If you simply MUST have the software, crack open your wallet and go buy a copy. Reality is that Microsoft makes proprietary software so you shouldn't expect to get any of it for free under any circumstances regardless of what anybody tells you.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    3. Re:Not really Piracy by HiThere · · Score: 1

      Actually it is illegal. A monopoly is forbidden to distribute goods for less than the cost of production, and Microsoft was determined to be a monopoly (for all that the punishment that they were give was "buy some more advertisements").

      This doesn't mean that I expect them to be prosecuted, but it is clearly illegal, and if the government wanted to punish them it would probably suffice to dismantle the company. It doesn't, so they won't suffer at all.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    4. Re:Not really Piracy by thelen · · Score: 1

      IANAL but I'd bet dollars to donuts that any such litigation would be derailed immediately on the grounds that 1) there is currently in place a "solution" to the finding of their monopoly status; and (more importantly) 2) that this was software provided for non-commercial use and as such MS should not see any profit from it. I would expect that the restrictions in antitrust law against distribution of products to undercut the competition do not hold for non-commercial agreements.

      That said, targetting students is an established corporate strategy with real commercial benefits when students knowledgeable in a particular skill start showing up en masse at interviews. But perhaps our handy new doctrine of preemption could be utilized to attack MS in advance for the legions of .NET students on the horizon! :^P

    5. Re:Not really Piracy by thelen · · Score: 1

      Even in the instance of a BSA audit of individual students, possession of the CD would quickly be explained by pointing to the MS event on a University calendar. It's silly to think that any fines would be levied against users over trivial licensing issues regarding software provided by the BSA's most powerful member for said member's clear strategy of proselytization among students.

    6. Re:Not really Piracy by HiThere · · Score: 1

      The restrictions on a monopoly giving away or selling at below cost were instituted as a measure of protection for their compeititors. That they weren't expecting a return wouldn't be a defense. Also, the "solution" to the finding of their monopoly status doesn't make any claim that they aren't a monopoly, or that it will prevent them from being one. So that wouldn't make their actions legal either.

      This is irrelevant, as this administration is not interested in prosecuting corporate criminals, but the law remains the law, even if it is being ignored. (Of course, eventually lack of enforcement itself becomes an argument against the validity of a law...)

      P.S.: IANAL

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    7. Re:Not really Piracy by Maxwell'sSilverLART · · Score: 1

      Obviously microsoft has the right to allow you to use the software, with or without a license.

      Actually, no. It's a semantic difference, really, but an important one: if MS allows you to use the software, that is a license. It may be provided free of charge (gratis), but it is still a license. It's important because of the way copyright law is structured: you may not exceed your (quite limited) rights under copyright law without license from the copyright holder. He is not required to provide that license, but if he chooses to do so, it is handled like any other contract, including terms of sale. In any case, his permission, whether verbal or written, gratis or soul-stealing, constitutes a license.

      --
      Moderate drunk! It's more fun that way!
    8. Re:Not really Piracy by Pofy · · Score: 1

      >It's important because of the way copyright law
      >is structured: you may not exceed your (quite
      >limited) rights under copyright law without
      >license from the copyright holder

      I am not sure about the copyright laws in your country, but in most countries this is not true. Actually, the copyright laws doesn't give YOU the "quite limited" rights. What they tell is a few things you can NOT do hence give those things exclusively to the copyright holder. They are basically all about copying, distribution and so on (although exception to the exclusivness even there exists). Everything else is not restircted, hence allowed.

      Using a program, reading a book, lending it to someone else and so on, are all things NOT exclusive to the copyight holder.

      There is nothing in the copyright law (at least not in my country, no idea about yours), that says you can't use something protected by copyright without a license. There is nothing such about software, books, music or anything else. SUre, many "content providers" want you to believe that is so and appearantly Microsotf writes it on its home page, but that does not make it true. Nor does printing it on a CD make it true either.

  14. Yes, Microsoft is pirating their own software. . . by Fritz+Benwalla · · Score: 4, Funny

    And Linux is going to make a credible challenge as a desktop operating system.

    And my Mom will eventually know that FreeBSD is not Unix.

    And Hillary Rosen will be discovered with a 10,000 song library on a Kazaa SuperNode in her basement and get sued for ten trillin quadrillion dollars.

    Then there will finally be peace on Slashdot, and it will be converted into hotornot2.com

    We can only pray.

    ------

    --

    Believe me, I'm as surprised by my comment as you are.
  15. done with school districts by b17bmbr · · Score: 4, Informative

    in my district, i had proposed several linux based solutions, from turning old p120's into thin X clients, to file servers, yada yada. all were shot down like a duck on opening day. so, i get to talking to our site district technidiot. turns out he goes to some microsoft seminars and they throw out VS, 2K pro, office pro, everything. in fact he laughed because he had a "no reg. key" copy cd. so next time you wonder why there is not the movement you would think towards FOSS, this is why. why would our district want to use FOSS, when the microsoft reps throw out cd's like halloween candy. the reps know full well that the schools have to pay, and they know how to get "the right people on board". it is so easy and cheap for them.

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
  16. License v. Copyright by Anonymous Coward · · Score: 0

    There is no magical form that a license must be expressed in. The OK from a person with authority from Microsoft is all that's required. Once Sasha says, "you are fine with using software for non-commercial use" it's open season for non-commercial use.

    Of course even without licensing covenants you still must abide by relevant copyright law so no unlawful distribution, reproduction etc.

    1. Re:License v. Copyright by spun · · Score: 1

      Too bad you posted as Anonymous Coward. After that brilliant legal advice, I was considering giving Lionel Hutz the boot and hiring you as my lawyer.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  17. This guy sucks. by Anonymous Coward · · Score: 0

    This guys is just being a dick. I also got a copy of Win XP from one of those MS seminars. It came wrapped with a seperate license. It's a piece of paper that specifically states that it's for non-commercial use.

    This guy probably had the same license with his disk, but either way, he's choosing to be an asshole rather than just saying thanks for his free copy of VS.

  18. article poster is a jerk by Anonymous Coward · · Score: 5, Insightful

    The dude who posted the article should have had the common decency to obscure the name of the person at Microsoft that he was corresonding with. I have had my name posted on the internet with correspondance I made on behalf of my employer and it always makes me uncomfortable.

    Further, the guy is probably some frontline peon who really has no control over anything there and has only been given the vaguest of guidelines on how to operate. No sense sticking his name out on the net for future harassment or embarassment.

    I really think doing that was a bad move and anyone in the tech industry should have the common decency not to do that to a colleague.

    1. Re:article poster is a jerk by mrscott · · Score: 1

      Agree 100% - poster is both a jerk and an asshole. What know-it-all prick would make someone's life difficult over something so stupid? If he's THAT concerned about a potential problem, put the CD in a mailer, send it back to MS and go buy the program from teh school's bookstore or something instead of wasting someone's time trying to prove a ridiculous point.

      I'd be willing to bet a whole lot of money that EVERY SINGLE software vendor out there has done the same damn thing. Install it, use it and enjoy, idiot.

  19. Give it back by greygent · · Score: 0

    Microsoft gave you a free copy of a really nice piece of software (Visual Studio .NET). Shut up and take it, or send it back, quit overly antagonizing the MS guy for giving you a free copy of the software without a license. He's probably not an MS lawyer, forgive his "grave" flaws.

    Sure, you have a point, but the point was made a long time ago.

    1. Re:Give it back by jhayworth · · Score: 2
      I'm not sure that I agree with your comment.

      Microsoft is making a real effort (i.e. Activation in Windows XP and Office) to eliminate software piracy. If Microsoft is serious about it's licensing policy, then the company shouldn't have a double standard in regards to it's own people handing out software. If Lance wants to make sure that he has a legitimate product before investing the time to learn it and use it, that seems to me like the right thing to do.

      Either make the product free/open source/what ever and give it away, or license the product and charge for it. You can't do both and be legitimate. If you do, people like us will just make snide comments at you and not take you seriously.

      --

      Linux is only free if you consider your time worthless

    2. Re:Give it back by eggboard · · Score: 1

      a) it wasn't free, it was part of the cost of the thing he was attending and was promised by the value assigned to it. He paid to attend

      b) Microsoft is in the position of suing people without proper licenses. If this guy worked in a corporation, if an auditing committee came through and found the disc, he would be reprimanded and/or fired. He's at a university: he could be fined, sanctioned, or expelled.

      These are real issues.

      --
      Freelance tech journalist for the Economist, MIT Technology Review, Macworld, and others
  20. I'm going to that by Anonymous Coward · · Score: 0

    I've already signed up to go to the tour coming to my campus Monday April 14th, free copies of software is fine with me.

  21. Piraters by streettech · · Score: 1

    But's okay when Microsoft does it!

  22. Ironic by CPIMatt · · Score: 1

    When I clicked into this story the ad on the page just happened to be for VS .Net. Try it today!

    Is /. smart enough to do that on purpose?

    Still laughing...

    -Matt

    1. Re:Ironic by WeeBull · · Score: 1

      My hosts file maps all ("most") adservers to localhost, you insensitive clod!

  23. Actually.. by leerpm · · Score: 2, Informative

    He is the Student Co-ordinator for Academic .Net. His name and email are on the business card that is given out to every single student that attends one of these conferences.

    1. Re:Actually.. by Slowping · · Score: 1

      That still doesn't make it right.
      The internet is a different medium than business cards. I agree that some effort should have been made to protect that person's identity. Atleast until that person has given permission for the full name and contact to be disclosed.

      --
      (\(\
      (^.^)
      (")")
      *beware the cute-bunny virus
    2. Re:Actually.. by anon*127.0.0.1 · · Score: 1

      Having your EMail address on a business card that you hand it is quite different from having your address posted on a website that gets a several thousand visitors a day. Especially when a large perecentage of those visitors aren't huge fans of Microsoft.

      I notice *your* email address is obscured by request.

      --
      I am NOT a man!
      I am a free number!
  24. In other news: by mrpuffypants · · Score: 5, Funny

    Some guy in my dorm must work for microsoft too. He gives out copies of everything that microsoft makes on CD for free. All the programs have names like Verbatim, Memorex, and CenDyne.

    I've never heard of those programs, but they work for typing up term papers really well!

    1. Re:In other news: by curious.corn · · Score: 3, Interesting

      Of course he works for the evil beast! What would happen if you had to face the choice of dishing out $$$ for M$ $oftware or point you browser to openoffice.org?

      --
      Mi domando chi à il mandante di tutte le cazzate che faccio - Altan
  25. in other words by geekoid · · Score: 3, Funny

    Man stops MS from giving away there software.
    when asked, the person replied "well its obvious? I'm a pendantic ass".

    well there you have it...

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:in other words by Anonymous Coward · · Score: 0

      Man stops large vicious company from entraping him into violating the law. In other news, idiots don't get the point.

    2. Re:in other words by TeknoHog · · Score: 4, Funny
      > "I'm a pendantic ass"

      That's pedantic. Sorry. Didn't mean to nitpick or anything.

      --
      Escher was the first MC and Giger invented the HR department.
    3. Re:in other words by Anonymous Coward · · Score: 0

      This world needs less pedantic people.

    4. Re:in other words by Anonymous Coward · · Score: 2, Funny

      The world needs fewer pedantic people.

    5. Re:in other words by Anonymous Coward · · Score: 0

      Man stops MS from giving away their software.
      When asked, the person replied, "Well, it's obvious-- I'm a pedantic ass".

      Well, there you have it.

  26. Translation by The+Bungi · · Score: 1
    Hi, I'm one of those poor students who fight against evil by pirating softwarez and downloading mp3z. Look, I'm being opressed by Evil Corporation. Pity Me. Click here to send money to my PayPal account so I can buy more beer, party and make life difficult to seventh-tier Corporate Contractor Drones over a piece of software I got for free. Stay tuned, more emails from Evil Corporation next week, here for all to see. And hey, the Uni server can take the load, so what do I care!!1!

    Yes folks, right here on the Slashdot Channel, an affiliate of Faux News Network. And coming up next, the Steve Balmer "Developers" video set to Anime music, with voice overs and second to second narrative by some of Open Source luminaries. Stay tuned!

  27. The Big Deal by Snoe · · Score: 1

    Well the big deal is apparently that the CDs they gave out explicitly say: "Illegal without separate license" and since there was no separate license...well...

    Personally I think it's microsoft's own software so they should be able to hand it out however they want without printing new cds if they want to give them away sans-license.

  28. Actually inquiring about a license by frdmfghtr · · Score: 1

    I find it interesting that somebody is going through all this trouble to find about the license. I would have kept a print of the e-mail from the MS rep that says it was OK to use the software for non-commercial use.

    --
    Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
    1. Re:Actually inquiring about a license by Anonymous Coward · · Score: 0

      Sure ... until the BSA visits your business.

      (You) "Uh, sir, I have this email printout saying I can use this software."
      (BSA nazi) "That's meaningless. Where's the license? NOTHING is sold without the license."
      (You) "It was a free gift."
      (BSA nazi) "No it is not. This is an enterprise volumn CD. You're lying."

      Discussion ends

  29. Inflamitory by batura · · Score: 1

    Does any one else feel this guy is being a little too "cautious", ie, it just wants to stir up more fuss over Microsoft? And hey, he made it on /.!

  30. Sounds familiar.. by ibsteveog · · Score: 1

    This sounds exactly like what happened to me at my University (UT Austin). I went to our Campus Computer store and bought the latest version of Office. I noticed that they made me sign an agreement that essentially said that I needed a separate license from MS once I graduate, and that I could get it from the place I bought the CDs. So, I asked the guys working at the store about getting this license, and after 10 minutes of talking and looking at stuff they just told me that I didn't actually need one. So, go figure. I have a signed agreement sayign that I need a license key and that Campus Computers would provide, and they said they didn't have to. I guess I am legit.

    1. Re:Sounds familiar.. by Anonymous Coward · · Score: 0

      > This sounds exactly like what happened to me at my University (UT Austin). I went to our Campus Computer store and bought the latest version of Office. I noticed that they made me sign an agreement that essentially said that I needed a separate license from MS once I graduate, and that I could get it from the place I bought the CDs. So, I asked the guys working at the store about getting this license, and after 10 minutes of talking and looking at stuff they just told me that I didn't actually need one. So, go figure. I have a signed agreement sayign that I need a license key and that Campus Computers would provide, and they said they didn't have to. I guess I am legit.

      Unless those folks working at that store are also lawyers, I'd say no, you're not yet legit in spite of what they told you. After all, you're the one who signed the paper saying you needed to get a license, not them.

  31. This is all silly... by Anonymous Coward · · Score: 1, Informative

    As someone who has distributed these CDs for Microsoft in the past, the license is contained WITHIN the actual install program. When you agree to the license (EULA) during install, there's your license. These CDs contain that disclaimer because Microsoft does not want to spend money bundling a separate license when the one in the installer will suffice.

    1. Re:This is all silly... by Anonymous Coward · · Score: 0

      The EULA is not a license to use the software, it's a list of terms under which you may use it once you've paid for it.

    2. Re:This is all silly... by Anonymous Coward · · Score: 0

      If this liscence is in the executable, then how can there be piracy at all?

    3. Re:This is all silly... by Anonymous Coward · · Score: 0

      Really? Why do you have to pay for it? If Microsoft gives it to you, you paid 0.00 for it. EULA == End User License Agreement

  32. Well not really.. by leerpm · · Score: 1

    The software that costs $109 *IS* the academic version of Visual Studio.Net. It is esentially VS.Net Pro, with a modifed license. When you buy the $109 academic version you are still not allowed to use it for non-commercial purposes, but Microsoft is giving away this software at the conferences instead of you paying $109.

    If you want to use VS.Net for commercial purposes you have to buy the Professional edition which runs around a thousand dollars I think.

    1. Re:Well not really.. by evilviper · · Score: 1
      I really wouldn't know... I simply said that because that is something the website mentioned.

      Quote:
      Surely these copies of CD's do not cost $109! I


      So, strike point #3 from my list!
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  33. What do you think the managers'll say? by Anonymous Coward · · Score: 0

    "Thank you for your interest in Microsoft products. In regards to your inquiry, our lawyers will be contacting you shortly with a court summons. Cheers, Microsoft."

  34. I can see it clearly now by Oliekirk · · Score: 1

    Ok here what microsoft could be at: They will jump at freebie software and install and get beavering away. Later it hits them. Oh my god Im doing something ilegal, most shrug it off looking at the large amount of pirated media. Some will say, eeeeeeee must buy a liscence and give micro$haft money for a the license. Microsoft makes money out of group of students who wouldnt normally buy it. They belive there anti piracy stuff is getting better so people might want to upgrade from ilegal version to a new version in a few years (or half a decade.) Rake in some cash and hope that software they can no longer pirate is indespensible to these people. Of course good old microsoft cant make software that cant be pirated so that view is probably BS but im as bored as hell.

