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Using Spyware to Report Pirates?

An anonymous reader asks: "I have visibility to AUP complaints we receive at work, and we receive messages from a software vendor that make it obvious that their product is phoning home when it discovers it is running a cracked copy of itself." Apparently the software phones home, and then the publisher's legal department sends the administrator an e-mail. "The message goes on to detail the users IP, a timestamp, the product in question, the users PC name, username, and MAC address. This falls under -my- definition of 'spyware.' What are your thoughts?" Software has been making surreptitious checks for "piracy" for over a decade, yet these checks are usually limited to the software itself, and not data on the user's machine. Do you feel software publishers should have the right to peer into users data, if their software suspects foul play on the machine, or should it do the easy and intelligent thing and just stop working?

1,013 comments

  1. What we want to know... by Jeremiah+Cornelius · · Score: 5, Interesting

    Just WHO is this publisher?

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
    1. Re:What we want to know... by Anonymous Coward · · Score: 0

      Gutenburg... The one... The only.

    2. Re:What we want to know... by wo1verin3 · · Score: 5, Interesting

      I'd still like to know what publisher does this, and if my company is a customer of this company which decides to spy on our systems without permission then I would a) ensure we move to another software vendor and b) make the company aware of why we choose to move to another vendor.

    3. Re:What we want to know... by Anonymous Coward · · Score: 0

      Dont panic. Its only sending out information IF it is found to be cracked.

      So
      A) You aren't paying for the software anyway so the publisher can't really lose business.
      or
      B) You aren't being spied on.

    4. Re:What we want to know... by ewhac · · Score: 1

      Adobe would be my first guess as well. They've been snots about this sort of thing for well over ten years.

      Back in the day when Photoshop only existed on the Mac, it would ping your LAN to see if another copy of Photoshop was running with the same serial number. If it found one, it would refuse to launch. That's about the limit of obnoxiousness anyone should tolerate.

      Schwab

    5. Re:What we want to know... by hackwrench · · Score: 1, Redundant

      Yeah, what's with the whole 'leaving the company name out of the article' thing anyways?

    6. Re:What we want to know... by Gonoff · · Score: 1

      Netware did something similar - except it wasn't ping 'cos it was IPX.

      --
      I'll see your Constitution and raise you a Queen.
    7. Re:What we want to know... by Anonymous Coward · · Score: 5, Insightful

      ...or C) the software thinks it's pirated and it isn't. After all, 100% of fully automated piracy detection methods are flawed. The only sure fire way to prove something is pirated is a BSA-style audit. And even those are flawed because of people who don't save original packaging/media.

      You are seriously deluded if you think that fact that a piece of software thinks it's pirated is de facto evidence that it is in fact pirated.

    8. Re:What we want to know... by bernywork · · Score: 1

      Actually, from my own experience, I have found that Installshield 4.5 does.

      It checks the web site for updates, basically to download patches etc. What it does though, is it includes the serial number in the HTTP GET. I would presume that if they went through the logs of the web server, they could see excessively used serial numbers and figure out if one has been leaked.

      --
      Curiosity was framed; ignorance killed the cat. -- Author unknown
    9. Re:What we want to know... by Goldberg's+Pants · · Score: 3, Insightful

      It's still low. Spying on your data and sending info is like shooting people because they might be a criminal. Cracks do have perfectly legitimate uses, despite what the software companies try to tell you. (Just ask anyone who has installed the latest patch for Neverwinter Nights and can't run it due to the retarded Securom protection).

      This is why everyone should run a decent firewall. The amount of programs that phone home is alarming!

    10. Re:What we want to know... by fuzzix · · Score: 1

      Adobe were also the inspiration for my post regarding using IE to send the info, but this is info I gleaned from IRC discussions as opposed to any knowledge or experience :-)

    11. Re:What we want to know... by Anonymous Coward · · Score: 3, Insightful

      I couldn't disagree more. That's not obnoxious that's an awesome feature!

      We bought one legal copy of Photoshop. We should have the right to run one copy, regardless of how many computers we own. This enforces that and makes us abide by the licenses we agreed to! It makes it impossible to violate their license!

      So what did we do when we got this error message more and more and more? We decided "hey, we really need two copies". And we got another license. This actually /saved/ us money, so we didn't have to go get 5 copies of Photoshop for 5 computers when two did just fine, thanks.

      Obnoxious? I guess so if your definition of obnoxious includes railings on ledges and lane turtles on roadways. To the rest of us, such things are considered useful.

    12. Re:What we want to know... by Tyrall · · Score: 2, Insightful

      Microsoft also do this with Office for the Mac. In a corporate LAN, this means that cloning amchines for swift deployment is not an easy option.

      I personally (asides from the above caveat) have zero problem with this level of detection, as it leaves it up to the LAN manager or user to deal with licensing issues. I do, however, have a problem with having a phone-home algorithm built in to software to send out proprietory information if some random case happens to be met.

      Considering most software companies seem to have problems getting the core functions of their software to work, the assumption there can be a totally bug-free detection of legal use is laughable. This means that legal users of software are going to be spied upon. Would you spy on your legitimate users, or should they expect to be spied upon?

    13. Re:What we want to know... by Anonymous Coward · · Score: 0
      This is why everyone should run a decent firewall. The amount of programs that phone home is alarming!


      A firewall won't help in a lot of cases, because the software is just doing an HTTP post through whatever proxy you have configured. Of course you could just not allow HTTP in any form, but that's not an option in most cases.

    14. Re:What we want to know... by Anonymous Coward · · Score: 0

      >> Dont panic. Its only sending out information
      >> IF it is found to be cracked.

      And you know this how? You work for SCO?

    15. Re:What we want to know... by wo1verin3 · · Score: 1

      Office v. X on MAC has the same functionality, you can't run another copy on the same subnet (network?) if they have the same serial. That is a good thing and doesn't infringe on anyones privacy.

    16. Re:What we want to know... by innosent · · Score: 4, Interesting

      That's a great idea, from all perspectives, but taking it one step further, when it checks for updates, the server should check the serial number against a list of known/suspected pirated numbers. If the serial number is bad, then send dummy updates, ones that force the program to say: "this program is not registered, please call 800-URF-CKED".

      If you do it this way, then the real license holder will call to find out why it doesn't work, at which point you can try to find out why their serial number is pirated. Something like this could have prevented the 112-1111111 M$ thing from ever happening, without screwing things up for the end user. Put reasonable limits on how many duplicate licenses you can have, and if you've seen too many, put that number on the list. You won't stop the first few pirated copies, but you'll stop the last 90,000, and you'll find out who leaked the number in the first place. As an extra feature, for corporate keys, you could restrict it to the corporation's IP block.

      Damn, maybe I should patent that... Oh well, consider it prior art.

      --
      --That's the point of being root, you can do anything you want, even if it's stupid.
    17. Re:What we want to know... by Tongo · · Score: 5, Interesting

      On my machines I run Sygate Personal Firewall. I have it set to block traffic based on application, not port number (although that MAY be possible also). If an application doesn't have defacto permission to access the internet it will ask me. The I set it to allow my most used applications through without prompting. Works quite well actually. It is amazing the amount of stuff that is trying to call out all the time.

    18. Re:What we want to know... by Jeremiah+Cornelius · · Score: 2, Insightful
      Fortunately, OSX comes with pf.

      This crap, and any access to MS nets is something I would block on principle.

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    19. Re:What we want to know... by Anonymous Coward · · Score: 0

      You won't stop the first few pirated copies, but you'll stop the last 90,000, and you'll find out who leaked the number in the first place.

      Nope! These types of tricks have been tried before, and like all methods of protection; it has numerous flaws.

    20. Re:What we want to know... by alonsoac · · Score: 1

      I don't understand this hate against the publisher. I would think they are simply protecting their software. They are in no way harming legitimate paying customers. Even when phoning home about a pirated copy there is no harm, it is the pirate who is harming the publisher.

      I don't see how detecting a pirated copy is spying on a system. They should have the right to do that.

      If you don't use pirated software why would you even care about this?

    21. Re:What we want to know... by dolo666 · · Score: 5, Interesting

      What if it's wrong? What if you really paid for the software and someone *else* cracked it and passed it around?

      Some of the appz/games in stores get cracked and put back on shelves. It happens all the time. And how many of you keep your sales receipt, box or even CD? I have software running that is paid for but I don't have evidence that I bought some of it; I still have a right to run it.

      The problem is that while this monitoring is a good idea in theory, there are too many variables that would trigger reasonable doubt in court. This would tie up a court for quite some time with possibly unreliable evidence garnered as reasonable.

    22. Re:What we want to know... by Gilmoure · · Score: 1

      If you have a site license for Office X, it doesn't need a serial number. You just copy the Office folder to your app folder and run it.

      --
      I drank what? -- Socrates
    23. Re:What we want to know... by Simonetta · · Score: 2, Insightful

      Since software publishers can make potentially far more money from people who are using a program 'illegally' then they can from sales of a program, it is in their best interest to have as many (rich) people (corporations) using their program 'illegally' as possible. Then they can use spyware to shake down their 'clients' by getting tens of thousands of dollars in profit from fines and penalities as opposed to simply hundreds of dollars in profit from straight per-unit sales.

      They just put some bizarre clause into the End Use Agreement (surely you read that part in the French language section of your agreement that said):

      'En cliquetant sur cet accord, l'utilisateur ecrit une obligation legale de nous payer quelque quantite laquelle nous avons choisi de facturer quelque raison au lequel nous pouvons penser.'

      *** 'By clicking on this agreement, the user enters a legal obligation to pay us whatever amount that we chose to charge for whatever reason that we can think of.' ***

      That line wasn't in the English section of the EUL? Tough Titty! You clicked - You agreed - You entered a legal agreement -- You now owe!

      Basically software companies will do anything that they can get away with to take your money.

      The situation that you have described where the software company invaded the private section of your PC and is using information taken from there to extort from your company is a major ethical breach on their part.
      I believe that you would be justified to tell the slashdot community just who it is who has done this so that we can avoid commerce with them in the future.

      Thank you,
      Simonetta

    24. Re:What we want to know... by DaCypher · · Score: 5, Interesting

      What if that application, say, an FTP client, requires access to the internet to do its job? So you allow it access to the internet for this purpose, but could it still sneak its connections in to its home server since the firewall assumes this is legitimate behavior?

    25. Re:What we want to know... by Eristone · · Score: 1

      As an extra feature, for corporate keys, you could restrict it to the corporation's IP block.


      This would work except for your sales force or anyone with laptop computers that download updates while not on the corporate network. (ala "Hey! Update your computer with that RPC patch...") Then you get all these machines that are getting updates for a corporate serial number while not on that address - getting flagged as pirates. Now you get your sales staff and remote workers calling into helpdesk with disabled machines that they need to bring into the office to get fixed... And IT calling the vendor that implements this to have it fixed/removed...

    26. Re:What we want to know... by treat · · Score: 0, Troll
      On my machines I run Sygate Personal Firewall. I have it set to block traffic based on application, not port number

      Can Linux do this?

      If not, Windows is more secure than Linux for a desktop user.

    27. Re:What we want to know... by Second+Vampyre · · Score: 1

      Have you ever used firewall software? You can filter by application, local port, remote port, remote address, protocol, time of day, basically anything you want.

    28. Re:What we want to know... by jdhutchins · · Score: 1

      Two answers: I don't know, and NO!
      I don't know enough about Linux to tell you if there is application-level filtering. However, Linux is by FAR more secure. First of all, most linux programs are OSS, and you can't pirate them, so they don't phone home. And when's the last time a virus hit linux systems and clogged them up?

    29. Re:What we want to know... by Le+Marteau · · Score: 2, Insightful

      If you don't use pirated software why would you even care about this?

      Um, maybe for the same reason that American citizens care about the Constitution and understand the concept of a limited government?

      "But the thing is, you don't have many suspects who are innocent of a crime. That's contradictory. If a person is innocent of a crime, then he is not a suspect." (former Attorney General) Ed Meese, US News & World Report, 10-15-85

      --
      Mod down people who tell people how to mod in their sigs
    30. Re:What we want to know... by Tongo · · Score: 1

      As my post above stated I have used Sygate, nothing else really. Not everyone one slashdot is a sysadmin :o).

    31. Re:What we want to know... by PW2 · · Score: 1

      What if a person allows IE to access the internet. A spyware program only has to make calls to access the internet using an HTTP class and it will appear to be IE to some personal firewall programs.

    32. Re:What we want to know... by Oopsz · · Score: 1

      One such publisher is Visualware. Their software phones home on each traceroute.

    33. Re:What we want to know... by MrBlue+VT · · Score: 5, Interesting

      I run cracked versions of video games all the time. Why? Because I've stolen it? No, because I don't want to have to stick the damn CD in the drive everytime I want to play the game. Nothing is more annoying than the stupid "copy protection" that makes you hunt around for the particular game cd and then put it in your machine (heaven forbid you are using the cdrom at the same time to play music or burn a cd!).

    34. Re:What we want to know... by dhawton · · Score: 0

      Why would a program on Linux "phone home" when most Linux programs are Open Source. And sure you can firewall it, ipchains, although its not as easy as it sounds.

    35. Re:What we want to know... by MoggyMania · · Score: 1

      "I guess so if your definition of obnoxious includes railings on ledges and lane turtles on roadways. To the rest of us, such things are considered useful." To the police, navigating based on where the little bumps in the road area at is considered a sign you're in serious need of an alcohol test... ;)

    36. Re:What we want to know... by Anonymous Coward · · Score: 0

      I seem to recall....slapper?

      Oh, and consider yourself...slapped.

    37. Re:What we want to know... by heliosnorf · · Score: 1

      No - you should have the right to run one copy at a time. It's not fair to assume that people will be able to pay for a separate license for every computer they own. With a program like photoshop and the several computers around my house, that would add up to nearly $1000. It's much more reasonable to only allow one copy to run on the network at once.

      --

      "A good traveller has no fixed plans and is not intent on arriving." -Lao Tzu
    38. Re:What we want to know... by Robotech_Master · · Score: 1

      Yep, just as low as that Slashdot story last year or so about the fellow who recovered his girlfriend's computer because it was set to connect to the Internet in a certain way on boot.

      Sure, cracks can have legitimate uses. But that doesn't mean everybody who's cracked the program is using it legitimately.

      --
      Editor Emeritus and Senior Writer, TeleRead.org
    39. Re:What we want to know... by mOdQuArK! · · Score: 2, Informative
      That line wasn't in the English section of the EUL? Tough Titty! You clicked - You agreed - You entered a legal agreement -- You now owe!

      Dunno about France, and IANAL, but at least in the United States you cannot be bound by an agreement written in a language which you don't understand. (Unfortunately, the major loophole to this is that the legal system still seems to think that Legalese is understandable by English speakers. :-(

    40. Re:What we want to know... by wo1verin3 · · Score: 5, Funny

      Particular CD? Hah, I guess you're too young to remember having to check page 46, line 3, word 12 in the manual. :)

      More details on that old thing (+1 nostalgia) here:
      http://www-cse.stanford.edu/classes/cs201/projects -99-00/software-piracy/copyright.html

    41. Re:What we want to know... by Goldberg's+Pants · · Score: 1

      On my firewall, Kerio's Personal Firewall, EVERY application that wants to access the net has to ask for permission. I have Internet Explorer killed so it can't connect.

      As for programs that need internet access, that's easy enough. Kerio you can have it ask every time a program wants to connect, so you can grant it connection rights JUST to the host you want to use. A hassle yes, but still perfectly feasible.

    42. Re:What we want to know... by Sevn · · Score: 1

      HAHAHAHAHAHAHHAHAHAHAH yeah.

      Except with Linux you don't have to worry about things like this. The code is there to be viewed by a billion eyes. Nice try though.

      --
      For every annoying gentoo user, are three even more annoying anti-gentoo crybabies. Take Yosh from #Gimp for example.
    43. Re:What we want to know... by Sethb · · Score: 1

      Yep, I was like "Office X has a serial number?" I've only ever used the version we're licensed for, which doesn't require any...

      --
      When in danger or in doubt, run in circles, scream and shout. --Robert A. Heinlein
    44. Re:What we want to know... by lidocaineus · · Score: 1

      One of the most annoying things yes... try Daemon Tools and keep a CD image repository on your server. Works with every game I've had so far (though a few need a little tweaking), including the really really new SecureROM version.

    45. Re:What we want to know... by alonsoac · · Score: 4, Insightful

      If a person is innocent of a crime, then he is not a suspect.

      So all suspects are guilty? That doesn't make any sense to me.

    46. Re:What we want to know... by Anonymous Coward · · Score: 0

      I also have access to those AUP complaints at a major US school and it seems like he's talking about VisualRoute. We get complaints from them like this.

    47. Re:What we want to know... by H310iSe · · Score: 1

      heh, my favorite, an AD&D type game on the C64 that greeted you with a phrase in some old-elvish language which they, conveniently, gave you a 3 piece wheel-over-wheel-over-wheel decoder that let you translate the passphrase into english to start the game. we, of course, had a photocopied thumbtacked-in-the-middle wheel...

      --
      closed minded is as closed minded does
    48. Re:What we want to know... by Anonymous Coward · · Score: 0
      I'd still like to know what publisher does this, and if my company is a customer of this company which decides to spy on our systems without permission then I would a) ensure we move to another software vendor and b) make the company aware of why we choose to move to another vendor.

      ["The message goes on to detail the users IP, a timestamp, the product in question, the users PC name, username, and MAC address.]

      Yeah, yeah. And a Word document (or the XP OS for that matter) has how many of these? Go get'em Tiger!

    49. Re:What we want to know... by zakezuke · · Score: 1

      Except with Linux you don't have to worry about things like this. The code is there to be viewed by a billion eyes. Nice try though.

      Unless someone managed to get root and is running software scanning for other exploitable systems.

      But if they got that level of access, chances are they would just authorize themselves.

      Besides... I would under the impression that phonehome software used internet exploder, which chances are gets full access to the internet. This is not to say you can't just use mozila and tell explorer to bugger off.

      --
      There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
    50. Re:What we want to know... by LittleLebowskiUrbanA · · Score: 3, Insightful

      Can Linux do this?"

      Yes. Look into Firestarter. Look into iptables/ipchains.

      "If not, Windows is more secure than Linux for a desktop user."

      Thats flawed and uninformed reasoning. Amng many reasons why Linux is more secure for a desktop user is that a normal desktop user runing Linux has almost zero chance of double clicking on an atachment and hosing their system w/a virus.

    51. Re:What we want to know... by Anonymous Coward · · Score: 0

      That's not obnoxious that's an awesome feature!

      To a point, except they never perfected it for the site/multi license serial numbers.

      So what did we do when we got this error message more and more and more?

      Our users started disabling this awesome feature by a) disconnecting the network cable, b) turning off AppleShare|Talk. This let multiple users run the same copy since the serial check was at load-time. (This also helped us differentiate the clueful users [would turn AppleTalk back on after PS loaded] from the stupid ones [why can't I print or save to the server?].)

    52. Re:What we want to know... by Maserati · · Score: 1

      I haven't tried it on Office X, but "all ones" was a valid Office 2001 site license code.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
    53. Re:What we want to know... by The_dev0 · · Score: 1

      Yeah, this was pretty heavily used on the Amiga as well. Off the top of my head I can think of two games that used word-obscurity as security. I think one was called Immortal (an isometric 3d game where you were a wizard, excellent puzzley game) and Robin Hood, that had the ol' word 17 paragraph 3 page 21 rubbish. I cracked mine though. (The crack being a photocopy of the manual)

      --
      Never fight naked, unless you're in prison...
    54. Re:What we want to know... by NanoGator · · Score: 0, Flamebait

      "Can Linux do this?"

      Sure it can! All you have to do is learn how to program, read/understand the source code, and design, implement, and compile the app to do this.
      I'd do it for ya, but I'm more interested in writing this Quake 3 stats calculator.

      --
      "Derp de derp."
    55. Re:What we want to know... by Anonymous Coward · · Score: 0
      The problem is that while this monitoring is a good idea in theory, there are too many variables that would trigger reasonable doubt in court. This would tie up a court for quite some time with possibly unreliable evidence garnered as reasonable.

      The whole idea, from the software publisher point of view, is that such things never see even the courthouse door. Rather, use the "we got the goods on you, pay up or else." No one wants to pay the time or money for a court case, so they just pay up.

    56. Re:What we want to know... by I(rispee_I(reme · · Score: 1

      Yeah, because there's a ton of programs that call home for linux.

    57. Re:What we want to know... by nolife · · Score: 3, Interesting

      I have used Zonealarm before and I set IE to ask everytime for access. I left IE the default browser but never actually used it for my browsing. Spurious requests for to start IE would be a red flag that something was trying something funny.

      --
      Bad boys rape our young girls but Violet gives willingly.
    58. Re:What we want to know... by Anonymous Coward · · Score: 0

      All you have to do is learn how to program, read/understand the source code, and design, implement, and compile the app to do this.

      Actually Mr. Troll, if you want to re-implement the perfectly good iptables, then go ahead. Why you'd want to waste your time doing that is beyond me though.

    59. Re:What we want to know... by Anonymous Coward · · Score: 0

      You clicked - You agreed - You entered a legal agreement

      But what if I didn't agree, and then I clicked?

      Then I didn't enter a legal agreement.

    60. Re:What we want to know... by NanoGator · · Score: 1

      "Actually Mr. Troll, if you want to re-implement the perfectly good iptables, then go ahead. Why you'd want to waste your time doing that is beyond me though."

      Well I suppose you could take it that way, or you could read a little deeper into the meaning of my satire there.

      --
      "Derp de derp."
    61. Re:What we want to know... by Anonymous Coward · · Score: 1

      >> C) the software thinks it's pirated and it isn't.

      I had this problem once - I had two Macs in an Appletalk network and if I launched my (legal) copy of PageMaker, the program would pop up a dialogue saying that it had detected a fraudulent copy on the network, and would shutdown.

      The thing is the 2nd machine didn't even have a copy of PM installed - it was detecting itself. Apparently, it was illegal to be networked.

    62. Re:What we want to know... by Sigma+7 · · Score: 1

      *** 'By clicking on this agreement, the user enters a legal obligation to pay us whatever amount that we chose to charge for whatever reason that we can think of.' ***

      That line wasn't in the English section of the EUL? Tough Titty! You clicked - You agreed - You entered a legal agreement -- You now owe!


      Do you mean misrepresenting terms of a contract? It's considered very unlawful in the more civilized countries.

      Not only that, but it is false advertising. The hidden cost of extra payments was not clearly stated - rather it was simply placed on the shelf as a $19.99 product.

      Any competent lawyer can counter that statement. Besides, an "illegible" contract isn't much help for a company, especially of the user doesn't understand the language.
    63. Re:What we want to know... by FCKGW · · Score: 1

      The old Home Alone game for DOS had a half-sheet of letters arranged like a word jumble, printed faintly to prevent photocopying. Each time the game was started, the user would need to type random letters from that sheet. What a PITA.

      --
      It's an operating system, not a religion.
    64. Re:What we want to know... by cbensinger · · Score: 1

      I've still probably got 2 dozen of those old wheels laying in a box somewhere. I didn't mind those as much as the dark purple code sheets that came with some games (Jack Nicklaus Golf may have been one of those). Nearly went blind trying to read those...........

    65. Re:What we want to know... by User8201 · · Score: 1

      GetRight does this. Yes, I found out because it refused to work after I downloaded the first thing from net net ... same with MusicMatch.

      Hah...

    66. Re:What we want to know... by Kleedrac2 · · Score: 2, Interesting

      Some games still have that old friend, check out Uplink, the great hacker game (and yes it's got the native Linux binaries on the disc) from Introversion Kleedrac

      --
      Sure we wang, can.
    67. Re:What we want to know... by Anonymous Coward · · Score: 0

      http://www.xequte.com/

      They are one company that has performed such "checks." Unfortunately, my system was reported when my demo version was unknowingly cracked by someone else using my computer.

    68. Re:What we want to know... by The+Vulture · · Score: 4, Informative

      Yep, and then they started making the manuals with dark blue text on burgandy paper (well, the code number sections, anyway) so that you couldn't photocopy it. By the time you can actually read the code number to enter to play the game, you've completely screwed up your vision. :)

      I had two Konami games on the C64 that used this method. After about five times of going through this pain, I cracked the damn games. What was great was that the copy protection code in both games was the same, and they even ever so nicely made it easy to find the protection (the border color changed after the code was correctly validated). Three byte patch (JMP $XXXX) and hacked game.

      Ahhh, the days of 8-bit computing. :)

      -- Joe

    69. Re:What we want to know... by Associate · · Score: 1

      I'd tend to think that part of the reason Linux is secure is that the average 'computer user', not 'Linux user', is too lost to screw things up.

      --
      Someone hates these cans.
    70. Re:What we want to know... by cait56 · · Score: 1, Insightful

      Almost any automated detection scheme is going to trigger a false alarm when a machine is re-configured and/or rebuilt.

      The frequency that a company reconfigures its hardware is not anybody else's business.

      Worse, such software will quickly take the next logical step of assuming that if it cannot "phone home" that it is being prevented from doing so by a pirate, when in fact it may merely be running on a machine that is isolated from the Internet for reasons of project security.

      If I have a project that is isolated from the Internet for secrecy, I do not want to have to call each vendor for software that I am running to explain why their software cannot "phone home".

    71. Re:What we want to know... by _xeno_ · · Score: 5, Interesting
      I'm disappointed by the replys so far. I keep on getting these two conflicting vibes from people on Slashdot - some people who seem to really want Linux to succeed on the desktop and therefore have companies write software for it (like, say, games or video codecs...), and people who seem to want to keep the "non-free polution off their system."

      If Linux is to succeed on the desktop, then third parties must be allowed to write closed-source applications for Linux. (If, for no other reason, than to allow custom buisness software to continue to run on the systems.) In that case, a vendor very well could include spyware, and being able to block just that application would be very nice.

      Can Linux block net access by individual program? I don't know - I think netfilter may be able to be hacked to do it, but I'm not 100% sure. (It looks like it might be possible to write a netfilter module to do it, but it may require modifying the netfilter system itself, which would involve kernel hacking. When I wrote this, www.netfilter.org was not responding, so I'm guessing based on documentation on other sites and what was available through the Google cache.)

      Does this make Linux on the desktop less secure than Windows? Well, erm, not really. The Windows default firewall only exists in XP (or maybe some SP added it to previous versions, I dunno), and it blocks based on ports. Third-party firewalls like ZoneAlarm and the aforementioned Sygate Personal Firewall can block based on application.

      So Linux is no more secure than Windows on its own. Add in some more software, and it can be. The next question is: if Windows had this feature, and Linux did not, would Linux on the desktop be less secure than Windows? I think the answer is yes, based on the idea that Linux on the desktop must be capable of using closed-source software, and that such software would be prevelant on a successful Linux desktop, and that there would exist users for the software.

      Dismissing Linux as safe because there currently is no real spyware out for the Linux desktop does not really address the question. Assuming there were, it would be nice to be able to block just one application. Blocking a port would not be enough (since it could just use 80, then no web browsing for you...). Blocking an IP is the obvious "right way" but it still might not be the best solution if that cuts your off from the webpage or other important service.

      So being able to block by a given application is probably better than only by packet info (like IP, port, flags, etc.). If the question were simply "OS/A can block net access by application, is it more secure than OS/B that cannot" would people still say "OS/A is more secure because it's open source?" Or is this an emotional response based on the fact that it was Linux vs Windows?

      --
      You are in a maze of twisty little relative jumps, all alike.
    72. Re:What we want to know... by Anonymous Coward · · Score: 0

      Restricting to corporate IP blocks sucks for mobile users

    73. Re:What we want to know... by _xeno_ · · Score: 1
      So all suspects are guilty?

      If the VICTORY Act passes, then yes. :)

      --
      You are in a maze of twisty little relative jumps, all alike.
    74. Re:What we want to know... by Lshmael · · Score: 5, Interesting

      That's the point. That conflicts with the entire practice of people being innocent until proving guilty. Since it is a former attorney general saying it, the poster was implying that the government does not care about trampling on civil rights in its relentless pursuit for "justice." Meese was saying, "If we think you did something wrong, you did. No questions. Stop talking. 2 + 2 = 5."

      Where does the madness stop? What is the publisher had disabled the computer or reformatted the hard drive? Would that be justified? What is the software was actually *NOT* pirated?

    75. Re:What we want to know... by Anonymous Coward · · Score: 0

      Ha, I remember an old dos doctor game I played when I was like 9(it was my brother's computer) that had that shitty ass pinwheel type thing. We lost the fucker in 2 days, ultimately destroying our ability to play the game even though we had bought the god damn motherfucking piece of shit game, I'm still god damn bitter about that piece of shit.

    76. Re:What we want to know... by Vadim+the+Conqueror · · Score: 1

      the company has the right to know who is stealing their software. if they choose to contact the individual or institution and there was just a flaw in the code that made it think that it was cracked when it was infact legit, all the acused would have to do to clear their name is prove that they have a legaly purchased copy, which honeslty isnt that hard to do. it's not like it gives out top secret information

    77. Re:What we want to know... by Cyberllama · · Score: 1

      Also, what if I paid for it, but I run a cracked version of it anyways? The software in question is probably some sort of app, so it probably doesn't have cd-checking. But in general, alot of people run cracked software simply because its more conveinant.

      If I want to run cracked software that I've paid for on my system, then it's not of their buisness.

    78. Re:What we want to know... by FLEB · · Score: 1

      Or, for that matter, just make an exec call to a trusted web browser, and open a special GET-recieving web address.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    79. Re:What we want to know... by Anonymous Coward · · Score: 1, Insightful

      The only problem with this, is there are programs on the Internet that will generate infinite activation codes for specific software. This doesn't require any help from authorized activation code holders. Assuming any relationship between the two, is, uhm, flawed.

    80. Re:What we want to know... by Olathe · · Score: 1

      I would under the impression that phonehome software used internet exploder...

      That's unlikely. It seems it would be far easier to just program the application to connect on its own, without the use of external applications. HTTP isn't that difficult. If they use a simpler protocol or just a raw connection, that's even easier to handle.

    81. Re:What we want to know... by scdeimos · · Score: 1

      I'm right there with you, right up to the IP blocks.

      I can see what you're trying to achieve, but how many corporations have one and only one IP block? A lot fewer than those with multiple blocks, and certainly fewer than those who don't actually own their block(s) but lease it(them) from larger corporations. This kind of restriction would just make licence management more difficult and expensive for the software vendor, giving them yet another excuse to bump up buy prices.

      If we were to make an example of Microsoft as a vendor, corporations are often paying per-seat licences backed-up with monthly internal audits given to M$ (I work for one of them). M$ could achieve a goal similar to your IP blocks by keeping a list of unique (source) MAC addresses against each licence key whenever software looks for patches, say through Windows Critical Update. This tally can be checked against the licence fees coming in from the corporation with a polite "please explain" being sent to them in electronic form (along with the list of MACs for backtracking) in the event of excess tallies. The corporation should be able to come back with "we don't own these MACs" at which point M$ can disable automatic updates for those addresses.

      Using MACs instead of IP blocks (or addresses) has the added benefit of working for corporate notebooks roaming networks (people working between several offices), but could complicate issues on Terminal Servers. Suggestions anyone?

    82. Re:What we want to know... by Anonymous Coward · · Score: 1, Insightful

      and when i pirate it i get 0 error messages. sounds to me like pirating is better.

    83. Re:What we want to know... by Wolfrider · · Score: 1

      ---The original Battle Chess for DOS also did the manual-lookup thing, only it was kind of neat - they had you lookup a particular move in a grandmaster-recreation game.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    84. Re:What we want to know... by sweetooth · · Score: 1

      Unless it says up front in the license that the software may contact the publishers server they have no right to do so. If I purchased software that did so or had the capability to do so and it was not in the EULA or some other documentation I would no longer do business with that publisher. At that point it is no better than any other type of spyware.

    85. Re:What we want to know... by Anonymous Coward · · Score: 0

      This is what normally happens. You have one copy, after a while you figure out you'll need two. While waiting on the new licence to arrive (some companies have bureacracies you can't believe).

      So now your second copy calls home, although you have two perfectly legal licences.

    86. Re:What we want to know... by Anonymous Coward · · Score: 0

      How many "box" software apps really seem to use serialized-in-some-fashion registration keys besides games?

      I have wondered this for about 15 years why software that ships with mail-in registration cards do not have a spot to write in (or have already written in) the registration key you use to unlock the software, unless it is something you download from the vendor.

      Someone made a very rational argument that if software really were treated like physical objects, then perhaps their prices and policies would make sense. As such, if Microsoft needs another $100 million sales next quarter, they publish another 1 million copies of Office 2000 for a couple of million dollars.

      Since there is no scarcity factor built-in for mass market software, then it should be priced more like paperback romance novels, not hardbound first issues.

    87. Re:What we want to know... by Anonymous Coward · · Score: 0

      ...or laptops, because Mr. VP keeps breaking or losing the PCMCIA modem/ethernet combo card for his laptop.

      Again, what about laptops that will have a different /no MAC address when they dialup vs. hooked to the LAN?

    88. Re:What we want to know... by Anonymous Coward · · Score: 0

      ...At least for Macs, Adobe software had quite the interesting little thing as part of their installer that when you ran one of their apps, you could install it on multiple computers, but part of the app would run a program that would check your Localtalk network to see how many other computers were running the app at the same time. Built-in concurrent licensing conformance.

      With most other software, especially Windows software, you get a piece of paper authorizing you to install the app on X computers. There are no other technical means to try and enforce this in the software. You would think that someone could have come up with something...

      Remember when MS moved to enforce the 10-simultaneous network connections to NT4 Workstation because too many people were using it for server purposes?

    89. Re:What we want to know... by scdeimos · · Score: 1

      Yes we have a few of those VP's around here too, me thinks. :)

      I'm not sure there ever will be a 100% solution to be honest. When it comes to phone-home methods, 80/20 is still a lot better than nothing... you're always going to have people running "illegal" software on computers that are rarely or never connected to the Internet because they installed it from floppy, CD-ROM, etc.

      Maybe this was what M$ was trying to acheive with ASP (Application Service Providers as opposed to Active Server Pages) and Pay-Per-Use software in recent times - the software just won't work without 'net connectivity and some form of license validation.

    90. Re:What we want to know... by Tim+C · · Score: 1

      Well, if the app scans the local network for other copies of itself with the same serial number, surely those other copies would have to be running at the time?

      Isn't that exactly what you want - essentially, a floating single-user licence for the software. Try to run two copies at once, it bitches, but run one at a time and it's fine.

    91. Re:What we want to know... by mactech · · Score: 1

      Here's one from the olden days... (Windows users beware, Mac stuff coming)

      I had a demo of FoxBase for the Mac sent to me for eval. I noticed that none of of the menus appeared on the menubar but the command keys would work fine.Checking the program out with ResEdit I found that all of the menu resources had the preload bit turned off. Turning on the preload bit enabled all of the menus and turned the FoxBase demo until a full working version!

      Ahh, the good old days when the average programmer felt the rest of the world was still discovering how to turn the damn machine on!

    92. Re:What we want to know... by Anonymous Coward · · Score: 0
      If you don't use pirated software why would you even care about this?

      Because, fuckjoint, they may be doing far more nefarious stuff. Bastards like this would also comb your system for CC numbers, bank account numbers, etc.

      Since you're one of these shits who believe you have nothing to hide, would you be willing to have your paychecks sent to my house for forwarding to you after I've examined them to make sure everything's on the up and up? No??? But if you have nothing to hide, ....

    93. Re:What we want to know... by anonymous+loser · · Score: 1

      Most high-end software (e.g. engineering software) has what are called "floating licenses" for corporate and university LANs that accomplish this task in a much more structured manner than pinging every computer on the network looking for itself. In a typical setup it connects to the license server and checks out a license (like a library book), then when the application closes it checks the license back in.

    94. Re:What we want to know... by Anonymous Coward · · Score: 0
      So all suspects are guilty? That doesn't make any sense to me.

      It would if you lived in Soviet Russia.

    95. Re:What we want to know... by colinleroy · · Score: 1

      Personal firewalls (ie, firewalls that allow for application filtering as much as IP and port filtering) allow you to decide that your ftp client can access only the server you want it to access. It means you FTP client could not access its home unless you FTP to it yourself ;-)
      The FTP client example is not the best one though, as the bests FTP clients are either freeware (Leechftp) or open-source (ncftp, gftp)...

      --
      blah
    96. Re:What we want to know... by Anonymous Coward · · Score: 0

      Macromedia

    97. Re:What we want to know... by God!+Awful+2 · · Score: 1


      I can see what you're trying to achieve, but how many corporations have one and only one IP block? A lot fewer than those with multiple blocks, and certainly fewer than those who don't actually own their block(s) but lease it(them) from larger corporations.

      Ummmm... if we're talking about standard client software here, what about the ~90% of companies who run NATs with private addresses on their LANS?

      -a

    98. Re:What we want to know... by Cus · · Score: 1

      ...or there was always 'Lenslok' which was a fragile clear plastic lens that you held up to your screen and it decrypted a what looked like a precursor to the magic eye pictures into an alphanumeric sequence. That's if your publisher included the correct version of the Lenslock with your game of course. More details here

    99. Re:What we want to know... by Joe+Enduser · · Score: 1
      > Can Linux do this? - Yes

      Please, tell me more!

      Stateful packet filtering is great for incoming traffic, but I would love to have an application based firewall for outgoing traffic on Linux. I do not think that Firestarter does this kind of thing, or?

      cheers, Joe.

    100. Re:What we want to know... by Luminous+Coward · · Score: 1
      The problem is that while this monitoring is a good idea in theory, there are too many variables that would trigger reasonable doubt in court.
      Reasonable doubt? What did you do... Kill the developer?

      Only in criminal trials is reasonable doubt the standard of proof. In civil trials, a preponderance of the evidence is good enough (TM).

    101. Re:What we want to know... by Anonymous Coward · · Score: 0

      Amng many reasons why Linux is more secure for a desktop user is that a normal desktop user runing Linux has almost zero chance of double clicking on an atachment and hosing their system w/a virus.

      Did you ponder this question: Which is more valuable to such users, those precompiled binaries in /usr, which can also be found on their installation cd or many public servers around the world, or their work in their home directory?

      The same user running Linux has a chance of double clicking a perl script which wipes (or emails) out their home directory for them. The fact that it's not a publicized feature of the email program doesn't say it's impossible to make the program do it. Hackers find and fix bugs all the time, but how often do people really update their software?

      Have you pondered this question: Which is more valuable to such users, those precompiled binaries in /usr, which can also be found on their installation cd or many public servers around the world, or their work in their home directory?

      My main point is, actually, to make you aware that on different platforms, there are different ways to exploit the SAME user ignorance! Telling them that linux is more secure because they have less chance of viral infection will keep them ignorant and bring those problems to linux platforms.

    102. Re:What we want to know... by Simon+Brooke · · Score: 0, Offtopic
      If Linux is to succeed on the desktop, then third parties must be allowed to write closed-source applications for Linux.

      In whose interest is it for Linux to 'succeed' on the desktop? It may be in the corporate interest of companies like IBM, RedHat and SuSE, but it isn't in our interest. When Linux becomes just another mainstream operating system it will no longer suit us, and we'll all have to find something else (HURD, perhaps, or xBSD - I'm just starting an experimental HURD install).

      But no, my vote is that we do nothing whatever to encourage mainstream adoption of Linux. It is not in our interest.

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    103. Re:What we want to know... by LibrePensador · · Score: 1

      And why would that be? Oh, yes, who would want mainstream hardware support or mainstream application support? Who would want Linux to be recognized as a viable OS in educational setttings?

      --
      Pragmatism as an ideology is not particularly pragmatic in the long term. Keep it in mind when you dismiss Free Software
    104. Re:What we want to know... by Anonymous Coward · · Score: 0

      "I don't see how detecting a pirated copy is spying on a system. They should have the right to do that."

      Because if I used a third party control in one of my programs which could cause problems at my customers remote sites, which would involve a day or more of my time, with associated expenses such as train/car travel, hotel costs etc, to fix a problem which was caused by some undefined behaviour on the part of this control, I'd want to know about it. I could lose my job over it.

      And don't say `well, don't pirate software then'. This behaviour could result from something as simple as the end user putting the date forward/backward a year to simulate an `end of year` case, but which the control may consider an attempt to get around its security.

      The `email` part is worrying - what if the machine has a virus which is then emailed out to other people. Who is liable? I wouldn't want to have to find out the hard way.

      This isn't good enough. I want to know the publisher also. My company uses a lot of third party controls in its VB and C programs and we will NOT be using them. I might even go so far as to ensure all future 3rd party control suppliers explicitly give me assurance there is no such protection in its code.

    105. Re:What we want to know... by C_To · · Score: 2, Insightful

      I agree.

      Instead of lugging 10 CDs worth of games because each game requires a CD check, I find a no-CD cracked version of the game for my laptop. No point risking the loss or damage of the CDs when its entirely unnecessary (most games these days copy 90% of their data to the harddrive anyways, so swapping has no real purpose).

      Once again, game developers inconvienence legit paying users by putting them through this nonsense, while games get cracked regardless of the copy protection used anyways.

    106. Re:What we want to know... by qborg · · Score: 1

      You seem to have missed the point. There is a whole subculture surrounding Linux and some people wish for this not to change and wish to keep the romantic ideals of the community intact. Linux is recognised as a viable OS and is used in educational settings in case you hadn't noticed. I get what you are saying though ;)

    107. Re:What we want to know... by Anonymous Coward · · Score: 0

      That is almost as annoying as having to lift the lid on the dumpster every time you take the garbage out. Why don't you hotwire your car, do you won'y have to bother yourself with using the key in the ignition.

      Jeez...

    108. Re:What we want to know... by Anonymous Coward · · Score: 0

      Zonealarm has the same feature.

    109. Re:What we want to know... by Anonymous Coward · · Score: 0
      What if it's wrong? What if you really paid for the software and someone *else* cracked it and passed it around?

      Check the question again: the company sends the system administrator an email indicating their belief that an unlicensed copy is running on thus-and-so machine. That admin should 1) be interested in knowing whether one of his systems is truly running unlicensed software and 2) be able to demonstrate that the publisher is mistaken.

    110. Re:What we want to know... by yesod · · Score: 1

      Anyone remember the plastic lens that the Spectrum version of Elite used? Its described in Crash, but I can't find a picture of it.

    111. Re:What we want to know... by ericisbananaman · · Score: 1

      good call.. I did something similair using Kerio Personal Firewall... Free of the net for personal use http://www.kerio.com/kpf_download.html

    112. Re:What we want to know... by riko_at_anubics · · Score: 4, Informative

      iptables CAN create rules based on the application.
      --cmd-owner name is the option to do so.
      you can also make a rule based on uid.
      Of course you can mix things up, for example you can allow an app to connect to some ports rather than to some others.
      And of course an application cannot use port 80 (server socket) if it's not uid 0 or suid.
      For example
      iptables -A OUTPUT -p tcp --dport 80 -m owner --cmd-owner mozilla-bin -j ACCEPT
      iptables -A OUTPUT -p tcp --dport 80 -j DROP
      would let only mozilla connect to port 80 of a remote server.
      I can tell you: you have got no idea how powerfull is iptables!

      --
      I don't want to start any blasphemous rumors but I think that God's got a sick sense of humor. DM
    113. Re:What we want to know... by Anonymous Coward · · Score: 0

      And after you double-click on that perl-script, and it is opened in /bin/vi, how are you going to wipe out your home directory?

    114. Re:What we want to know... by Pharmboy · · Score: 2, Insightful

      I don't understand this hate against the publisher. I would think they are simply protecting their software. They are in no way harming legitimate paying customers. Even when phoning home about a pirated copy there is no harm, it is the pirate who is harming the publisher.

      So we should let the police search your home without a warrant? I mean, if you aren't doing anything illegal, it is in no way harming you, right? Or just allow them to put cameras in all homes (ala 1984) I mean, if you don't do anything illegal, why would you mind?

      --
      Tequila: It's not just for breakfast anymore!
    115. Re:What we want to know... by instanto · · Score: 0

      Same here.

      I have stopped purchasing retail games untill they remove the consumer unfriendly measures (cd in drive).

      I will buy a game regardless of the cd issue if it is exceptionally good though...

      --
      // instant - "I for one welcome our new Decaff Coffee-Flavoured-Coffee Overlords"
    116. Re:What we want to know... by Pharmboy · · Score: 1

      Can Linux do this?

      If not, Windows is more secure than Linux for a desktop user.


      Windows can not do this. It takes a seperate program to do this. Windows built in firewall can only ACCEPT or REJECT based on port. (maybe DROP but I doubt it)

      With IPTABLES, (which is actually built into the kernel) you CAN filter more than just ports. You don't filter by the name of the program, but you can filter types of packets and allow or deny according to rules. Its not the easiest to do, but there is probably a GUI program out there for Linux that makes it easy (i use Linux in init 3 mainly, so GUI apps are not my forte.)

      Oh yea, and the firewall in Linux is free, doesn't require licensing, works at the kernel level rather than the user level thus provides a slightly higher level of security and is much more configurable since it also allows for sharing an internet connection, with the shared connection having different firewall rules than the host computer. And you never see the pop up ads, like Zone Alarm, that recommend you upgrade to an expensive version. It just works.

      NOw, go crawl back under your bridge, you nasty little troll.

      --
      Tequila: It's not just for breakfast anymore!
    117. Re:What we want to know... by Anonymous Coward · · Score: 0

      I have boxes going back to the 80's. Sad, but true. I still have some 70's TI994/A software in boxes. Wow, that's really sad. Never mind. I never said it. I will just remain the anonymous coward.

    118. Re:What we want to know... by tf23 · · Score: 4, Funny

      If that's the case, and it' sending information back, then you need a better crack!

    119. Re:What we want to know... by Pharmboy · · Score: 1

      The 2.4+ kernel supports ipchains, but iptables is recommended and usually compiled in.

      Actually, a simple firewall is very easy in Linux using LOKKIT. Its installed with most distributions, and its pretty easy to use. Even if you dont run Xwindows lokkit has a console interface that is quite easy to use. If you get into complex firewalls for advanced routing, then lokkit isn't the cure all, but for most of us, its easy and effective.

      --
      Tequila: It's not just for breakfast anymore!
    120. Re:What we want to know... by Steve+Franklin · · Score: 1

      Does he have the right to peer in my window? Enough said.

      --
      Hic iacet Arthurus, rex quondam rexque futurus.
    121. Re:What we want to know... by Pharmboy · · Score: 1

      My main point is, actually, to make you aware that on different platforms, there are different ways to exploit the SAME user ignorance! Telling them that linux is more secure because they have less chance of viral infection will keep them ignorant and bring those problems to linux platforms.

      I agree with your point. People who don't understand Linux will often just say it is more secure, because "they heard it somewhere". The two main things that make Linux typically more secure is 1) most linux users are a bit more technically savvy and 2 ) most security exploits are written for Windows or Linux SERVER daemons that you normally don't run on a Linux desktop (bind and wuftpd come to mind) It also helps that the type of 'social engineering' you talk about WILL wipe out the user files and not the OS if you are not running as root, which is slightly better.

      5 or 10 years from now, people may be preaching how Windows is more secure because, then, most of the exploits may be aimed for Linux (assuming windows dips to 50%), using the the same flawed logic.

      Until then, for absolute 100% protection from all viruses and exploits, I would suggest people just unplug their computers and go outside.

      --
      Tequila: It's not just for breakfast anymore!
    122. Re:What we want to know... by shaitand · · Score: 1

      "The same user running Linux has a chance of double clicking a perl script which wipes (or emails) out their home directory for them. The fact that it's not a publicized feature of the email program doesn't say it's impossible to make the program do it. Hackers find and fix bugs all the time, but how often do people really update their software?"

      Incorrect, there is no distribution that I'm aware of in which you don't have to explicitly give execute permissions to a file to make it execute.

      If I however I go about it download file x which is a perl script, email or via a link. Double clicking on that file in the gui will open it in a text viewer or editor, or else ask what application to use. Since it doesn't have execute permission it's treated as data... along with any other binary you download. The file either must be right-click properties modified to be executable, or chmod'd. After that it can be double clicked, but that makes for a CLEAR distinction that guarantees you MUST know the file is going to be executed.

    123. Re:What we want to know... by shaitand · · Score: 1

      "Some of the appz/games in stores get cracked and put back on shelves. It happens all the time. And how many of you keep your sales receipt, box or even CD? I have software running that is paid for but I don't have evidence that I bought some of it; I still have a right to run it."

      I assume you mean like shareware you have to buy? Well no, if it was cracked you don't have a right to run it, sorry buddy..

    124. Re:What we want to know... by Miksa · · Score: 0

      There was also Leisure Suit Larry 2, I think, that showed a picture of a woman and you had to check her name from the manual. Unfortunately my manual was a bad quality photocopy, so identifying the correct woman wasn't always trivial =(

      --

      Begging for modpoints since '03
    125. Re:What we want to know... by shaitand · · Score: 1

      The purpose of a key in a car isn't to keep the owner out. It's so the owner can make sure only the people the OWNER wants can get in or drive away.

      This is a way of making sure the owner has to buy a new copy (cd protection is ridiculous and even the game manufacturers know it doesn't stop pirating) if the cd gets damaged or lost. The costs they charge for replacements generally run too high to be worth paying.

    126. Re:What we want to know... by xThinkx · · Score: 3, Informative

      You're wrong, for several reasons.

      "if they choose to contact the individual or institution and there was just a flaw in the code that made it think that it was cracked when it was infact legit, all the acused would have to do to clear their name is prove that they have a legaly purchased copy"

      In the US, we have a "innocent until proven guilty" court system, where the burden of proof is not on the accused to prove they are innocent, but on the accuser to prove that they are not. Secondly, it might not be that easy for a user to prove they have a legit copy. A few examples of this would be if the user's machine was compromised, and the key stolen and distributed, or if the user was part of a large corporation and had no idea of anything to do with the installation of the software, or if the user had bought a used computer with the software already on it.

      "it's not like it gives out top secret information"

      Again, wrong. RTFA, "The message goes on to detail the users IP, a timestamp, the product in question, the users PC name, username, and MAC address. " This information could be VERY harmful in the wrong hands. With a known IP, timestamp, PC name, username, and even MAC it is now very easy to locate a user's physical location within an organization. With some social engineering and a bit of luck, you can now do all sorts of nasty things (sneak a keystroke logger and BOOM, they're 0wn3d!) to someone. Also dangerous, since MACs are bound to the hardware, if someone could reverse lookup a certain piece of hardware bound to a MAC and then find a vulnerability in the hardware, they're in. And since I doubt this information is encrypted, and since it is obviously sent over the public internet, the right person sniffing the right packets can now grab all of it.

      More importantly, I doubt that this "feature", if you can call it that, is well publicized. This is very important because without knowledge of such practices it could be hard for a sys/netadmin to account for the grossly insecure transmissions.

      --
      Let's get one thing perfectly clear, I did not vote for George W Bush, and I do not endorse what he does or says.
      "
    127. Re:What we want to know... by Miksa · · Score: 0
      So we should let the police search your home without a warrant?


      No we shouldn't, but the company isn't doing that. They only have a software that knows when it has been stolen and can then phone home with enough info for the police to get the search warrant. I consider this system similar to property with tracking devices, for example cars that have GPS and send their location to the police when they have been stolen.

      My view has always been that, when I use pirated software, mp3s or movies I have given up all right to whine if I get caught. I just don't intend to get caught, same thing as with physical property I might have stolen.
      --

      Begging for modpoints since '03
    128. Re:What we want to know... by Rich0 · · Score: 2, Interesting

      Too lazy to look up the docs...

      Will the --cmd-owner option allow a full path to the executable. I would like /usr/bin/mozilla-bin to be able to browse the web. However, /home/user2/fancygame/spytrojan/mozilla-bin probably shouldn't be able to. I can call anything I want mozilla-bin...

      It would be nice if somebody wrote a nice front-end (a la Tiny Personal Firewall) for getting application permissions set up initially. I don't have time to try to guess what applications on my workstation need to connect to where. Sure, there is netstat -tnp, but that doesn't show you the program that you only run once a week and aren't running at the moment...

    129. Re:What we want to know... by hesiod · · Score: 1

      > A) You aren't paying for the software anyway so the publisher can't really lose business.
      > or
      > B) You aren't being spied on.

      Not quite. You ARE being spied on regardless of whether it's cracked or not. It only reports back if it finds something worthy of reporting. It presumes guilt.

    130. Re:What we want to know... by Toirdhealbhach · · Score: 1

      Guys, guys.

      I think you're hitching on the difference between "not guilty" and "innocent." I'm no lawyer, but I would say that the atrny gen's quote assumes that "innocent" is completely not implicated, and "not guilty" is implicated but proven free of wrongdoing.

    131. Re:What we want to know... by Gonarat · · Score: 1

      Actually, it is more like having to call the Garbage Company every time you want to put trash in the dumpster so that they can make sure that you are authorized to use that dumpster. Doing the CD shuffle is bad enough if your computer is a desktop and the CDs are right there, but it is a big PITA if you have a laptop. You have to carry every CD for every game/app that you want to use, and of course Murphy's Law states that the one game you really want to play will be the one where you left the CD at home. Or worse, you will lose the CD while on the road....