  35. Licences my ass! by TeknoHog · · Score: 1
    --
    Escher was the first MC and Giger invented the HR department.
  36. Anyone else notice this ad? by jesser · · Score: 1

    At the top of this story, a content-targeted ad supplied by Google:

    "Boss Stealing Software? Bust your boss. Report illegal software use." (Link goes to the BSA.)

    --
    The shareholder is always right.
  37. Ruin it for everyone... by DrakkenFire · · Score: 4, Insightful

    I work for a major retail computer chain. We used to have training events with all kinds of software vendors (microsoft, mcafee, mgi, datavis, roxio, etc.) and they used to give out all kinds of free software so that we could try thier products in hopes that if we used them we would reccommend the software to our customers. Now, due to the current economy a lot of these training events have stopped, but even at the ones that still do occur (microsoft included) we dont get NEARLY the amount of handouts that we used to. Again, it could probably be argued that this is due to economic conditions, and I would agree if they were handing out keyboards or processors, but for the cost of them to manufacture a CD they dont lose money as compared to what they will make on our reccomendations to customers.

    Anyway, back to my point. It seems to me that this guy is just trying to cause trouble for troubles sake, OR is trying to prove a point with regards to liscencing laws. While I agree with the sentiments, I DO NOT agree with the ammunition he is using for his fight.

    All he is effectively doing is making these companies more gunshy to hand out free software to resellers like myself, or anyone else who attends training events like the one he did to get his software. The companies wont want to deal with a deluge of email like this, or go throught the trouble of making special key sets for promotional NFR (not for resale) software, etc. Actually, we USED to get software that was stamped NFR all over it, but they stopped this and started handing out "real" versions under volume lisences because there were more costs involved with producing NFR sets rather than using existing stock.

    Youre looking a gift horse in the mouth and will end up ruining things for yourself and everyone else just to prove a point!

    1. Re:Ruin it for everyone... by Anonymous Coward · · Score: 0

      > Youre looking a gift horse in the mouth and will end up ruining things for yourself and everyone else just to prove a point!

      He's looking carefully in that horse's mouth to ensure there aren't BSA shark's teeth in it.

      NOTHING says Microsoft couldn't have handed out a Xeroxed copy of the proper license along with the CD set - do that, no more problems. But so long as the BSA (and its major patron, Microsoft) are going after 'offenders' with such diligence, publicity and fines, the submitter and everyone else, including you, has a vested interest in the issue he's raising.

    2. Re:Ruin it for everyone... by Erik+Fish · · Score: 1

      Why do you remind me of the guards in the "Tenchu" games who happily eat poisoned rice they find lying on the ground?

      Enjoy your "free" unlicensed promotional copies -- until the BSA comes in one day and tells you what a shame it would be if a nice store like yours were audited and found to be running unlicensed software. Of course (they'll say) you could just buy some licenses at the standard price now and maybe avoid a lot of unpleasantness in the future.

      If you don't want to buy any licenses though that's fine. They'll just make you an offer you can't refuse.

    3. Re:Ruin it for everyone... by DrakkenFire · · Score: 1

      Im NOT running unlisenced software. I am running software that was given to me by the software vendor. To get the software I had to sign into the promotional event. For every event I have EVER atteneded there is a sign in that states that the software distributed at the event is for personal use only and is not to be resold. So by agreeing to that I am establishing a contract (or lisence depending upon how you view it) with the vendor that I am allowed to use thier software so long as I dont resell it or borrow it to anyone. Furthermore every event I have ever attended (at least 30+) hthey have sent me an email before the event confirming my reservation for the event and that email also contains a sylabus of the agenda for that event and *gasp!* states that they will be distributing a free copy of titlex to all those who attend. So I *DO* have proof of how I obtained the software and a copy of the AGREEMENT that I have wih the vendor that I can use the product so long as I dont distribute it. I read these posts and I think to myself, have any of you flaming this practice ever attended one of these events and witnessed HOW they distribute the software? Or do you just hate MS so much that you come out against this for no other reason than "MS sucks!"???

  38. None at my university by RonnyJ · · Score: 1

    They never gave out any pirate software at the VS.NET demonstrations at my uni - people had to use their own CD-Rs.

  39. MOD PARENT UP by Anonymous Coward · · Score: 0

    yes, I'm joking.

  40. not possible...? by smcavoy · · Score: 1

    I don't believe it's possible for someone to pirate their own software.

  41. Whiners by Anonymous Coward · · Score: 0

    Well, aren't you all in a jolly good mood!?

    Microsoft deserves a little spaking now and then (you know they do), and this guy's obviously just having a little fun with them. His nitpicking is humorous - at least I had a good laugh.

    Think of it as a comic relief, not as some sort of an obnixious remark from a cranky user. And stop whining.

    -$|{

  42. EULA != License? by UselessTrivia · · Score: 1

    Not that I read such things, but I was under the impression that an EULA was a license. Please explain the difference. Id be happy to start selling free/open software if I can ignore the requirement that it be attributed as such - no serial number, no paper, so no license right?

    1. Re:EULA != License? by Dunkalis · · Score: 2, Informative

      The EULA is an "agreement" between you and the company that you won't do anything they prohibit with your license. A license is simply a document saying that this software is legally yours, and generally has a serial number on it. The EULA usually states you can't copy licenses software for non-licensed users, so there you go.

      --
      Slashdot is a waste of time. I enjoy wasting time.
    2. Re:EULA != License? by DataPath · · Score: 1

      one minor quibble. License does not give ownership.
      Back in the early ages of computer history, someone came up with the idea of software "licensing." It wasn't illegal to HAVE software without a license, it was just illegal to USE it. "This software belongs to us, and we give you permission to use it with these restrictions..."

      I think currently, the legal meaning of license has changed, and (IANAL) it is illegal to HAVE software without a license, use notwithstanding.

      --
      Inconceivable!
    3. Re:EULA != License? by hatrisc · · Score: 1

      isnt there the key word LICENSE in End User LICENSE Agreement?

      --
      I write code.
    4. Re:EULA != License? by Maxwell'sSilverLART · · Score: 1

      A license is simply a document saying that this software is legally yours...

      Almost. A license is merely permission to use something; a license document is proof that a license was granted. Admittedly, you'd be foolish to accept a license without documentation (the BSA would rake you over the coals if you did), but a license is just permission.

      By way of example, the FCC used to require posession of one's license document when operating an amateur transceiver; they changed that policy several years ago, explaining that they "grant" licenses, but they "issue" pieces of paper. That piece of paper is merely documentation of permission. Important difference--if you were given a license to use MS software verbally, you have a license, but no proof of such a grant. If the conversation was recorded, though, then you'd be able to prove that the license was granted, and the tape would supplant a paper document as proof, should it become necessary to prove anything. Same with e-mail, a videotaped handshake, whatever.

      --
      Moderate drunk! It's more fun that way!
  43. Not fucking fair by Anonymous Coward · · Score: 0

    Where in Ireland do they have these conferences? I want .net
    For fuck sake itll take 3 months to download it on 56k

    1. Re:Not fucking fair by Anonymous Coward · · Score: 0

      Not our fault you live in a country where they can't put the bottle down long enough to upgrade their telecommunications infrastructure.

    2. Re:Not fucking fair by Anonymous Coward · · Score: 0

      I would fight you for that slur against my country, but I dont want to spill my pint.

  44. The real problem by RainbowSix · · Score: 1

    The real problem isn't that Microsoft is giving out free software. It isn't a problem that they can give software out for free and not require a license.

    The real problem is that when the feds come knocking on your door, you aren't going to have a license for that CD and they're going to bust you for it. Microsoft isn't going to help you then, unless for some reason they kept a list of names of people to whom they distributed the CDs.

    --
    --------
    It's OK to be social, just don't tell anyone about it.
    1. Re:The real problem by Pofy · · Score: 1

      >The real problem is that when the feds come
      >knocking on your door, you aren't going to have a
      >license for that CD and they're going to bust you
      >for it. Microsoft isn't going to help you then,
      >unless for some reason they kept a list of names
      >of people to whom they distributed the CDs.

      So? It is not illegal to not have a license for copyright protected material just to use it (even less to own it or possess it). This is true for books, music,, software and so on. So there is really no problem.

  45. Re:Yes, Microsoft is pirating their own software. by Ponty · · Score: 1

    Uh, I think FreeBSD is UNIX, if it's a BSD. My understanding is that BSD code is UNIX and software actually derived from the AT&T sources is also UNIX. I'm sure I'm missing a lot of nuance and someone will point it out in great detail.

  46. It explains piracy dollar numbers... by philovivero · · Score: 1

    In the same way that I have $50,000 stolen from me every year, you know.

    Someone stole $20,000 from me and diverted the funds to the IRS. Someone else stole $10,000 from me and diverted it to Safeway, Albertson's, and Bob's IGA. And I lost another $20,000 to miscellaneous companies in my area.

    The culprit? My wife and that damned checkbook.

    I'm sure the SPA finds billions and billions of dollars of pirated software. You know. Microsoft pirates McAfee, McAfee pirates Norton, and Norton pirates Microsoft. It's just a good ol' boy network funding each others' habits and getting lawmakers to pass laws requiring those of us outside the little ring of buddies to fund their five-week Hawaii management seminars.

  47. That won't cut it... by sterno · · Score: 4, Informative

    This guy could make a hundred copies of that CD, hand them and the key out to his friends, but if there was a license, only one would have that legal document proving ownership. A CD and a key number don't prove legal ownership.

    --
    This sig has been temporarily disconnected or is no longer in service
    1. Re:That won't cut it... by Anonymous Coward · · Score: 0

      Which is why sysadmins can be screwed for losing it, even if they were bought legitimately, by the BSA :(

    2. Re:That won't cut it... by Pendersempai · · Score: 1

      I'm fairly certain that I don't own a paper document for every piece of software I've purchased. Most shareware, for example, comes with licenses in "about" boxes or in accompanying text files.

      My point is, duplicating a "legal document" can be and often is just as simple as duplicating a CD and a key number.

    3. Re:That won't cut it... by eaolson · · Score: 1
      A CD and a key number don't prove legal ownership.

      Why should one have to prove legal ownership, anyway? Should I also have to prove legal ownership of the computer my software is running on? After all, it too, could be stolen.
  48. Amen by frovingslosh · · Score: 4, Funny
    IT'S A TRAP.

    Absolutely. Now Microsoft has a list of people who they can audit and definately find that they are using illegal unlicencesed software. A claim that someone at M$ told you that pirating was OK is hardly going to be a defense.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:Amen by Overly+Critical+Guy · · Score: 0

      Do you have any idea how insanely paranoid you sound?

      Yes, "M$" is going to hand out software at an event so they can make a list of people to audit.

      Slashbots and their lack of limits when it comes to anti-Microsoft mindsets never cease to amaze me. I don't know what's worse: your comment, or the fact that some brainless crackhead thought you were "Informative."

      --
      "Sufferin' succotash."
    2. Re:Amen by Locutus · · Score: 1

      Microsoft has given out CD's at 'events' and used the list of attendees( actually, company names ) at trade events to show they are developing for Microsofts products. Even when those companies went just to see what Microsoft was doing and had no intention of developing software on Microsofts platform. Get the book "Startup".....

      Microsoft is run by a bunch of crooks and snake-oil salesman. IMHO. They've lied in court and have absolutely no credibility in my book and if you could actually get most of their 'partners' to talk, I'd bet you'd be hard pressed to find two that disagree.

      It's not likely that this is trick to prosecute these students but Microsofts past and present dealings easily can lead to this conclusion. EASILY.

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    3. Re:Amen by Overly+Critical+Guy · · Score: 1

      Wow. And you used your Karma Bonus modifier to post this drivel?

      Microsoft has given out CD's at 'events' and used the list of attendees( actually, company names ) at trade events to show they are developing for Microsofts products. Even when those companies went just to see what Microsoft was doing and had no intention of developing software on Microsofts platform. Get the book "Startup".....

      So?

      It's not likely that this is trick to prosecute these students but Microsofts past and present dealings easily can lead to this conclusion. EASILY.

      It might "EASILY" lead to that conclusion if you're a paranoid raving lunatic who takes to making tinfoil hats and wearing "Trust No One" t-shirts.

      Yes. Microsoft will give out software to students so they can later prosecute them. Yes. Say it enough times, it must be true!

      --
      "Sufferin' succotash."
  49. The Whiner Story by Anonymous Coward · · Score: 1
    So, someone from Microsoft gives you a copy of Visual Studio .NET for free (free as in beer, I guess, right?).

    You WHINE about the fact that there was no paper license.

    You claim to EXTEND the lack-of-license to every other microsoft product?

    You then think it's okay to make copies of this disk and give it out to everyone.

    Fuck man, I wish I had your troubles. Unlike losers like yourself I have to pay for Microsoft software I use.

    1. Re:The Whiner Story by Anonymous Coward · · Score: 0

      The point is that the software wasn't "free as in beer". It was "free as in illegal".

  50. When we asked by geekoid · · Score: 1

    an anonymous soource, known only as 1337 dud3, how he felt about this issues, he responded with:
    "Man. this shit sucks. I bust my ass to download cracks for there key, then bust my ass to put their stuff out on kazaa, now there giving away there software? wtf? Man microsoft sucks, and this is just another example of how the stick it to the little pir^H^H^H guy."

    The is Walter Kronkite saying "Sucks to be you."

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  51. Add to this... by MJOverkill · · Score: 1

    a lot of the people I went with to the toronto presentation had problems with their CD-Keys, as did I. When we all finally got our replacement keys, we were happy to find out that they didn't need to be activated!


    Serously, is Microsoft intentionally trying to make it easy for us, or what?(although I can't really complain about having .Net studio on both my home rig and my laptop)

  52. New Slogan by donscarletti · · Score: 1
    I have a feeling that the days of the tinny microsoft slogan "where do you want to go today?" are numbered.

    Microsoft -- get yo warez here!

    --
    When Argumentum ad Hominem falls short, try Argumentum ad Matrem
  53. Re:Yes, Microsoft is pirating their own software. by Jester998 · · Score: 3, Funny

    "Slashdot...will be converted into hotornot2.com"

    Hopefully few (if any) of the members of the current site will be allowed to post on the new one...

  54. Re:Yes, Microsoft is pirating their own software. by damien_kane · · Score: 1

    Don't forget... the makers of vi and Emacs coordinate to make a uber-editor and there are no more vi/emacs flame wars...

  55. save it for the BSA by Erris · · Score: 1
    Except for the fact that MS would have a very hard time proving any malfeasance on the part of the consumer.

    Generally the end user has to prove their innocence to avoid costs beyond the audit. A piece of email from an employe, who may or may not work at M$ when the next campus crack down occurs, is not helpful. No one messes with students, right?

    Wrong. In case you missed it, four students are looking at $97,000,000,000 in RIAA fines for indexing other student's windoze shares. Who's to say the BSA is not going to sweep campuses next looking for unauthoized versions of M$ Word or the elusive NOT.NET?

    It's issues like this that keep me away from comercial software. It was never really worth the cost and now it's not worth the trouble. 14ghz should just forget about that CD collection and look into software with a more promissing future.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
  56. At least you got a copy... by chrisfromnowhere · · Score: 2, Insightful

    I left a few minutes early and they said they'd mail us VS.NET because they couldn't find it.

    Seriously though, why would you be such a biatch to someone who's trying to do something FOR you. She helped coordinate the event that gave you FREE food (although those wraps were a funky colour), FREE software, and FREE sessions.

    Oh well, I've read enough complaining in this post already; it's about time I stop contributing to it. I can't believe this made the front page.

    1. Re:At least you got a copy... by shepd · · Score: 1

      So, if you went to an event where they gave you free food, a free gun, and free shooting lessons, you'd be fine if at the end they gave you a pamphlet on the best way to shoot Charlton Heston?

      Encouraging people to break laws is encouraging people to break laws. If the encouragement is ironic, it's only that much more juicier a story.

      It takes a lot more than some free food and free junk to cloud my judgement.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    2. Re:At least you got a copy... by GigsVT · · Score: 1

      Don't ever call MS free software. It is the furthest thing from it.

      That's like saying "Don't knock the people detaining you in jail without cause, they are giving you FREE food, FREE housing, and FREE exercise facilities"

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    3. Re:At least you got a copy... by Dolohov · · Score: 1
      So, if you went to an event where they gave you free food, a free gun, and free shooting lessons, you'd be fine if at the end they gave you a pamphlet on the best way to shoot Charlton Heston?

      Sure. Hell, I'd ask for extra.

  57. Other people with MSDNAA by CoolGuySteve · · Score: 1

    My university is in the MSDNAA (I suppose) but when I went down to get WinXP they said I could only borrow it for a night and install (by that I think they implied copy) the program then bring it back. That's a hassle, now I have to stock up (by which I mean install) on all the microsoft stuff I want during finals because I was too lazy to do it then.

    For other people at MSDNAA schools: does it work this way for you or do you actually get media to keep?