      --
      Beware of Sleestak
    132. Re:What we want to know... by MMaestro · · Score: 1

      Actually my brothers and their friends found and EXTREMELY easy way to read through those. If you use anything that was red tinted and could be seenen through, it would filter out the burgundy red and let you see the blue text under it. It would still hurt your eyes with all the red but its better than bordering blindness squinting your eyes.

    133. Re:What we want to know... by metamatic · · Score: 2, Interesting

      Norton Internet Security lets you block based on content. So you can, for example, block any TCP/IP connection which includes your MAC address.

      Of course, they could always encrypt it, but then you could block encrypted (i.e. not FTP-like) traffic.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    134. Re:What we want to know... by riko_at_anubics · · Score: 2, Insightful

      you can specify things with paths (up to 16 chars), but it does not work one would expect. In fact it matches the string with which the process is known to the system, so if you give full path, the program won't be recognised...

      for example if you ps ux, you get /usr/lib/mozilla/mozilla-bin (this is the actual path on Debian), because the script /usr/bin/mozilla calls it that way...
      But if you run
      $ links
      the name of the program is links
      if you run
      $ /usr/bin/links
      the name is /usr/bin/links

      and for example if you allow mozilla-bin, /usr/lib/mozilla/mozilla-bin is also allowed...

      This is the code which gets the string from the options

      #ifdef IPT_OWNER_COMM
      case '5':
      check_inverse(optarg, &invert, &optind, 0);
      if(strlen(optarg) > sizeof(ownerinfo->comm))
      exit_error(PARAMETER_PROBLEM, "OWNER CMD `%s' too long, max %d characters", optarg, sizeof(ownerinfo->comm));

      strncpy(ownerinfo->comm, optarg, sizeof(ownerinfo->comm));

      if (invert)
      ownerinfo->invert |= IPT_OWNER_COMM;
      ownerinfo->match |= IPT_OWNER_COMM;
      *flags = 1;
      break;
      #endif

      i think to allow bigger names is a matter of resizing an array.... but to have it recognizing programs, I'm afraid you have to hack, i think it's not a matter of manipulating strings...
      of course we cannot just force people to call programs with full path...

      About already existing solutions,
      Don't forget you can also check PID's,
      you can check where an executable lies...

      if what you are trying to say the whole thing is not easy for the inexperienced user, then you are right.

      The point is that developers and distros will solve the problem when the problem will present.

      with Debian i did not even allow my system to run non-free software. There is no point I should check for spyware.

      Of course there will be need for it, when there is be a lot of non-free software for GNU/Linux (which is something I hope won't happen, since it means that in some way free software developers failed) some programmers will team up and solve the problem.

      By the way if you want to start a project to code "the nice front end", I have got some spare time.
      If you don't and some others would like to, I think we could do it...
      You can mail me.

      --
      I don't want to start any blasphemous rumors but I think that God's got a sick sense of humor. DM
    135. Re:What we want to know... by shrikel · · Score: 1
      But the thing is, you don't have many suspects who are innocent of a crime. That's contradictory. If a person is innocent of a crime, then he is not a suspect.

      This, semantically, is the same as saying "We rarely or never misplace our suspicion."

      How self-righteous is that?

      --
      Any sufficiently simple magic can be passed off as mere advanced technology.
    136. Re:What we want to know... by GlassUser · · Score: 1

      You should go crawl back to school. The user knew perfectly well that he was talking about the IPSec network filter in NT. It runs in the kernel, filters by protocol, port, source, destination, and quite a few other options, is part of nt, and is quite free.

      YOU go back in your hole.

    137. Re:What we want to know... by Amer · · Score: 1
      I think you missed the part where he said he paid for the software.

      I have software running that is paid for

      I guess that gives him the right to run it...
      --
      -- To gain that which is worth having, it may be necessary to lose everything else. Bernadette Devlin McAliskey
    138. Re:What we want to know... by SouperMike · · Score: 1

      I actually like the old SimCity's copy protection method the best. A bunch of cities, coded with VERY odd symbols, on a red piece of paper (so it couldn't be photocopied.) It asked you to enter the city and population. Ingenious.

    139. Re:What we want to know... by bhalter · · Score: 1

      I hate to bring this up but in a corporate environment its not practicle to use THE serial number that came with every copy of a piece of software. As a sysadmin turned developer I'd have to say the 112-1111111 thing works pretty well. We have licesnses for all our copies of windows but when trying to get someone's PC up and running again finding the particular serial# for PageMaker or Windows or what not that came with their system isn't all that practical

    140. Re:What we want to know... by Anonymous Coward · · Score: 0

      I think that just goes to show you that crackers have there job laid out for them today. Software is going to get more sophisticated all the time and cracking this kind of stuff just goes with the territory. If you want good software for free your going to have to learn to check for this kind of stuff as well.

    141. Re:What we want to know... by werfele · · Score: 1

      I find the idea that people who are found not guilty should be subject to a lingering taint is about as outrageous as any interpretation I can come up with.

    142. Re:What we want to know... by hetairoi · · Score: 1

      I'm confused as well. I mean, how exactly does one 'crack' a cd? I can install the game and then crack it, but the cd remains unblemished. Back in college I worked at the local chain video game store, and sure, I had a copy of everything I wanted, but my copying and cracking games had no effect on a customers purchase.

      Now, if your talking about purchasing software that has been cracked and then burnt to cd, well, that's receiving stolen property (i think). You can't have someone steal a car for you, then pay them for it and say you are the owner because you paid for it. You wouldn't have the title to the car, just like when you purchase pirated software you wouldn't have a valid license.

      --
      you're all figments of my deranged imagination
    143. Re:What we want to know... by zzub · · Score: 1

      Hmmmm,

      Publisher: Hello. The software you installed on your machine told us that you have unlicensed software running on your system.
      Pirate: Oh, is that so. So your software is spying on me eh? Well then I'll take my 'business' elsewhere.
      Publisher: Thank you, have a nice day. (mission accomplished)
      -=-

      --
      -=-
    144. Re:What we want to know... by Zeriel · · Score: 1

      OTOH, the added trouble of piggybacking on IE's API means that anyone whose personal firewall authorizes IE traffic also authorized the spyware by default.
      You'd be surprised how much spyware does this.

      I ran a test about three years ago with some various shareware programs and ZoneAlarm, which ended up revealing that IE would request internet access when I was happily browsing with Mozilla and reading e-mail in Eudora (with "microsoft preview pane" disabled, thank you).

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    145. Re:What we want to know... by Whyzzi · · Score: 1

      You mean ipfw, see the Personal Firewall heading on this page.

      If they switched pf, I sure hope that they update their product information soon and contribute to the project by purchasing a cd.

      --
      "BSD is about people pissing each other.." (Moid Vallat)
    146. Re:What we want to know... by Zeriel · · Score: 1

      I think just about every DOS and Win3.1 chess game did that. =P Certainly everything in the Sargon series did (I had all of 'em, including Sargon III which had a neat feature where you could watch the computer parse through the move look-up tables in human-readable speed).

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    147. Re:What we want to know... by Fulg · · Score: 1

      [...] odd symbols, on a red piece of paper (so it couldn't be photocopied.)

      Ah yes, I remember those. Sometimes those things were damn hard to read too.

      I had a friend who had one of those black and white handheld scanners by Logitech (ScanMan I believe), which conveniently used red light. Scan, print, and voila :) Instant readable code sheet.

      --
      gcc: no input sig
    148. Re:What we want to know... by paroneayea · · Score: 1

      But is it just me, or is there a huge amount of irony here? This is practically cracking into a person's computer to make sure they aren't doing any cracking. Whoo, that makes a lot of sense there.

      --
      http://mediagoblin.org/
    149. Re:What we want to know... by alonsoac · · Score: 1

      I think the issue is that while I would mind someone comming to my house even to take a peek, I don't seem to care if a program checks wethere it is legally installed, as long as that is all it checks.

    150. Re:What we want to know... by Anonymous Coward · · Score: 0

      Umm, you should also be allowed to have it installed on multiple computers as long as you only use it on one at a time.

    151. Re:What we want to know... by Anonymous Coward · · Score: 0

      So, If a bank robber is in the commission of a crime, actually robbing a bank, then he is innocent.
      This software is the equivalent of a bank alarm.

    152. Re:What we want to know... by phorm · · Score: 1

      If Linux is to succeed on the desktop, then third parties must be allowed to write closed-source applications for Linux

      They can, and do. Remember, the GPL doesn't state that using GPL'ed code automatically requires you GPL your app - just that you make visible the GPL code you used. Modular programming would work nicely with this.

      In that case, a vendor very well could include spyware, and being able to block just that application would be very nice.

      Yes, but if you think that this practice gets flamed in the real world, just wait until you see it in the linux world. Also, I believe that IPTables can block by application and/or running UID/GID, just not when the originating app is on a different machine (no way to tell what app is accessing what port/etc).

      Of course, the arguement against closed-source software is the same: Bad upgrade reponse; you can't debug it youself in the case of a problem; and you're S.O.L if the source company goes out of business.

    153. Re:What we want to know... by theTerribleRobbo · · Score: 0

      Could something be implemented with MD5 hashes, ala TPFW (as you mentioned)?

    154. Re:What we want to know... by Pofy · · Score: 1

      >Well no, if it was cracked you don't have a
      >right to run it, sorry buddy..

      Where does this "right to use" that pops up all the time come from? What makes people think that one need some permision to "use" something? I can't tell for every country in the world, but in most you don't need any special permision to use anything, nor does the law say so either. There is no need for a permision to use a car, use a book or anything else. Of course, if the car is not yours, you might be accused of stealing the car for example, but the actual USE is not a crime. Same with a book, READING a book is never a crime. Assume someone leaves a book open on the street, you pass by and read it (without picking it up to avoid issues like stealing and such), that is not a crime nor a violation of any law, not even copyright law).

      Using some software is simimlar, you can't be accused of "using" it, since there is no law preventing that. You can be charged of theft if you walk into a store and grab a copy of it, but the theft is the crime, not running the program afterwards. Similary you can be accused of copyright infringement if you copy some program in violation of copyright laws, but then running that copy is not in itself an infringement or prevented by copyright laws (or other laws).

      For some strange reason people seem to think though that one need some special sort of permision to "run" a program though, wonder where this comes from.

    155. Re:What we want to know... by Pofy · · Score: 1

      Even more silly is the CD check on some dictionaries. I relative of mine works with translations and has several legitimate bought copies of dictionaries he wants to use. The probelm is, each one requires the CD to be inserted to work. SO if he want to look up some word in the dictionaries, he has to sit switching CDs 3 or 4 times to look it up in each one (or if he have been using some other CD in-between writing). Obviously that is redicilous and doesn't work! Seems the ones making them doesn't understand the problem though.

    156. Re:What we want to know... by WNight · · Score: 1

      The lid on the dumpster is to benefit you, by keeping water and animals out. The ignition on your car is to keep thieves from taking YOUR car. Need I go on?

      You probably wouldn't accept it if I modified your computer to ask for a CD (different for every program) for IE/Mozilla, Notepad, Explorer, etc. Why is it okay with games? How about if you had to fetch the activation key to get your toilet lid up? Lost the key? Hope you can hold it...

      I've got over a hundred games, from Q1 to Morrowind, and they're take almost a full CD binder. I can't just click on an icon to run a game, I have to pull the binder out, flip to the right CD, swap it with the one in the drive, and put the book away. Then if I want to play something else I have to do the same thing again. So it's no wonder I crack them all. I paid for them. I *own* my copy. I want to play them, when, where, and how I want.

    157. Re:What we want to know... by Echnin · · Score: 2, Insightful

      Why do I never have mod points when I need them? PLEASE, someone mod the parent post up. It is a FACT that it is very often EASIER to pirate than to buy legally. Myself, I've got legal copies of Nero, PowerDVD and other programs, but I pirate them because it's easier.

      --
      Lalala
    158. Re:What we want to know... by Rip!ey · · Score: 1

      I recently downloaded the 4.2 update to Winroute, a good quality product that is now under the control of Kerio. In the EULA you will find the following.

      "The producer or distributor are allowed to check the legality of the software use by technical means."

      I'm guessing it phones home. Don't jump up and down over how good Kerio is. They do exactly what the article refers to themselves.

    159. Re:What we want to know... by hlygrail · · Score: 1

      But wait! You're forgetting CODE WHEELS!!

      Believe it or not, I was cleaning out my office last weekend and came across a folder of "stuff" from ages gone by -- code wheel photocopies, code-lookup charts, hand-written codes from those pages you couldn't photocopy, etc.

      I'm not sure which is worse -- code wheels or having to stick the CD in all the time?

    160. Re:What we want to know... by Rip!ey · · Score: 1

      Except with Linux you don't have to worry about things like this. The code is there to be viewed by a billion eyes.

      If I remember correctly, was there not a case where a particular modified compiler was capable of recognising certain source code for what it was, and adding in additional code during the compile. I also seem to remember a program that could output its own source as a partial 'proof of concept'.

      No matter how many eye's view a programs code, finding a vulnerability introduced in such a way would not be easy.

      Having a program open source would also make this easier to do.

      A billion eyes will never find that which they cannot see.

    161. Re:What we want to know... by poot_rootbeer · · Score: 1

      That line wasn't in the English section of the EUL? Tough Titty! You clicked - You agreed - You entered a legal agreement -- You now owe!

      Do you honestly think that any court in the English-speaking world would uphold a license clause that's not written in English?

    162. Re:What we want to know... by Rich0 · · Score: 1

      I'd think that would be easy. Perhaps easier than the kernel hack to add full pathname support to the filter.

      I beleive /proc/pid has a symlink in it somewhere to the actual executable (sorry - no linux at work so I can't verify before this thread drops into oblivion). When a process wants to connect to a site you could just md5 /proc/pid/linktoexec. Ideally you should cache the approval somewhere so the next connection doesn't trigger another check, but that might not be easy - what would you use to lookup whether it passed or what the md5 was? You could use pid, but that could get recycled if you had a long uptime. Is there an easy way to ask the kernel whether process 1234 right now is the same process as 1234 was three weeks ago?

    163. Re:What we want to know... by mfrank · · Score: 1

      In the Hacker's Dictionary, they talk about an OS that was delivered with its source; the programmers wanted a back door in it so they made the compiler so it would recognize when it was compiling the OS and it would put in the back door. They also had to deliver the compiler source, so they also modded the compiler so when it recompiled the compiler it would put in the hidden compiler code.

      They don't talk about what computer/OS this was, though.

    164. Re:What we want to know... by mfrank · · Score: 1

      Plenty of reasons to want Linux to succeed on the desktop.

      1) If Linux has good market share, popular games and other applications will be released on Linux.

      2) Increased viability of open file formats (OGG, etc.).

      3) Microsoft locking down the world's computing platforms with Palladium a lot less likely.

      4) Companies/sites that use non-standard HTML, etc. on their web sites will have a lot of people complaining.

      If it ever gets to the point that a Linux box can't interface with a lot of the sites on the net because of proprietary interfaces, you'll be wishing Linux would have succeeded on the desktop.

    165. Re:What we want to know... by Pharmboy · · Score: 1

      I think the issue is that while I would mind someone comming to my house even to take a peek, I don't seem to care if a program checks wethere it is legally installed, as long as that is all it checks.

      That is the problem, once they have a foot in the door, acceptance of software spying on you, then it doesn't stop. What if they decide to also gather info on the types of files you manipulate, to "offer you deals" on other products? Sounds innocent enough, but its not since you don't know what they are doing with the info, or who is seeing it. What about the recent debacle with Turbo Tax? That was minor compared to this: it just wouldn't run.

      The other problem is legally using fakecd programs so you don't have to have the disk with you to use it (I am on my laptop now, as I usually am when I am /.ing) Not convenient.

      A seperate point is this: I DO install software on my laptop and my desktop because I have to use it in the field. This is like the old "book" license, that some software used to have. You can put it on two computers as long as you are only using one at a time. Even MS Office lets you do this. Some software considers this as pirating, even tho I am the only one using it. If I can't do this, legal or not, I will change software. There are few programs I need that there are no alternatives to. Even GIMP is catching up to Photoshop.

      --
      Tequila: It's not just for breakfast anymore!
    166. Re:What we want to know... by shaitand · · Score: 1

      refer to other reply, paying for pirated software doesn't give you the right to run it.

    167. Re:What we want to know... by shaitand · · Score: 1

      Congratulations, your anal. In any case, if you buy a pirated cd, all the same legal issues apply as if you downloaded it off the web. It does not magically become ok because you bought it.

    168. Re:What we want to know... by codeguy007 · · Score: 1

      Dismissing Linux as safe because there currently is no real spyware out for the Linux desktop does not really address the question. Assuming there were, it would be nice to be able to block just one application. Blocking a port would not be enough (since it could just use 80, then no web browsing for you...). Blocking an IP is the obvious "right way" but it still might not be the best solution if that cuts your off from the webpage or other important service.


      Hmm, you do realize that outgoing HTTP requests do not normally use port 80? They connect to port 80 on the other end maybe but they originate for a port other than port 80.

    169. Re:What we want to know... by _xeno_ · · Score: 1
      Yeah...

      We're talking about spyware here, and it would be reporting back to a server. So, it would originate a request (And why not an HTTP request? HTTP is pretty simple, and there's so much software dedicated to it.), so if you were going to try to block its port, you can't if you want other things to access that port. (Ah, the accidental iptables rules that dropped all SYN packets, in or out; later corrected to drop all incoming SYN packets; later corrected to drop only incoming SYN packets and not SYN/ACK packets...)

      Of course, most spyware probably just trys to connect back to a given site. Assuming the IP remains static... or can you block based on a DNS name? (Block all outgoing to evilspyingbastards.example.com?) I haven't played around with iptables/netfilter in a while. So you can probably just block that site and be OK.

      But who knows? It just ups the ante for spyware makers...

      --
      You are in a maze of twisty little relative jumps, all alike.
    170. Re:What we want to know... by yerricde · · Score: 1

      If you did not agree, and you signed the contract anyway, then you committed fraud.

      --
      Will I retire or break 10K?
    171. Re:What we want to know... by EtherealSys · · Score: 1

      In many of those apps, you can setup a trusted and public networks via ip, and port. The simplest solution is to give the application access to a defined trusted network only. That way it can't "phone home", but you can still upload pictures of your dog/girlfriend/grandmother to your website.

      --

    172. Re:What we want to know... by Jeremiah+Cornelius · · Score: 1

      Yeah... ipf, not pf. Same smell.

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    173. Re:What we want to know... by Reziac · · Score: 1

      I don't remember the details, but there was an early version of dBase (back in the everything-ran-off-floppies era) where if the user made a particular mistake (something trivial like try to read from the wrong floppy drive) the dBase floppy irrecoverably erased itself, because it then believed it was "pirated".

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    174. Re:What we want to know... by Reziac · · Score: 1

      Or equally bad, find the loose scrap of paper that came with the game, and decide which poor drawing of some obscure type of cheese the fuzzy image onscreen most nearly resembled. (Yes, that one is for real, tho I can't remember if it belongs to Welltris or the Monty Python game.)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    175. Re:What we want to know... by Reziac · · Score: 1

      Oh, and then there was some commercial Wolf-3D add-on, which demanded both the original CD and some gibberish from the manual. But the manual was a reprint and the page/word count apparently didn't match the original. That's one I wish I hadn't bought -- never got to play it.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    176. Re:What we want to know... by Reziac · · Score: 1

      Back in the Win3.1 era, there was some app I had both an old and newer version of, and if both version were installed, even tho both were legal neither would run, claiming "an illegal copy is present". Apparently this braindead scheme only looked for the .EXE name, and considered any match to be sufficient evidence of piracy.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    177. Re:What we want to know... by Pofy · · Score: 1

      >Congratulations, your anal.

      Whatever. I'll refrain from such language.

      >In any case, if you buy a pirated cd, all the
      >same legal issues apply as if you downloaded it
      >off the web. It does not magically become ok
      >because you bought it.

      I never said that. However, the actual USE of it, is not the issue. It would be the buying or downloading of it that would be a problem. Also, when you buy it, you have an additional element of a purchase which you don't have while downloading. It is also the one selling it that are the one commiting the copyright infringement, not the buyer. The buyer isn't compying, selling or distributing the copy made, the seller is.

    178. Re:What we want to know... by Goldberg's+Pants · · Score: 1

      Maybe so, maybe no. There are options to turn OFF autoupdating, and since Kerio Personal Firewall is FREE, it's not like there is any legality check.

  2. SCO OpenServer by SHEENmaster · · Score: 5, Funny

    So that's why my copies of OpenServer and UNIXWARE keep pingflooding kernel.org...

    --
    You can't judge a book by the way it wears its hair.
    1. Re:SCO OpenServer by GigsVT · · Score: 5, Informative

      You're joking, but SCO OpenServer does actually scout your network for other unlicensed copies of OpenServer and other SCO products. As far as I know, it just causes an output to console every few minutes warning you of the unlicensed software.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:SCO OpenServer by King_TJ · · Score: 1

      That's not too uncommon.

      Microsoft Office X for the Macintosh goes out over the local LAN and makes sure no other Macs on the network are running Office X with a matching registration key.

      Cheyenne's ArcServe product does this too, last time I worked with it. It even checks your WAN for installations at remote sites that are sharing the same license key, and keeps popping up warning dialog boxes to that effect if it finds any.

      Quite annoying and intrusive, and makes me want to choose alternate products when it happens - but still not as bad as reporting IP info to the software publisher via the Internet!

    3. Re:SCO OpenServer by Robber+Baron · · Score: 2, Insightful

      Well that's a pretty sucky way of doing things! I'm glad I don't administer Macs! Rather than letting me just crack open one copy, leaving the rest in a filing cabinet somewhere, then load the install files onto a server and install from there, there going to make me open every bloody box and run the install locally? That sucks! I know I've got licenses for every computer and can produce them if need be, why should they care where the source comes from?

      --

      You're using her as bait, Master!

    4. Re:SCO OpenServer by cmdrbuzz · · Score: 2, Informative
      Well this only applies to single user licenses, which are NOT allowed to be shared.

      The multiuser / site licenses don't check for duplicates.

    5. Re:SCO OpenServer by cmdrbuzz · · Score: 1

      And NetWare 3/4 (dunno about 5 and 6) will broadcast a message every minute to all connected users
      if it discovers that a duplicate serial number (embedded in server.exe) is located.

    6. Re:SCO OpenServer by Suppafly · · Score: 2, Insightful

      Well that's a pretty sucky way of doing things! I'm glad I don't administer Macs! Rather than letting me just crack open one copy, leaving the rest in a filing cabinet somewhere, then load the install files onto a server and install from there, there going to make me open every bloody box and run the install locally? That sucks! I know I've got licenses for every computer and can produce them if need be, why should they care where the source comes from?

      You're being lied to by people who don't know what they are talking about.. the corporate versions of said software don't have the same restriction and don't even require a serial number at all.

      If you are trying to install a single user copy on 50 computers on the same network without buying the corporate edition, you deserve to have problems.

    7. Re:SCO OpenServer by suwain_2 · · Score: 1

      I hear older versions of Photoshop did the same? Actually, I've noticed blinking network lights when I start Photoshop, too. Makes me wonder... :)

      --
      ________________________________________________
      suwain_2 :: quality slashdot p
    8. Re:SCO OpenServer by tupps · · Score: 1

      This is actually part of the Appletalk protocols. I believe there is a licensesing protocol. Photoshop 3 & 4 used to do the same thing.

      --
      Go out and get sailing!
    9. Re:SCO OpenServer by tupps · · Score: 1

      The media isn't licensed, it is the key on the outside of the box. You would have a similar problem if you put consumer version of Office XP on your machine. Each one would phone home to MS and if the key had already been used then it would be invalid and you would have to call MS to get it activated.

      --
      Go out and get sailing!
    10. Re:SCO OpenServer by Maserati · · Score: 1

      They sure did. I "ran" a media lab at a university for a couple semesters, and the department just wouldn't spring for more than one copy. So students would turn Appletalk off and fire up Photoshop (4.0 if memory serves, these were 6100s). Then they'd try and print and come crying.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
    11. Re:SCO OpenServer by Anonymous Coward · · Score: 0

      Hey, here's an idea! Why don't you pay for the second copy and make it legit? I'd bet those popups will go away.

    12. Re:SCO OpenServer by Robber+Baron · · Score: 1

      Nope. I've got a copy of Office XP that doesn't require activation. That's what I use if I have to install XP. Also M$ added activation to newer editions of 2000, which I found out when one of my clients bought a bunch of new computers. No prob...I just took one of their older copies which was sans activation and threw it up on the server, and ran my installs from there.

      Like I said, it shouldn't matter if I have one install or 50 with the same serial as long as I have the licences to back them up. It's none of their frigging business what goes on on my networks and if ever I find out there's an app trying to phone home to mama, that IP is going to get blackholed.

      --

      You're using her as bait, Master!

    13. Re:SCO OpenServer by tupps · · Score: 1

      My guess is that the copy of Office XP you have is one of the corporate versions. All of our Office XP have required activation (small company) and my MSDN version requires activation on each computer I use it on. We just moved a hard drive from a dead notebook to a desktop and had to reactivate office XP. I agree it is none of their business and I think you will find as this sort of thing increases people will look more and more to products like openoffice etc which aren't as restrictive and do everything that the user wants (eg write a letter simple spreadsheet)

      --
      Go out and get sailing!
    14. Re:SCO OpenServer by f0rt0r · · Score: 1

      I agree, it must be a Corporate edition. The company I work for has a small group of people who build disk images ( ghost ) at a central location and then
      everyone else nation-wide copies those images and build their computers ( software setup ) from them. This makes sure everyone is on the same sheet of music and that the setup employees use has been thoroughly test to reduce maintenance requirements. Heh. that was a mouthful.

      Btw, one of my previous employers did the same thing you did. They would buy a 50 copies of an application, put the originals in a storage room. Then install the software to 50 computers over the network, writing down the name of each person who had a copy to ensure license compliance.

      --
      I can't afford a sig!
    15. Re:SCO OpenServer by stinky+wizzleteats · · Score: 1

      You're being lied to by people who don't know what they are talking about.. the corporate versions of said software don't have the same restriction and don't even require a serial number at all.

      In the case of Arcserve, if you only need a single server license, you must tolerate spyware features. The corporate license is considerably more expensive. The fact that being free from spyware is a value added software feature does not make the grandparent a liar.

  3. Depends on how you look at it I suppose. by ShadowBlasko · · Score: 4, Interesting

    Its been going on for quite some time now.

    You use the illegal software, I don't see any reason why someone who's life work might involve *writing* said software would not want to catch you pirating/using is Illegally.

    I'n not all that sure how I feel about the users computer information being fired off in an email, but I have always considered that a possibility in the past. Seems like I was right.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order- Ed Howdershelt Via Tass
    1. Re:Depends on how you look at it I suppose. by Col.+Klink+(retired) · · Score: 5, Insightful

      > You use the illegal software

      But doesn't this imply owners of the legal software are also being spied upon?

      --

      -- Don't Tase me, bro!

    2. Re:Depends on how you look at it I suppose. by Anonymous Coward · · Score: 0

      The user, by running the program with their "rights" gave it the information. It lowjack for software, or a clear celophane bag skimask substitute. If you're going to cheat, it's always best to do so surrepticiously. They let this happen.

      It's as if they were working on a stolen car in their open garage, and then a cop happens to find out it's stolen. If your company policy is to run pirated software as part of phase 2, put it on a subnet where it can't get out. (Might not be bad to start looking for a new job once you make that discovery too.)

    3. Re:Depends on how you look at it I suppose. by reidbold · · Score: 0

      No, though I didn't rtfa, the little snippet says only when the software thinks it is cracked.

      --
      -Reid
    4. Re:Depends on how you look at it I suppose. by Anonymous Coward · · Score: 0

      And what if the software is mistaken?

    5. Re:Depends on how you look at it I suppose. by John+Seminal · · Score: 1, Insightful

      I think it is wrong to monitor end users. When I buy a copy of Word or Office, I should be able to instal it on every PC I own. If they are now monitoring my PC then they have crossed the line. I would like to see a civil liberty group file a lawsuit. What is next, call the local police in Alabama to arrest someone for watching what they consider obscene, the same item which might be fine in New York?

      --

      Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    6. Re:Depends on how you look at it I suppose. by spacecowboy420 · · Score: 2, Funny

      uhh, there is no article to read - it's an ask /.

      --
      ymmv
    7. Re:Depends on how you look at it I suppose. by Anonymous Coward · · Score: 0

      That was possibly the worst comparison ever on slashdot. You simply don't have the right to have more than one working install in use at a time unless you have more than one license. Sue away.

    8. Re:Depends on how you look at it I suppose. by reidbold · · Score: 1

      Ah, even better, then the article is me=].

      --
      -Reid
    9. Re:Depends on how you look at it I suppose. by Pieroxy · · Score: 1

      If it is illegal for a software to "spy" some personnal infos, then it is certainly illegal to do it even if the soft "believes" that it is pirated.

      No matter what.

      The real question is: "Is it illegal for a software to spy your infos and email them?"

      My E.02

    10. Re:Depends on how you look at it I suppose. by afidel · · Score: 1

      It is in the EU, so if the software house in question does any business in the EU they will need to remove this feature or face stiff penalties and fines including the possibility of halting of all EU business.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    11. Re:Depends on how you look at it I suppose. by Mistlefoot · · Score: 2, Interesting

      Many new vehicles have gps.

      Not an issue for most vehicle owners. But you steal it and you get caught easier.

      Is this spying? While I won't say the analogy is perfect this is still very similar....

    12. Re:Depends on how you look at it I suppose. by alonsoac · · Score: 1

      But doesn't this imply owners of the legal software are also being spied upon?

      How is this spying? They are merely checking if the customer payed for the software, that's a very reasonable thing for a program to do. This is nothing like the spyware that checks your moves in the internet etc.

    13. Re:Depends on how you look at it I suppose. by John+Seminal · · Score: 1

      That would be like a music company telling me I could only listen to a CD on 1 stereo system, that if I wanted to listen to the music in my car I would have to buy a second CD. It is BS.

      --

      Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    14. Re:Depends on how you look at it I suppose. by JoeShmoe950 · · Score: 1

      I agree. Companies should try to catch user who use illegal software. If your worried about it buy it. I know, people will say, if its ok to do that then they'll use other forms of spyware. Its not true though. If restrained to this circumstance its fine with me. If it wasn't for software pirates, companies would spend more time on features.

    15. Re:Depends on how you look at it I suppose. by Anonymous Coward · · Score: 0

      How would the presence of a GPS receiver in a vehicle make it easier to catch someone who stole it? Perhaps you mean a system that radios home somehow?

    16. Re:Depends on how you look at it I suppose. by bobthemuse · · Score: 1

      If it only "phones home" when it detects a cracked copy of itself, then no, legal users are not being spied upon.

    17. Re:Depends on how you look at it I suppose. by drzhivago · · Score: 1

      The company might as well halt all EU business outright then. Since the software won't check for unlicensed copies, people will be able to copy the software as much as they want. That in turn screws the company out of sales.

    18. Re:Depends on how you look at it I suppose. by Anonymous Coward · · Score: 1, Interesting

      Not Necessarily.

      We have six machines in the office. I have gone back to WIN98. We have three Win98 Licensses, one WinME license, Two WIN2000 Licenses and two WINXP Professional licesnes. All licenses are backward ok, even Microsoft agrees on that point. I have only opened one of the WIN98 Packages and used the same disk and registration number for all six machines. More Convenient. No matter how you look at it, we are fully licensed. Even the BSA would not argue with that one.

      So I do not need spyware checking for duplcate registration numbers.

      Tom

    19. Re:Depends on how you look at it I suppose. by Anonymous Coward · · Score: 0

      On another note, the alarm in my house doesn't ask permission of anybody using my home when I'm not home before phoning home to report the use.

      Software properly installed and registered shouldn't phone home, but an unregistered product is not the user's to use.

      I do have a problem with registered software phoning home. It's why none of my MS machines ever upgraded past WIN 98. I love open source.

      My compliments to the Open Office org folks!

    20. Re:Depends on how you look at it I suppose. by WIAKywbfatw · · Score: 4, Insightful

      > You use the illegal software

      But doesn't this imply owners of the legal software are also being spied upon?


      OK, I'll take serious stick for saying this but here goes (and there goes my karma).

      Sometimes, people observe/stake out/spy on others and their suspicions/paranoia prove to unfounded and sometimes they prove to be well-placed. Not everyone who's under police surveilance, has a background check run on them or gets asked for additional ID verification when using a credit card is going to be guilty of wrong-doing, but does that mean the cops, your kids' schools or Amex should never be allowed to verify basic details?

      If the software license made it clear up front that the package could and would periodically check that its use was within the boundaries set by the license (eg, full licensing) then I don't see anything wrong with a publisher checking up on its users in this way. After all, permission had been given, just as it had been given (implicitly or otherwise) in the real world examples I gave above.

      One thing you need to ask yourself before you potentially start bashing this company's spyware (or whatever you want to call it): am I in violation of a software license or any laws? Make damn sure that their aren't any illegal copies of the software floating around your organisation before kicking up a major fuss otherwise this could really backfire for you.

      --

      "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
    21. Re:Depends on how you look at it I suppose. by daemon_underscore · · Score: 0

      Hense spyware - that's what it does, spy on those people who do use legit software

    22. Re:Depends on how you look at it I suppose. by NoMoreNicksLeft · · Score: 5, Insightful

      More like, the vehicle detects that you had it serviced at an independent mechanic, instead of at the dealership, and phones home to cancel the warranty.

    23. Re:Depends on how you look at it I suppose. by jc42 · · Score: 1

      Well, how I look at it is as a programmer. It seems to me that it would be fairly straightforward to write a routine that scans the disk for plain-text and html files, reads each, extracts anything formatted like an email address, and sends them all back to headquarters. There are a lot of spammers that would pay us for such lists, y'know.

      Of course, you'd want the routine to record when it did this, in a binary format in some hidden file, so that it wouldn't do it more than once every few months. This would complicate the job just a little.

      What defense do you have against this?

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    24. Re:Depends on how you look at it I suppose. by Anonymous Coward · · Score: 0

      Not necessarily...This just means that the company actually needs to innovate. I know that's asking a lot, but I suppose the axiom "build a better copy protection mechanism and the world will beat a path to your door" still rings true. If the best they can do is spy on users, maybe they should just turn off the lights as they shut down.

    25. Re:Depends on how you look at it I suppose. by rizzo420 · · Score: 2, Interesting

      it is similar, but the software does more than just report where it is located (assuming the gps reports back to something, which is highly unlikely, because that gives dealers the ability to spy on legit owners). if the software only reported the the users IP, a timestamp, and the product in question, then there would be much less of a problem. what the software reports that is very questionable is the username of the account that's using the pirated software. this gives the company an easier ability to break into the network since they have a valid username and can use that to guess what the username of other known employees would be. the mac address and the machine name are also questionable because they are also not necessary. really all that is needed to prove wrongdoing is what i stated above. that doesn't break privacy if the IP is public since it's known information. the product in question is necessary for the obvious reasons, and a timestamp always helps anywyas.

      i also don't see how this can be legal unless it's listed in the EULA as being there, but that doesn't give them a right to send themselves the information that i said was unnecessary and could be used for wrongdoing by the publisher or any other script kiddie/hacker/cracker that gets ahold of it.

      --
      please me, have no regrets.
    26. Re:Depends on how you look at it I suppose. by Anonymous Coward · · Score: 0

      This argument has been proven wrong so many times it is silly. *Real* audits will find unlicensed copies, and *Real* companies audit themselves properly (I work for one and I can attest to their seriousness). Software houses make all of their money off of such clients by charging $300 for software that should cost $30 (and if they did, 90% of piracy would be wiped out since most people would pay 30 bucks for the damn book that comes in the box).

    27. Re:Depends on how you look at it I suppose. by Mistlefoot · · Score: 2, Insightful

      Yes. I was specifically referrring to "call home" gps such as the Chevy offered "OnStar". You simply phone them and tell them your vehicles been stolen. They report the location to the police. I should have been more specific.
      http://www.cadillac.com/cadillacjsp/mod els/escalad e/onstar.html For example.

      I am very aware that the analogy isn't perfect, but in the above example you are still trusting that Chevy isn't randomly "following" your vehicle for marketing or whatever reasons.....

    28. Re:Depends on how you look at it I suppose. by dasmegabyte · · Score: 4, Insightful

      Well...yeah. And some legal software (e.g. Gator, Kazaa, etc) spy on you in ways you might not like. But in the end it's all a trade off -- how much do you trust your software manufacturer?

      Some of them I do trust. If I find out Adobe is spying on me to be sure I bought my boxed copy of Photoshop 7, I'm not that worried, because I did. I see this in the same light as I see cameras in retail stores...sure, it's a little annoying that they might be laughing at my fat ass trying to squeeze into size 34 pants, but I can deal with that because I respect their right to stop shoplifters. When the guy who came to paint my house asked me to leave my garage open, I did so, because I was paying him scads of money and I trusted him not to walk out with my TV as well.

      Really, with proprietary software it's all a matter of trust. It always has been -- it's why my uncle wouldn't let my cousin use his Renegade pirated floppies in his c64, he was afraid of some stupid code going haywire and messing up his $500 machine.

      You worried about this spyware stuff? Go whole hog OSS, it's the only way to be sure. I happen to prefer the user interface and trustworthy behavior of some of my proprietary software and don't mind paying a little extra for it, money or privacy. Still, the day I catch ImageReady sending lists of my porn directories back home to corporate is the day i switch to (shudder, ew) The Gimp.

      --
      Hey freaks: now you're ju
    29. Re:Depends on how you look at it I suppose. by HardCase · · Score: 1
      But doesn't this imply owners of the legal software are also being spied upon?


      Only to the degree that the software checks to see if it is not cracked. Consider the software that I use at work: Cadence's design tools require a license manager in a networked environment. That means that whenever I start up, say, SpecctraQuest, the software pops out on the network, verifies that a license server is running, then queries that server to make sure that there is a license available.


      Now, if a license isn't available, it just says that it can't start. Obviously that's different behavior in this case. Nonetheless, our computers and network is open to Cadence's "spying" to make sure that the software is licensed.


      To directly answer your question, the answer is no, there is no such implication, at least as the submitter of the article states it. All we know from the story submission is that cracked software initiates the spying. He doesn't say what happens if it's not cracked.


      I'd say that it's certainly proper for the software publisher to do some sort of check to be sure that the software is properly licensed. What they do beyond that, though, is probably a matter best attended to by their legal staff.


      -h-

    30. Re:Depends on how you look at it I suppose. by Fred+Ferrigno · · Score: 2, Insightful

      I'd say that it's certainly proper for the software publisher to do some sort of check to be sure that the software is properly licensed. What they do beyond that, though, is probably a matter best attended to by their legal staff.

      My computer should never do anything I don't want it to do. Plain and simple. If I don't want you to scan my network for illicit copies, then don't do it. I don't really care about any legal "right" software companies have to do it. I don't want them to do it; I'm their customer; they shouldn't do it unless they feel like pissing me off and losing me as a customer.

      Anyway, any cracker with enough skill to remove normal copy protection techniques (not that much) can remove this sort of protection too.

    31. Re:Depends on how you look at it I suppose. by HardCase · · Score: 3, Insightful
      My computer should never do anything I don't want it to do. Plain and simple. If I don't want you to scan my network for illicit copies, then don't do it. I don't really care about any legal "right" software companies have to do it. I don't want them to do it; I'm their customer; they shouldn't do it unless they feel like pissing me off and losing me as a customer.


      I agree that I certainly wouldn't want the software to scan around my network looking for illicit copies of stuff. But that's not what we're talking about here. We're talking about a cracked program that, when started, determines that it is cracked, then reports that fact back to the publisher, along with information that will identify where the stolen property is.


      This is almost like a Lojak system - the car is stolen, then the security system reports back to the police exactly where the car is. What if you stole the car and it's parked in your garage with the door closed? Yes, I understand that this example doesn't exactly parallel that of the article, but it is similar. The Lojak system doesn't check around the house to see if there are any other stolen things there...it's just concerned about one thing - the car. Much like the software that is described in this article.


      Incidentally, neither I nor the article said anything about snooping around the network looking for stuff. And in the case of the software in question, it appears, at least from the limited information available to us in the article, that if this software is reporting information back to the "home office", it would be very hard to suggest that the user is anything remotely resembling a "customer". Unless you consider the guy who steals money from the bank to be a customer.


      -h-

    32. Re:Depends on how you look at it I suppose. by Anonymous Coward · · Score: 0

      they might be laughing at my fat ass trying to squeeze into size 34 pants

      dasmegaASS!

    33. Re:Depends on how you look at it I suppose. by Fred+Ferrigno · · Score: 1

      Alright, you can excuse me if I wasn't quite paying attention to the thread I was replying to, but software that acts just as I described is mentioned in several other comments. Obviously, port scanning on a legitimate network is more devious than simply copping out pirates, but my view holds true: If I don't want it, it shouldn't be there.

      Whether or not it does anything in a legitimate installation, it's still there and checking each time you run the program. If for no other reason than it's an unnecessary waste of CPU cycles (assuming I'm using a legitimate copy, it should always return the same result) I don't want it running on my computer.

      A Lojak system as you described (I suppose -- honestly I've never heard of it) would be something I want as a customer, because it benefits me. This extra "feature" benefits only the software company, and that is where your analogy breaks down. A more apt analogy would be a system which reports to the manufacturer if you install stolen car parts. Then again, the only truly apt analogy is a piece of software which reports home if it detects that it is stolen.

    34. Re:Depends on how you look at it I suppose. by dws · · Score: 1

      > But doesn't this imply owners of legal software are also being spied upon?

      Consult your license agreement. The type of software that phones home is not the type that customers get to own.

    35. Re:Depends on how you look at it I suppose. by Anonymous Coward · · Score: 1, Interesting

      > If the software license made it clear up front that the package could and would periodically check that its use was within the boundaries set by the license (eg, full licensing) then I don't see anything wrong with a publisher checking up on its users in this way.

      This ignores the fact that you don't have to agree to a software license to use it. You have a legal right to alter your copy of a copyrighted work and to use it. You also have the right to alter the work to not report to "home base". The problem is, these two components (especially the latter) are likely to be patched against a distributed copy anyways. The only "good" thing might be that a person attempting to crack the software might get caught during or after releasing the cracked software. Of course, announcing that the above happens is just going to make more crackers setup pseudo-internet networks and sniff outgoing packets to see what the software is doing. I guess it does make the crackers job harder and will see more charged, but the people really being punished are all the uber-legal folks who don't crack the software, agree to the license, and have their usage tracked.

    36. Re:Depends on how you look at it I suppose. by Anonymous Coward · · Score: 0

      The way I interpret the article snippet is:
      [the] product is phoning home when it discovers it is running a cracked copy of itself. So it's NOT spying on legitimate users, it's called a protection scheme. When software requires a serial #, do you say that's wrong because the software is "making sure you have a legitimate copy" ?!

      Common people, you crack it, it tells on you, this is hardly something to complain about unless it has a lot of false positives.

      "I murdered someone, but their carcass had medical alert which tells you the address where I stuffed the body!!! What kind of evasion of privacy is this!"

    37. Re:Depends on how you look at it I suppose. by hazem · · Score: 1

      I've purchased software in the past, but because I had lost a serial number on a reinstall, went out and downloaded a crack for it. I still have a legitimate license to use the software - and I shouldn't have to buy it again because I lost a stinking piece of paper.

      By that logic, if I lost my car keys, I'd have to buy a new car, rather than going and getting a locksmith to make some new keys for me.

    38. Re:Depends on how you look at it I suppose. by Anonymous Coward · · Score: 0

      Not only was that completely off-topic, but made very little sense too! Here's how you look at what as a programmer? I thought maybe you were going to make a statement about the topic, but then you completely went on to something else.

      And your idea has so totally been done!

    39. Re:Depends on how you look at it I suppose. by Anonymous Coward · · Score: 0

      how was the day at church? seriously... everyone steals software get used to it..

      i hate people even more twhen they say here goes my karma as everyone mods those trolls up. if they find weed on me im breaking an unjust law but they can still xrucify me... wouldnt you rather humanity benifits from your creation or would you rather be a greedy capitalistic pig.. oh ok i see youve selected the later please walk calmly into door B to have your individuality errased... its much more comforting to be a sheep isnt it....

    40. Re:Depends on how you look at it I suppose. by Deternal · · Score: 1

      I almost agree - because it is true, if you want to use commercial software, you should certainly pay for it - just like you should for a car, a dvd or a sofa.

      Having said that - having a program that sends information out in the open without my knowing is not exactly what I see as a good thing - if for no other reason then what about security - I don't necessarily need other people to know, ip's, mac adresses, netbios names etc. for the computers I maintain in my network. And how can I be sure thats all it's sending, what about sending the valid e-mail to be sold for spam purposes, or tracking down internal company info.

      I don't like being spied upon, even if I have nothing to hide - however if the company came by and wanted to check if my licenses are ok, I'd be happy to oblige.

      I guess my point is - you are not free if you're every action is monitored.

    41. Re:Depends on how you look at it I suppose. by Anonymous Coward · · Score: 0

      > If the software license made it clear up front that the package could and would periodically check that its use was within the boundaries set by the license (eg, full licensing) then I don't see anything wrong with a publisher checking up on its users in this way.

      That's it. Burried in 30 pages legaleeze.

      So, at one point, you won't be able to run software if it can not phone home. At a later point, when the company web site will be cracked, the next execution of your registered software will install a virus.

      This sucks. DiVX 5.x sucks. Microsoft Activation sucks. Turbo Tax sucks. It is not about the money to fork for software, it is about the reasonable hope that, when you *buy* something, it is your. If what you buy is a license to *use* a software, the way you use the license is *not* the business of the licensor.

    42. Re:Depends on how you look at it I suppose. by Carter+Butts · · Score: 1

      I agree that I certainly wouldn't want the software to scan around my network looking for illicit copies of stuff. But that's not what we're talking about here. We're talking about a cracked program that, when started, determines that it is cracked, then reports that fact back to the publisher, along with information that will identify where the stolen property is.

      Actually, there is no stolen property here. A copyright violation may have occurred when the software was installed, but the software per se is not property and cannot be stolen. Copyright is just that -- a (limited) legal right to control copying, distribution, etc. of certain expressions. The copyright holder's "intellectual property" (which may be sold, given away, etc.) is the copyright to the work, not the work in and of itself. (IANAL and all that.)


      -Carter

    43. Re:Depends on how you look at it I suppose. by blibbleblobble · · Score: 1

      "Many new vehicles have gps: Not an issue for most vehicle owners"

      What makes you think this isn't an issue for most owners?

    44. Re:Depends on how you look at it I suppose. by blibbleblobble · · Score: 1

      "along with information that will identify where the stolen property is."

      Uhh, stolen property? What does this have to do with computer programs?

    45. Re:Depends on how you look at it I suppose. by BiteMeFanboy · · Score: 2, Interesting
      This is almost like a Lojak system - the car is stolen, then the security system reports back to the police exactly where the car is. What if you stole the car and it's parked in your garage with the door closed? Yes, I understand that this example doesn't exactly parallel that of the article, but it is similar. The Lojak system doesn't check around the house to see if there are any other stolen things there...it's just concerned about one thing - the car. Much like the software that is described in this article.

      Except that it's using MY resources to do so. Not only is the software stealing from me, bandwidth, CPU, and memory, it's forcing me to incriminate myself. Guess what... that's un-constitutional.

    46. Re:Depends on how you look at it I suppose. by dasmegabyte · · Score: 1

      Actually, it's not a bad ass, as asses go, but my hips will NEVER fit into size 34. Not without massive muscle atrophy, and though this is the industry for it, it hasn't happened yet.

      --
      Hey freaks: now you're ju
    47. Re:Depends on how you look at it I suppose. by Stone316 · · Score: 1
      I agree but I also am of the view point that most software should be free for home use. Take Oracle for example, you can download all their software for personal non-commercial use. Basically so you can play around and learn the software.

      Now say said person who downloaded the software was working in a company and their dept. needed a database. Well, this guy is almost certainly going to recommend using Oracle because that is what he is familiar with.

      Same can be said for graphic design, development environments, etc.. I would say most of the money is getting big companies to buy and license your software, not home users. (I realize that some software is aimed at home users, thats another story..)

      --
      "Thanks to the remote control I have the attention span of a gerbil."
    48. Re:Depends on how you look at it I suppose. by HardCase · · Score: 1
      Except that it's using MY resources to do so. Not only is the software stealing from me, bandwidth, CPU, and memory, it's forcing me to incriminate myself. Guess what... that's un-constitutional


      The fifth amendment of the Constitution is quite clear on what self-incrimination means:

      No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


      As you can see, the fifth amendment is not violated in this case. Incidentally, the system, as described in the article, communicates by way of AUP - a normal component of the program. How is that different from Microsoft's AUP that refuses to update stolen copies of XP? Obviously some information has to be transmitted from your system to Microsoft's servers. Would you say, then, that the Windows XP that someone has "stolen" from Microsoft is then "stealing" from that person when they attempt to do an automatic update? Would you also say that the program has illegally forced that same person to incriminate themselves? That's a leap of deduction that is stunning, even for Slashdot!


      -h-

    49. Re:Depends on how you look at it I suppose. by notcreative · · Score: 1

      I was thinking this same thing when I read the post. Why are people so eager to assume that something they don't really understand (copyright assignments under US law) is just like something they do understand (stealing a car)? These things are not the same. If you think about it long enough, it will seem obvious that they aren't. If I say that copying software without permission is a form of rape, and start using language associated with sexual assualt, does that make software "pirates" into software "rapists?" Where does this chain of hyperbole end? It can only end in comparisons with Hitler.

    50. Re:Depends on how you look at it I suppose. by BiteMeFanboy · · Score: 1
      Exactly, and when software uses my resources to convey evidence against me without my permission, it is forcing me to bear witness against myself.
      Thank you for backing up my point.

    51. Re:Depends on how you look at it I suppose. by HardCase · · Score: 1
      Exactly, and when software uses my resources to convey evidence against me without my permission, it is forcing me to bear witness against myself.
      Thank you for backing up my point.


      But it's not unconstitutional. The fifth amendment makes that elegantly and simply clear. And that was my point. You're also sidestepping the issue that the software in question is illegally installed on your system. You're also sidestepping the issue that since the AUP is part of the software in question, installing it and using it would seem to me to be tacit approval of it using your computer's resources to convey information to the software publisher.


      Your argument seems to be along the lines of that of a thief who breaks into a house, then gets shot by the house's owner who grabbed the gun from the thief: "But your honor, he shot me with my own gun and I never gave him permission to use it!"


      Furthermore, your argument would render court-ordered wiretaps inadmissable as evidence. Obviously they are perfectly admissable and perfectly constitutional, even though the tappee's own words are used against him. Again, the scope and applicability of the fifth amendment right against self-incrimination is extraordinarily well defined.


      -h-

    52. Re:Depends on how you look at it I suppose. by BiteMeFanboy · · Score: 1
      then gets shot by the house's owner who grabbed the gun from the thief: "

      In that case, the owner would go to jail, most likely, for a long time. In most states at least.

      There's a difference between someone's voluntary words being admissable as evidence, and their words being forced out of them to prove guilt. Spyware on my system regardless of it's origin, is forcing me to say things I don't want to.

    53. Re:Depends on how you look at it I suppose. by bobthemuse · · Score: 1

      Yes, the locksmith will make you a new key, for a small processing fee.

      Most companies will issue a new serial for a small processing fee as well, if you contact them, explain the situation, and validate your information.

      By your logic, there's nothing wrong with having anti-theft circumvention devices around for use by the public in case you loose your keys.

      How are the two different?

    54. Re:Depends on how you look at it I suppose. by duffbeer703 · · Score: 1

      Windows 2000 & Windows XP pro licenses do not give you the right to run 95/98/Me.

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
  4. why not? by trans_err · · Score: 2, Insightful

    Seriously folks I think lately we've forgotten that stealing is stealing, and if you're stealing a piece of software you should be punnished for stealing a piece of software. It seems as if we look beyond the crime far too often lately and we forget the obvious... STEALING IS A CRIME... end of story.

    1. Re:why not? by Anonymous Coward · · Score: 0

      What ever happened to the constitutional right of being secure in our homes and papers?

    2. Re:why not? by WTFmonkey · · Score: 5, Insightful

      But, as someone who is innocent until proven guilty, what right do they have to {spy on, steal from, stalk} me? Seriously, if you're going to back the "stealing is a crime" part of the law, you also have to accept that the alleged thief is innocent until proven otherwise. No one (without subpoena or warrant) has a right to that kind of information without consent.

    3. Re:why not? by Anonymous Coward · · Score: 0

      Oh, ok. Software vendors are trustworthy, as SCO illustrates. So let's let them be the judge, jury, and executioner.

    4. Re:why not? by Ledora · · Score: 0

      Yup thats why you should pirate instead of shoplifing the software out of walmart... oh wait your confusing the term copyright infrigment with theft...

    5. Re:why not? by Anonymous Coward · · Score: 0

      It runs on the basis of Guilty until proven innocent. For every pirated copy the are 100's of legel copies.

    6. Re:why not? by beamdriver · · Score: 5, Insightful
      Copying software isn't stealing it's violation of copyrights and it generally isn't a crime, it's a civil tort.

      Installing spy programs on someone elses computer and misapproriating their resources to send information about that computer back to you, OTOH, may certainly be a crime.