    1. Re:Other people with MSDNAA by Anonymous Coward · · Score: 0

      MSDNAA distribution works in one of two ways: The dept is in charge of the disks and loans them out to students, or the dept uses msdn.e-academy.com to distribute the disks electronically.

      My school does it the e-academy way.

      http://www.msdnaa.net/faq.aspx

    2. Re:Other people with MSDNAA by Anonymous Coward · · Score: 0

      My school does the disk loan. You have to copy it yourself if you want "backups". The academic license is in effect though. You cannot use the software for commercial purposes.

  58. non-commercial use by jd142 · · Score: 1

    I've seen licensing for academic software that had the non-commercial only restriction, so that isn't surprising. It usually applies to languages, j++, visual c++, .net studio, etc. The idea is that the student should be able to use the language to learn it, write apps for class, etc., but if you want to write a commercial application you should buy the full commercial version.

  59. All Windows software is shareware.... by Hates · · Score: 0, Flamebait

    All windows software is shareware... You've just got to find someone to share it with ;)

  60. Re:Attendees were students -- MSDNAA is their lice by JayateMo · · Score: 2, Informative

    Check out this

    Amendment to Master End-User License Agreement (For the Microsoft Developer Network Academic Alliance Program)

    This amendment (the "Amendment") to the Master End-User License Agreement for the Microsoft Developer Network Subscription (the "EULA") is a legal agreement between Microsoft Corporation ("Microsoft") and a Qualified Educational User approved by Microsoft for participation in the Microsoft Developer Network Academic Alliance Program ("MSDN Academic Alliance Program"). This Amendment allows for the not-for-profit instructional and non-commercial research use by a Qualified Educational User (as hereinafter defined) of the Product provided under the EULA. This Amendment further allows the Qualified Educational User to utilize the Product for the not-for-profit design, development and testing of software applications or hardware created by Qualified Educational User. Product includes subscription UPDATES provided by Microsoft (as defined in the EULA).

  61. Re:Nit-Pick by Anonymous Coward · · Score: 0

    "The 'v-' at the beginning is, IIRC, Microspeak for 'not a Microsoft employee'."

    I think that the proper term is "Astro-turfer"!

  62. another loser by eddiecore · · Score: 1

    another loser with too much time on his hands. get a grip.

  63. Separately Licensed Software by DragonHawk · · Score: 5, Informative

    You can obtain a media kit for just about any Microsoft product by calling your local Microsoft Product Fulfillment sales office. Most of the kits cost $24.95. That includes things like Windows 2000 Server, Exchange 2000 Server, etc. Any software media you get this way will be marked "Unlicensed Software -- Illegal Without Separate License From Microsoft".

    The general idea here is that software -- all software -- is licensed independently of the media it comes on. For example, if you lose or damage your Windows install CD, you can order a replacement for a small fee. The license that you purchased originally is still valid, and is what counts.

    These CDs are also used with the various volume licensing programs (Open, Select, and so on) that Microsoft offers. Basically, you order licenses for your organization separately, and then order however many media kits you want or need. You can find more information on these programs at http://www.microsoft.com/licensing/.

    Now, as far as these discs go: Without a separate license agreement, they are not legal to use. It sure sounds to me that no such license agreement was distributed. I would be very careful about using such media unless I received an agreement.

    The fact that some marketing dweeb at Microsoft handled them out is not enough. The fact that the same dweeb said it was okay is not enough, either. A dweeb is not a legal license agreement. Those facts would give you plausible denial in court, and likely decide the case in your favor, but it would have to go to court.

    Finally, I doubt Microsoft has any nefarious intentions here. I suspect that Microsoft is just like any other large company, and that as such, they employ people (like this marketing dweeb) who don't understand that software licensing is a legal contract. I'm sure it never occurred to him that he was doing something wrong. Most people don't think before they pirate software. Heck, far too many people don't think, period.

    The fact that Microsoft's own people have this problem is certainly ironic, and highlights just how crazy the world of software licensing is.

    Zealots, please note: Free/Open Source Software is still licensed. You need to very carefully understand your rights and obligations under a software license, be it a Microsoft EULA, the BSD license, or the GPL. Failure to do so may open you up to legal problems, regardless. (Go ahead and incorporate some GPL code into a closed product, and see how the FSF reacts.)

    --

    dragonhawk@iname.microsoft.com
    I do not like Microsoft. Remove them from my email address.
    1. Re:Separately Licensed Software by spun · · Score: 1
      Zealots, please note: Free/Open Source Software is still licensed.

      Hehe, yeah, people, read the license before you use it. I was going to use a free content manager until I read the license and noticed it required a copyright notice and link to the authors website on every page. Nothing wrong with that, perfectly reasonable, just not what we want for our site, so I promptly deleted the program. If it's not a license you are familiar with, read it carefully, and follow it. Free doesn't mean unlicensed, these OSS programs are still under the control of the copyright holder, and rightfully so.


      I think I'm going to release software under a license that states anyone can use it if they send me a picture of themselves in a tutu wearing a nixon mask.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    2. Re:Separately Licensed Software by b0rken · · Score: 1
      Zealots, please note: Free/Open Source Software is still licensed. You need to very carefully understand your rights and obligations under a software license, be it a Microsoft EULA, the BSD license, or the GPL. Failure to do so may open you up to legal problems, regardless. (Go ahead and incorporate some GPL code into a closed product, and see how the FSF reacts.)

      What makes you think that I cannot use software I have legally obtained? The example you cite, "incorporate some GPL code into a closed product", is creation of a derivative work, a different matter than simply "using" the software.

      Whenever software you've legally obtained presents you with an EULA, don't believe it. Call up their technical support, and tell them that there is a bug in the software: when you choose to use the software you've legally obtained as permitted by US copyright law, and decline the EULA, the "Next" button is disabled. Inform the tech that you've found a workaround (check the "I agree" button, even though you don't agree) and ask that the bug be fixed in the next version or a bugfix release.

      --
      Hate stupid software on freshmeat? Laugh at
    3. Re:Separately Licensed Software by kinema · · Score: 1

      Actually, some software is indeed subject to no license. I have worked on software projects that were the product of United States government employees in the persuit of their jobs. This software or any other such software created by such persons in a simiar situtation would also be subject to no license. These products/projects are property of the United States people. They are "In the Public Domain.

    4. Re:Separately Licensed Software by asdfghjklqwertyuiop · · Score: 1


      Now, as far as these discs go: Without a separate license agreement, they are not legal to use.


      Says who? Microsoft? Are they congress now? Was bill Gates elected a judge? Whoever got a copy of the programs legally obtained a copy of a copyrighted work, period. No additional agreements required.


      The fact that Microsoft's own people have this problem is certainly ironic, and highlights just how crazy the world of software licensing is.

      Zealots, please note: Free/Open Source Software is still licensed. You need to very carefully understand your rights and obligations under a software license, be it a Microsoft EULA, the BSD license, or the GPL. Failure to do so may open you up to legal problems, regardless. (Go ahead and incorporate some GPL code into a closed product, and see how the FSF reacts.)


      The license you're talking about that comes with open source software isn't even remotely the same thing as the license that comes with commercial software (EULAs). The former assumes you have legally obtained a copy of the copyrighted work. As such, you are perfectly free to do with as you wish to the extent of copyright law. But the open source license, if you choose to accept it (and you are not required to do so to use the software) grants you additonal rights beyond those granted to you by copyright law (right to modify & redistribute usually).

      Now commercial software EULAs start from the assumption that you have not legally obtained a copy of the softare. Even if you go out to a store and pay cash for a boxed copy of the software, the EULA baffilingly claims you do not legally own that copy (hence the "warning: unlicensed software. requires separate license" plastered all over MS cd cases). If you would however like to legally use that copy you just bought, the software company is willing to grant you that right - if you agree to a bunch of restrictive terms.

  64. Missing the point by r55man · · Score: 1

    Yes, Microsoft is free to give away their own software. That's not the point here. The point is, are the recipients allowed to *use* it?

    For example, what happens when the BSA comes a-knockin' and finds this unlicensed copy of Visual Studio? Is the defense "MS gave it to me for free" going to work? And even if it does, how much time and money is it going to take to prove it?

  65. Perhaps your VS.NET is already licensed... by WebCowboy · · Score: 2, Informative

    ...to the University of Calgary. The license need not be represented by one of those nifty little certificates with intricate graphics, numbers and holograms all over it. It is entirely possible that in return for letting MS put on its dog-and-pony show microsoft granted some sort of volume licensing deal with the UofC.

    I agree with the article that "Sasha" (the MS point-of-contact for the student tour) is out of the loop concerning licensing issues--understandable since keeping everything straight is something akin to brain surgery and rocket science. Sasha might reply after talking to one of the MS High Priests of Licensing saying as much as I've stated above.

    If in doubt, ultimately I'd talk to the UofC's Computing Services department--or the departments of Computing Science or Computer Engineering--to inquire about how student licensing works (ie it it technically property of the U of C and you only buy the media--or whatever).

    I don't know how it works at the U of C, but at the U of Alberta bookstore, you didn't need to be a student to buy most anything there, but for software it was a different story--you needed to present a valid, current student ID card and fill out documentation before you could cart your purchase home.

    It was many years ago when I did that (1996), however when I bought MS Office it didn't come with the same licensing documentation (certificate, registration postcards, etc) that retail (or even OEM) software was packed with. Perhaps that meant it was licensed to the U of A for use by all students who bought the media. However I didn't really care then about the legal details of licensing at the time. Come to think of it, I don't now either. I don't purposely go out of my way to "steal" MS software, but it gets legally murky when your software library from MS is a mishmash of retail, OEM, NFR copies obtained from being a former "MS Partner" and student editions. If I worried about it I'd get ulcers and never have time to do real work.

    1. Re:Perhaps your VS.NET is already licensed... by syd02 · · Score: 1

      Yes. I installed VS.NET a few days ago from some CDs I checked out from my MIS department. An email they sent after I was approved contained a license number, though I didn't have to enter it because the installer already had it greyed out and uneditable. The email also had a link to the license:
      http://msdnaa.net/EULA/NA/English.aspx

      If I'm audited, all that I have to prove is that I was attending school at the place associated with the license number.

  66. I would by Artifex · · Score: 4, Funny
    BTW... I wouldn't install that POS "development suite" if *they* paid *me*.


    I'm unemployed, you insensitive clod! :)

    No, really. I'd install it all day on lots computers. Later, if they paid me enough, I might even support the IDE for it.

    --
    Get off my launchpad!
    1. Re:I would by evilviper · · Score: 2, Funny
      I'm unemployed, you insensitive clod! :)

      Hey! My name is Clod, you insensitive Artifex!
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  67. Re:Nit-Pick by Anonymous Coward · · Score: 0

    You know! One of those clowns who posted all over the Internet, "I am a beta-tester for Windows "XXX", I have been using it for 6 weeks now, and I tell you, it hasn't crashed on me once!"!

    "XXX" stands for Windows XP, 2000, ME, 98, 95 or 3.11!!! Not to mention all the MS Offices!!!

  68. I'm guessing... by dfj225 · · Score: 1

    that MS will just sue all the people that they gave the discs to once they install the software.

    --
    SIGFAULT
  69. Academic liscences by AdrocK · · Score: 1

    I used to be the asst. manager at my campus computer store, and dealt both with MS and our "MS approved vendor" of MS Academic Alliance CD's. Couple of side points about them:

    a) They are a pain in the ass. We went through four vendors and every one of them took over a month to fill an order. Come to find out, it was MS's delay in approving the sale.

    b) The licenses are deliberately shady (IMHO). We (the university) purchased a bundled license for Operating Systems, Office suites, and VS. They all included Professional versions, so that was fine. The Shady part, was that MS and their vendor allowed a purchase of 500+ copies of NT Advanced Server (which is not included in the OS liscence pack apparently). 2 years after the purchase, we get audited by MS and whose fault was it? Ours of course, but they fined the university a shit ton of money, with no grace period to purchace the licenses we needed first.

    c) They change all the time. Our campus licence stated that it was okay to burn copies for Faculty use ON CAMPUS ONLY. This past year, I specifically called my MS rep (who was most likely a third party vedor rep) to ask them specifically if I can burn copies of Non-Keyed CD's for use on campus. Thats Fine (got it in writing faxed to me). Now a month later (during the audit above) they find burnt copies laying around in offices, and shit their pants. They issued a new license to us, an voided the old one. and that's no longer allowed. Faculty used to be able to buy a CD and take it home, legally. That changed at the same time. If they wanted to take it home, they had to buy a student copy.

    These may seem pretty petty, but they caused me ALOT of headaches while I was working there. They caught us in a trap, whether it was deliberate or not, and we still had to pay. It can happen.

    --
    Those who can, do. Those who can't, teach.
  70. I was at this event by saskboy · · Score: 1

    And my CDs have a key on the back of a CD cover, but no paper informing me of the license document anywhere.

    Although the presentation was good, they didn't plan on having so many people show up in Regina, and didn't have enough food ready. And through the whole thing they were selling how great .net was for people programming for cross-platform apps, but never once mentioned that .net doesn't run on Windows 98 if you are the developer.

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
  71. Re:Yes, Microsoft is pirating their own software. by Dicky · · Score: 1
    Not that it's in any way on-topic here, but...

    UNIX and Unix aren't the same thing :-) Unix is a style and/or a family of operating systems, including the commercial Unixes, the BSDs and (at least possibly) the Linuxes. UNIX is a trademark and a brand name, owned by the Open Group, and operating systems which pass the branding process - in effect, which are provably compatible with the published POSIX/Unix standards - are granted the right to use the brand. So NT with the right layered stuff may be UNIX, but it certainly isn't Unix, while Linux is Unix, but no Linux distro (and it would have to be a distro) is UNIX.

    At least, that's how I see things :-)

    --
    Paranoia isn't an infectious condition, it's a way of life
  72. Pot calling Kettle Black... by I-R-Baboon · · Score: 0

    For all the arguments of piracy this strikes me quite odd. One side claims that the flagrant piracy of software is costing people jobs by in turn denying a company of their due income. Yet, here they are distributing free copies of their software asking to only have them purchase a license or allegedly get an email from M$ stating its okay to use without a valid license. Is this a hypocrisy or a setup for when M$ can more aggressively check for and prosecute software/OS pirates?

    How can you justify any loss in revune from software and/or license not being paid for when you are distributing it yourself for free? What would be the difference, aside from a cushy M$ paycheck, if other copies of M$ software and OSes were distributed with the same neat little lable about naughty you for using this? When making claims of incredible losses such as the RIAA claims, do they take into account all freebies that have been given out?

    Who do these laws that these huge rich companies have bought in Congress apply to and how does one go about getting on the immunity list!

    --
    -1 Overrated (Too many big words for me to comprehend)
    1. Re:Pot calling Kettle Black... by I-R-Baboon · · Score: 1

      Overate this

      *exposeses bright red ass cheeks*

      Moderation: -1 Flamebait -1 Troll -1 Not a sheep

      --
      -1 Overrated (Too many big words for me to comprehend)
  73. piracy is good for MSFT by jtilak · · Score: 1

    If it were not for the rampant pirating of Windows and Office, Microsoft would not be the monopoly it is today. Just using Microsoft software helps them, even if you didnt pay for it, because if you're using their software then your not using their competitors' software.

  74. Dual License by News+for+nerds · · Score: 1

    MySQL offers you dual licenses of commercial and GPL. When MS gave away those products under their own dual license those bashers complain, and when MySQL does the same thing no one (but RMS himself) complain about that.
    But it's still interesting to know license document itself has no obligatory power on users, but something to publish and attest intent of those who give license, possibly at court. That MS gave them at conference, is implicit licensing.

  75. Nobody here gets it by varebel · · Score: 1, Interesting

    Nobody here seems to "get it".

    Think about the precident this could set and damage this could do to Microsoft. The next time Microsoft wants to prosecute someone for using software without a license, this occurance could be used as evidence that Microsoft does not have a firm and uniform policy on the importance of software licensing.

    This, from the company who's entire - let me repeat that - ENTIRE business model is built around the assertion that possesion of little certificate is proof that one have the right to use their product. And, who's EULA reserves them the right to pop surprise inspections on their customers and fine them for software who's certificate can not be produced.

    If pursued, this could have lasting repurcussions.

  76. Shouldn't The "From" Subtitle Have Been by The+Dobber · · Score: 0, Flamebait

    From the "really really struggling to bash MS today but having a hard time with it" department?

  77. Re:Yes, Microsoft is pirating their own software. by Old+Wolf · · Score: 1

    The name 'UNIX' is copyrighted by AT&T, or something.

  78. Now we Know by Herkum01 · · Score: 1

    This is how they determine how many CDs, and DVDs get pirated every year. For everyone that got accepted chalk one up for piracy!

  79. Seriously by Anonymous Coward · · Score: 0

    First you people moan that Mircrosft software is overpriced, then they GIVE YOU FREE STUFF and after your pointless prattering emails to Microsoft they tell you quite bluntly IT'S OK TO USE IT but you still kick up a fuss.