    7. Re:why not? by trans_err · · Score: 2, Insightful

      lets keep in mind that this "spyware" isn't stealing information which is incredibly private, furthermore due process still stands. This would be akin to having a sign outside your door that says "Hi I just robbed 3 banks"- would the officer driving by the house bust down the door and arrest you, most likely not, but would he further ivestigate the matter... most likely.

    8. Re:why not? by Ledora · · Score: 2, Informative

      EXACTLY RIGHT beamdriver. I think we have some RIAA trolls who love to say that pirating software = theft

    9. Re:why not? by cubicledrone · · Score: 1

      I believe there is a benevolent community of very tiny people living in the branches of the trees. What's your point?

      --
      Business isn't willing to pay for products, innovation and careers, so we get brands, mortgage commercials and layoffs.
    10. Re:why not? by seichert · · Score: 1

      Subpoenas and warrants are for the government, not a private company. This sort of software may invade your privacy but I would highly doubt that it is illegal. That being said, I would never write and distribute software that collected any information on the end user or his computer and sent it anywhere without the user's permission and knowledge.

      Another advantage of using open-source software is that you don't have to deal with this sort of garbage.

      --

      Stuart Eichert

    11. Re:why not? by Anonymous Coward · · Score: 0

      Solution: Packet-capture the information that is sent. Then write and anonyomously unlease a virus (Outlook, of course) that transmits the same find of information (with random serial number, etc.) That will invalidate any claim against you, and teach them a lesson for secretly spying on you (their servers will be swamped).

    12. Re:why not? by CrazyDuke · · Score: 2

      For someone that seems to hold to simplistic moral and ethical values, you seem to be convienently forgetting one. (...or more.)

      1. Do onto others as you would have them do onto you.

      2. Two wrongs do not make a right.

      3. Just because everyone else does it does not make it right.

      4. Play nice.

      --
      Any sufficiently advanced influence is indistinguishable from control.
    13. Re:why not? by The+Only+Druid · · Score: 1

      Oh right, so do the courts. Perhaps thats because copyright infringment in the case of software piracy amounts to theft because it causes measurable monetary damage to the company involved. The pirating of a $50 software (making one illegal copy) costs that company $50, period. It is theft.

      More to the point of the article though, this isn't spyware. It appears to only retreive this information after the determination that the software is cracked/pirated. As such, it is reactive (spyware is proactive).

      --
      "Stumble before you crawl"
    14. Re:why not? by CrazyDuke · · Score: 1

      OMG...someone actually still reads and understands the US Constitution? There may be hope for us yet!

      --
      Any sufficiently advanced influence is indistinguishable from control.
    15. Re:why not? by niko9 · · Score: 1

      No one (without subpoena or warrant) has a right to that kind of information without consent.

      I agree with your sentiments 100%, but who the hell knows what's in that particular EULA.

      Reminds me of a story. I usually need something to read while I, umm, poop. Be it newspaper, magazine, catalog, or the fricking ingredients to a shampoo bottle. One time at work, I grabbed the first thing off my boss's desk and headed for the can. It was the EUAL for Windows Office 2000. I caught myself falling asleep in under 3 minutes. It should be mandatory reading for insmoniacs, but would probably cut into the profuts of the major pharmacuetical companies.
      Yikes, was that TMI?

    16. Re:why not? by shepd · · Score: 2, Informative

      >STEALING IS A CRIME... end of story.

      Right, but copyright infringement isn't stealing. END OF STORY.

      To steal, you must remove the property from the owner's hands *AND* have it in your possession.

      ie: If I stole windows from microsoft, they would NEVER be able to sell windows against until they caught me, because I'd have all their copies. If I pirated it, I'd have a copy, and they could continue to sell it.

      But that's a different crime. Copyright infringement is more like a speeding ticket. Nobody is directly hurt, but it isn't appreciated by a small segment of society, and no matter much the rest of us want to change it, we're stuck with the law because, on some level, it makes sense. However, nobody says you stole the extra speed unless your car is jacked.

      --
      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
    17. Re:why not? by vDave420 · · Score: 5, Interesting
      Troll, but I will bite anyway.

      As someone who makes a living writing peer-to-peer software, I completely disagree that "STEALING IS STEALING" as you say.

      I don't want to get into semantics with you, but here goes:
      Stealing involves the deprivation of someone's property, removing thier ability to benefit from it. (paraphrase)

      Information "theft" is not really theft or stealing.

      Thousands of my users probably "steal" my software, but guess what! I DON'T CARE! It is information, which I CANNOT OWN!

      Noone, corporation or individual, has a right to profit.

      Everyone has a NATURAL right to consume and reproduce information. How do I know? Look how we are physically built, for crying out loud!

      Let me close with this somewhat fanatical thought: Every month new ground is broken in the attempt to produce objects by piecing them together molecule by molecule.

      Now, it will probably take longer than my lifetime to occur, but EVENTUALLY you all will be able build a generic THING from its component molecular pieces.

      Consider this "future" world for a moment: No more scarcity, no more hunger, no more epidemics caused by lack of medicines.

      Now consider the same world, with *your* "STEALING IS STEALING end of story" claim: Should the first person/company that creates a new molecular structure have a monopolistic control over said structure? Should you be able to produce (from scratch, not by "physically stealing") a replacement Brake Pad for your car without paying Ford for the privelidge? What about creating your very own "claritin-like" substance for your allergies? Should you have to pay Mosanto?

      I stated before, and firmly believe, that information wants to be worthless, in an economic sense. Information has no "owner" that I recognize, and, as such, I do not consider the "copying" of information to be "theft".

      If someone broke into my office and stole the computer I was writing my source code on, then THAT is theft of information, as it has deprived me of it.

      If someone copies (without my permission) my program and uses it without paying me, oh well! I haven't been deprived of anything! I still have my program! The only thing I *may* have lost is potential profits, but NOONE HAS A NATURAL RIGHT TO PROFIT! NOONE!
      (Thats why "Step 2: ???" is so common! heh)

      In the above "idealistic copying world" example above, noone could profit! There would be no object scarcity, therefore (almost) no intrinsic value to *ANYTHING*, let alone "strictly informational things."

      Time to end this rant, but PLEASE PLEASE consider:
      The end result of personal "posession & ownership" of information, combined with monopolistic control, and the added "Lets consider artificial entities with the stated goal of financial wealth accumulation (corporations) the same as people, with the same 'rights' to own information, etc, is a CORPORATE FEUDAL SYSTEM, not the (what I consider) ideallic, everything-copying society that we COULD have then.

      The road we are starting down today is leading us towards the scarier of the two, I believe.

      -vDave-

      {dave -at- bearshare -dotcom-}

      Help me out, and use BearShare for all of your p2p (INFORMATION COPYING) needs!

      --
      The pig browse. With Google. Sigh is to the chicken. Chicken is fool. Giggle. The DailyWTF giggle.
    18. Re:why not? by Anonymous Coward · · Score: 0
      I prefer:

      "1. Do unto others as they would have you do unto them." (The Platinum Rule)

      Because, hey, what if I'm a masochist? Would that sadist over there really enjoy what I'd like done to me?

    19. Re:why not? by baggins2002 · · Score: 1

      I would consider that information to be private. If I have an intruder that seems to know a lot about the network, possibly trying to access systems which I would normally consider hidden, I would first suspect someone on the inside. I wouldn't suspect that a list of our computers was available via another party. Something like this could be used as a shopping list for hackers. I think that at the very least a company should tell users what the software is doing in this case.

    20. Re:why not? by shepd · · Score: 2, Interesting

      >It is theft.

      No it isn't. If it were, pirating windows would get me a $100 fine and a weekend in jail.

      In fact, as far as the courts go, it SPECIFICALLY isn't theft because the crime of theft has a much more reasonable sentence. If I were to compare it (copyright infringement) to a similarly punished crime, it's like raping dead corpses.

      --
      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
    21. Re:why not? by WTFmonkey · · Score: 1

      Ha, yeah, I've pretty much memorized the ingredients on the shampoo bottle. Not quite brave enough to read the toothpaste while I crap though.

    22. Re:why not? by RealAlaskan · · Score: 4, Informative
      ... stealing is stealing, ...

      Yes, it is. Funny you should say that and then follow it with:

      ... and if you're stealing a piece of software ...

      Stealing is stealing. Infringing upon someone's copyright is NOT stealing, it's infringing upon their copyright. Stealing is stealing, and using cracked software is something else entirely. That's why each is prohibited by a different law. You can't ``steal'' software unless you grab a boxed set and run out of the store.

      That may sound like a trivial distinction, but it's not: it is the heart of the matter. It's this sort of sloppy thinking that makes it so easy for Disney to get copyrights extended another 40 years every time Mickey has a birthday.

      It's important to remember that property rights are natural rights, which pre-exist our constitution (that's what our constitution says). Copyrights, patents, and the like are privileges which the constitution allows but does not require Congress to grant. When we equate copyright violation to theft, we blur that distinction, and play into the hands of those who would like to enclose the commons of our cultural heritage.

    23. Re:why not? by Twister002 · · Score: 2, Funny

      riiiight, because software would NEVER make a mistake.

      --
      "For a successful technology, honesty must take precedence over public relations for nature cannot be fooled." -Feynman
    24. Re:why not? by Anonymous Coward · · Score: 0

      One time at work, I grabbed the first thing off my boss's desk and headed for the can. It was the EULA for Windows Office 2000.

      Yeah, I keep a supply of those near the crapper, myself.

      Waitaminute. You READ them?

    25. Re:why not? by pla · · Score: 5, Interesting

      Seriously folks I think lately we've forgotten that stealing is stealing, and if you're stealing a piece of software you should be punnished for stealing a piece of software.

      And for those situations where stealing doesn't mean stealing?

      Two trivial examples that I suspect most us us could get "caught" for:

      First, a friend purchased (completely legal, nothing unkosher whatsoever, not even grey-market) a copy of Age of Empires - AoK. It has a rather annoying copy protection scheme, however, which annoys legitimate users (whereas pirates just run a cracked version with no hassles at all). So the solution? He uses a cracked copy of the game. A stupid software test for known program cracks would flag him as "stealing", yet he did no such thing.

      Second, and even more difficult to deal with - I have all of my CD collection on my HDD, since I only ever listen to them while at the computer. Legal format-shifting as allowed even by the DMCA. Yet, can I "prove" to some stupid spyware bot that yes, in fact, I really do own the CD? Nope. And even if I could, I shouldn't NEED to; my computer serves me, I do not serve my computer.


      More important than false positives, though, we should consider the issue of why we buy software in general. If I buy a game, I buy it to play that game. If nowhere in the documentation (or preferably, on the outside of the packaging) does it describe its "RIAA-friendly anti-piracy technology", it damn well better not have any. I don't buy software to spy on me, I buy it to do the task it describes itself as performing. Nothing more, and nothing less.

    26. Re:why not? by Anonymous Coward · · Score: 0

      The Leaded Rule: 'sume ery mofo's packin a gat, an you bes not be fuckin wit dem.

    27. Re:why not? by Lumpy · · Score: 4, Insightful

      Seriously folks I think lately we've forgotten that stealing is stealing,

      fine then you dont mind us installing a new tracking device on your cars to tell the manufacturer and your loan company and officer where your vehicle is at all times.

      if you aren't doing anything wrong then why are you against it?

      get the idea yet?

      --
      Do not look at laser with remaining good eye.
    28. Re:why not? by tomhudson · · Score: 4, Interesting
      Simple solutions:
      1. Unplug the phone jack/ethernet card
      2. Find out where its' sending packets to, and edit your hosts file on your proxy/firewall accordingly
      3. Remove the software (duh!)
      Or, to take the parent posters' idea of a virus (actually, a worm) to the next step, have it scout the net looking for legit copies, and installing the crack on their machines. So even legit customers would end up "phoning home".

      Seriously, just remove the software. If it does something you want/need, you have three choices:

      1. buy a legit copy
      2. develop a competing product
      3. put up with the knowledge that it is phoning home
      Mind you, if I wrote it, I wouldn't have it phone home, - I'd have it phone a (very) expensive 900 number (say, $50.00 a call) that I'd own, and you'd end up paying for your license when you got your next phone bill :-)
    29. Re:why not? by Anonymous Coward · · Score: 0

      So you make a living on the theft of other people's work then?

    30. Re:why not? by Anonymous Coward · · Score: 0

      You kind of agreed to waive those rights if certain circumstances are met by clicking that little "OK" or "I agree" button when the liscence agreement shows up during the install process.

      Really, the rights provided to you from the constitution are all well and good, but they won't do you any good from a legal standpoint if you waived them.

    31. Re:why not? by Anonymous Coward · · Score: 0

      that only applies to government intrusion, dipshit. RTFC!

    32. Re:why not? by Anonymous Coward · · Score: 0

      Well, one could kill a man and never get caught. Is that not still murder?

      Your Windows remark is a poor example, because Microsoft would *never* go after an end user. Even those that steal their products are their bread and butter. If the home user doesn't run it, then who else needs to? They go after the businesses with money (read the Ernie Ball article); people that actually can pay them back ( and then some) for the pirated software.

      I guess that you've just admited to pirating Windows. I'll turn you in, if you like. Then we'll see who's guilty of "theft."

      Have a nice day.

    33. Re:why not? by rokzy · · Score: 1

      yep. I'm a poor student and I don't mind paying for software that I like and is reasonably priced. if it's not reasonably priced I'll find a cheaper alternative or do without.

      the only thing I don't pay for is a second copy of MS software (windows/office). but didn't they make their prices so high in the first place to account for this which is why XP is such a rip-off by disallowing it?

    34. Re:why not? by SoTuA · · Score: 5, Insightful
      STEALING IS A CRIME...

      True.

      And gathering personal information about a user, without his/her consent without a legal warrant is...

      Seriously, this information is NOT what anybody can get from public records. If I gathered this information about someone, and that someone found me out, I'd be charged with cyberstalking or whatnot.

    35. Re:why not? by scottp1296 · · Score: 1

      You know, I have this discussion with my children periodically. Usually right after I tell them that no, they can't install that cracked copy of MOE that their friend just burned for them. The logic is a little tricky, so try to stay with me.

      Some people, especially young children, seem to have a difficult time grasping that although nothing physical is taken, theft has still occurred. They seem to overlook the fact that in the case of software (as in books), it's not the physical manifestation that's holds the majority of the value of the item, it's the intellectual property.

      So, your thinking that even though you took it, the fact that they still have it (wow, magic), let's you off the hook is just plain wrong. You're would still be in possession of someone else property without having compensated them for it.

      By the way, you're not even close in interpreting how copyright laws apply to these situations.

    36. Re:why not? by n3rd · · Score: 1

      First, a friend purchased (completely legal, nothing unkosher whatsoever, not even grey-market) a copy of Age of Empires - AoK. It has a rather annoying copy protection scheme, however, which annoys legitimate users (whereas pirates just run a cracked version with no hassles at all). So the solution? He uses a cracked copy of the game. A stupid software test for known program cracks would flag him as "stealing", yet he did no such thing.

      All he needed was the CD key. Pretty standard, the only "annoyance" is once. At installation time. If you're alluding to having to have the CD in the drive when you play it too is pretty standard.

      If you're friend is annoyed at entering a CD key once and then putting the CD in the drive when he wants to play I think he needs to mellow out or find something semi-important to worry about.

    37. Re:why not? by armyofone · · Score: 3, Insightful
      Subpoenas and warrants are for the government, not a private company.

      In the words of Frank Zappa, "There's the crux of the biscuit" :-)

      This is why we have a huge problem with corporations running amok. They have somehow gotten the idea that they are not accountable for their actions. In reality, corporations have no more right to your personal information than the justice system. Even less so since the justice system does indeed need to get a warrant to search your personal space - unless you willingly give them permission, that is. A private company also needs your permission to collect your personal information. They may try to get around this with one of those over-restrictive EULA's, but I would venture to say that most EULA's may not be legally binding. We'll see how they hold up in court in future.

      In the meantime, if I decide to install any 'cracked' software, (not that I would), I'll be sure to make sure that machine has no chance of talking to the internet.
      --
      "A revolution without dancing is... a revolution not worth having"
    38. Re:why not? by istartedi · · Score: 1

      may certainly be a crime

      Although I unequivocally vascilate in my tentative resolve to post this, I must probably agree with you.

      Just remember: You can't let too much water out of the nuclear reactor.*

      (*from a classic bit with Ed Asner on SNL)

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    39. Re:why not? by yukio · · Score: 1

      I don't disagree with you that stealing is a crime. I won't even get into crimes that our society chooses to prosecute vs. the huge amount that we don't. Much less how I feel sentences for political corruption should be the same as major drug trafficking.

      But software doing such reporting had better be marked blatantly as such if it wants to live on my network.

      Isn't this just like an implementation RFID tags in software? Or even moreso, just like the DOJ's newly granted rights to go in and find out who purchased certain titles?

      Whose to say that's the only information an application is sending back? I can see the email now wanting to sell me competitive plugins for the apps that I'm running.

      I buy what I use. Period. And once I pay for it - it's no one's business but my own.

      And if they're sending data back to themselves - my attorney's.

      --



      To have ambition was my ambition.
    40. Re:why not? by El · · Score: 1

      Sex with a minor is ALSO a crime... does that mean we should post a policeman in every school room and daycare center, on the off chance that somebody MIGHT be breaking this law?

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    41. Re:why not? by tomhudson · · Score: 1

      Luke, leave the dark side :-)

    42. Re:why not? by LWATCDR · · Score: 1

      Really? I doubt that is as many as you think. If you think anyone should can do what they want with intangible things like software then you must think that the GPL should not matter? Why should I have to give back any changes I make? or Provide source code? What a load of tripe. I swear people. It is supposed to be about freedome. I should have the freedome to write Open Source or to write closed source. As to the Spyware this is just wrong. What right do they have to spy on me. They have no proof that breaking any law or copyright. I really want to know who this is so I can not buy software from them.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    43. Re:why not? by Anonymous Coward · · Score: 0

      >I guess that you've just admited to pirating Windows.

      I guess that as an AC, your brain has shrunk.

      HAND!

    44. Re:why not? by Bedouin+X · · Score: 1

      You're not following the parent properly. They aren't saying that you're left off the hook because nobody is deprived anything, they are saying that copyright infringement and stealing are different. If you stole something the owner would be deprived of it. If you violated a copyright the owner would still have it but the value could be depreciated. Either way they are not the same. They are both still crimes, but they are not the same thing.

      The RIAA is not bringing people up on theft charges.

      --
      Dissolve... Resolve... Evolve...
    45. Re:why not? by Anonymous Coward · · Score: 0

      And the one for the rest of us:

      1. Do unto others before they do unto you.

    46. Re:why not? by Sycraft-fu · · Score: 1

      No see you don't just need to have the CD in the drive. You see, like most software, AoK has copyprotection on it, I believe SafeDisc 2 in this case. Well the problem is that these copyprotection formats screw with the disc in unintended ways. Not all CD readers can read them properly. Some just have trouble and stutter and grind on it for a minute or so, some just won't work at all. SecureROM was particularly famous for this, so much so that BioWare actually removed the checks for it from NWN since so many people were having problems. Therefore often it is a huge pain to people.

      Plus, putting the disc in IS a pain. I have a couple large harddrives and a lot of games. I don't really feel like grabbing the CD each time I want to play a different one. I want to click and go.

    47. Re:why not? by Liquidrage · · Score: 1
      The version of the software he is using is ilegal. You can't just go around willy-nilly modifying other people's copywritten software to take out the parts you find annoying unless that right is explicitly granted.

      I sersiously believe you think he's done nothing wrong and that is what scares me. We've gone so far in one direction we've forgetten where we came from.

      I hate the RIAA. SCO sucks. Yadda yadda yadda. But come on, it is a tad obvious that just because you have a right to run a legit copy doesn't mean you have a right to run an illegally modified version of the it.

    48. Re:why not? by bombom · · Score: 1

      I don't know what car you drive but all new GM cars have onstar which does precisly this. They can pinpoint car via GPS to within 5 feet.

      I call Onstar the other day and they greeted me with my exact location. If this helps them give me better directions and diagnoise my car (03 Saab 93) via satellite, more power to them!

      --
      IOException - Can't Speak
    49. Re:why not? by Anonymous Coward · · Score: 0

      I believe the author was referring to the improper use of the term stealing.

    50. Re:why not? by gilroy · · Score: 1
      Blockquoth the poster:

      And even if I could, I shouldn't NEED to; my computer serves me, I do not serve my computer.

      Well, we're rapidly heading toward the day when your computer serves the various corporate interests that have slipped their fingers into it. The day of computers being for the end user are pretty much numbered.
    51. Re:why not? by scottp1296 · · Score: 0, Flamebait

      Sounds like your father should have spent more time teaching you. Perhaps if you ever find out who he was, you two should spend some time together.

    52. Re:why not? by Lonath · · Score: 0
      Copyright infringement is more like a speeding ticket. Nobody is directly hurt,

      Ahh, more stuff for my list. Your insightful and compelling
      argument(s) about why copyright infringement isn't a big deal have been added
      to the bottom.
      1. The giant record companies are corrupt
      2. The giant record companies colluded to keep CD prices high,and all I got was this lousy voucher.
      3. They don't pay the artists enough.
      4. They screw artists out of their royalties, therefore I should screw the record companies out of their income.
      5. If I knew the artists were getting the money, I would pay for it gladly.
      6. I'm doing it for the artists. Don't you care about the artists?
      7. Britney Spears sucks. Why would you support her?
      8. Congress is corrupt.
      9. They bribed Congress.
      10. The courts are corrupt.
      11. They bribed the judges.
      12. I don't have the money.
      13. I wouldn't pay for it anyway, so they didn't lose a sale.
      14. Information should be free.
      15. Copyright lasts too long.
      16. All thee RIAA base are belong to me biznatch.
      17. I've been doing this for so long, that now I'm entitled to keep doing this, so they can't take it away.
      18. They jack up the prices so that they can pay money to all of the crappy bands that they have on their labels. I don't want to pay for those shitty bands.
      19. I don't like the DRM on CD's so the only way I can play the music is to download it.
      20. NSync sucks. Do you think supporting them is more important than freedom?
      21. My downloads aren't going to make a difference.
      22. They're keeping the indies from getting mainstream exposure.
      23. The stores don't have any of the music that I like.
      24. If they had my favorite band X on their label, I would buy it, but all they have is crap crap crap!
      25. They waste money on stupid shit like Cristal and promotion and advertising.
      26. I could make better music than they could at 1/10 the cost.
      27. CD's cost less to produce per copy today but cost more.
      28. Look. I'm not going to buy the music anyway, and if I stopped downloading they would still blame the decline in revenue on filesharing, so I may as well join in.
      29. Christna Aguilera sucks. I refuse to support an industry that would produce such crap.
      30. The music is all crap anyway.
      31. There's only one song I want off a CD, so why should I have to pay for the whole thing?
      32. They can't put N million people in jail.
      33. It doesn't matter. I've started an open source P2P project that will have totally anonymous users, perfectly secure encryption, and the license will be set up so it will be illegal for the **AA's or law enforcement to log onto the network, so we'll be totally safe! The project is in the alpha planning stage, and we're looking for coders!
      34. Piracy? WTF are we putting on eyepatches and swords and raiding the **AA headquarters? I'll stop when they stop libeling us with their offensive use of that word.
      35. I only downloaded a few songs.
      36. I only downloaded songs that I can't find in a store anywhere.
      37. I wanted to listen to it on Linux and the only versions available for legal download work on WMP.
      38. Who cares, I'll just set up an index on Sealand and they'll never be able to touch it.
      39. We'll always keep ahead of them technologically, so they can't win.
      40. I don't agree with their business methods.
      41. It's an obsolete business model.
      42. They need to change their business models.
      43. If artists had tip jars, of course I'd pay them for downloading their music. Then I would KNOW where the money's going.
      44. I think the entire concept of copyright is wrong.
      45. I don't think that filesharing is illegal.
      46. I can sample and hear different kinds of music and that will make be buy more CD's.
      47. As soon as a micropayment system is in place that doesn't use corrupt serv
    53. Re:why not? by shepd · · Score: 5, Insightful

      >Some people, especially young children, seem to have a difficult time grasping that although nothing physical is taken, theft has still occurred.

      No, it hasn't. Most parents (including yourself, I'm sure) tell their children, once they're old enough to read, that they should check the dictionary. I hope you don't mind if I do it for you.

      theft

      \Theft\, n. [OE. thefte, AS. [thorn]i['e]f[eth]e, [thorn][=y]f[eth]e, [thorn]e['o]f[eth]e. See Thief.] 1. (Law) The act of stealing; specifically, the felonious taking and removing of personal property, with an intent to deprive the rightful owner of the same; larceny.

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


      I don't know how much clear it can be than that, sorry.

      >it's not the physical manifestation that's holds the majority of the value of the item, it's the intellectual property.

      The only real IP I know of is Internet Protocol. "intellectual property" is a buzzword used by various anti-piracy groups to scare users. IMHO, it rates right up there with "speed kills" and "this baby is crying because it's dad was killed by a drunk driver".

      >So, your thinking that even though you took it, the fact that they still have it (wow, magic), let's you off the hook is just plain wrong.

      I'm not saying that. What I am saying is that piracy is not only a lesser crime (IMHO) than stealing, as it only deprives the owner of an imagined profit, and, in fact, does not cause a direct loss like shoplifting, it really bears no relation to stealing. The similarity ends at the word loss. Speaking of which, murder would be a loss of life, and therefore has the same amount in common with stealing as does piracy.

      Again, just my humble opinion.

      That being said, I feel that piracy ISN'T a good thing, that it is illegal, but that it is overzealously punished in today's times where steamboat mickey is still copyrighted property. The only way what people will wake up and stop the insanity (put copyright terms back into the hands of the people) is if people stop making it out to be something it isn't.

      >By the way, you're not even close in interpreting how copyright laws apply to these situations.

      Uhh, seriously, read a law dictionary. Without something being missing from the victim, and without it being in the hands of the perpetrator (preferrably at the same time) there can be no theft.

      While the crime of copyright infringement is generally punished in a federal court, and the crime of speeding violations in a municipal or provincial (or, in the US, a state) court, the style of offense is identical. They're both victimless crimes. Sure, you could say I *would* have bought a piece of pirated software rather than pirating it, but at the same time, if I get a stolen (for real) camcorder for $50 that sells for $5,000 do you think there's even a chance in hell I would have bought it if it weren't stolen? The fact is there is normally no specifically identifiable victim from piracy that can prove a loss, which is just like when you receive a speeding ticket -- nobody can prove a loss. It's just illegal, that's all.

      It's always a lot more complicated to convince someone a crime is bad when there is no victim, and *THAT'S* why the BSA (et al.) want you to (wrongly) think copyright is theft. Because then they have their victim -- english teachers.

      In fact, you'll find my previous dictionary definition a little lax. Merriam Webster says:

      theft: 1 a : the act of stealing; specifically: the felonious taking and removing of personal property with intent to deprive the rightful owner of it b : an unlawful taking (as by embezzlement or burglary) of property

      When dictionaries start saying specifically, and highlight it; I think they're trying to curb an improper usage of the term.

      --
      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
    54. Re:why not? by Anonymous Coward · · Score: 0
      You can't just go around willy-nilly modifying other people's copywritten software to take out the parts you find annoying unless that right is explicitly granted.

      Umm, actually you can. As long as the modified copy is for your own use and you don't distribute it, copyright law explicitly allows this.

      We've gone so far in one direction we've forgetten where we came from.

      Yes, that's true, we have. We've gone so far that we accept whatever crap large corporations or crooked politicians shovel at us without ever engaging a single brain cell wondering if they might have ulterior motives or if we should check on the validity of what they say ourselves.

      Sad, isn't it?

    55. Re:why not? by shepd · · Score: 1

      Ahh, more stuff for my list. Your insightful and compelling
      argument(s) about why copyright infringement isn't a big deal have been added
      to the bottom.


      Well, thank you. However, it is customary, when misquoting, to add an ellipsis to represent the missing section of sentence.

      (Don't take that too personally! :-)

      --
      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
    56. Re:why not? by eniu!uine · · Score: 1

      "punnished for stealing a piece of software. It seems as if we look beyond the crime far too often lately and we forget the obvious... STEALING IS A CRIME... end of story."

      Copyright infringement is NOT STEALING... end of story.

    57. Re:why not? by Anonymous Coward · · Score: 0

      You can, indeed, go around willy-nilly modifying other people's copyrighted software. That right doesn't need to be explicitly granted at all. There's a reason the word "copy" is in "copyright" - it restricts making copies of a work. You can legitimately write in your own books, record over your VHS tapes, or modify your own software all you want. Copyright law only applies when you try to make copies of something or distribute a derivative work, not when you modify the only existing copy.

      The only thing that tries to restrict you from making copies is the EULA - and if that's the only EULA you think you aren't complying with, you need to read them more carefully. EULAs are ridiculous and vague enough to be unenforceable.

    58. Re:why not? by Anonymous Coward · · Score: 0

      This is what do with Diablo 2. I own a copy of it, but my laptop only has an external drive. It is a REAL BIG PAIN for me to have to put in the cd everytime I want to play. Since that means find the drive plugging it in, etc... instead I have setup a shared nfs drive on my main linux box, then I rip the disks and store them there. When I want to play a game, I copy the file over to the laptops harddrive, and off I go.

    59. Re:why not? by Liquidrage · · Score: 1

      You are being nothing short of dishonest even mentioning that you can modify it yourself for your own use in this context. Clearly the user didn't create his own modified .exe And furthermore, since when did installing copywrite protection become analogous to corrupt politicians?

    60. Re:why not? by Spankophile · · Score: 1

      Let me get this straight.... Let's say you have purchased (a license to use) Photoshop. If I borrow your CD, and install it on my computer, I have pirated it.

      But you can still use yours right?

      It undermines an arbitrary business practice of selling "IP" to be sure - but it is certainly not stealing.

    61. Re:why not? by Liquidrage · · Score: 1

      Poor analagy. The current model is more like Lojack. It has the capabilities to report at anytime but only does so when needed. You're trying to make it sound like they are sending information back 24/7 which is not the case.

    62. Re:why not? by Anonymous Coward · · Score: 0

      Yes, but it's not the software vendor who INSTALLED THE SPY PROGRAM. So really your argument may certainly probably falls apart. If I write software that looks for information and sends the information back to me, and YOU copy it and install it, it's not my problem, it's yours!

    63. Re:why not? by Anonvmous+Coward · · Score: 4, Interesting

      "Seriously folks I think lately we've forgotten that stealing is stealing, and if you're stealing a piece of software you should be punnished for stealing a piece of software."

      That's fine provided due process is followed. Calling home and saying "I'm cracked" is not evidence of guilt. I have a piece of cracked software on my laptop. Am I guilty of piracy? Have I stolen anything? Absolutely not! I paid for the software. However, I cannot have a dongle sticking out of the back of my laptop. It's not worth risking breaking of the dongle, or worse, the laptop.

      End of story? Me thinks not. If somebody installs cracked software they haven't paid for simply to evaluate it, have they stolen it? Ethically speaking, no. The fact of the matter is that you cannot return software. The only people who are truely guilty of commiting theft are the people who acquire the software without paying for it, and make use of it.

      I would advise not trying to oversimplify this down to black and white. It is nowhere near as 'end of story' as you're making it out to be.

    64. Re:why not? by Anonymous Coward · · Score: 0

      Maybe I'm not following you correctly, but wouldn't your logic mean that I would be breaking the law if I bought a book, and ripped a couple of pages out because they had objectionable pictures on them? I have physically altered the copyrighted work to fit my tastes.

      And what about music CD's? Say I make a custom CD. Your logic would imply that unless I make a one-to-one copy of the original album, then I have violated the artist's copyright. The songs (if included), are not in the same order; I have modified their existing copyright to fit my tastes.

      What if I decide to add fade-in and fade-out to each track (that didn't have them before)? Now I've gone and actually changed the data on the CD itself; I've meddled with the 1's and 0's (very similar to altering a software executable, yes?). Thus the song is technically no longer identical to the original.

      What if I decide to mix in some cool sound effects? Something like a voice-over, or maybe I rip out the vocals entirely because I'm a karaoke zealot and want to hear myself sing. Is that violating copyright?

      I don't think anyone could argue that copyright is violated in any of those situations. Personally, I believe that when you purchase software, you have bought the rights to use that software in any way you see fit. If you have the knowledge to directly alter the actual binary; more power to you. If you alter the binary to skip the copy protection, you better have your receipt or the original software in case you get investigated for software piracy.

    65. Re:why not? by mog007 · · Score: 0

      Funny, I bought Windows 95 and it gave me that "something more" I didn't want.. BSOD's, lock-ups, and other crashes.

    66. Re:why not? by Anonymous Coward · · Score: 1, Insightful

      Haha, that's pretty funny. I'll modify ANY software on MY computer that I feel like. These software "licenses" are a bunch of baloney anyways. I got the product, they got my money, end of transaction. It's mine now.

      Copyright law says I don't give out copies to others, I'm fine with that. But to say I can't disassemble or modify the code in any way? Ignore that BS.

    67. Re:why not? by Liquidrage · · Score: 1
      No, you're just missing that what youre talking about has no bearing on this converstation.

      His *friend* didn't modify himself. He obtained it. I'm not sending him a warrant so yes, I will use common sense and assume that. It is more then obvious.

      Amazingly, you're the 3rd person that went that route. Why? Why would you avoid the obvious to go with the loophole. That is why I said the state of people here is sad. The software his friend is using IS illegal. We're not discussing draconian RIAA tactics, we're talking about legit developers protecting their assests.

    68. Re:why not? by Attaturk · · Score: 1

      Insightful. Very.

    69. Re:why not? by Broadband · · Score: 1

      I'm assuming your using one of the versions of Windows that doesn't phone home. I am however trying to find out if I can install a legal copy of windows on both my laptop and desktop that only I have access to. What does Home do if you install 2 copies of different machines you own with the same key?

    70. Re:why not? by RebelWebmaster · · Score: 1

      Doesn't directly hurt anyone? Tell that to these guys... http://www.soundprobe.com/

    71. Re:why not? by DonGar · · Score: 1
      Plus, putting the disc in IS a pain. I have a couple large harddrives and a lot of games. I don't really feel like grabbing the CD each time I want to play a different one. I want to click and go.

      I'll second that. I have a laptop that I frequently use for gaming on the road. Having to carry the CD collection around with me is a real hassle.

      I have cracked games and played them myself (without distributing them). I do NOT find this immoral in any way, any more than I find it immoral to have the same game installed on my home machine that I also have installed on my laptop.

      As a sanity check here, if I distributed copies of those cracks, or allowed multiple people to play them at the same time, I would not consider that moral.

      IANAL, but I think that the legality of those acts (disregarding the DMCA) has not been clearly defined. That's why the DMCA was considered necessary. However, I think the DMCA is a bad law because it disallows far more than is necessary for the common good. Other people are welcome to their own opinions.

      Morally speaking, I generally feel that if I paid for something, I have the right to do whatever I want with it, provided I don't hurt anyone. This used to be a common belief in the US, but in recent years, that belief has been changing. I consider that a Bad Thing (TM).

      --
      plus-good, double-plus-good
    72. Re:why not? by scottp1296 · · Score: 1

      > No, it hasn't. Most parents (including yourself, I'm sure) tell their children, once they're old enough to read, that they should check the dictionary. I hope you don't mind if I do it for you.

      I don't mind, but I hope you won't mind if I don't rely on the dictionary for legal advice.

      >"intellectual property" is a buzzword used by various anti-piracy groups to scare users.

      I'm sorry, but I just don't believe that. Intellectual property as a concept has existed much longer than the RIAA or DMCA. The fact that it's not physical property doesn't make it any less real.

      >What I am saying is that piracy is not only a lesser crime (IMHO) than stealing, as it only deprives the owner of an imagined profit, and, in fact, does not cause a direct loss like shoplifting, it really bears no relation to stealing.

      What is it about a person coming in to possession of the 'bits' without obtaining the physical packaging that makes the lost opportunity for profit imaginary or the loss any less direct?

      >Uhh, seriously, read a law dictionary. Without something being missing from the victim, and without it being in the hands of the perpetrator (preferrably at the same time) there can be no theft.

      You're right that under current law you may not be charged with theft, but I'm not trying to explain the fine points of the law to my children. I'm trying to ensure that they understand that (in my opinion) making an illegal copy of a software package is little different than walking in to the store and taking it off the shelf. The value of the software is not attached to the packaging.

      >It's always a lot more complicated to convince someone a crime is bad when there is no victim, and *THAT'S* why the BSA (et al.) want you to (wrongly) think copyright is theft.

      I'm no fan of the BSA, (or RIAA or DMCA for that matter) but here we definitely disagree. There certainly are victims. However you feel about certain software companies, their pricing, their licensing, whatever, the fact remains that the victim is the owner of the intellectual property (sorry, there's that term again) that the violater now possesses without having made any compensation.

      Regards

    73. Re:why not? by deke_2503 · · Score: 3, Insightful
      Information "theft" is not really theft or stealing. Thousands of my users probably "steal" my software, but guess what! I DON'T CARE! It is information, which I CANNOT OWN!

      This is ridiculous. Allow me to make random analogies to support myself, because this is Slashdot, after all.

      Consider a carpenter. If he builds a chair, it is a physical entity which one person (himself) owns. It cannot be reproduced effortlessly. Therefore, he can sell it and make money to compensate himself for his labor.

      Consider, again if you will, a programmer. If he writes a program, it is a theoretically non-physical (yeah, it exists on disk/memory somewhere, but that's irrelevent) creation which he owns. However, it can be copied, meaning someone can reproduce it freely and infinitely with no cost to said person and no compensation for the programmer.

      Where do you get the idea that a program is information from? That's like saying the chair you're sitting on to read slashdot from is information. And obviously there's the kneejerk reaction to this claim of "that's absurd! I didn't say that," but look again. You did.

      People do not create information. Information exists. Therefore, if one creates anything, be it a chair, a program, or a cowboyneal voodoo doll, it cannot be information.

      You make the false assumption that because it is not a physical thing, your programs are information. This only barely makes a semblence of sense because in essence, they are information for how the computer should run. But that's because they don't physically exist. Just because they cannot be canned and shoved on a store shelf doesn't mean they are information.

      Finally, to reiterate and conclude the beating of the dead horse, allow me to give examples of information:

      • George W. Bush is President of the United States.
      • The sky is generally blue
      • Moscow is the capital of Russia
      • The current year is 2003
      • Wine is made from grapes

      The difference between those and a computer program is obvious.

      -dave

    74. Re:why not? by shepd · · Score: 2, Insightful

      Self inflicted wounds don't count, sorry.

      So, are they making millions now? I must assume so, since they have taken such a drastic measure. How's their stock? Did it hit peak?

      We'll see how they're doing next year. I mean, if piracy really hurts them so bad, stopping it should make them billions.

      --
      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
    75. Re:why not? by shepd · · Score: 2, Insightful

      Sorry to answer my own post, but they've already given us the answer to my questions:

      The support forum will continue and the plugins shall remain for another month, however, the main installer is no longer available for download and as of the 31st August 2003 all sales of Soundprobe have stopped.

      It seems that by "stopping piracy" they've put themselves out of business.

      That's not very smart, is it? Doesn't that prove that piracy increased their sales? Because while it was being pirated, it was for sale. Now that it isn't pirated, it isn't for sale.

      What a crazy company.

      --
      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
    76. Re:why not? by mOdQuArK! · · Score: 1
      The difference between those and a computer program is obvious.

      If it's so obvious, then you shouldn't have any problem explaining the difference to me, because I don't see it. A program is data. Data == information. About the only difference I can see being used as an argument is that a machine will do something when following the instructions encoded by that data, but that's not really an argument, since that could also be true of the types of facts that you made a list of.

    77. Re:why not? by Anonymous Coward · · Score: 0

      Reasonable Statement, but I will bite anyway.

      As someone who makes a living making photocopiers, I completely disagree that "COPYING COPYRIGHTED MATERIAL IS ILLEGAL" as you say.

      I don't want to get into semantics with you, but here goes:
      Copyright violation involves the copying of someone's copyrighted material, removing thier ability to benefit from it. (paraphrase)

      Information "theft" is not really theft or stealing.

      Thousands of my users copy books, but guess what! I DON'T CARE! It is information, which I CANNOT OWN!

      Noone, author or publisher, has a constitutional right to make a living as an incentive to produce useful works.

      Everyone has a NATURAL right to consume and reproduce information. How do I know? Look how we are physically built, for crying out loud!

      Let me close with this somewhat fanatical thought: On Star Trek they can produce objects by piecing them together molecule by molecule.

      Now, it will probably take longer than my lifetime to occur, but EVENTUALLY you all will be able build a generic TRIBBLE from its component molecular pieces.

      Consider this "fictional" world for a moment: No more scarcity, no more hunger, no more epidemics caused by lack of tricorders.

      Now consider this fictional world, with *your* "COPYING IS COPYING end of story" claim: Should the Federation that creates a new molecular structure have a monopolistic control over said structure? Should you be able to produce (from scratch, not by "physically stealing") a replacement Brake Pad for your starship without paying the Federation for the privelidge? What about creating your very own "dilithium-like" substance for your matter-antimatter reactor? Should you have to pay the Federation?

      I stated before, and firmly believe, that information wants to be worthless, in an economic sense. Information has no "owner" that I recognize, and, as such, I do not consider the "copying" of copyrighted information to be "copyright violation".

      If someone broke into my office and stole the computer I was writing my book on, then THAT is theft of property, as it has deprived me of it.

      If someone copies (without my permission) my book and reads it without paying me, oh well! I've only lost incentive to write! I still have my book. The only thing I *may* have lost is my living, but NO AUTHOR HAS A NATURAL RIGHT TO MAKE A LIVING! NO AUTHOR!
      (Thats why "Step 2: ???" is so common! heh)

      In the above "Star Trek world" example above, noone could profit! There would be no object scarcity, therefore (almost) no intrinsic value to *ANY CRYSTAL*, let alone "dilithium crystals."

      Time to end this rant, but PLEASE PLEASE consider:
      The end result of personal "posession & ownership" of information, combined with limited monopolistic control, and the added "Lets consider real entities with the stated goal of survival (authors) the same as people, with the same 'rights' to own information, etc, is a FEDERAL INCENTIVE SYSTEM, not the (what I consider) ideallic, Star Trek society that we COULD have then.

      The road we are starting down today is leading us towards the non-fictional of the two, I believe.

      Live long and prosper.

    78. Re:why not? by sco08y · · Score: 1

      As someone who makes a living writing peer-to-peer software...

      Noone, corporation or individual, has a right to profit.


      Yes they do; it's a special case of the right to the pursuit of happiness. Otherwise, how do you rationalize making a living?

      Everyone has a NATURAL right to consume and reproduce information. How do I know? Look how we are physically built, for crying out loud!

      Not a great analogy since, historically, the way we were physically built involved involved an awful lot of rape. Males, being physically dominant, saw the "information" they wanted and took it.

      I don't disagree that you have an inalienable right to read and write, but part of being an adult is the right to voluntarily suspend it.

      In the above "idealistic copying world" example above, noone could profit! There would be no object scarcity, therefore (almost) no intrinsic value to *ANYTHING*, let alone "strictly informational things."

      Sigh... it's been promised before, it's called communism, and has cost over a hundred million lives, not counting war deaths. It doesn't work and never will.

    79. Re:why not? by shepd · · Score: 1

      >Intellectual property as a concept has existed much longer than the RIAA or DMCA. The fact that it's not physical property doesn't make it any less real.

      It has? The RIAA has existed since the 1950's when they were first incarnated as the standard setter for Phono Preamps.

      I feel that it's misleading to suggest this. In fact, it wasn't until the 1970's when Bill Gates released his open letter to computer clubs on piracy that people even had an "anti-pirate" to laugh at.

      >What is it about a person coming in to possession of the 'bits' without obtaining the physical packaging that makes the lost opportunity for profit imaginary or the loss any less direct?

      The fact that it costs the originator of the work positively nothing when you pirate.

      Prove to me that, for example, Microsoft loses even $0.01 if I were to pirate windows from a newsgroup. Consider the fact that I prefer to use linux, and that I already own a copy of windows for my laptops. My piracy of windows would be pointless, as I already own what I need for myself, but still possible.

      You see, if I steal a car I already own, there is a proveable loss. Someone has no car. But if I pirate an OS I already own (perhaps say for a POS computer in my basement that I'm just using to prove my point) you can't think that I would pay for it twice, so that doesn't count.

      So where's the loss?

      >You're right that under current law you may not be charged with theft

      I'd RATHER be charged with theft. Current piracy laws are even stronger than those used against rapists and murderers.

      >I'm trying to ensure that they understand that (in my opinion) making an illegal copy of a software package is little different than walking in to the store and taking it off the shelf. The value of the software is not attached to the packaging.

      Hey, no problem. I completely understand, and I certainly wouldn't say that piracy is a good thing. It is a "bad thing", however, it is a distinct thing from theft, and, in most cases, is certainly not viewed by most as being as bad as, or worse than, plain old theft.

      >I'm no fan of the BSA, (or RIAA or DMCA for that matter) but here we definitely disagree. There certainly are victims. However you feel about certain software companies, their pricing, their licensing, whatever, the fact remains that the victim is the owner of the intellectual property (sorry, there's that term again) that the violater now possesses without having made any compensation.

      The only way to define them as a victim is similar to the way that when I receive a speeding ticket I pay a "victim's surcharge". It's defined in the sense that the absolute worse violators (the ones that commit fraud by selling pirated goods as original) do cause there to be a victim (the company CLEARLY loses sales in those cases, or the speeder kills because he was doing 200 mph). But, in the general sense, there is no clear way to prove the company is a victim. The only possible defense that they are a victim from a home user sharing their software with their friend, apart from copyright infringement, is that the company has suffered emotional distress from having it's directives violated. This is similar to my feelings when, for example, someone buys something I spent my hard time on (oh, let's say a painting) and makes it into an effigy. I feel bad, but it doesn't make me a "victim".

      So, that just doesn't cut it for me. For me to call someone a victim, I need to see a loss, or some real pain. Without those, I just can't justify the use of the word in the legal sense.

      And, as far as copyright goes, law is the only thing holding it together, because the general populous doesn't agree with how it is set up.

      --
      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
    80. Re:why not? by spacefrog · · Score: 1
      then you dont mind us installing a new tracking device on your cars to tell the manufacturer and your loan company and officer where your vehicle is at all times
      • On high-risk loans, they already do.

        Initially, the data is used to make reposession easier. If that does not work, the loan company will eventually report the car stolen (which it really is at that point) and will relay that data to the authorities.
    81. Re:why not? by bnenning · · Score: 2, Insightful
      The pirating of a $50 software (making one illegal copy) costs that company $50, period.


      Only if you make the wildly erroneous assumption that everyone who pirates a piece of software would otherwise have paid full price for it.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    82. Re:why not? by pla · · Score: 1

      You are being nothing short of dishonest even mentioning that you can modify it yourself for your own use in this context. Clearly the user didn't create his own modified .exe

      And what would you say if I told you that he did in fact do the crack himself? Any decent programmer can trace through a program and replace an appropriate jump with a nop, doesn't exactly take god-like skills. At worst, a little bit of trial-and-error as you run into "fake" copy-protection checks, but if you just keep defeating one after the other, eventually you'll get to the real one.

      Now, considering the above, would it make a difference if he had used a freely-downloadable patch to the program? Obviously downloading the cracked executable itself goes to far, but does a small program that reflects the experience of someone who already went through the tedious work of tracing through the program differ in the least from doing it personally?

      To compare this with someone else's analogy, would you consider scribbling little frog pictures in the margins of a book okay but using pre-made stickers of the exact same frogs illegal?

      Or, for another similar situation - I've personally cracked programs that I had a right to use but, for various reasons, no longer worked (as the most common example, programs written in an old version of Turbo Pascal for DOS would calibrate a timing loop on startup, which would result in a division by zero on machines above roughly a PII/300, and you could (usually) fix this simply by initializing the counter to 1 rather than 0). Would you consider it immoral that I didn't just throw up my hands, kiss $50 or so goodbye, and go buy a new product when the old one did exactly what I wanted from it?

      Sadly, you probably would consider that immoral. Can't have those uppity programmers going around exempting themselves from the cycle of planned (or even unplanned) obsolescence, now can we?

    83. Re:why not? by FlashBIOS · · Score: 1
      You said:
      Now consider the same world, with *your* "STEALING IS STEALING end of story" claim: Should the first person/company that creates a new molecular structure have a monopolistic control over said structure? Should you be able to produce (from scratch, not by "physically stealing") a replacement Brake Pad for your car without paying Ford for the privelidge? What about creating your very own "claritin-like" substance for your allergies? Should you have to pay Mosanto?
      I am afraid that there is a error in your logic here. What you describe above is not the same as the "stealing" that this article is talking about. You describe, for example, downloading Office from P2P as creating your own "Office-like" program from scratch. I am afraid that is not what you are doing. OpenOffice (et al.) would be creating your own "Office-like" program from scratch. This is all perfectly legal, even encouraged.

      If we take your analogy to the present, where it is easier to see the ramifications, then companies shouldn't charge for manufactured goods -- they're only copies aren't they? They should only be able to charge for the original, and my taking of a manufactured good shouldn't be seen as stealing. See how foreign, silly even, that sounds? (And no, downloading [i.e. copying] a program is not manufacturing it even though there is another copy. It is transporting.)

      You said that stealing involves the deprivation of someone's property, removing their ability to benefit from it. You are depriving a software publisher of property -- money -- when commercial software is used without paying. It doesn't matter if you couldn't afford it or were only going to use it once for a little bit ("But officer, I can't afford a Lexus and besides, I only drove it across town!").

      Now I am a big fan of P2P and even use BearShare. But when I've download commercial software I stole it.

    84. Re:why not? by Anonymous Coward · · Score: 0

      "Not a great analogy since, historically, the way we were physically built involved involved an awful lot of rape."

      HA HA HA HA HA HA HA HA HA HA.... yeah, right.

    85. Re:why not? by Anonymous Coward · · Score: 0
      The value of the software is not attached to the packaging.

      Actually, in the outlined scenario this statement is completely wrong.

      Making an illegal copy of a software package is COMPLETELY different from walking into a store and taking it off the shelf.

      When you copy a piece of software, there is a *perceived* loss or loss or potential revenue to the PUBLISHER of the software. The PUBLISHER can still sell it again and again, regardless of your having duplicated it. You have not prevented the PUBLISHER from doing anything.

      If you take it off the shelf of a retailer, the PUBLISHER has already made his money, and the RETAILER is the one experiencing the loss, and that loss is intrinsically linked to that physical package. Once YOU have taken that package, the RETAILER can never sell THAT package again. Package=Profit, no Package=Loss, End of story. The fact that there's software in the package is inconsiquential to the reatiler.

      The lesson to the kids that BOTH of these things are wrong to do is a good one. The lesson that there is little difference between the two scenarios is fallacious.

    86. Re:why not? by teklob · · Score: 1

      I think we've also forgotton that stealing is different from copyright infringement.

    87. Re:why not? by zedmelon · · Score: 1
      Can everyone please speak more slowly so I can catch up?

      I'm not meaning this as a troll, but I don't see this huge difference between "stealing" and "copyright infringement."

      Firstly, I have to say that yes, the spyware approach is a bit drastic.

      Secondly, I can appreciate the distinction between physical theft and pirating an unlicensed copy of software. But I'm still having trouble reconciling with the idea that 'Information "theft" is not really theft or stealing.'

      I'm not a programmer, but I am a musician, and I think there can be a common viewpoint between the two, or at least similarities.

      Let me further complicate things by saying I support the sharing of .mp3 (ogg, whatever you like) files. Dave Matthews has allowed recording of his shows since day one, and he can afford to eat out once or twice a week. It gives more exposure to a performer than it detracts from that performer's profits.

      [hypocrisy disclaimer]This is not to say I agree with the idea that it's everyone's right to make a copy for themselves.[/hypocrisy disclaimer]

      Music fans that expect everything to be free are wrong, no matter what they tell themselves in justification. If you like someone's .mp3s, pay for a concert ticket, buy a shirt while you're there. At least go buy the CD from the artist's website. The notion that "NO ONE has a natural right to profit" isn't very clear. Are you saying that when someone works on something, they don't have a right to be paid for it? As arguable as it might be, I think Billy Ray deserves to be paid for every hopeless lemming that he managed to con into purchasing a copy of the painful abomination he released in the early 90s. If the artist chooses to sell their records through the RIAA, then it's their own fault if they're not getting a decent cut. But are you fixing that by not paying at all?

      "Thousands of my users probably "steal" my software, but guess what! I DON'T CARE! It is information, which I CANNOT OWN!"

      You wrote the code, and you can distribute it for free if you like, or you can charge (don't you?) for a pro version. Besides, don't you make money from the ad supported version of bearshare as well? As owner of BearShare, it would be a bit of a stretch for us to accept your opinion as completely unbiased. You SIG says, "Help me out, and use BearShare." Is that just for celebrity status?

      AFA molecular reconstruction, I can't imagine technology like that being available to the average consumer to the point where it would be economically viable for anyone to "morph" themselves a brake pad. Ever.

      Where does the my-copy-your-copy distinction lie in code? Open source is open source because people have voluntarily worked on it knowing that it will be shared. Smart money says these people have external sources of income; you can't pay the mortgage by working for free. There's a difference between 'personal "posession & ownership" of information' and writing original code with the intent of selling it. I don't see anything wrong with a programmer expecting money for every copy of his/her software that gets distributed.