    Jesus fucking christ you people are never happy. Always moan moan moan.

  80. It would have been an interesting story by NullProg · · Score: 1

    But, since you posted it to slashdot, we will never see the true ending.

    Right now there is an MS Army of PR reps and lawyers looking at how to respond to this.

    Enjoy

    --
    It's just the normal noises in here.
  81. You can't touch a license by Dr.+Evil · · Score: 2, Insightful

    Those papers Microsoft gives out are "End User License Agreements" and "Certificate[s] of Authenticity", they are not "Licences".

    The EULA says you must have a licence, but it doesn't say what constitutes a license.

    The best evidence you can provide of licensing is a receipt for the software from an authorized retailer. Otherwise you can hold up all the Certificates of Authenticity, original media and EULAs you want and you still could have bought the package from Bob down the street... which violates the terms of the EULA.

  82. pendantic ass by Old+Wolf · · Score: 1

    an ass that hangs from your neck?

    is this an asshat you can take off and put on again later without losing it? Great idea!

  83. Sasha is probably NOT an employee of Microsoft by mintech · · Score: 2, Insightful

    If you notice all the emails from Sasha to Lance, it states "Sasha Krsmanovic (ManPower)"

    Manpower is a consulting firm.

    1. Re:Sasha is probably NOT an employee of Microsoft by I-R-Baboon · · Score: 2, Funny

      Good call!

      Bet the headers might show not even a Manpower employee or mail server...

      --
      -1 Overrated (Too many big words for me to comprehend)
    2. Re:Sasha is probably NOT an employee of Microsoft by Anonymous Coward · · Score: 0

      Sorry, no :/ ThinkGeek never got back to me on that DMCA toilet paper :(

    3. Re:Sasha is probably NOT an employee of Microsoft by asackett · · Score: 1

      Consulting firm, you say? Please ratchet up the clue lever a step or two -- Manpower is a *temp agency*. Calling a temp agency a consulting firm is like calling McDonald's cuisine.

      --

      Warning: This signature may offend some viewers.

  84. New anti-piracy tactic! by Anonymous Coward · · Score: 0

    This is obviously the new Microsoft tactic for busting student pirates:

    - Hand out software with no provable license;
    - Wait a few months, then accuse the people it was handed to of piracy;
    - Use the evidence to get raids/investigation started against them;
    - If the student had other pirated stuff, the investigation will found out about it;
    - If they didn't, the investigation will find the canary VB.NET, and MS can then drop charges.

    1. Re:New anti-piracy tactic! by Anonymous Coward · · Score: 0

      you forgot:

      6. Profit!

  85. Why does Microsoft have these in the first place? by Kaeru+the+Frog · · Score: 0, Redundant

    Why would Microsoft print CD's that they then label as unlicensed and illegal. What does Microsoft do with these discs? When you buy a license can you cross out that part of the label and that will somehow hold up in court. Why make the discs in the first place if they are just going to label them illegal.

  86. who is calling the BSA on students?! by mekkab · · Score: 1

    A potential nitpick:

    correct me if I'm wrong, but as long as this student is not using VS.NET for commercial purposes, there is no way the BSA will bust down the doors! Is there?

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
    1. Re:who is calling the BSA on students?! by SirSlud · · Score: 1

      On our BSA check at work, all our software was being audited ... I had some software on my PC for personal non-commercial reasons, but that didn't exempt the software from being checked.

      --
      "Old man yells at systemd"
    2. Re:who is calling the BSA on students?! by Spoticus · · Score: 2, Interesting

      You're joking, right?
      click

  87. Well.. here's the problem. by mindstrm · · Score: 1

    How then can they sue people for pirating software, if it's only the unlicensed USE of that software that is illegal? Quite the double standard, no?

  88. Great by Anonymous Coward · · Score: 0

    Now I know I can use those CDs CowBoyNeal gave me.

  89. Attend one of these things by gnurb · · Score: 1

    You can register to attend one of these events (if you're a student)here. I registered for the one in Philly.

    --
    hooray! it's a sex wiki
  90. What the hell? by coupland · · Score: 1

    You stupid jerks. I know that /. isn't supposed to be impartial but you took an email thread between a user and a sales rep and transformed it to "Microsoft Pirating its own Software?" You dirty louses there isn't a shred of proof or even credible sources, how do you know this page isn't complete fiction? Even when attacking companies we hate I expect to see some sort of credibility and evidence... This is the worst story that's ever reached your front page.

    1. Re:What the hell? by err+head · · Score: 1

      >This is the worst story that's ever reached your front page.

      either you're a complete moron, or you haven't read slashdot's front page very often

      i'm guessing both

  91. MS is not doing anything wrong by mark-t · · Score: 2, Insightful

    They wrote the software, they can give it away, and give people permission to use it without a license if they so choose. Although it might be in their best interests to have done so in writing.

    1. Re:MS is not doing anything wrong by SUB7IME · · Score: 1

      To do so in writing would have constituted a license.

    2. Re:MS is not doing anything wrong by repetty · · Score: 1

      I don't think you understand what's at issue here, at all.

    3. Re:MS is not doing anything wrong by Pofy · · Score: 1

      >They wrote the software, they can give it away,
      >and give people permission to use it without a
      >license if they so choose.

      If they give it away, they give it away. There is no extra "give permission" needed for whoever got a copy to use it. You do NOT need any special permision or license to use something jst because there is some copyright on it.

  92. "fast and loose" is the problem by timothy · · Score: 1

    A lot of the responses to this story basically accuse the web-page poster of pedandtry and nickpickism, or trying to embarrass Microsoft for what could be described as an oversight (and one they made while attempting to be, or at least to appear, generous -- in a straightforwardly self-interested kinda way).

    That's not the big problem, really -- because it's not that they made a little slip up, it's that Microsoft is extremely selective about claimed valuation (is a pack of 6 CDs worth $130 if it's given away en masse to students around the country? What is the sound one one hand clapping?) and license enforcement.

    For instance: what would Microsoft have said to the fellow in charge of Virginia Beach's IT dept if he had attempted the same thing from the other direction? ("Oh, don't worry, yeah, we bought licenses, it's all OK ... look, we inquired a while ago when we noticed we didn't have some of our licenses handy, but one of your employees sent us an email. Want me to print it out?")

    (Story one,

    story two)

    I don't think that would have worked :)

    Now, (micromanagement by the USDOJ aside) Microsoft should be free to give away all the software they want, and (IMO) can charge as much or as little as they want for it, license as freely or tightly as they want, but it's *not* fair play to act as if a casual "yup, it's OK" is fine in some cases while a rigorous, affirmative proof is needed in others.

    timothy

    --
    jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
  93. Re:Yes, Microsoft is pirating their own software. by Anonymous Coward · · Score: 0

    And someone with a 5xx,xxx Slashdot ID will become pro-Linux.

  94. Unlicensed Posting by blair1q · · Score: 1

    If you can read this, you are breaking the law.

    -BSA

  95. This proves just one thing by Ciderx · · Score: 1, Funny

    Every person called Lance needs to be punched extremely hard in the face.

  96. HELLOOO FUCKTARD! by Anonymous Coward · · Score: 1, Insightful

    Ahh, this poor boy is one of the unwashed masses who has been trained to think that you need a license to use a piece of software.

    Well guess what, YOU DON'T! You are in posession of the software, given to you in a legal fashion. You may use the software in any way you wish (including installing it on your computer and loading it into RAM, which is EXPLICITLY allowed by copyright law!). You may NOT distribute copies, which is explicitly prohibited by copyright law.

    Since it didn't come with a license, you have the basic rights everyone has under copyright law, which are the same ones you have with a CD, a book, a poster, a DVD, etc...

    I repeat: software licenses are used to add (or remove, unfortunately) from the basic rights afforded by copyright law. If you didn't receive a license, and you lawfully received the software, that's the END OF THE STORY.

    If you're afraid of the BSA (which you shouldn't because they are a bunch of cowardly thugs), just print out the first email the MS-drone sent you, and be done with it.

    One more time: just because Microsoft, Adobe, etc, have you trained like a monkey to kiss their ring whenever you need to install or run software, doesn't mean that's how it is. Even the GPL explicitly says that it doesn't cover RUNNING the software.

  97. Mass XP distrubution by ca1v1n · · Score: 1

    MS gave the MSUG at my school 100 similarly marked CDs for XP Pro. While I'm not in MSUG, I went to one of their meetings, and they gave me a copy. Half the CS department has them. Anyone else have similar experiences at their schools?

    1. Re:Mass XP distrubution by llamaluvr · · Score: 1

      I got VS .NET in a data structures class. The packages said the same thing about being illegal without the license, but we were required to sign a paper when we got the CDs, so maybe that was the "license"? MS also sponsors a programming contest at my school, and the first x number of attendees for the exhibition get a free copy of XP Pro, with the same warning, but we never got a license.

      --
      Insightful: 76, Off-Topic: 379, Flamebait: 24, Funny: 152, Interesting: 201, Underrated: 55, Troll: 9, Total: 896
  98. Real story is false advertising, clueless employee by zenyu · · Score: 1

    His University almost certainly has an academic license so he could have gotten the CD without attending the recruiting seminar. From his CS department or academic computing office, whatever their setup is. So they weren't worth 109 CND, prolly $1+(RIAA tax) for the blank CDROMs he may have needed to bring to his CS department. It's strange that the MS employee didn't just say, "Hey you're covered by the university license while you're matriculated." My university got a free MSDN subscription, a million bucks, plus government matching funds to sign up for the MS licensing, I think in these hard times many will sign up. Some public universities may be barred from dealing with MS due to contracting laws, but private universities can deal with convict corps so long as they aren't involnved in the wrongdoing.

  99. Posting private comments publicly is illegal by SuperBanana · · Score: 2, Informative
    The dude who posted the article should have had the common decency to obscure the name of the person at Microsoft that he was corresonding with. I have had my name posted on the internet with correspondance I made on behalf of my employer and it always makes me uncomfortable.

    IANAL, but it's not just obnoxious, it's illegal- regardless of whether you obscure the names. Unless I specify otherwise, any communication I send you is intended for you, and you only. If you forward it to someone else, or, say, post it online for all to read, I can sue you. It's quite similar to how you may not tape-record a conversation without my permission.

    Unless the content is quite obviously harmless, I ask the permission of the sender before forwarding a message from them to a mailing list(or cc'ing others in a reply that contains part of their comments, quoted.) It is at the very least considered good manners.

    MS could quite easily slap him with a cease-and-desist letter, although it'd probably draw even more attention to the matter, one which, at the very least, seems almost entirely pointless and will be forgotten in a day or two.

    1. Re:Posting private comments publicly is illegal by paranoid.android · · Score: 2, Interesting

      IANAL, but it's not just obnoxious, it's illegal- regardless of whether you obscure the names. Unless I specify otherwise, any communication I send you is intended for you, and you only. If you forward it to someone else, or, say, post it online for all to read, I can sue you.

      Got a source for that? Just curious.

    2. Re:Posting private comments publicly is illegal by Anonymous Coward · · Score: 0

      A conversation can legally be recorded as long as one (or more) of the participants is aware that the recording is being made.

    3. Re:Posting private comments publicly is illegal by Anonymous Coward · · Score: 0

      IANAL

      Obviously. You're wrong.

      It's quite similar to how you may not tape-record a conversation without my permission.

      Quite. You're wrong again, depending on the state, but the two situations aren't related.

    4. Re:Posting private comments publicly is illegal by John+Hasler · · Score: 1

      > IANAL

      This is clear.

      > Unless I specify otherwise, any communication I
      > send you is intended for you, and you only.

      Bullshit. Unless I entered into a contract with you to keep the communication secret I am free to reveal its contents to whomever I please.

      > If you forward it to someone else, or, say, post
      > it online for all to read, I can sue you.

      Only for copyright infringement. Do you register the copyrights on all your communications?

      > It's quite similar to how you may not
      > tape-record a conversation without my
      > permission.

      Very similar: that isn't true either.

      > MS could quite easily slap him with a
      > cease-and-desist letter...

      Anyone can slap anyone with a cease-and-desist letter. I could send you one demanding that you do some research before posting to Slashdot. And you could ignore it.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    5. Re:Posting private comments publicly is illegal by Anonymous Coward · · Score: 0

      Yeah, it's called the berne convention. Everything you write is immediately considered under copyright owned by you. Unless you explicitly told the person to whom you sent your email that they are allowed to reproduce it, they aren't.

    6. Re:Posting private comments publicly is illegal by commodoresloat · · Score: 1

      In which case you would have to prove some harm in order to sue for damages. I can publish your letter to me without fear if I am not making a profit off it or invading your privacy (or defaming you). Sure, it's copyright infringement, but it is not actionable IMHO.

    7. Re:Posting private comments publicly is illegal by dpete4552 · · Score: 1

      > It's quite similar to how you may not
      > tape-record a conversation without my
      > permission.

      Very similar: that isn't true either.


      In some states this is true.

      --
      http://www.archive.org/details/ThePowerOfNightmares
    8. Re:Posting private comments publicly is illegal by iceT · · Score: 1

      IANAL, but

      Ok. When you become a lawyer, let me know. Until then, this is an opinion, masquerading as a legal reference.

      --
      -- You can't idiot-proof anything, because they're always coming out with better idiots.
    9. Re:Posting private comments publicly is illegal by Badmovies · · Score: 2, Informative

      Uh, let me include some actual law here:

      PER TITLE 17 - UNITED STATES CODE - SECTION 107
      "Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
      1 the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
      2 the nature of the copyrighted work;
      3 the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
      4 the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

      Now, all the being said, private letters are published all the time. Just look at the glee that websites take in posting "Cease and Desist" letters from lawyers. And they do it all the time. Funny, if there was a leg to stand on, I would think that a law firm would try and use that to get the letters yanked.

      How is this so? Check condition #4 of fair use. I think that is key here.

      --


      Andrew Borntreger
      Champion of cinematic disasters
    10. Re:Posting private comments publicly is illegal by juhaz · · Score: 1

      No it's not.

      For something to be copyrighted it must be conceivable as _work_, or pass a "requirement of originality".

      It may fall under some other laws, but I seriously doubt that e-mail as trivial as ones in the article would be copyrighted.

  100. Already In Violation by devnullkac · · Score: 3, Funny

    Poor Lance is already in violation of the restrictions on the media they gave him... he made an illegal copy and posted it on the Internet.

    --
    What do you mean they cut the power? How can they cut the power, man? They're animals!
  101. There is a separate piece of paper... by west · · Score: 1

    At least, when MS was handing out academic copies at the affair I attended, it certainly came with the piece of paper that had all the legalities of how I could use the software.

    And yes, there is no way that his MS contact has the authority to single handedly overrule MS's business processes. The MS employee saying it is alright in no way protects the user. If the secretary told you it was alright to loot the safe, *you* are still the one that goes to jail...

    That having been said, it's pretty obvious that MS would never bother with hunting anyone down. It's completely a matter of a point of principle. All that happened was that the MS rep forgot the separate piece of paper with the license and is trying to forge a practical, if not legally binding, solution.

    1. Re:There is a separate piece of paper... by Pofy · · Score: 1

      >At least, when MS was handing out academic copies
      >at the affair I attended, it certainly came with
      >the piece of paper that had all the legalities of
      >how I could use the software.

      Well, it doesn't matter what it says on the paper. Just because someone gives you a piece of paper it doesn't mean you have to follow it or care about what it says.

  102. Comment removed by account_deleted · · Score: 3, Interesting

    Comment removed based on user account deletion

  103. Not the first time by cos(0) · · Score: 1

    This year's Compaq (HP) CodeWars, which took place March 1st, also gave out Microsoft software -- Microsoft Windows XP Professional -- with the same intimidating message on the front. As soon as I was handed the CD, I saw the notice and asked the lady who gave it to me about a license. She said that in a few days we will be mailed a license plus extra software -- we even filled out little registration cards at the event supposedly for this purpose.

    My whole team has decided to wait until then, but we've still not received anything from them. Our shiny Windows XP is still gathering dust with no license.

  104. I have a copy of Rallisport that I thought was odd by sllim · · Score: 1

    I bought Rallisport Challenge a few weeks ago and when I pulled the 3 CD's out of the cardboard sleeves the 3rd disc was scratched.
    FWIW I bought it from buy.com and it was a new copy.

    So I called Microsoft. They asked for the CD Set number and I gave it to them. They then mailed me out a new set of CD's. They arrived in less then a week.

    On a side note, did this keep me from playing?
    Hell no. I had been playing the game for 2 weeks before buying it anyways. I bought it because it was a good game without any major hiccups on my system. It passed my quality test so I spent money on it.

    Anyways, the CD's arrived and they are all good to go and everything. But there is something interesting I took notice of.
    First off the CD's come in a plastic sleeve with no license to speak of. They have written on the CD's themselves (white backrgound with black letters I think, they cannot be mistaken for the CD's I got from Buy.Com) 'Unlicensed Software. Illegal without License. Do Not Copy'. of course this isn't the same thing as this article, I had the license from the copy I bought.