      Hmmm. "stealing money/goods/services" vs. merely "potential profits," I'll offer my Dad as an example. If he was going to buy a new computer, he could call Gateway or Dell, and he'd end up getting a licensed copy of M$ crap, for which they (M$) would receive a royalty. If I knew about it before he made the purchase, I'd have him get online, and we'd find and order the parts he needed, and then I'd... er, refer him to a friend who has an old copy of WinBlows he doesn't use anymore, and my Dad would no longer be contributing to the Expansion Of The Empire. Now assuming this would be an

      --
      Mom says my .sig can beat up your .sig.
    88. Re:why not? by waveclaw · · Score: 1

      Troll, but I will bite anyway.

      Sometimes the icky things thrown from the creeps under the bridge is really the manure you need to feed your plants.

      I generally agree with how flawed the theft argument for software piracy (you can only deprive them of recompense for time and effort as they still have the object in question after you get it.) Most of my thoughts, however are already written up at my privacy rant and my rant on the value of products. I'd hoped to help dispell the myth of 'information wants to be free' with the latter, but you can't change the world more than one mind at a time.

      --

      "You cannot have a General Will unless you have shared experiences. You cannot be fair to people you don't know."
    89. Re:why not? by deke_2503 · · Score: 1
      The difference is that you create a computer program. Consider that, in 20 years, society develops a machine that can (somehow) duplicate exactly any physical object, using merely a small amount of air, water, and dirt. Does that mean that all physical objects are information, and thus freely available to everyone? Perhaps they should be, but at the moment, that sounds ridiculous.

      This is a bit of a stretch from the point, but tit makes sense. Sure, I'll grant that a program is composed of data, and data is information, but that hardly was my initial point. The point is that it's not random data, it's a creation. Moreover, it's a creation designed to do something, such as balance checkbooks, provide entertainment, browse the web.

      The obvious difference between the randomly selected list and a computer program is that claiming ownership or creation of the list of "information" is ludicrous, because they were not created by someone. Programs, on the other hand, are created "data" that someone actually can lay claim to.

      Just to throw out another point, by your logic, everything is data, because it is perceived by our senses as such. If you "see" something, you're actually processing data in your brain which was received by your eyes. So, in a sense, by this logic, everything is free to be "stolen" because it's just information.

      And, please don't respond to that with accusations of how ridiculous that is, because in reality, it's the same as assuming that just because a program is stored as data, it's free information.

      -dave

    90. Re:why not? by Anonymous Coward · · Score: 0
      [M]y computer serves me, I do not serve my computer.
      A different poster here, but I like the sound of the above sentence. It only needs a few words added to it:

      My computer serves only me. I do not serve my computer and I don't allow it to serve anyone else. I take it as a personal affront when someone else's software steals my computer away from me.
    91. Re:why not? by RebelWebmaster · · Score: 1

      That or they just couldn't afford to develop it anymore because piracy was eroding their sales too much...

    92. Re:why not? by shepd · · Score: 1

      >That or they just couldn't afford to develop it anymore because piracy was eroding their sales too much...

      Then how does not selling it at all improve the situation?

      I fail to see the logic in discontinuing a program which they obviously see as popular (unpopular programs don't get pirated) rather than finding out a solution that works. Generally, bringing the price down/improving service/including extras with paid version are a good start. Shutting down development just ensures you're out of pocket.

      It doesn't make sense.

      --
      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
    93. Re:why not? by Waffle+Iron · · Score: 1

      What if the warez site put up a binary diff against the actual CD, and the guy downloaded only that. The end state would be exactly the same: the guy has a legal CD on his bookshelf and a cracked copy on his hard drive. The only difference would be that he did not transfer an "illicit" copy over the Net. Would he now be in the clear?

    94. Re:why not? by Kalewa · · Score: 1
      Stealing is stealing. Infringing upon someone's copyright is NOT stealing, it's infringing upon their copyright.

      If I could mod you higher than 5 I would. That's a beautifully simple statement that just sums things up perfectly.

    95. Re:why not? by DavidBrown · · Score: 1

      Here's the legal definition of larceny, the common law source of theft crimes:

      The taking and carrying away of the tangible personal property of another, with the intent to permanently deprive.

      So you are correct, you can't "steal" music, because music isn't tangible. Unless you steal a CD from someone, because in that event you are taking a physical recording. However, as Congress has the power to regulate copyright, it can make copyright violation a crime, if it wants to. And it has, to a limited extent. Violation of copyright still isn't theft, but it can be a crime.

      And just to quibble a bit, you don't have to have the item in your possession for it to be theft. The crime has been committed as soon as you "take and carry away" the item in question with the intent to permanently deprive. You can throw it away after that, and it's still theft. You can even return it after that, and it's still theft if you intended, at the time you took it, to not return it later.

      --
      144l. ph34r my 133t l3g4l 5k1lz!
    96. Re:why not? by screenrc · · Score: 1
      Not realy. There is no standard definition
      of "stealing". In most cases, stealing
      is the definition that suits you this moment.


      As for "natural rights", it is even worse. There
      is no such thing as natural rights or natural
      laws. Prove it. Turn them around and look at them
      from any angle, you will never find it.

    97. Re:why not? by DavidBrown · · Score: 1

      The problem with your argument is that the consent is buried in the EULA. If you install the software, you are buying into the publisher's copyright protection scheme.

      And you don't need a warrant. Warrants are for the state, not for people and businesses.

      It is the ultimate irony that the people whose "privacy" rights many are defending here are the people who are illegally using copied software. They claim that the "private" data owned by the users has a greater dignity than the "published" data distributed by the software company. Here's my libertarian take on this: So what? In any case in equity, the Doctrine of Unclean Hands applies. And it's not as if the software copies the entire contents of the user's harddrive and gives it to the software publisher - it just distributes identifying information allowing the software publisher to act to protect its rights. If you want to protect that private information, either 1) don't use illegally duplicated software; or 2) don't allow your computer to be connected to the outside world.

      --
      144l. ph34r my 133t l3g4l 5k1lz!
    98. Re:why not? by shepd · · Score: 1

      >And just to quibble a bit, you don't have to have the item in your possession for it to be theft. The crime has been committed as soon as you "take and carry away" the item in question with the intent to permanently deprive. You can throw it away after that, and it's still theft. You can even return it after that, and it's still theft if you intended, at the time you took it, to not return it later.

      Okay, perhaps I should have said you needed to have the item in your posession. Stupid tenses giving me trouble... It would be hard to take away an item from someone if it weren't (illegally) in your posession... I bet you're going to come up with an exmaple, now, aren't you? Damn. ;-)

      And hey, no arguments that copyright isn't a crime. It is. It's just that it simply isn't stealing. And, even in the colloquial sense, it's an odd fit.

      --
      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
    99. Re:why not? by PetWolverine · · Score: 1

      How is a chair like a computer program? If a carpenter makes a chair, and I steal it, then that's, well, stealing. If I copy a computer program, I haven't deprived anybody of anything, so I haven't stolen anything.

      Would it be somehow wrong for me to look at a chair, say "I can do that", and proceed to prove it by making a copy? What if the chair was still in the store, and I hadn't bought it? Now I have a chair, for which I haven't paid. Come arrest me!

      In the world envisioned by the parent poster, I wouldn't have to go to the trouble of actually building the chair; I would just sort of scan it, and print out another copy. That's not fundamentally different from building the chair myself, but it is fundamentally different from ganking the chair and walking out of the store with it.

      --
      I found the meaning of life the other day, but I had write-only access.
    100. Re:why not? by EzInKy · · Score: 1

      The difference is that you create a computer program. Consider that, in 20 years, society develops a machine that can (somehow) duplicate exactly any physical object, using merely a small amount of air, water, and dirt. Does that mean that all physical objects are information, and thus freely available to everyone? Perhaps they should be, but at the moment, that sounds ridiculous.

      Ridiculous? It only sounds logical. Surely you wouldn't restrict the use of such a device by silly laws just to make money that would be useless since you could make anything you needed anyway.

      --
      Time is what keeps everything from happening all at once.
    101. Re:why not? by pdxmac · · Score: 1

      Hell, even then the company didn't have to pay the distributor or retailer. IANASR (software retailer), but wouldn't the cost be more like $30-ish? Period. Comma, Question mark? Whatever punctuation you like !@#$%^&*()_+

    102. Re:why not? by DriftPeasant · · Score: 1

      Okay, first off, yes, I can own information. In the most limited sense, I can have a piece of information, whether it be my favorite food or a piece of code I wrote, I can refuse to share it with anyone, and it is mine and mine alone. Even if it becomes known, I still "own" it. The creation of an item confers ownership until it is transferred. At the most basic level, all items are just "information" - they have a molecular structure that can be expressed as information. If you possess the ability to construct an item from that information, you can have the item. So the idea that information is somehow in the public domain is ludicrous. As for the idea that I have no idea to profit... You are correct. I do not have the right to profit. Nor do you have the right to walk down the street. Rights are an arbitrary construction. There is nothing that you can do that man cannot take away from you. But while there are no inherent rights in this life, you can do whatever you so choose. And I choose to profit. Business is built on profit. The world is built on profit. No matter what you sell, provide, or do, you make profit. You make wooden canoes? You trade them for money. If you sell them for the exact cost of the materials used to make them, you will starve. If you sell them for MORE than the cost, and call that inflated cost the cost of labor, then you are making a PROFIT. Time is worth nothing but what you say it is. You write BearShare. You make money from its sales/advertisting revenue/handouts by people who like it/etc. I can guarantee you that you've gotten more out of it than you put in or you wouldn't do it. Even anarchists have to eat. Given the choice between a world where one corporation controls the means of nanoproduction or a world in which it's free, I'd take the corporate world. Why? Because they spent the money to create that process; therefore they deserve to use it. There is no inherent right to information. You do not have the right to use the information I created. Only I do. If I choose to sell it, or use it to enslave the populace, well... tough.

    103. Re:why not? by Dun+Malg · · Score: 1
      it's a special case of the right to the pursuit of happiness

      Bullcrap. There may, perhaps, be a right to pursue profit, but right to profit in itself? No way. If technology renders one's previous business model unprofitable, one has no right to legislate that the technology be banned, rationed, or controlled to ensure their continued prosperity. Buggy whip makers? Wig powderers? Night-soil collectors? What about their "right to profit", eh? There's a quote from Heinlein that covers this-- I let someone else produce it.

      In the above "idealistic copying world" example above, noone could profit! There would be no object scarcity, therefore (almost) no intrinsic value to *ANYTHING*, let alone "strictly informational things."

      Sigh... it's been promised before, it's called communism, and has cost over a hundred million lives, not counting war deaths. It doesn't work and never will.

      Dumbass, you totally missed the fucking POINT. He wasn't describing communism. Communism is collectivism. He's describing a world where "collecting" (AKA "stealing") would no longer even be worth the effort because any physical object could be created at will on demand, a la ST:TNG replicator.

      --
      If a job's not worth doing, it's not worth doing right.
    104. Re:why not? by Saeger · · Score: 1
      Surely you wouldn't restrict the use of such a device by silly laws just to make money that would be useless since you could make anything you needed anyway.

      The thing of it is -- is that even in an economy of abundance with free digital reproduction (which we have now) and near-free material reproduction (which is the "other side of the couin" that we'll have soon), there will always be those would want to restrict this freedom in order to secure disproportionate power for themselves. It's not about logic.

      It's in our genes to be greedy -- some more than others. Without genetic engineering it would take a loooong time for people to adapt a world with very little scarcity.

      --

      --
      Power to the Peaceful
    105. Re:why not? by Anonymous Coward · · Score: 0

      Hopefully, for your sake, you are just trolling. I fail to think that someone would argue indepth this much and be so utterly and completely wrong and stupid. What I mean, is that your arguments only have some type of merit if you believe that any "product" as in software, literature, or music has no monetary value since it not actually a physical product.

      Aside from any moralities about a law, you can surely agree that if you break a law then you should receive some type of punishment. You may also be subjected to paying compensation to the people/entities that you hurt in breaking this law. Again, I'm saying ignore any moralities of the law and look simply at semantics. If you break a law, you suffer the punishments that are laid out in the law.

      Ok, so lets say I create this great new set top box. I use Linux as the operating system on my product. I then strip and modify KDE so that I users can browse web pages, send email, browse newsgroups whatever. I also use say gstreamer for playing any multimedia and whatever else. I need to modifiy all of these applications to customize them for my uses. I then refuse to release any changes made to any GPLed and LGPLed code (or any other similar licenses that require source code release for any changes to the distributed code). I make even $1.00 off of it. The original developers are not harmed in any way because I did not steal anything. They fully gave out the source code, and they probably never even made a penny off it since they are probably working for free. Or any that where paid to develop any of it, well they were already compensated by being paid and the released the source code.

    106. Re:why not? by Kaenneth · · Score: 1

      Rental companies do install such devices.

      why 20 seconds between reply and posting?, that's stupid, I have to add crap, or sit idle to add a comment?

      I a LOVE how it erased the comment field when I hit 'Back'.

    107. Re:why not? by deke_2503 · · Score: 1
      I meant it is ridiculous to think of everything as information under such a pretense. Yes, if some technology becomes available, I wouldn't feel it necessary to restrict it, but consider that in reality it would shatter the existing market economy.

      -dave

    108. Re:why not? by Anonymous Coward · · Score: 0

      But what does the Encarta Dictionary say that theft is?

    109. Re:why not? by Anonymous Coward · · Score: 0

      Consider this "future" world for a moment: No more scarcity, no more hunger, no more epidemics caused by lack of medicines.

      Ahh...but what about the energy to do this? Unless we all have cold fusion reactors to power our Universal Replicators, this will not work.

      And there are other raw materials that will be required. Elemental raw materials will still need to be purchased for these systems.

      Software already is like you say, and because it really is so ephemeral, is probably one of the only things that can truly be close to it.

    110. Re:why not? by Anonymous Coward · · Score: 0

      But this is exactly what Norm Abrams [sp] does. Watch one of his carpenter shows (no, not "This Old House"). The guy walks into a museum, historical building or whatever. He sees a cool or interesting piece of furniture. He maybe asks to take a couple of measurments or pictures, but probably doesn't really need to. In the course of 3 or 4 episodes, he's built a replica of a very expensive historical piece of furniture.

      That is about what level software "pirating" is at.

      Now, let's have an argument instead of whether farm-raised salmonid fish should have pink food coloring applied to it so it resembles wild salmon...

    111. Re:why not? by EzInKy · · Score: 1

      I meant it is ridiculous to think of everything as information under such a pretense. Yes, if some technology becomes available, I wouldn't feel it necessary to restrict it, but consider that in reality it would shatter the existing market economy.

      I know where you are coming from and for some reason Farmer's "To Your Scattered Bodies Go" and grail slaves comes to mind.

      --
      Time is what keeps everything from happening all at once.
    112. Re:why not? by Upphew · · Score: 0

      What if the original developers don't try to make money from their software? What if they are trying to make knowledge? Now You have deprived them from their pay: knowledge.

    113. Re:why not? by Anonymous Coward · · Score: 0
      Installing spy programs on someone elses computer and misapproriating their resources to send information about that computer back to you, OTOH, may certainly be a crime.

      Unless you gave them the right to do so when it was only on page 1143 of the EULA, which can be viewed only in a 2" x 3" window.

    114. Re:why not? by Anonymous Coward · · Score: 0
      The only real IP I know of is Internet Protocol. "intellectual property" is a buzzword used by various anti-piracy groups to scare users. IMHO, it rates right up there with "speed kills" and "this baby is crying because it's dad was killed by a drunk driver".

      Or those ridiculous-ass "child on board" signs, which imply that you're likely about to do something wrong. I once pulled up alongside such a car where about a four year old had been standing up on the front seat. No child seat; no belt. Mommy was smoking up such a storm I nearly couldn't see out the other side. When I pointed at the kid, then pointed down toward the seat, the fucking bitch flipped me off and punched it as soon as the light turned green.

    115. Re:why not? by Anonymous Coward · · Score: 0
      consider that in reality it would shatter the existing market economy.

      And that would be a bad thing because...?

    116. Re:why not? by Anonymous Coward · · Score: 0

      ...any physical object could be created at will on demand, a la ST:TNG replicator.

      I've always wondered about this. Would you not need to still provide the molecules/matter for the replicator to use when creating your food or whatever? And wouldn't this create a market for things like dirt and stuff?

      Seriously, if I wanted to replicate a car or something, I don't know where I'd be able to get all of the molecules I would need for that without either recycling a bunch of my current stuff or heading to Central Park with a shovel (though I don't think the city would like that).

    117. Re:why not? by ortholattice · · Score: 1
      Some people, especially young children, seem to have a difficult time grasping that although nothing physical is taken, theft has still occurred.

      Perhaps there is a reason for this. Do you recall the tale, "The Emperor Has No Clothes"? Sometimes it takes the eyes of a child to see the truth. Now as for copyright infringement, that is a different matter; you have teach the child about the government-sponsored "limited" monopoly on information, and that indeed is a difficult concept, one that even now I am still trying to grasp fully.

    118. Re:why not? by Anonymous Coward · · Score: 0

      "The pirating of a $50 software (making one illegal copy) costs that company $50, period."

      How does that work? If I write a program and put a $50 price-tag on it, and you decide that you want to make a copy of it, why do you think that I'll have to pay money for this? If someone else makes a copy, they pay the cost of copying. It doesn't cost me anything.

    119. Re:why not? by crosseyedatnite · · Score: 2, Insightful

      Wow, wrong on so many levels.

      <i>Stealing involves the deprivation of someone's property, removing thier ability to benefit from it. (paraphrase)

      Information "theft" is not really theft or stealing.</i>

      The information in question is the bits and bytes that form a program. The concepts of copyright represents the author's defined monopoly of what will be done with this information, be it sell it, trade for it, or even do nothing with it, in exchange for having this information available once his copyright expires. People who violate his copyrights are in effect, depriving him of his legally assigned monopoly on the information the author created. Period.

      <i>Thousands of my users probably "steal" my software, but guess what! I DON'T CARE! It is information, which I CANNOT OWN!

      Noone, corporation or individual, has a right to profit.

      Everyone has a NATURAL right to consume and reproduce information. How do I know? Look how we are physically built, for crying out loud!
      </i>

      Hmmmmm, I call Shenanigans on this one. Copyright is the sole basis for the users who aren't "stealing" your software to compensate you for producing it. By your twisted and faulty logic, I should be able to take your software, copy it outright and sell it to your potential users for $0.10 a copy because I didn't have to go through the expense of producing it.

      In your fantasy world, nobody would ever pay you a single cent, and I'd become rich at your (and other's) expense. But hey, I'M NOT STEALING! I'm just expressing my <b>natural right to consume and reproduce information</b>

      You, sir or madam or whatever, are an idiot.

      --
      e to the i pi equals negative one
    120. Re:why not? by alexo · · Score: 1

      >> it's not the physical manifestation that's holds the majority of the value of the item, it's the intellectual property.
      >
      > The only real IP I know of is Internet Protocol. "intellectual property" is a buzzword used by various anti-piracy groups to scare users. IMHO, it rates right up there with "speed kills" and "this baby is crying because it's dad was killed by a drunk driver".


      Those buzzwords are, however, becoming frighteningly effective. See below...

      > What I am saying is that piracy is not only a lesser crime (IMHO) than stealing, [...]

      Piracy, an act of robbery on the high seas, is a much more serious crime than stealing.

      You were saying something about scary buzzwords?

    121. Re:why not? by jazman · · Score: 1

      > piracy is not only a lesser crime (IMHO) than stealing, as it only deprives the owner of an imagined profit, and, in fact, does not cause a direct loss like shoplifting, it really bears no relation to stealing

      Still wrong. Piracy is a different crime than stealing, yes, but it has degrees of severity and cannot accurately be said to have a lesser impact in all cases.

      Pete Jackson has just made a fortune with LOTR:FOTR and LOTR:TT, and is about to make another fortune with LOTR:ROTK. This has not yet been released. Let's assume he has the complete film and is just waiting for the right time to release it.

      Now assume you somehow get hold of this reel and take a copy. That would be piracy. The impact to PJ at this point in time is non-existent. You have a copy, but you have done nothing with it. Suppose the dog eats it or something. If that remains the case, then the impact to PJ is zero, and if your crime were discovered at this point, your punishment would (should) be accordingly limited.

      Now let's suppose you wait until release date, then watch your copy (and then the dog eats it, or whatever). Assuming you would have paid if you didn't have the copy, this now means you have deprived PJ of that ticket price. The impact of the piracy is still fairly non-existent, and any punishment you would receive at this stage, if caught, would still be fairly minimal.

      What if you didn't wait until release date, and decided to encode your copy of LOTR:ROTK on VCD and sold 1,000,000 copies at a fiver each. You have now clearly deprived PJ of that income, and the effect of your piracy is much greater. The punishment should reflect the fact that you are now 5m better off, at PJ's expense. I'm NAL of course, and this isn't proof of any kind, but I'm sure any reasonable person would accept that PJ is worse off than he would have been had you not released those VCDs. You would have a hard time explaining in this scenario why PJ's loss is only imaginary.

    122. Re:why not? by thenerd · · Score: 1

      There surely wouldn't be a hell of a lot to trade on P2P networks if no producers of programs, movies, music etc profited from doing so.

      --
      The camels are coming. I'm in love.
    123. Re:why not? by akalashnikova47 · · Score: 1

      If you "steal" a boxed set by running out the door, then you have a legal copy of the software, and then you are not a pirate. Unless the store catches you, which is a different story. Since they don't ask for you to send in the receipt when you licence it, you are free to do so legally. And I enjoyed the comment someone made about their computer serving them and not the other way around.

    124. Re:why not? by Zeriel · · Score: 1

      Two possible solutions:

      1. Conversion of energy to matter. Depends on the amount of freely available power (but if we have infinite ability to create items of arbitrary complexity, power generation should be the least of our problems)

      2. How much stuff do you NEED, anyway? I figure if you want a new car, you cram the old one in the replicator's "raw materials" box. Beyond one house, one car per person, one computer per person...and you wouldn't need as many other things. Books, you'd only need a few,'cause your library is electronic and you chuck old books in the replicator to get new ones out. Same with music. Same with food. (poop/wastewater would be acceptable raw materials, provided you didn't have to see the details of the process. =P)

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    125. Re:why not? by shepd · · Score: 1

      >Assuming you would have paid if you didn't have the copy, this now means you have deprived PJ of that ticket price.

      And that's where the analogies on piracy always break down. Generally, they can NEVER prove someone would have paid for something.

      It's like when you watch people's court and everyone sues for "lost sales", "lost business", or "lost paycheques" unsuccessfully. You can't sue for something you can't prove would have happened. If it isn't valid in a court, I don't see why I should find it valid here.

      >What if you didn't wait until release date, and decided to encode your copy of LOTR:ROTK on VCD and sold 1,000,000 copies at a fiver each. You have now clearly deprived PJ of that income, and the effect of your piracy is much greater.

      Agreed on depriving him of income. Not agreed on why.

      The reason why he has lost income at that point is because he has been defrauded. He has had his legitimate product sold illegitimately. It wouldn't matter if it were pirated or stolen at this point -- it's the fraudulent sale that's at fault.

      To put it another way, let's say he makes his own movie, a version of LOTR that doesn't include any of the original copyright footage. It's all 100% his. He decides to call the work LOTR:FOTR and sells it as such. He even fakes the credits to show the names of the people involved in the original, more popular work. He sells that for $5. PJ loses an identical amount of money, despite the lack of copyright violation, because the method of crime is the same: fraud.

      The crime of copyright infringement is very benign, it's the *other* crimes that can follow that are the real problem. This is akin to speeding where just speeding is NOT harming anyone, just annoying them. But if you speed, and hit someone, you did harm. But it isn't the speed that is the problem, it's crashing into another car that is. It wouldn't matter if your car dropped from an airplane and hit the other car on the way down, it's the crash that matters, not the speed.

      --
      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
    126. Re:why not? by mOdQuArK! · · Score: 1
      The difference is that you create a computer program.

      OK, I guess that would put it in the category as other similar "created" works, such as works of art. I still don't agree that gives anybody the "right" to control what happens to that data after it leaves their physical control.

      Just to throw out another point, by your logic, everything is data, because it is perceived by our senses as such.

      No, you are distorting my logic. Using your own example, the data which is GENERATED by our senses (if you had some way of encoding it for storage) would be free for copying. The actual object which was used to generate that data is still itself, and is not "free" in the sense that if the object were taken, then it would no longer be there.

      I think we have a fundamental philosophical disagreement. I believe people should get paid for providing goods or services, when they provide them. Creating a program would be a "service" that should be paid for when the program is handed over.

      I don't think it has been proven that giving creators a monopoly over the control of their creation provides a net benefit to society, although it seems that many people have blind faith in this concept. I have seen enough anecdotal evidence to form a personal opinion that such monopolies, as they are currently instantiated, are hurting society in the long-term (preventing the distribution of innovation which might be greatly beneficial to the society), and are being abused to make money for individuals/corporations when they didn't do any productive work to deserve such a reward.

      Things will get interesting when it becomes simple for computers to "evolve" simple programs to perform tasks. Would the computers own their own programs? Or would it be the person who wrote the evolution program, even though they didn't do the work? Probably the person who owns the computer? Why would they deserve such renumeration when they didn't do any of the creation?

    127. Re:why not? by theoldmoose · · Score: 1

      A recent TV news report in the metro Detroit area featured a used-car dealership that used exactly such tactics, only even worse than you imagine.

      Their customers are considered 'high-risk' borrowers, so they must make payments once a week, in person, at the dealership. In addition, if they miss a payment, their car dies in the middle of the street somewhere, courtesy of an intelligent kill switch that must be reset at the dealership. If the customer abandons the car, it is a simply matter for the dealership to locate it and pick it up.

      The TV station interviewed some customers to get their feedback on the system, and they all said something to the effect that "they were glad to be able to get wheels at all, and they were grateful that this dealership had found a way to help them out".

      I'd say it takes someone in a pretty desparate situation to knowingly get into a deal like that. It makes me shudder. Reminds me of a recent EPIC article about 'Poverty and Privacy' (or how those in poverty don't get any privacy).

      This kind of thing is pervasive in the 'real' world. I really don't want to welcome that kind of 'feature creep' into geekdom.

    128. Re:why not? by mkro · · Score: 1

      I've read your writeup several times, but I still can't determine if it is authism, alcoholism or a rewrite of the Chewbacca Defense.

      You were trying to say what?
      --
      I shall go and tell the indestructible man that someone plans to murder him.
    129. Re:why not? by sco08y · · Score: 1

      There may, perhaps, be a right to pursue profit,

      Is there or isn't there?

      but right to profit in itself? No way.