    But the other weird thing, the thing I am writing this reply about is this. Disks 2 and 3 were both normal silver pressed CD's.
    Disc 1 has a green tint to it. It looks an awful lot like a CDR type disk. Almost like Microsoft doesn't pre-prints disks 2 and 3 but writes disk 1 as it needs.

    Anyone have any ideas on what the dealio is with this?
    Call me paranoid, but I came up with one idea.
    What if Micro$oft puts some sort of ID number on those disks. I image it and post it and they find it on the newsgroups and know it was me?

  105. Re:Watch Out by aoteoroa · · Score: 2, Insightful

    I wouldn't put that kind of sneaky, technically legal kind of behavior past Microsoft. After all the attacked elementary schools in Oregon why not university students.

    However I really doubt this is a trap. Dot Net is a hurting piece of technology that offers very little advantage to anyone except people who are already tied into a microsoft solution.

    Most articles that I have read have suggested that companies take a "wait and see" approach before adopting dot net. Of course if every body listened to this advice then few would adopt the new frameworks and the whole thing can fizzle worse than the XBox. I think that Microsoft is going to follow their old strategy of giving to away for cheap, until people depend on it then crank up the price.

  106. No License, no restriction on Use by Rashkae · · Score: 1

    AINL, If Microsoft is giving away these discs without making you agree to any kind of license (purchase contract), you can do just about anything you want to with them, including commerical use. I doubt the note on the top that about use of software is illegal is really applicable. After all, without a license, MS's only legal protection is copyright.

    MS seems to be taking the opposite stance, that without a license, the person who was given the software can't do anything MS doesn't want them to do. I would love to hear on what legal basis or precedent that belief comes from!

  107. Ahh, classic... by pod · · Score: 1

    A classic case of 'do as we say, not as we do.'

    --
    "Hot lesbian witches! It's fucking genius!"
  108. How software licenseing works by DragonHawk · · Score: 1

    "How then can they sue people for pirating software, if it's only the unlicensed USE of that software that is illegal?"

    Unlicensed distribution is illegal, too.

    Any software is a copyrighted work. As such, you need the permission of the copyright holder before you can distribute (make copies) of it. Software pirates lack such permission, and thus are liable for copyright infringement -- a serious crime today, thanks to the large corporations which own so many valuable copyrights.

    Microsoft does not sell copies of their software. They sell licenses. They retain full ownership of the copyrighted work. They sell you a license to use said copyrighted work. You only own the license (which can be terminated), not the software itself.

    --

    dragonhawk@iname.microsoft.com
    I do not like Microsoft. Remove them from my email address.
    1. Re:How software licenseing works by isorox · · Score: 1

      Any software is a copyrighted work.

      err, what about public domain?

      The confusion stems from the word "pirate". People invisige someone with a patch over their eye stealing a crate of CD's from a ship. If you use copyright infringer, its clear what you mean. You could also use License infringer - however I dont have to accept the license. I can buy a copy of windows, and refuse to accept the license (dont break the shrinkwrap). I can still keep the copy of the program though, or I can give it away, or even sell it. The only law I'm limited by is copyright law, which states I cant make a copy of the program.

      Now I cant install the software because I would have to agree to the license (by opening the shrinkwrap, by clicking "I agree", etc), however I still own that copy.

      Likewise, you can buy GPL software on a CD and completely ignore the license. You can probably even install it (have to check copyright law for that), however you are still restricted by copyright (no copying the program).

      Microsoft does not sell copies of their software. They sell licenses.

      Copyright is there to ensure that the only person allowed to make a copy is the copyright holder, or someone with explicit permission from the copyright holder. I buy a CD, the songs on it are copyrighted to EMI, for example. I can play the CD, sell it, or burn it. The only thing I cant do is copy it without EMI's permission (there are a few exclusions - e.g. academic use is one)

      Microsoft sell me a copy of their software. They dont "sell" me a license to use it. If I want to use the software, I have to agree to a license (it probably says if you break this seal you agree to the license). If I dont agree to the license, my rights aren't infringed - I can sell the program, burn it, etc. I cant make a copy of it, except in a few cases that are outlined in law.

      If I buy one copy, I cant make a copy of it without permission from the copyright holder. That permission is given to me in exchange for money, in the form of a license.

      AFAIK IANAL. YMMV,RTFM.

    2. Re:How software licenseing works by Gregg+M · · Score: 1
      Unlicensed distribution is illegal, too.

      Do you need a license to sell or distribute a book? Do you need record company permission to sell a bunch of old CD's you have. Surely they are copyrighted works. I didn't burn copies and try to sell them, they are not fakes. Then why would I need a license to sell them?

      Software pirates lack such permission,

      So your saying I need a license to sell now? People sell OEM software all the time regardless of what Microsoft says. Microsoft, of course, calls them pirates.

      Microsoft does not sell copies of their software. They sell licenses.

      Thats what they say. Copyright law says otherwise. Microsoft sells copies of their software. You can buy it in any Staples or Kmart. After you buy it you are under no obligation to LICENSE it. You can use it. Sell it. Give it to your uncle if you want. You OWN IT!

      --
      Linux is only free if your time has no value. Windows is only free if you threaten to use Linux.
  109. False alarm. I went to one of these... by sheetsda · · Score: 4, Informative

    sometime in early March last year. I had the same concern and I didn't install any of the stuff I got until some time later I read on MS's site that the software was licensed. They also gave out Visual Studio .NET Academic t-shirts, a free full copy of WinXP Pro (using it on my gaming machine), some mints in a strange tin that you have to press on the top to open and squeeze the sides to lock (mmmm... mints), a Visual Studio .NET pen and I can't remember what else. In short, this story is a false alarm, MS does a lot of evil stuff, but this isn't a case of it.

    Wow, I never thought I'd be defending MS, especially on /.

  110. No license == no copying by autopr0n · · Score: 1

    Without a spesific license, the software would revert to standard fair use. You can copy the software for yourself and your family as much as you want, but can't distribute it en masse.

    --
    autopr0n is like, down and stuff.
    1. Re:No license == no copying by Anonymous Coward · · Score: 0

      actually copy copyrighted software is illegal period. use does not matter. copyrighted means no copy no matter what.

    2. Re:No license == no copying by Newander · · Score: 2, Informative

      Not true, it is perfectly legal to make back-up copies so that you don't damage the original media.

      --

      Jesus saves and takes half damage.

    3. Re:No license == no copying by Anonymous Coward · · Score: 0

      hmm, I guess I don't see how making backup copies will keep the original media from damage :P

    4. Re:No license == no copying by lgftsa · · Score: 2, Insightful
      Not true, it is perfectly legal to make back-up copies so that you don't damage the original media.


      Not in Australia, it isn't.

    5. Re:No license == no copying by AnotherBrian · · Score: 1

      You use the backups and put the originels in a safe.

    6. Re:No license == no copying by Anonymous Coward · · Score: 0

      But we're only concerned with countries that matter.

    7. Re:No license == no copying by resiak · · Score: 1

      Actually, there is no word "copyrighted." There is no verb "to copyright." If you made it, you have copyright. And, if the copyright owner grants permission for his/her software (in this case) to be copied, you may copy it. So, "copyrighted" doesn't mean "no copy," or, in fact, anything at all.

    8. Re:No license == no copying by Anonymous Coward · · Score: 0

      You might want to think before you post the next time. According to dictionary.com (which is quoting The American Heritage Dictionary of the English Language) the word does exist. See for you yourself

    9. Re:No license == no copying by Quelain · · Score: 1

      Got a reference for that?

      AFAICT, making copies for back-up, bugfixing or security testing is still excepted in the Australian copyright law.

      --
      Cthulhu loves you.
    10. Re:No license == no copying by lgftsa · · Score: 1

      AFAICT, making copies for back-up, bugfixing or security testing is still excepted in the Australian copyright law.

      Sorry, when I waded my way through the Copyright Act 1968(ugh!), I kind of mixed things up in my mind.

      So, YES, archival copies of a computer program(extremely specific, a WAV file is NOT a program), is allowed under Section 47C.(1)

      It's the archival of sound recordings which is limited to (mainly) the National Archives.

      Interestingly, both the 1968 act(Broadcast Decoding Devices)) and 1988 act(Digital Rights Management) have provisions making copy protection circumvention devices illegal to make, sell, import, advertise or supply, unless used for the purposes you describe above.(2) You can still USE them legally, however. Doing something illegal with the decoded media is still illegal, though.

      Ref: (1) COPYRIGHT ACT 1968
      (2) Short Summary of Changes to the Copyright Act - See second point in What else is changing?

    11. Re:No license == no copying by Quelain · · Score: 1

      Thanks, I would have been surprised if they had made software backups illegal.

      It seems that those writing the copyright laws are concerned only about what businesses want, so we get reasonable rights for corporations, who are mostly users of software, not producers. OTOH, millions of MP3 users get shafted by ARIA and co.

      --
      Cthulhu loves you.
  111. bah by nomadic · · Score: 4, Insightful

    Microsoft isn't at fault here. Good grief, all everyone here does is complain about Microsoft's draconian licensing system, then when they try and give something away they get jumped all over.

    I mean, geeze. In that e-mail exchange the story linked to, one participant wasn't making sense, and it certainly wasn't Microsoft. 'Here, have this software' 'There's no license' 'Well you can use it for non-commercial use' 'Just this software?'. That last one kills me; he knows perfectly well that 'for that single piece of software we gave you you don't need a license' doesn't imply in any way that he doesn't need a license for ANY Microsoft software ever again. Don't try to make it sound like MS is being all contradictory.

    1. Re:bah by Jimithing+DMB · · Score: 1

      Insightful? My ass.

      It clearly shows that Microsoft's employees aren't even aware of what licensing software means. If that's the case, how is anyone else supposed to know?

      In case you aren't aware, the guy is completely right. You are /not/ allowed to use software without a license. Bill Gates himself fought to make sure copyrights and licenses were enforced. He made his bed, so now he can sleep in it!

      So, the same company that enforced software licensing now releases a disc without a license. The guy is right, that means he has absolutely NO legal right to use it or do anything with it whatsoever. Those were the laws that Microsoft had a hand in creating.

      So he called up Microsoft and asked them for the license. Instead of being trained to give someone an appropraite license the employee actually said that software without a license can be used for non-commercial purposes.

      No one is to blame here except Microsoft for creating stupid laws to suit there purpose that are so screwed up apparently they can't train their own employees on them.

    2. Re:bah by nomadic · · Score: 1

      A written license was given via email. You can use this for non-commercial uses. End of story.

    3. Re:bah by Jimithing+DMB · · Score: 1

      So then giving his friends copies of that software would be okay since that's hardly commercial use, right?

      Assuming you do take "you may use it for any non-commercial purpose" as the written license, that's hardly a license in typical Microsoft fashion.

    4. Re:bah by nomadic · · Score: 1

      No, that goes beyond the limit of non-commercial use. I could beat someone over the head with the box, that's not non-commercial use (even though I'm not making money by doing it). It's common sense. He knew exactly what that would entail, he's just trying to make it sound like MS is being all contradictory.

    5. Re:bah by Jimithing+DMB · · Score: 1

      You aren't making any sense.

      Beating someone over the head with the box is commercial use?

      Last I looked, non-commercial use referred to not using it in a commercial setting (i.e. in a company).

      This "common sense" argument doesn't work. Software licensing in and of itself is not common sense. MS is being contradictory here. Sure, the guy led him on (bravo) but that doesn't mean they aren't being contradictory.

  112. It's not free as in freedom (No text) by Anonymous Coward · · Score: 0

    NT

  113. Yes, it WAS free as in BEER. by Anonymous Coward · · Score: 0

    That's an important point, even if you don't seem to think so.

    I'm not defending this particular guy, but free as in beer is an important distinction that you fail to appreciate. You suggest that making a distinction etween freedom of beer and freedom of speech is something only jerks do.

    Please don't do that. This particular guy does not represent the majority of free software enthusiasts.

    1. Re:Yes, it WAS free as in BEER. by Anonymous Coward · · Score: 0

      Trust me, I would not consider this guy to be respresentative of free software enthusiasts. It just points out how big an ass he is when he gets his "Free as in beer" setup (as opposed to the "Free as in speech" type) and yet still whines.

  114. how could you miss the other fuckup? by Anonymous Coward · · Score: 0
    Man stops MS from giving away there software.

    their

    If you're going to pick nits, don't hold back at just one.

    Any other grammar Nazi's to comment?

    1. Re:how could you miss the other fuckup? by TeknoHog · · Score: 1
      > Any other grammar Nazi's to comment?

      The plural of Nazi is Nazis. No apostrophes there. ;-)

      --
      Escher was the first MC and Giger invented the HR department.
  115. Dont punch the gift horse in the mouth by nurb432 · · Score: 1

    Hey, they gave it to you and you verified.. Dont push it, or they will take it away from everyone.

    Besides its their software, they CAN change the rules and give it away.. Dont bitch, its free, geeze.

    --
    ---- Booth was a patriot ----
    1. Re:Dont punch the gift horse in the mouth by Cheeze · · Score: 1

      it's all fun and games until they come busting down your door and demand to see licensing information for the cd's in question. when you can't produce them, they hit you up with the lawsuit.

      --
      Why read the article when I can just make up a snap judgement?
  116. Civility, please? by Chymaera · · Score: 5, Interesting

    Although it was wise for the submitter to check whether he was on solid legal grounds, it seems most uncivil of him to bring all this attention to the employee over such a relatively minor matter as this. Sasha seemed to be handling the problem with all expediency, and I imagine the issue would have been resolved had submitter merely waited and continued to correspond with him. Now tens of thousands of people know about this and Sasha risks getting in trouble with his superiors.

    Submitting the site to slashdot was unjustified in light of how the problem was being handled, and it was a breach of trust on the part of the submitter.

  117. that's damn right you are not a lawyer by bani · · Score: 1

    and it's sure as hell not illegal.

    and btw -- you can definitely tape-record a conversation as long as ONE of the parties involved gives their consent... this means the recipient of a call may record the conversation despite the objections of the caller. (otherwise, answering machines would be illegal... duh!)

    quit making up your own laws.

    1. Re:that's damn right you are not a lawyer by GreyyGuy · · Score: 1

      You are obviously not a lawyer either. Depending on the state, both parties in a conversation must give permission for a conversation to be recorded, some only require one to give consent. If you are stupid enough to talk to an answering machine yet not give consent to have your conversation recorded, then the court will laugh at you if you contest it.

      The email you create is copywritten. That is where the illegal nature of reposting it is. Someone else is reproducing your copywritten work.

    2. Re:that's damn right you are not a lawyer by Coward,+Anonymous · · Score: 1

      you can definitely tape-record a conversation as long as ONE of the parties involved gives their consent

      In the USA this varies from state to state. This page offers a state by state summary of wiretap laws.

      otherwise, answering machines would be illegal

      Answering machines are legal in all states because the person being recorded knows that they are being recorded. You can legally record a phone call with someone in any state as long as you tell them that it is being recorded, but if you record it without their knowledge then the legality depends on which state you are in.

      duh!

      If you're going to say that, at least know what you're talking about first.

    3. Re:that's damn right you are not a lawyer by bani · · Score: 1

      reproducing the email in its entirety may be infringing on copyright, but excerpts are fair use.

    4. Re:that's damn right you are not a lawyer by SuperBanana · · Score: 1
      and it's sure as hell not illegal. [forwarding/copying/publishing email]

      Actually, it is- as one poster said "what, do you copyright everything you write?" The answer is no- as an anonymous poster pointed out, I don't have to- the Berne Convention does it for me. That makes it 100% illegal for you to reproduce, modify, etc- in any means(including electronic) the document, except under fair use. Obviously storage of the email doesn't apply- it's commonly understood by the sender that the email has to be stored at several points along the journey. Same thing for mailing lists- people know mailing lists are archived, and that they go to zillions of people.

      and btw -- you can definitely tape-record a conversation as long as ONE of the parties involved gives their consent

      Good point- I had it wrong, it's the berne convention, not wiretapping/taping laws. HOWEVER- your statement is wrong as well, it varies GREATLY state to state. In CA, it is completely illegal to tape any conversation, phone or otherwise, unless all parties are aware of the recording; this was reinforced in a 2002 CA supreme court ruling.

      If it's interstate, you fall under federal laws as well(one party). I found a great page here that seems to be written by/for PI's; these guys have a LOT at stake(they can loose their licenses, and since most of what they record could end up in court, they could end up in jail, too), and several note that the 'strictest' rule applies in an interstate call- ie, state A, state B, or federal- whatever's strictest. Ie, if state XY has a all-parties law, but you call from YZ, XY can still go after you.

      (otherwise, answering machines would be illegal... duh!)

      Eh? Most people capable of dialing telephones realize you're being recorded when you leave a message on an answering machine. If you were to then sell that message to the local TV station, well, I dunno about that- it could probably still be argued that you has a reasonable expectation that the communication was private- ie, only would be heard by members of the household.

  118. hmmmmm by the_2nd_coming · · Score: 1

    was it wise foir him to keep her contact info on there?

    --



    I am the Alpha and the Omega-3
  119. retard by Anonymous Coward · · Score: 0

    what a f**king retard. Why did he make a stupid webapge of all of this stupid ass non-sense.

    The simple meaning of it all, microsoft gave out free software to it's users for going to the tour. Those cd's were probably made to waste cd and burn time... or maybe they were made from some silly reason I DUNNO ?!?. retard. retard. retard. f**k what it says on the cd. Breaking the law? no, your breaking the EULA. And if microsoft says i don't care(by handing our the software), then you don't care either. Retard. retard.retard. If someone is this stupid, im going to call the cops on him and tell them he has illegal software. And watch them laugh at the guy for being a moron. sigh i don't even want to write anything because this person that is posting the emails obviously has a low iq or no common sense. needs to get a life.

  120. MOD PARENT INFORMATIVE by Anonymous Coward · · Score: 0

    Yup, this is indeed the case. Nothing to get worked up about, as much fun as it might be.

  121. Anyone notice... by terradyn · · Score: 4, Funny

    Sasha's last response went like this:

    Hi Lance
    I am going to forward your request to my managers. Please stay tuned, I will get back at you ASAP.

    Sounds like he's gonna sic the ms lawyers on you for messing with him. =)

  122. the .Net Framework SDK is free by BurKaZoiD · · Score: 1

    If you want .Net so bad, the .Net Framework SDK is free. Go download it @ http://msdn.microsoft.com/library/default.asp?url= /downloads/list/netdevframework.asp. If you needs docs, the .Net Framework SDK Documentation is online and free as well. Command line compiling has it's adavantages; ask any *nix person. Plus, VS.Net (the SDK) is way slow, IMHO. Too much of it is interpreted.

  123. Fraudulent Accounting Implications by siferhex · · Score: 2, Interesting

    If MS is writing of the $109 for every copy of this software they give away, but are not in fact giving away the part of the software (license) that's worth the $109, wouldn't that be fraud?

  124. Drugs and software by Quill_28 · · Score: 2, Insightful

    Yes, software is like drugs.
    You give it away or sell it very cheap, until your enough customers are hooked.
    Then you raise prices.

    Remember piracy is the best thing that has ever happened to Microsoft.

    1. Re:Drugs and software by BlindSpot · · Score: 1

      Homer: Oh, so that's your little plan! Get us addicted then jack up the price! [pause] Well, you win.

  125. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  126. my story by Chalex · · Score: 1

    I attended the Visual Studio .NET launch about a year ago in NYC. They gave me a copy of Windows XP and a stack of VS.NET Academic Edition CDs, along with a single piece of paper with lots of small print legalese on it.

    I immediately installed VS.NET on my machine and played with it for a while, but a hard drive crash a few weeks later forced me to reinstall everything. When i installed VS.NET again (all 4.5GB of it!), it made me call MS to re-activate the software. The MS dude on the other end of the line called over his manager, who gave me his fax # and said i need to fax him the license for the software. By that time, i had no idea where the little sheet with all the small print on it went...

    So that's why i use gcc now.

  127. i just thought of sumthing! by Anonymous Coward · · Score: 0

    Take a camera picture of the data side of CD.

    Post it on the net.

    ???

    Sued BY microsoft!

  128. consistency and fair advertising by Anonymous Coward · · Score: 1, Interesting
    There's a concept in law that says for copyright/trademark to be enforcible, the company holding the copyright or trademark has to actively defend it and advertise the policies to the public. Say I'm a publisher of a PC game and I offer the complete game for free on my company website I am advertising the game is free. Say customer A goes to the store and has never of my company until they see the cool packaging and buys it. Customer A goes home and installs the game. After a couple days, the individual loves and wants to install it on second system at home. The person goes to the website and sees the free download.

    Customer A naively interprets this as "it's ok to install another copy on the second system." The person already has a CD and doesn't want to spend 8 hours downloading the game. The game is installed on the second computer and off they go.

    the question now is "did the customer violate the copyright?" Well that's not a clear picture. For a copyright to be enforcible, it is up to the company to make sure it has uniform licensing, which is truthful and not deceptive. Would an average user consider this case "confusing" with "mixed messages"? Hell yes. The only way a company can make sure their copyright and licensing is air-tight is to include explicit exemptions that cover online versions. If the game license states something like, "this game can only be installed on one system. installation of the free version must be downloaded from the website and this license is not transferrable to free versions." then they are covered. Having no license doesn't necessarily constitute a "inconsistency" or "un-truthful advertising", but it definitely blurs the lines and creates confusion.

  129. cough* get a life by Anonymous Coward · · Score: 0

    has anyone read the emails between them on the link? all i can say is get a life - and i just did so there ya go.

  130. They'll have the BSA issue the license by croftj · · Score: 1

    At $150,000.00 per copy, they probably figure it make more sense to let the BSA resolve any licensing issues with the software.

    --
    -- Many men would appreciate a woman's mind more if they could fondle it
  131. Bullshit by Anonymous Coward · · Score: 0

    They gave you a copy of the software. It doesn't matter what the front of the CD says, that copy is yours. Use it however you want.

  132. Oh please... by Zed2K · · Score: 1

    Why does this sound like some little stuck up college kid who thinks they know it all trying to make some point and get back at Microsoft because they are the "big and bad corporation".

    Making a point is all fine and dandy but being an ass about it is not. And what exactly is this kids point besides being an annoying kid and nagging a microsoft rep?

  133. HAHAHA That's Hilarious... by miketang16 · · Score: 1

    GG Microsoft... totally ignore your own EULA's and other such documents!!

    --
    -------
    "In times of universal deceit, telling the truth becomes a revolutionary act."
    -- George Orwell
  134. Shoulda signed an Annex? by mrkurt · · Score: 1

    Almost two years ago, when I graduated from school with an IT degree, I purchased the laptop I used for classes and got a license and media for Windows NT and Microsoft Office. I believe I also got a license for Win 98 and Visual Studio 6 (with no media, but it was installed on the laptop). I signed a release/annex stating that I received all of these, and I believe that they were to be used for learning purposes only. So maybe this is the license issue done the right way. Like a lot of the campers who posted on this topic, I am leary of MS just giving people the software and not having them sign an annex or release, just to cover everyone's bases. BTW, I do use the Office SW, I had to buy a copy of VS for my own use, and the NT CDs are on the verge of becoming coasters, as I have Win 2k on my Windoze machines, including the laptop.

    --
    Always look on the briight side of life! (whistle, whistle)
  135. Baruch College by Mr]-[at · · Score: 1
    Attended VS .NET thing at our college on Thursday.

    Here's what hosting CIS Society's president post today (scroll down) on society's web forum:

    "Microsoft has also issued the CISS rights to duplicate and hand out almost everything that Microsoft makes to students. You will hear more about this in the very near future. THIS INCLUDES ALL OPERATING SYSTEMS SUCH AS WINDOWS 2003 WHEN IT IS RELEASED!"

  136. No it's not by jesterzog · · Score: 2, Insightful

    Unless I specify otherwise, any communication I send you is intended for you, and you only. If you forward it to someone else, or, say, post it online for all to read, I can sue you. It's quite similar to how you may not tape-record a conversation without my permission.

    That sounds absolutely incorrect. Have you ever heard of investigative journalism?

    I don't know what the exact state of the law is in the US, but certainly where I am (New Zealand) it's fully legal to record and/or disclose a private conversation as long as at least one of the participants is aware that it's happening. The exception is if there's a legally binding agreement between the parties that restricts disclosure.

    Having said that, I agree that it's not very polite to disclose the name of the Microsoft employee on these emails. There's no need in this case except to embarass someone who probably doesn't deserve to be embarassed.

  137. I'm guessing... by Anonymous Coward · · Score: 0

    that you're a fag.

  138. Mod parent up by Anonymous Coward · · Score: 0

    Mod up the parent post. Valid point overlooked by the story poster and everyone else.

  139. One for the author of this article... by aquarian · · Score: 1

    ...Kazaa!

  140. In other news by Billly+Gates · · Score: 2, Funny

    RMS was caught pirating his own GNU software at a tradeshow.

    1. Re:In other news by verbatim · · Score: 1

      And in other, other news, GCC will no longer generate binaries because it's only purpose is to translate perfectly good source code into binary formats. Since binaries are not in the spirit of free software, GCC is the epitome of all things that plague the free software movement. Thus, only interpreted languages (where the source must be present for execution to happen) are allowed henceforth. ;)

      --
      Price, Quality, Time. Pick none. What, you thought you had a choice?
  141. WTF?? by wideBlueSkies · · Score: 1

    Hey listen, if you're really worried about the licensing, feel free to send the CD's my way.

    If someone from MS is giving me 8 CD's full of software & telling me that I can use it for free, I'm going to keep my big mouth shut except to say thank you. Why bother questioning the freaking license. If there was a problem, believe me, MS would not be handing out discs.

    Non-commercial use is OK by me. So I can learn .net stuff for free. Cool.

    --
    Huh?
    1. Re:WTF?? by Anonymous Coward · · Score: 0

      How did you find that? It's freaking awesome!!

      BTW, how the fuck does a student get a 2 page resume? If I was scanning resumes to fill a spot and saw that bloat, I'd toss it in the trash.

      Too much experience on a student resume is very very bad.

      Hell, I've been in the bus for 8 years, and I still manage to keep my res to 1 page.

      Brief highlights are the answer Lance.

    2. Re:WTF?? by Darby · · Score: 2, Interesting

      If someone from MS is giving me 8 CD's full of software & telling me that I can use it for free, I'm going to keep my big mouth shut except to say thank you. Why bother questioning the freaking license. If there was a problem, believe me, MS would not be handing out discs.

      There isn't a problem now, but what if, for whatever reason, they decided they didn't like you found their software on your computer asked for your license which you couldn't produce?
      You would be screwed.
      Is this likely? I very seriously doubt it.
      Is it possible? Yes.

      Another possibility. MS denies that the rep had the authority to do such a thing. You are guilty of accepting stolen (pirated?) goods.
      I assume this was actually a MS sponsored thing, so this scenario is even less likely than the previous one, but again possible.
      That is the issue here.

      Is it worth being worried about? Most likely not, but the legal system seems to run largely on these tiny nit pics.

    3. Re:WTF?? by Anonymous Coward · · Score: 0

      Ha! You like that? eax.com brotha.

  142. Clack? Like Click and Clack of Car Talk? by Anonymous Coward · · Score: 0

    I think you mean "tsk, tsk, tsk".

  143. Why bother the guy? by litewoheat · · Score: 1

    Its not like he'll be able to do anything for you and he wasn't involved in making the decision about how the software was distributed. Why make his job hard? How would you like it if he did the same to you? This kind of venting and frustrion just make things harder for the rest of us. Get a life dude...

  144. I'm glad someone is calling M$ to task for this. by DCowern · · Score: 1

    Several years ago, a MS representative came to address the ACM chapter at my university. At the end of his presentation he raffled off a few copies of MS Visual Studio -- full, retail versions, no academic or "non-commercial" license. Afterwards, a few kids looked kinda disappointed they didn't win anything. The rep then pulled aside the kids who won and said "Please make sure that these CDs reproduce. No one at Microsoft is going to care." -- direct quote.

    He then went on to explain that the whole point of the workshop was to "hook" college kids on MS software so when we go off to work or start our own businesses, we're Microsoft fanboys. I'm really glad someone is finally holding Microsoft to their own standards.

  145. Exactly by serutan · · Score: 1

    If he doesn't want free software given to him at a free seminar, he should just throw it in the dumpster and quit wasting other people's time.

  146. Works on contingency? by Anonymous Coward · · Score: 0

    No! Money down!

  147. Oh yeah. by Sj0 · · Score: 2, Insightful

    There's another phrase for when a company pirates it's own software.

    It's called "legitimate and legal use".
    oops.

    --
    It's been a long time.
  148. Windows XP Pro by Anonymous Coward · · Score: 0

    If you go to the Instructor's sessions, they are giving away XP Pro (with the same license) and a great c# text.

  149. Help protect IP by unoengborg · · Score: 1

    Anybody got the number for the Redmond department of BSA?

    --
    God is REAL! Unless explicitly declared INTEGER
  150. Common Sense by seangw · · Score: 1

    MS is just trying to provide this software to students so they can use it, try it, recommend it, ... for free.

    Can't we take a good gesture as a good gesture (not that I don't think MS has an alterior motive other than "distribute their software")?

    The guy (Sasha) didn't do anything wrong. He shouldn't have to be held under this much of a microscope for what he had said in emails.

  151. How are these illegal without a license? by Anonymous Coward · · Score: 0

    Please quote what statute makes the use of these CD's, sans license, illegal. Because it says so on the front of the CD?

    The battle over the legality of software licensing seems already lost, since everyone here just assumes you REQUIRE a license to use software. How is this any different from software that includes a license that is more or less ignored now anyway?

  152. Re:Attendees were students -- MSDNAA is their lice by gsfprez · · Score: 1

    and so, when this person leaves college in 3 months - and brings that computer from school back home.. or worse, takes it with him to his first post-college job....

    and during a BSA sweep...

    you get the picture.

    fscking Microsoft cannot break the rules any more than anyone else. The marketroid knob that gave out these disks is flat-out no-way around it gawddamned pirate, and the BSA should be contacted about this guy's ass and have him ass raped by them and sent to pound-me-in-the-ass prison like all the other pirates (argh) that redistribute software without proper licenses.

    Replace "asshole from Microsoft" with "asshole from the Sigma Chi house" - and it doesn't change a damn thing.. its illegal in both cases.

    and if you think i sound pissed - think about how pissed Microsoft would get if someone did this with their software that didn't work for them?

    If they play hardball and asshole - then WE need to do it to.. to keep everyone honest.

    --
    guns kill people like spoons make Rosie O'Donnell fat.
  153. Same Deal in Edmonton by sunryder · · Score: 1

    I went to the same event in Edmonton AB and noticed the same thing with the CDs they handed out there.

    On a completely different note, they sure didn't make it easy to use the software. Before you could even begin installing anything off the CD you had to download and install updates from the MS site. Then you had to install reboot and configure a Remote Debugging software package simply to allow for another piece of software to install correctly. Once that other piece was installed (I can't even remember what it was off hand), you had to reconfigure and then uninstall the remote debugging toolkit. Then you could actually begin by inserting CD#1. 8 CDs (and I can't even count how many reboots) later VS.NET was finally up-and-running.

    Now it's just a matter of configuring it and figuring out how the whole thing works...

  154. Hilarious by obtuse · · Score: 1

    It's too much trouble for MS to keep track of their own licenses. If it's too much trouble for them, why should we bother?

    This is habitually distributing unlicensed software. It specifically says it's unlicensed, and the reps are too lazy to provide real licenses. The college Dean's response was right.

    Keeping track of licenses is a huge pain. In a large company that has acquired other companies, it becomes nearly impossible. Nonetheless, we're acccountable to the BSA for everything without exception. It's too much trouble for MS to bother paying any attention to licenses though.

    This is laziness bordering on incompetence. I don't know why I'm surprised.

    --
    Assembly is the reverse of disassembly.
  155. MOD PARENT UP by Anonymous Coward · · Score: 0

    Mod parent up. The 1st paragraph explains precisely what the issue is. Copyright permissions are NOT EULAs.

  156. You people are FUCKING STUPID by ROBOKATZ · · Score: 1

    I have plenty of Microsoft CD's like this. It's to keep people from reselling the CDs (e.g. on ebay). How can they pirate their own software, they have the copyright and can do whatever they want. I swear to god you people need to get a (another) hobby.

  157. In Australia... by fireman+sam · · Score: 1

    It is illegal for a company to give something for free and then request payment after the fact. Is is the same in the Axis of evil ^H^H^H^H^H^H^H USA?

    --
    it is only after a long journey that you know the strength of the horse.
  158. Microsoft does this a lot by darkmyst · · Score: 1

    I had a friend who was an intern with microsoft and got TONS of free software to give out. He had literally boxes and boxes of Windows XP and various other pieces of software to give out at talks he would hold at the university in his capacity as intern. Not all, but most of the software he had was exactly like this. easily a half dozen software titles from microsoft without a license and carryin g a sticker on the sleeve saying it was illegal to use without a license.

  159. I got it too. by SmittyTheBold · · Score: 1

    The software I received was Visual Studio .NET Academic (Which, as I understand, is Pro with extra student tools and a different license.) and a copy of WinXP Pro.

    The VS.net came packed in with a license, but the Windows XP CD had the above-mentioned disclaimer. I assumed that the "separate license" they mention is the license that comes with the Visual Studio package - it covers both pieces of software.

    Either way, I'm not too worried. I'm a single end-user, with a legit key and legit CD. Sure, I may not have a specific piece of paper attesting to the legality of my Windows, but I still have far more than many people...

    --
    ± 29 dB
  160. Download the license by surgeonsmate · · Score: 1

    Seems like a molehill of beans to me. The license is contained on the CD - you can print it out if you want. By installing the software you agree to the license terms. And multiple use is not OK, for the simple reason that you need to register the product with Microsoft in order to be able to use it. Consider the eval software you can download from Microsoft's website - you don't get anything physical, just a bunch of files on your hard disk.

  161. i demand by jago25_98 · · Score: 1

    they be jailed

  162. Maybe It's A Volume License Distribution? by Anonymous Coward · · Score: 0

    Sounds like a standard volume license distribution to me. I would guess that the software is "volume licensed" to MSDNAA. Think of it as a "Not For Resale" copy that you can use to develop software for academic purposes only, not for commercial and/or profit. Also, back in the day when Microsoft used to send you "backup copies" of CDs when requested, they'd send those with the words "NOT FOR RESALE" stamped right across it. (I'm not sure if they do that anymore... since everyone has CDR now).

  163. Churches can also get 'unlicened' software by Arrowmaster · · Score: 1

    When my mom used to work at the local United Methodist church as the secratary we order a copy of Office 2000 Premium from this website called UMCom.org where churches can get software for low price. Since the church didnt have a cc at the time we payed for it ourselfes and they reimburst us the $99 it cost for this MUCH more expensive software.

    Now heres the weird part, its 4 cds that all look like they were burned from the labelless CD-Rs then printed on with one of the good labelers that prints directly to the CD. There is no offical MS license included but the CD case has some interesting info on it.

    Begin CD case text

    ATTENTION: IMPORTANT LICENSE INFORMATION

    Use of the software contained on the enclosed CDs is subject to the terms of the TechShop License Participation Agreement. Do not install this software until you have read this agreement. To view the agreement visit https://secure.umcom.org/techshop/msstore/license. Opening this package signifies that you have read and accept the terms of this agreement.

    (...Installation instructions...)

    (...Instructions for if installation screen doesnt appear...)

    For additional assistance, e-mail:
    support@umcom.org or visit the following sites:
    http://umcom.org/techshop or http://support.microsoft.com

    End CD case text

    This copy of Office 2000 Premium is also the one that generates its own key each time you install. Like i said there were no other paperwork such as the MS sticker with the metal strip in it which is considered the license on most MS products.

    Some may say that the license on the page listed on the case is the license but if that were true everybody could point to that link and say there copy is legal since there is no way to prove thats how you got your copy.

    Since then my mom has quit her job at the church and as compensation for the overtime they never paid her, I still have the CDs =) but then they did end up paying her most of the overtime, but Im still keeping the CDs because of how they treated my mom, almost doubling the duties of her job and making her do things that do not fall under the 'church' sectarys duties, ie typing of personal papers.

  164. Yup, same here. by The+Cydonian · · Score: 1

    ... although we stopped coding after we got the CD's. :-D

    1. Re:Yup, same here. by metlin · · Score: 1

      Hey saw your profile, are you part of the team thats going to Barcelona this time?

    2. Re:Yup, same here. by The+Cydonian · · Score: 1

      Nope, like I said, we stopped coding the moment we got the CD's. Which is to say, we eventually didn't apply to the competition.

      That said, Barcelona is a great city and wish I was there. Next time, perhaps! :-D

    3. Re:Yup, same here. by metlin · · Score: 1

      Well, you don't need to be coding to qualify for the next level after they give you the CDs - you just need to draft up an architecture, right? :-p

      Anyway, I just asked because one of the guys who's going this time, Kapil (the guy in the middle), is a good friend of mine from high-school.

      Oh well!!! Good luck, for the next time.

    4. Re:Yup, same here. by metlin · · Score: 1

      Feels funny to be replying to my own post, but I just wanted to add an odd point abt the .Net contest. I guess Microsoft has different levels for various countries I guess. So probably you ppl had to code after the initial level.

      Because here we were South Zone Runners up, while I think 2 other teams qualified for the All India finals, the winner of which would compete for the Asia-Pac title, and would goto Barcelona.

      When I took part, it was like this - a quizz like session, software architecture and design, presentation, actual coding and decisions.

      Dunno how it is now. I don't think it would be the same everywhere.

  165. This makes perfect sense... by KC7GR · · Score: 4, Insightful

    Think about it.

    Spammers usually define spamming as "That which they do not do."

    Here, we have a case where Microsoft is simply redefining software piracy as "That which we do not do."

    Since Microsoft has also been known to spam, and has tried to weaken anti-spam laws in their favor, it comes as no surprise to me that the left hand has no idea of what the right is doing when it comes to handing out software.

    Spammer logic. Amazing -- and kind of frightening -- how contagious it is.

    --

    Bruce Lane, KC7GR,

    Blue Feather Technologies

  166. Umm, that works by ShortSpecialBus · · Score: 1

    I know a few people have already replied to say this, but I have done this several times myself, when I accidentally scratched a CD to the point where it was unusable (cats batted it around the room or something.)

    If you call the company, or email, and promise to provide proof (as in sending the original CD back to them) they will often send you a new CD for free. I have done this with EA Games, and Microsoft. Probably a few others as well.
    I had one company that refused to replace it, stating that there was no way for them to verify that i was sending back the original disc (umm, yeah, right), but for the most part, companies will let you do that either for free, charging for shipping, or a small fee for the media (a $10 media fee, as one of the other repliers put it). You usually don't even have to come up with a receipt, if you have the original media around to send back to them. However, if it's a copy protected game, and you lost it, then I wouldn't count on them sending you a new CD. If you scratched it badly and can send it back, yeah, but otherwise they'll often assume you want a free legitimate CD.

    --
    //FIXME: Bad .sig
    1. Re:Umm, that works by zurab · · Score: 1

      I had one company that refused to replace it, stating that there was no way for them to verify that i was sending back the original disc (umm, yeah, right), but for the most part, companies will let you do that either for free, charging for shipping, or a small fee for the media (a $10 media fee, as one of the other repliers put it). You usually don't even have to come up with a receipt, if you have the original media around to send back to them. However, if it's a copy protected game, and you lost it, then I wouldn't count on them sending you a new CD. If you scratched it badly and can send it back, yeah, but otherwise they'll often assume you want a free legitimate CD.

      Well, this is actually my point. Not that some companies are good, and others are not as good. What is their responsibility legally? Are they licensing and leasing me content? Then they should be legally liable to providing access to that content even if some medium I possess gets damaged, stolen, lost, etc. (plus media fee). Try this logic also on music CDs and DVD movies, not just software.

  167. Stop being retards by Anonymous Coward · · Score: 0

    This debate is stupid.
    The license is for making commercial software.
    No license = no right to make commercial software with this product (in this case, Visual Studio .NET)
    Thus, it can be used for EDUCATIONAL PURPOSES, but not MONETARY PURPOSES, unless you buy a license to go along with it.

  168. worth the dosh? by Anonymous Coward · · Score: 0

    this program seems worth around $6000

    is it anywear near that proce?

    is it worth the dosh?

    would you use i tto code?

    or maybe just vi or ultraedit?

  169. Boooooooooring by Anonymous Coward · · Score: 0

    You people get so boooooooring sometimes :(

    Fuck M$ and let's write some FREE-as-in-freedom software!

  170. response from someone in the know by atlasheavy · · Score: 1

    Software marked as such described in the article is licensed. The license is the EULA on the installer. I have asked my boss about this in the past due to my concerns on receiving such software. Next, MS employees with a v- at the front of their email alias are contract employees. Nevertheless, they are employees. Referring to them as less than real employees is just demeaning. As someone who expects to have a v- as part of their email address in just a couple of months I don't appreciate being lumped into some group seen as morlocks to the rest of microsoft's eloi. MS employees routinely switch between being contract and full-time to better suit their needs. Don't be rude just because you don't understand how a system works.

    My opinions are just that. They are not the opinions of my employer in any way shape or form. I am not an official spokesperson of my employer. caveat emptor.

    --

    iRooster, the Mac OS X a
  171. You don't need a license by Pofy · · Score: 1

    So, what is the problem? There is nothing that demands you have a license to use something that is copyright protected. You don't need it to read books, you don't need it to listen to music and you don't need it to use software. Sure, the ones MAKING music, software and so on wants you to believe you need it, but there is nothing in copyright laws that says so.

    Sure, when you buy something, it is possible to include some sort of agreement made WHEN you buy it that govern the purchase, but it is not required. That has nothing to do with copyright though but with normal (consumer)sale laws.

  172. Re:Attendees were students -- MSDNAA is their lice by plumby · · Score: 1
    and so, when this person leaves college in 3 months - and brings that computer from school back home.. or worse, takes it with him to his first post-college job....

    But seeing as he was promised the .Net Academic Edition, he wouldn't be allowed to use it for comercial purposes even with the licence.

  173. Um, they own the product? Hello? by Mulletproof · · Score: 1

    Did common sense just leave the building here? They MADE they product, OWN the product and can- *gasp* -distribute to whoever they want to. You can do those sort of things WHEN YOU OWN THE PRODUCT. I realize MS bashing is full contact sport here, but lets all screw our heads back on, shall we?

    This isn't news, it really has nothing to do with nerds and failing all of that, it sure as shit doesn't matter.

    --
    You need a FREE iPod Nano
  174. I also went to one of these events. by rune2 · · Score: 1

    I went to the Toronto MSAA .NET event and found it to be fairly informative. I've met Sasha and as others have said he's a really nice guy. I get the impression that he doesn't work directly for Microsoft (ie. he's not an MS employee) but he's a coordinator/liason between schools and Microsoft. He's part of the MSAA team that arranges events and encourages learning of .NET tech in schools. I received a copy of the "unlicensed software" and it's true, I don't see a license anywhere on the packaging. However I thought that they made it fairly clear at the event that use of the software was for non-commercial development only. As an aside, one of the demos of someone programming a .NET application under Windows and then uploading it to a Linux box and compiling and running it under the Shared Source CLI was pretty damned impressive. Well for Microsoft it was anyways...

  175. Please stop being ignorant... by mattyohe · · Score: 1

    Microsoft loves doing this kindof thing for students. In fact there are MANY colleges that sell microsoft software for 5 dollars .. Office is 10 dollars.. Reason? It just serves as another method of putting their product out in the market. Well this is just the same thing as these cd's.. they are UNLICENSED.. but only until you graduate.. then they send a license.. But its not really a big deal to them since students are getting use out of their products and they see themselves as helping the future generation of developers.

    I can't believe that you guys would now try to look a gift horse in the mouth even though microsoft is being very courteous in helping people become legit for a very small price.

    Stop microsoft bashing and worry about more important things, like getting laid.

    --
    - what is the definition of simultanagnosia?! I've been meaning to look it up!
  176. "Licensing" and Activation by nachoboy · · Score: 1

    I attended one of these events last semester at my school and they did the same basic thing. Everyone (600 or so) who showed up got a goodie bag with a paper pad and pen, poster, and copies of VS.net academic edition (more on this later) and Windows XP Pro.

    The event was *obviously* geared to getting people excited about using Visual Studio.net and to get them to go home and try it out as soon as possible. The closest thing we heard about licensing was that we would "find copies of VS.net and Windows XP in our bags" in exchange for a "promise that they won't end up on eBay."

    Our bags, however, did include a copy of a EULA for Visual Studio. The CD's are a set of 6 cd's: Visual Studio Academic Edition (AE), with plain brownish printing on the front - no hologram. The AE CD's are identical to the Visual Studio Pro product except for the extra "Student Tools" CD which has special learning projects and stuff geared more toward command line programs (since that's where beginning students usually start). The license included was a 4 page AE Eula dated December 2001 (part no. X08-69090) and an accompanying "addendum" dated February 2002 (part no. X08-74675) which spelled out that you could only install on up to 3 computers and that activation was mandatory. One clause states that "There are technological measures in this Product that are designed to prevent unlicensed or illegal use of the Product. You agree that we may use these measures." Basically, I'd say that if you can activate the thing, call that your "license" since these "technological measures" will "prevent unlicensed ... use."

    The copies of Windows XP we got were the standard media fulfillment "Illegal without separate license" hologram copies that you can get if you call up Microsoft and say you lost your CD. For a small fee ($15 - $25) they'll send you a new CD set. The Windows XP CD's included no license, but as we are all aware of, include the nefarious 1-computer only activation checks.

    I couldn't believe that they were giving away the software so freely until I realized that the cd and the software within is of no worth if you can't activate it. I consider the cd key on the back to be the closest thing I have to a license as it is guaranteed to be unique and MS no doubt tracks what key ranges go to what venues.

  177. owner can't make "illegal" copies by Eric+Smith · · Score: 1
    Since Microsoft owns the software they write, it is not possible for them to make illegal copies of it, nor is it possible for them to illegally give you a copy (at least in terms of copyright). And if they do give you a copy, it is legal for you to posess the copy, regardless of what it may claim on the label. Just because they write "illegal without separate license" on the label doesn't make it so -- Microsoft doesn't have the power to write new laws, no matter how much they'd like to think so. [*]

    They can only limit you from doing further copying. [**]

    AFAIK, there is no way they can legally prevent you from lending the disc which they gave you to another party. Copyright law does prohibit renting it out, though.

    Eric

    [*] If Microsoft wants new laws, they get them the same way as anyone else would, by buying Congressmen. Of course, Microsoft can afford to buy more Congressmen than most other companies.

    [**] There is apparently conflicting case law on whether running software from a disc constitutes making a copy (in memory) within the meaning of copyright law.

  178. This is odd by KiahZero · · Score: 1

    My local ACM chapter gave away a few copies of VS.NET in a raffle in one of the first meetings of the year... I was fortunate enough to win a copy. Only two of my disks are labeled "Unlicensed Software: Illegal to use without separate liscense from Microsoft." These are the disks with Microsoft Windows Component Updates on one and Studen Tools on the other. The license that makes them legit would be the license on the VS disks themselves. Maybe the ones this guy recieved were different, though... Mine came in a shrink-wrapped bundle with a few sheets of paper - a printed copy of the EULA.

    --
    I'm a lawyer, but not yours. I wouldn't represent someone who thinks taking legal advice from Slashdot is a good idea.
  179. 'Microsoft pirating own software' - - spin by Anonymous Coward · · Score: 0

    please... the implication the headline of this slashdot article leaves is misleading. clearly it is not possible for microsoft to 'pirate' it's own software; if it wants to give certain copies away it can do so. this reminds me of all the spin the liberals put on the war with their misguided logic.

  180. Occam's Razor by jhylkema · · Score: 1

    -1 Redundant . . . mod away.

    Like any conspiracy theory, it falls apart upon a judicious application of the aforementioned principle. Microsoft, like any big company, (and yes, Microsoft is a BIG company. It's not the nimble corporate machine it leads you to believe it is, but I digress . . . ) is given to mistakes, miscommunications, crossed wires, and other bureaucratic flubs. That's what this probably is. The bean counter forgot to tell the marketroids to tell the PHBs that license keys were supposed to have been given out.

    Geeze, I understand and agree with most of the anti-Microsoft sentiments expressed on /., but this is ridiculous! What good story got rejected because this tripe was published, and on the front page no less?!?

  181. Re:Microsoft is VERY Generous with students... by orthogonal · · Score: 1

    The online version did in fact come with a license (online?) but hey I'm not complaining, this is a few hundred dollars worth of free software.

    Yeah, and I'll bet the first baggie of crack, from the campus dealer, is free too.

    But how much does it cost to break the habit?

  182. It's obvious by Black+Copter+Control · · Score: 0
    1. They give you the disk, and notify you that it's illegal to use without a license.
    2. They wait for you to use the 'key' on the back of the disk.

      ?????

    3. They send the BSA in with SWAT backup to audit you
    4. They threaten to fine you waaaayyy more than the cost of the software
    5. You buy a proper license or two.
    < EMBED SRC="Evil_Laugh.ogg" >
    --
    OS Software is like love: The best way to make it grow is to give it away.
    1. Re:It's obvious by Anonymous Coward · · Score: 0

      Don't Forget
      6. ????
      7. Profit

  183. Re:Watch Out by twofidyKidd · · Score: 1

    "microsoft solution"

    Now there's an oxymoron if I ever heard one.

    --


    Hades, PoD: Official Advocate
  184. Microsoft is moving to shareware! by Sindri · · Score: 1

    And this guy tries to discourage them from doing it. WTF is he doing that?

  185. Re:Not pirated (get your facts correct) by Bob+Zer+Fish · · Score: 1

    I got given on the tour in the UK some cds. The cds were the final beta for visual studio .net 2k3. It doesn't come with serial numbers for obvious reasons. Now, the license with *-this-* is on the cd. In regard to the free copies of Wndows XP Pro and also Visual Studio .NET. These come with 'Do not lend or make illegal copies of this software' on the top. It also has a unique serial number (for the cd) on the top. All the licensing agreements come up when you actually install the software. Since you didn't buy it, you don't need to accept the license to put the cd in your drive or open it. You had to fulfill the requirements to be given the cd. What really pisses me off is that people like me, i.e. students who can't afford to buy operating systems have huge problems because of the likes of you lot. If I need to run a piece of software for my PC, it WILL be for Windows. So, I'll have to buy Windows just to get along. (don't even try to give me crap about WINE. You know, as I know, that Visual Studio could only run under some supercomputer for WINE.) That's a fuck load of money for Windows. Do you want to pay for my copy of Windows (if you do, email me)??? Since you don't, stop criticising Microsoft. They're trying to do something positive to help people. When you're doing something so positive, and really incredibly helpful respond to this. You criticise Microsoft for trying to actually help. Get a life. Stop being so small minded, and open your eyes. To summarise: These pieces of software do come with licenses. You have to agree to them to install. Intersting Thought: Perhaps Microsoft should sue the guy for being a prat and getting his facts wrong. Or even better, remove his license for all microsoft stuff.

  186. Re:Not pirated (get your facts correct) by Anonymous Coward · · Score: 0

    Sit down and shut the hell up. Nobody cares about your whining.

  187. He has their representatives statement already. by nurb432 · · Score: 1

    The first email he received would serve in most any court of law as permission to use.

    She was asked a specific question about licensing, and being a representative of Microsoft gave a legally binding statement giving him permission.

    His ass is covered.. he doesn't need to beat them with it until they change their mind and revoke it..

    --
    ---- Booth was a patriot ----
  188. Free un-licenced Windows XP and Office XP by emotionus · · Score: 1

    The University I goto (in Georgia) handed out Windows XP Professional and Office XP suite for free to students. No license - just cds (That say illegal without license) and a cd key.

    1. Re:Free un-licenced Windows XP and Office XP by Anonymous Coward · · Score: 0

      The school you go to probably is part of Microsoft's Academic License program. Under the latest program, Microsoft grants educational institutions the right to give (or sell) copies of MS Software to the students. The students afterwards supposedly hold a valid license on the software. Not sure how that really works if they don't hand out an actual license certificate.

  189. This would appear to be a very common practice by Exanerd · · Score: 1

    At a MS Windows XP rollout, MS reps gave out copies of Windows XP Pro to every member in attendance. All the CD were stamped with the same information - that a license was required or they where illegal copies. There was something like 250 people in attendance. Instead of a license with the appropriate license serial key, a stickered key was placed on the CD sleve the disks where distributed in. Surprising? Not really. I hardly think that MS would take themselves to court, but it makes taking others to court for these violations nearly impossible since they themselves are distributing their products in violation of their licensing agreement. Just have to provide evidence that you attended a Microsoft sponsored event where MS products were spiffed.

  190. Ask the BSA instead by LinuxGeek · · Score: 1

    Since they are the software Nazis, this guy should be posing his questions to Microsoft and the BSA. I doubt he will get a "go ahead and use it" response from the BSA. It would be interesting to see M$ getting jumped on by the BSA for ambiguous licensing methods and terms.

    --

    Kindness is the language which the deaf can hear and the blind can see. - Mark Twain
  191. I'll wager. by /dev/trash · · Score: 1

    That he'll not hear back from Sasha.

  192. My MS given MSDNAA CD's Top Yours by Anonymous Coward · · Score: 0

    I thought that I should add, I also attended a MS seminar concerning .NET. I actually won a prize for attending, my prize was WINDOWS XP Pro MSDNAA.

    But the best part was this "legal" software was on a CD-R with a cd key written on the CD with a marker, no box no licence. Just the CD

    Add the CD Key didn't work !!

    I guess they pirate there software alot!

  193. BSA sucker hook program by RichMan · · Score: 1

    Buisness Auditing Steps

    1) Sign up attendees to conference.
    - detail: capture buisness and home addresses
    2) Hold event and distribute software
    - detail: do not include official license for software
    3) Provide list to BSA of firms and individuals known to be in posession of illegal software
    - detail: list is from 1), knowledge is from 2)
    - detail: wait for software activation to ping home base for extra legal weight
    4) Unleash the BSA and Marshalls to force all involved to provide detailed analysis proving that all software is licensed
    - detail: use information from 3) to get the needed warrants to really be annoying
    5) Laugh maniacally

  194. HA-HA ..only serious.. by aphor · · Score: 1

    This really isn't a funny joke. It is a serious legal implication that should be presented to every judge that hears a Microsoft copyright infringement complaint.

    --
    --- Nothing clever here: move along now...
  195. Similar experience by Anonymous Coward · · Score: 0

    I work for a large international consultancy, and I had an email conversation with Microsoft's representative to us. I pointed out the licencing problems with WIndows XP, specifically the bit that prohibits using any other computer hardware to access the interface without a separate licence. I said that we had advised our customer not to install Windows XP on any of the machines that we support, because we use pcAnywhere from Windows 95 and Windows NT machines to support them. He said that there was no such clause, and when I emailed him an article about it, he said that that is not what the clause means. It's perfectly clear to any reasonable person that that is exactly what the clause does mean, though.

  196. Standard MSDNAA Practice. by dadragon · · Score: 1

    This is standard MSDNAA practice. At my school, we have an MSDNAA agreement. We can distribute MSDNAA software amongst our CS and Engineering students. I personally have acquired:

    * Windows 2000 Pro
    * Windows 2000 Advanced Server
    * Windows XP
    * MSDN Library
    * Visual Studio 6.0 Pro
    * Visual Studio .NET

    All for free. The licence is given to you on a sheet of paper when you sign it out, it essentially says that you can use if for free for non-commercial use as long as you're a student.

    --
    God save our Queen, and Heaven bless The Maple Leaf Forever!
  197. Devil in the details! by mabhatter654 · · Score: 2, Insightful
    50% or better of MS "piracy" numbers are exactly this thing! People that lost the tag in a move, installed a demo copy for too long, etc.

    That MS finds it nit-picking is humorus--except that that nit-picking is exactly what they expect companies, schools, users to do to remain legal. This is the the same laziness they are fighting tooth-n-nail to stop!

    It's interesting that MS wants to play fast-n-loose with the rules while turning around and then later holding you to it--this guy's exactly right to make an issue out of it! That is exactly the problem with software licensing-it's become outright draconian! Just because it's MS giving out MS software doesn't mean they shouldn't follow the rules too! The big-wigs want to argue over details like this when it's you or I, but don't want to be bothered themselves if license tracking would cost too much!

  198. BSA Audit by penguinrenegade · · Score: 1

    Doesn't anyone know that if the BSA "audits" you, you can a) Plead the 5th. You have the right not to provide incriminating evidence against yourself. This works on the IRS, and the BSA isn't more powerful than THEM. b) Wait until they come up with a subpoenae. FORCE the issue. Don't let Miro$oft/BSA get the better of you!

  199. same experience with ms. by Suppafly · · Score: 1

    I went to the microsoft .net lauch at depaul university, and they were handing out bags with a copy of xp and a shrinkwrapped bag with vis studio.net with the same thing "unlicensed software, illegal without a separate license from microsoft".

    About a week later, they emailed everyone who went to the launch telling us not to sell the software since it would be violating the eula by doing so.

    Somehow I don't really buy this stance since I haven't opened any of the shrinkwrapped containers, and they gave me the software for free, I think I can do whatever I want with it.

    It's hardly legal to give someone something and then try and dictate what they do with it.

  200. This must be the lamest /. Microsmurf story ever by Kolenkow · · Score: 1

    My smurf story are much better: Phoenix got my XP box to reboot.

    --
    Hofstadter's Law: It always takes longer than you expect, even if you take into account Hofstadter's Law
  201. Thr original posting.. now taken down. by Anonymous Coward · · Score: 0

    My experiences with Microsoft
    A couple weeks ago I attended an event put on by the MSDN Academic Alliance called "Microsoft .NET Student Tour". The event is described online at http://www.msdnaa.net/canada/studenttour.

    So at the end of the event they hand out the software. There is a problem however, the software doesn't seem to come with any type of license! All is included is a CD key on the back of one of the CD covers. There is also something interesting about the CD's themselves. Right on the front of each CD is says "UNLICENSED SOFTWARE - Illegal without separate license from Microsoft" (click to see CD).

    About a week after the event, the event coordinator sent out a generic "Thank you for attending email" to which I replied to find out what was going on. I definitely didn't want to be doing something illegal by using the software without a license. Here is the email I sent:

    From: "Lance Kenneth Shade Titchkosky"
    To: v-sashak@microsoft.com
    Cc: msftpra@microsoft.com
    Date: Wed, 2 Apr 2003 10:09:01 -0700

    Hi Sasha,
    I was just wondering about the VS .NET software handed out at the end of the presentation. I don't know if mine was missing or something but I could not find a license for the software anywhere. Just wanted to check with you on that, is the license hiding somewhere? I don't really want to be installing unlicensed software...

    thanks!

    lance

    In a couple hours (I was surprised to get a reply so quickly) Sasha replied with the following:

    From: "Sasha Krsmanovic (ManPower)"
    To: "Lance Kenneth Shade Titchkosky"
    Subject: RE: Thank Your For Attending
    Date: Wed, 2 Apr 2003 12:13:15 -0500

    Hi Lance
    Feel free to use the software we provided you with during our Academic Tour. The license is not hiding, nor is it missing. However, you are fine with using software for non-commercial use.
    Regards,

    Sasha Krsmanovic
    Academic .NET Student Coordinator
    (905) 568 - 0434 Ext.24741
    v-sashak@microsoft.com

    Well that just didn't seem right to me, but I thought if I can use VS .NET without I license (as long as it is for non-commerial use) then why not other MS products? Since I don't need a license for "non-commerial" use I should also be able to make copies of this software to anyone else that is using it for non-commerial use too right? ;) Well I thought I should check with the source so I sent another reply:

    From: "Lance Kenneth Shade Titchkosky"
    To: "Sasha Krsmanovic (ManPower)"
    Subject: Re: Thank Your For Attending
    Date: Wed, 2 Apr 2003 10:22:32 -0700

    Thanks for the reply. I take it this 'non-commercial use' without license applies only to the VS .net software and not all Microsoft products?

    Also is it then okay to loan these CDs to my friends at university that were not able to make it to the presentation but are interesting in trying .NET?

    thanks!

    lance

    Sasha was nice enough to reply fairly quickly to my inquiry, here is what he had to say:

    From: "Sasha Krsmanovic (ManPower)"
    To: "Lance Kenneth Shade Titchkosky"
    Subject: RE: Thank Your For Attending
    Date: Wed, 2 Apr 2003 12:38:12 -0500

    No, lending the software is not OK.
    Non commercial use applies only to the software we gave out during the conference(as well as MSDNAA Software)
    Regards

    Sasha Krsmanovic
    Academic .NET Student Coordinator
    (905) 568 - 0434 Ext.24741
    v-sashak@microsoft.com

    Well I still had the feeling something wasn't quite right here. The event said I would be receiving "Visual Studio .NET Academic version ($109.00 value)", yet here all I have is 8 CD's which say I'm doing something illegal if I use them without a license. Surely these copies of CD's do not cost $109! It was also quite evident to me that Sasha didn't understand software licensing. So I thought I'd try an

  202. What you need to be "legal" by ratboy666 · · Score: 1

    To keep the BSA turkeys happy, you need:

    1 - License card and

    2 - A receipt

    If Microsoft "gives" you software for free, please remember to ask for the license and a receipt -- EVEN IF ITS FREE.

    Ratboy.

    --
    Just another "Cubible(sic) Joe" 2 17 3061
  203. Re:False alarm. I went to one of these... by Paul+Fernhout · · Score: 1
    mmmm... mints

    Sure you really want to be putting stuff into your body that has been touched by Microsoft quality control people? :-)

    --
    A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
  204. Re:Posting private comments publicly is legal by ChaosDiscord · · Score: 1
    IANAL, but it's not just obnoxious, it's illegal- regardless of whether you obscure the names. Unless I specify otherwise, any communication I send you is intended for you, and you only.

    That's nice.

    But why do I give a crap?

    If you've made the mistake of sending me something you'd not have me share, it's not my job to protect you. I'm free to share the information with anyone I want.

    Unless you really trust someone, don't send them anything you wouldn't want to see on the front page of tomorrow's newspaper. News media have reported on "private" communications leaked by one of the participants for years. It's legal and an essential part of both democracy and capitalism. Without this right criminal secrets could be squelched forever. You would never see whistleblower reports on companies that knowingly have unsafe working conditions, or just knowingly ship crap product.

    However...

    Anything non-trivial you send to me is protected by copyright, and under copyright law I cannot redistribute copies. So you do have some minimal amount of protection. But's it's not much protection, and effectively worthless. Of course, I am still free to show other people the copy I legally have. I'm free to redistribute small portions (quotes) for various far use purposes (including showing that you've done something wrong or stupid). I'm free to factually describe what you sent to me.

    (The other notable protection is Trade Secret law, but that really requires that everyone involved have agreed to keep the secret (typically through Non-Disclosure Agreements). If the information is passed to a single person who hasn't agreed (and no NDA's were broken in doing so), they the information ceases to be a Trade Secret and all bets are off. But it's not really relevant, I doubt the author has an NDA with Microsoft.)

    If you'd like to argue otherwise, I'd appreciate seeing a some of the details of the law in question.

    It's quite similar to how you may not tape-record a conversation without my permission.

    Erm, under which law would that be? In the 39 "One Party Recording" states, if we're having a phone conversation, I'm allowed to record it without your knowledge (Only one party involved needs to know, and I'm that one party.)

    Unless the content is quite obviously harmless, I ask the permission of the sender before forwarding a message from them to a mailing list(or cc'ing others in a reply that contains part of their comments, quoted.) It is at the very least considered good manners.

    Now that I agree with. You may not need to do so, but it's darn polite to do so, especially if you want to have future conversations with this person. I've specifically done so when I reposted portions of email conversations I've had on my web site.

  205. Re:frist psot? by Anonymous Coward · · Score: 0

    First post. The number before 2 and after 0, or the other way around. Premier affiche. Primero poste. Zuerst Posten. Il primo palo. først post. primeiro poste.

  206. You're fired. by Anonymous Coward · · Score: 0

    Pack up your shit and get the fuck out, smartass.

    1. Re:You're fired. by Anonymous Coward · · Score: 0

      Trollll. post first

    2. Re:You're fired. by Anonymous Coward · · Score: 0

      Am I going to need to call security?

      Pack up your shit and get the fuck out!!

    3. Re:You're fired. by Anonymous Coward · · Score: 0

      No need for alarm, and that language is extranuous.

  207. Replies to Replies by DragonHawk · · Score: 1

    I'm replying to my own post to comment on a few things that others have said in their replies.

    With regards to all software being copyrighted: I did forget about public domain works. For example, some software created by or for the US Government is automatically part of the public domain. And, of course, anything old enough that the copyright has expired becomes part of the public domain. There isn't any software that old, though.

    It should be noted that, as I understand it, one cannot "place" something in the public domain. Any remarks to that affect have no legal standing. Or so I'm told. Like most here, IANAL.

    To those who wrote about copying vs distributing vs selling vs using vs installing and so on: You are arguing semantics. I've got better things to do with my time.

    Finally, to those who dispute the legal standing of Microsoft's licensing tactics: The courts do not agree with you. Go ahead and violate the major points in Microsoft's (or some other large software company's) licenses. If it goes to court, you'll go to jail (or suffer other legal penalties). That may not be fair or just or right, but it is the way things are right now. Bitching about it on Slashdot won't change that.

    --

    dragonhawk@iname.microsoft.com
    I do not like Microsoft. Remove them from my email address.
  208. UPDATE: EMAIL from Microsoft concerning .NET by confused+philosopher · · Score: 1

    I got this email today:
    Dear Confused Philosopher:
    Thank you for joining us at the Microsoft Student Tour and for all the feedback you provided us during the event. We continue to welcome feedback and questions following the tour. One of the questions received after the tour concerns the use of the Visual Studio .NET Professional software distributed to students who attended the event.

    I have attached a letter to this email to clarify the legal use of the software. The use of the Visual Studio .NET Professional software is governed by the digital license that appears in a dialog box at the start of the installation. Your acceptance of this "Click to Accept" license is the only license required for your use of the copy of the Visual Studio.NET Professional Edition received.

    Also, it has been drawn to my attention that a few students are experiencing challenges when installing the Visual Studio .NET. If you encounter any difficulties while installing the software, please contact me.

    Once again, thank you for joining us at the Microsoft Student Tour. We look forward to seeing you at more events like this in the future.

    Best regards,

    Pamela

    Pamela Lauz
    Program Manager, Academic .NET
    (905) 363 - 8448
    pamlauz@microsoft.com

    --
    Why slashdot? Why not?