      Profiting just means having more revenues than expenses at the end of the day. "The right to profit" was his words, not mine, and since it didn't really mean anything logically, rather than be pedantic I was just assuming it meant the closest sensible thing: the right to do work and business.

      If technology renders one's previous business model unprofitable, one has no right to legislate that the technology be banned, rationed, or controlled to ensure their continued prosperity.

      Now you're just making shit up. Where did I say people have a right to ban technology that threatens their profits?

      He wasn't describing communism. Communism is collectivism. He's describing a world where "collecting" (AKA "stealing") would no longer even be worth the effort

      Collectivism rejects the realities of scarcity, so you're proving my point and its relevance.

      because any physical object could be created at will on demand, a la ST:TNG replicator.

      Yeah, they also claim that there's no money, again, rejecting the realities of economics, so you're again proving my point and its relevance.

  5. they should just publish under the GPL .... by Anonymous Coward · · Score: 0

    All spyware sucks.

  6. Oye. by Anonymous Coward · · Score: 0

    Well, I guess it IS their software, but is it really any different than new cars that have software that can track you and shut off the ignition?

  7. Could be useful for SCO by Anonymous Coward · · Score: 0

    They could write similar such spyware to detect the presence of Linux on any local partition. After the spyware phones home, an automated service would send out a bill for $699.

  8. if they make it obvious by The1stMentor · · Score: 0

    If the software distributor makes it obvious that their software has things that report on your activity then yes they should be able to force you to have that adware in their application, and it should phone home if you try to stop that adware or crack it in any way, because then you're violating the EULA because you knew about the spyware and you chose to use the software anyways. If you cracked it then you're stealing from the developers and they deserve compensation. If they didn't make it clear that there is spyware in the software you should be able to crack it and remove it.

    --
    My Signature
  9. No Problem by Iron+Monkey543 · · Score: 4, Insightful

    I have no problem with this, as long as it is in the agreement box, or they make it clear that it till collect the user data and send it to the company if the software checks itself to be a crack.

    You don't like it then don't use it.

    1. Re:No Problem by Anonymous Coward · · Score: 0

      Fully agree;
      if your users agreed to the dial home agreement when the installed the pirated software, then the softwares behaviour is acceptable to me.

    2. Re:No Problem by killthiskid · · Score: 1

      Ok, that's great... but HOW exactly does a piece of software determined if it has been cracked or copied???

    3. Re:No Problem by canajin56 · · Score: 1

      The easiest way would be to send its serial # to the server, along with the details of the machine it is running on. If they see more than one machine with the same serial number, then it has been copied. And if you can then sell the information, as well as their contact list, all the better ;)

      --
      ASCII stupid question, get a stupid ANSI
    4. Re:No Problem by arkanes · · Score: 1
      The biggest problem I have with these schemes is that they're almost always implemented very poorly - I've had applications that refuse to run because I was behind a proxy server, applications that refused to run because the first instance had crashed and didn't clean up it's lockfiles, applications that wouldn't run because it thought it was being used multiple times on the same LAN (it was detecting itself via a virtal loopback adapter...), etc etc.

      And thats not even counting the problems I've had with things like demo periods not working correctly and valid licenses being lost.

      While I'm on the subject, demos that expire and then don't let you get another demo with a newer version of the product annoy me - if I didn't buy your product the first time, maybe it's because of bugs or features that are fixed/present in your new version!

    5. Re:No problem by Tyrall · · Score: 2, Insightful

      Great if this is truly the case.

      What happens if I typo when entering my registration details? What happens if [insert any number of things that can happen to an executable] happens and the CRC doesn't match?

      Surely the 'intelligent' thing would be to tell the user 'Hey, something's not right, please fix it', and only if they click the 'fuck you, I don't care' button does it report them.
      Or just not start the program! After all, isn't the aim of 'protection' such as this to only allow legitimate use?

    6. Re:No Problem by Bromrrrrr · · Score: 1

      OK, problem: which one of the machines is running the copied version?

      --

      What a rotten party, have we run out of beer or something?
    7. Re:No Problem by mr_walrus · · Score: 1

      > I have no problem with this, as long as it is in the agreement box,
      > or they make it clear that it till collect the user data and send
      > it to the company if the software checks itself to be a crack.

      of course a crack may not even present such an agreement box.
      i kinda like the irony of it :)

    8. Re:No Problem by zorander · · Score: 1

      Really though...do you think that people who crack/pirate software really read the EULA first?

      Brian

    9. Re:No Problem by KevMar · · Score: 1

      The problem with putting it in the agreement box is that the majority of people dont read it and click next.

      If the time is taken to crack the install process, couldn't it also edit the agreement box, or not show it at all?

      --
      Im a gamer, not a grammer major. This post is full of spelling and grammer mistakes.
    10. Re:No Problem by DavidBrown · · Score: 1

      It occurs to me that the publisher doesn't have to disclose this spyware in the EULA.

      Why?

      Because even though the illegal user is agreeing to the EULA, he isn't really upholding it, by reason of his illegal use of illegally duplicated software. There's no contract because the illegal user's agreement to the EULA is completely fraudulent. Or at least, if there is a contract, the user is in breach of the contract as soon as he agrees to it, and the publisher is therefore not bound by the contract either.

      It's really quite ironic that many here are demanding the software publishers "play fair" with copyright violators. I find myself going so far as to support software that encrypts the illegal user's registry files and pops up a box that says "If you don't want to lose all your data, uninstall program X by clicking here or enter your credit card number."

      Hell, it's still less annoying that that damn blinkin real audio icon in the XP toolbar that I can't get rid of.

      --
      144l. ph34r my 133t l3g4l 5k1lz!
    11. Re:No Problem by Woko · · Score: 1

      I have no problem with this as long as its on the outside of the box, so I can agree or disagree before paying for the software.

      --
      ---
      Silence is consent.
    12. Re:No Problem by Tony-A · · Score: 1

      Until you have to replace a broken ethernet card, take your laptop to a branch office, replace a dead motherboard or cpu.

  10. Another question... by Decaffeinated+Jedi · · Score: 5, Interesting
    Is it spyware if it's mentioned in the User Agreement that you accepted?

    DecafJedi

    --
    DecafJedi
    my weblog: apropos of something
    1. Re:Another question... by atrader42 · · Score: 1

      Most spyware (see kazaa license agreement, for one) is, in fact, in the license agreement, and the user has allowed it to be on their computer. Is this sneaky and evil? yes. Is it still spyware? yes.

    2. Re:Another question... by Anonymous Coward · · Score: 0

      It is always mentioned in the User Agreement. Buried somewhere in the EULA for kazaa it says something to the effect of "All your base are belong to us"

    3. Re:Another question... by CrazyDuke · · Score: 1

      Without consulting any legal resources, please read any current end user licensing agreement for non-free software and tell me what it says. Feel free to pause at any time to get a bottle of asprin.

      --
      Any sufficiently advanced influence is indistinguishable from control.
    4. Re:Another question... by domninus.DDR · · Score: 0

      Have EULAs been tested in court yet?

    5. Re:Another question... by rokzy · · Score: 1

      IANAL, but I've heard (from a source I forget but seemed reasonable at the time :-) that here in UK, stickers like "you accept the enclosed license by opening" (I think MS uses?) are absolute BS in the eyes of the law.

    6. Re:Another question... by fupeg · · Score: 1

      Yes and they don't universally. It's a case by case basis.

    7. Re:Another question... by GMFTatsujin · · Score: 3, Funny

      Ha! Having stolen and cracked the software, I never HAD to agree to an EULA. You won't catch me that way, you tricky devil!

    8. Re:Another question... by danila · · Score: 1

      And if it isn't, then KaZaA and Bonzi Buddy are not spyware either...

      I think we should just agree that the right to privacy should prevail over the ability of the companies to enforce compliance with software licences. Yes, it's important that Adobe is compensated for Photoshop, but it is not so important as to permit the software to spy on its users.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    9. Re:Another question... by kdsolutions · · Score: 1

      see my post a little ways up the board, my friend.

      --
      Error 666 - Satanic SCO code found in your Linux kernel.
    10. Re:Another question... by Anonymous Coward · · Score: 0

      Of course it is. Remember that virtually all spyware (even VX2 and the like) includes evilly worded, hard to read EULAs. That in fact is the major distinguishing feature between spyware and a Trojan horse.

      Just because they tell you in Flyspeck 1 in a 5x5 scrolly window that they might log things like, say, urls visited, keystrokes, credit card numbers and other personal information doesn't excuse them from doing these things in any way.

      And as a cracker, I have to say this is news to someone? Some software's been doing this for years. I've seen a lot of stupid copy-protection schemes with very nefarious and devious payloads, sometimes even destructive ones (deliberately or otherwise) - I've even seen the infamous virus protection, once or twice (never on the PC though). And don't think just because you're legit you're safe, in fact the reverse is true - pirates have people like me to strip all of this crap out so it doesn't affect them, it's you, the legit ones, that have the ticking logic bomb ready and waiting to pounce the instant the software fucks up (and it always fucks up for someone).

      This is Slashdot, so I have to point out Microsoft - Windows XP SP1's FCKGW payload is destructive (disabling access to Windows Update) and really badly thought out (poorly pirated boxes can't be patched easily = easily vulnerable machines which share the same internet as the rest of us = huge codebase for worms to share = lots of zombies for floods, spambounces, hack proxying, etc). Proves their commitment to security is bullshit, because otherwise they'd recognise how irresponsible it is to not freely provide security updates to such a widely deployed piece of software.

      Don't even get me started on SecuROM et al. Snakeoil sons of bitches.

      And generally the more you pay for the software, the more obnoxious the copy protection the legitimate users have to put up with. Example - I produced the only 100% crack for the Notator dongle years ago, and was actually financed (rare!) to do it by a group of music producers who all had legit copies, but had incessant dongle trouble.

      I might point out that thanks to the efforts of crackers like me, stripping all the crap like this out of the programs you might otherwise have bought except for the obnoxiously stupid c/p, you can enjoy the software as it should have been, while simultaneously discouraging the authors from implementing excessively annoying protection.

  11. Should we give bunny rabbits to everyone? by Dancin_Santa · · Score: 2, Insightful

    Or should we brutally rape blue haired old ladies?

    What kind of question is that?

    Software has every right to phone home. It's what software does, i.e. it executes code that it was told to execute. If you believe (as I believe) that software has the right to be Free (as in Freedom), then you have to be in favor of software publishers reserving the right to verify that you are not using their software in violation of agreement (or lack thereof in the case of warez).

    Freedom for software also entails Freedom for developers, though sometimes these are quite at odds. In those cases the developers' Freedom ought to take priority over the software.

    1. Re:Should we give bunny rabbits to everyone? by Un+pobre+guey · · Score: 1
      Software has every right to phone home.

      Yeah, and people who go to your house have every right to take things with them when they leave, with no obligation to inform you of it.

    2. Re:Should we give bunny rabbits to everyone? by Anonymous Coward · · Score: 0

      So you're saying that stealing something is the same as retrieving data?

      Or that retrieving data (copying) is the same as stealing?

      Don't let the Slashdot groupthink hit you in the ass on your way out.

    3. Re:Should we give bunny rabbits to everyone? by Anonymous Coward · · Score: 1, Funny
      Or should we brutally rape blue haired old ladies?
      Well, they fight back less than the bunnies do. Also, you don't have to wrap 'em with duct tape to keep 'wm from popping.
    4. Re:Should we give bunny rabbits to everyone? by Un+pobre+guey · · Score: 1
      So you're saying that stealing something is the same as retrieving data?
      Or that retrieving data (copying) is the same as stealing?

      Short answer: Yes.

      Note that in this particular case there might be a consensus that nothing wrong was done. Nevertheless, as a generalized, surreptitious, and informal practice, the potential for abuse is enormous. To my mind, this demands formal definition and regulation.

    5. Re:Should we give bunny rabbits to everyone? by ewhac · · Score: 1

      Software has every right to phone home. It's what software does, i.e. it executes code that it was told to execute. If you believe (as I believe) that software has the right to be Free (as in Freedom), then you have to be in favor of software publishers reserving the right to verify that you are not using their software in violation of agreement [ ... ].

      What a load of fetid rabbit droppings.

      As a software developer, your "rights" extend exactly as far as the computer's owner decides they should. You are a guest in another person's castle. Your presence there is a privilege, and you will respect the sanctity of their castle and all that goes on there.

      This is all part of a nearly-forgotten code of behavior known as, "Common Courtesy."

      As for these "agreements" of which you speak, I commend you to the editorial I wrote on the subject.

      Schwab

    6. Re:Should we give bunny rabbits to everyone? by floydden · · Score: 1

      If this company thinks that I am using a cracked version of their software, they need to go to a judge and get a warrant BEFORE they search my computer. I don't like the idea of someone coming in and searching my house, my car, or anything else without the proper authority and that especially includes private enterprise.

    7. Re:Should we give bunny rabbits to everyone? by Anonymous Coward · · Score: 0

      Your editorial is full of FSF propaganda. Even the infamous phrase "license to read" is contained in your piece.

      When you can describe what you actually think without resorting to using propaganda from a group known for their anti-corporate agenda, then maybe it would be worth discussing this issue with you.

    8. Re:Should we give bunny rabbits to everyone? by ewhac · · Score: 1

      ...anti-corporate agenda...

      Even assuming your characterization of the FSF were at all accurate, you use this term as if such an agenda were prima facie a bad thing.

      Also, kindly observe that my editorial predates RMS's short story The Right to Read by a few years. RMS has also expressly repudiated my editorial, owing to my assertion about one-third of the way in, "For the sake of argument, I presume most of us can agree that copying software is bad."

      Glib dismissal may please the members already in your gallery, but it will not change minds or win you converts. You're going to have to be more thoughtful and do more work for that.

      Schwab

    9. Re:Should we give bunny rabbits to everyone? by Anonymous Coward · · Score: 0

      And yet again you fail to bring up any appropriate points regarding the topic at hand.

      You begin from the endpoint. Software belongs to the copyright owners and is licensed to the users. This is the starting point. "Your (software) presence (on user systems) is a privilege" is the conclusion of some other argument. It certainly doesn't pertain to LoJacking software.

    10. Re:Should we give bunny rabbits to everyone? by ewhac · · Score: 1

      You begin from the endpoint. Software belongs to the copyright owners and is licensed to the users. This is the starting point.

      That is incorrect.

      The correct starting point is to look around yourself and notice reality.

      Reality is that computers are designed to copy data, without prejudice. This is how it always has been; this is how it always will be. This is fundamentally incompatible with the notion of copyright. So one of them needs to be fundamentally reexamined.

      Perhaps I am wrong for doing so, but I value very highly the near-infinite flexibility and power afforded by computers and their ability to transform numbers and information into new forms. I do not want to see these abilities limited in any way whatsoever.

      So I choose to reexamine copyright. I choose to deconstruct and analyze what social benefits copyright tries to accomplish, and see if there are different ways to achieve the same (or better!) social benefits with a different structure. And I discover, to my delight, that the existing copyright regime probably can be junked and replaced with a new construct, and still keep most everyone happy.

      The alternative viewpoint -- to reexamine computers -- in my opinion would cause far too much social damage and give even more power to unaccountable, already-entrenched interests.

      My editorial, though it does not directly address the issue of unsanctioned copying in a world where copying is ubiquitous and cheap (although see this essay for some thoughts on that issue), is possibly the most detailed introduction I have yet written into the idea that, just maybe, the "social bargain" of copyright -- at least as applied to computer software -- might be just the slightest bit out of whack.

      Schwab

    11. Re:Should we give bunny rabbits to everyone? by Anonymous Coward · · Score: 0
      Software has every right to phone home.
      Yeah, and people who go to your house have every right to take things with them when they leave, with no obligation to inform you of it.

      Certainly, when people visit my home they're allowed to notice my furniture and pictures. They're even allowed to remove their memories of those objects from the premises. They definitely don't have to inform me of their intent. In fact, I'd even say they're welcome to photograph or videotape the place and thereby remove copies of my things.

  12. Consent by JohnGrahamCumming · · Score: 5, Insightful

    In any application where data is sent from within the company (or home) consent is vital. Perhaps you would argue that stealing the software removes the obligation to ask for consent, but the potential for the software to mistakenly think it is pirated is too high.

    POPFile has an option to check to see if there's a new version available. It's incredibly innocuous: it hits a server and check it's version number, the server junks its logs daily. I keep no record. This was initially on by default but people were upset, it's now off.

    The simplest solution is that a piece of software that thinks it is pirated start warning 30 days before it's going to shut itself off to give the user a chance to do something and finally disable itself. That is effective and friendly.

    And get yourself a copy of ZoneAlarm so that you can see which apps would like to talk to the outside world.

    John.

    1. Re:Consent by fuzzix · · Score: 1

      Isn't it possible for any app which really wants to phone home to piggyback something which probably does have access through 99.9% of windoze firewalls (namely IE)?
      This is the reason I used mozilla on windoze and denied access to any win processes which weren't absolutely necessary.
      Not because of warez, you understand - simply a precaution. *cough*

    2. Re:Consent by reidbold · · Score: 1

      Let's replace 'piece of software' with, oh I don't know.. 'car'.

      The simplest solution is that a car that thinks it is pirated start warning 30 days before it's going to shut itself off to give the user a chance to do something and finally disable itself. That is effective and friendly.

      Make sense to you?

      --
      -Reid
    3. Re:Consent by JohnGrahamCumming · · Score: 1

      No.

      The central reason being that if you steal a piece of software from me I don't lose it. You just make a perfect copy. At that point I haven't really lost much (except for in the great scheme where stealing like this hurts the society I live in) and the problem now is between you and the software company.

      If you steal my car then I've lost something and I'd like you to stop using it quickly. Hence immbolizers, alarms and LoJack.

      John.

    4. Re:Consent by reidbold · · Score: 1

      That's great, I like the free software movement too. But just for a moment, think about all the laws and men in suits that say stealing software is illegal, despite the lack of actual property loss. Get off your high horse, just because you think all software should be free doesn't make it so.

      Basically what I get from your argument is that privacy must be absolute, unless you want something that someone else works to create, then you should get it free.

      --
      -Reid
    5. Re:Consent by Jaycatt · · Score: 3, Insightful
      The simplest solution is that a car that thinks it is pirated start warning 30 days before it's going to shut itself off to give the user a chance to do something and finally disable itself. That is effective and friendly.

      I think that's an excellent idea for a number of reasons:

      * Perhaps the user had the software installed by a friend and didn't know it was pirated. A 30 day warning doesn't assume guilt.

      * A lot of share/trialware does this already, so people are used to these kind of reminders.

      * If it was a mistake (maybe the other person with the same serial number is actually the pirate) it gives the company/user time to fix the error before simply shutting down.

      * If the software was obtained illegally, there's still time to correct it and 'repent'.

      * And as reidbold said, it's effective and friendly (in a world where most things are CYA and nuts to the other guy).

      --
      "Shared pain is lessened; shared joy is increased. Thus we refute entropy" - Spider Robinson
    6. Re:Consent by JohnGrahamCumming · · Score: 5, Insightful

      When did I say that all software should be free? Never, and I don't believe it. Since I make my living selling non-free (either sense) software I would be biting the hand that feeds me.

      Imagine the scenario where I change the NIC card in my PC because of a hardware fault. Software X used the MAC address of the NIC for licensing purposes which has now changed and hence thinks it's been copied. One choice would for it to start secretly informing the company that created it that there's a problem, another would be for it to tell me "I think I'm stolen, I'm going to stop working in X days, here's what to do about this". The latter seems friendler to me and if I did steal it it's going to shut itself off and I wont be able to gain from the
      crime.

      Nor did I claim that stealing the software wasn't stealing. It is. That software was copyrighted by someone, copyright law is clear and if they license it to me for money then I have to pay. Pretty simple. That's why I was opposed to Napster and other "services" and said so publically on my web site. They were/are stealing from people.

      Nor do I believe that privacy must be absolute. I just believe in this case that the method used to assist in the enforcement of a license agreement is unreasonable and there are workable alternatives.

      John.

    7. Re:Consent by Xerithane · · Score: 2, Insightful

      Parrotting the me too sentiment. If the software knows it's being stolen, I think it's a touch silly to phone home. Unless it is some enterprise server or something, at which point it is probably a business running it.

      Software that queries the internet to ensure unique serial numbers are fine, as long as internet access is required for the application to work (like Blizzard games, for multiplayer.) However, it would be rather annoying otherwise.

      * Perhaps the user had the software installed by a friend and didn't know it was pirated. A 30 day warning doesn't assume guilt.


      This I actually really like. It turns any software that uses this method into trialware. It may not be what the company expected, but it would be an amazing feature that would probably net sales. If you use a piece of software for 30 days, that is really nice you will probably be more inclined to buy it legit.

      --
      Dacels Jewelers can't be trusted.
    8. Re:Consent by Anonymous Coward · · Score: 0

      That's why I was opposed to Napster and other "services" and said so publically on my web site.

      Right. I'm sure this "Mr. Napster" goes out and "steals" music from the unsuspecting peoples of the world and must be stopped! Right after we put "Mr. Handgun" to death for his many, many murders.

      Napster is just a tool. It is no more good nor evil than any other tool. We don't charge the gun with murder when someone shoots somebody. We don't even charge the gun's manufacturer.

    9. Re:Consent by EvanED · · Score: 1

      >>The simplest solution is that a car that thinks it is pirated start warning 30 days before it's going to shut itself off to give the user a chance to do something and finally disable itself. That is effective and friendly.

      How do you pirate a car?

    10. Re:Consent by EvanED · · Score: 1

      The problem is that the "tool" was designed for an illegal purpose. It's not as if it's a tool that can be used occasionally for a bad result (like most guns), it's as if it's a tool that can be used occasionally for a good result. A more analogous example would be assult rifles. Should they be unbanned?

      (Note: I'm not saying that Napster et. al. should be banned, just that your handgun analogy isn't really the best analogy)

    11. Re:Consent by Lumpy · · Score: 1

      Software X used the MAC address of the NIC for licensing purposes which has now changed and hence thinks it's been copied.

      or the people like me who have a linux workstation here at work change it's mac address upon every reboot just to screw with the jerks in the NOC?

      Man that is a fun thing to do. more fun than setting it to all zeros and waiting for them to freak out

      --
      Do not look at laser with remaining good eye.
    12. Re:Consent by gte910h · · Score: 1

      men in suits that say stealing software is illegal,

      Stealing software is going into a store and taking a copy of it. Hell that's not really taking that much of a valuable thing.

      Making an illegal copy is copy right infringement. Not the same thing at all.

      --
      Want to see every step I took to start my company? http://www.rowdylabs.com/blogs/pitchtothegods
    13. Re:Consent by Anonymous Coward · · Score: 0

      > The simplest solution is that a piece of software that thinks it is pirated start warning 30 days before it's going to shut itself off to give the user a chance to do something and finally disable itself. That is effective and friendly.

      It is not. What if the company don't exist any more, for instance ?

    14. Re:Consent by sjames · · Score: 1

      There's also the matter of who owns what. If MY car uses MY hardware to report a possible theft, it's one thing.

      In the case of this software, it uses someone elses hardware in an unauthorized manner in a way that's harmful to them. It's a lot closer to computer tampering. It's more like MY car breaks into YOUR house to call the police and accuse YOU of theft.

      It would be a bit less questionable (perhaps OK) if the software was never wrong about being pirated, but somehow, I have my doubts. After 23 years of dealing with software, I've found that MOST anti copying schemes cause more pain for the legitimate user than they do for the bootleggers.

      I have on occasion installed cracked versions of software that I DID buy, simply to avoid the broken copy prevention measures that were stopping me from using what I paid for. In those cases, it would be reasonable to say that the publisher was the thief since they were keeping me from doing what I paid to be able to do and wouldn't refund my money.

      Of course since then, I've moved to 100% free software and no longer have those problems. The move was in part idealogical, and part being tired of dealing with the crap anti copying schems heap on the LEGITIMATE user of the software.

    15. Re:Consent by Anonymous Coward · · Score: 0
      And get yourself a copy of ZoneAlarm so that you can see which apps would like to talk to the outside world.


      I have. It's a cracked copy.
    16. Re:Consent by logan@bitsmart.com · · Score: 1

      WRONG WRONG WRONG WRONG WRONG

      First, Copyright law is anything /but/ clear. Ask any lawyer for a full list of what fair use covers. You will never get one. Second, copyright infringement is /not/ theft. From http://www.oreillynet.com/lpt/wlg/2425:

      Supreme Court Justice Harry Blackmum back in 1985, in Dowling v. the United States:
      It follows that interference with copyright
      does not easily equate with theft, conversion
      or fraud. The Copyright Act even employs a
      seperate term of art to define one who
      misappropriates a copyright: 'Anyone who
      violates any of the exclusive rights of the
      copyright owner,' that is, anyone who
      trespasses into his exclusive domain by using
      or authorizing the use of the copyrighted work
      in one of the five ways set forth in the
      statute, 'is an infringer of the copyright.'

    17. Re:Consent by Anonymous Coward · · Score: 0

      Surely the much better situation is to not have to deal with the fucking problem, seeing as your MAC address is none of its fucking business?

  13. I thought DOD fought this years ago by Anonymous Coward · · Score: 2, Interesting

    I seem to remeber that a vendor did this to the Dod like in the early 80's. I also thought the DOD took them to court and won. I can't see how it is legal unless it is in the licensing agreement.

  14. EULAs by Plix · · Score: 2, Informative

    There are clauses in some EULAs that note these features. Shareware/crippleware uses "call home" functionality with a good rate of success since the software is not modified by pirates/crackers who simply supply a serial or keygen and a link to download the crippled version.

  15. Lojack by Anonymous Coward · · Score: 1, Insightful

    Do you have the right to install Lojack in your car? Yup. Do you have the right to go hunt the asshole down, and kill him with a crowbar? Alas, no. Do with this data what you will.

  16. GREAT! by Anonymous Coward · · Score: 0

    Now the script kiddies can work on something besides crashing servers, they can figure out how to properly crack a program, now post the damned publisher!

  17. What is "AUP," please? by PleaseDontBeTaken · · Score: 1

    Does everyone else know this acronym?

    Thanks.

    --
    --
    1. Re:What is "AUP," please? by LookSharp · · Score: 3, Funny

      Acceptable Use Policy, standard to most Internet Services Providers (AKA ISPs).

      PS - AKA Stands for Also Known As.

      PPS - PS stands for... eh, forget it :)

    2. Re:What is "AUP," please? by Thuktun · · Score: 1

      Does everyone else know this acronym?

      Possibly.

      AUP = Acceptable Use Policy

    3. Re:What is "AUP," please? by rolocroz · · Score: 2, Informative

      Acceptable Use Policy - a document you sign that states regulations, etc. for the system/network you're part of. My school makes me sign one that disallows, for example, installing software on school computers and other stuff like that.

      --

      I meta-mod all positive moderation Unfair, because it's abuse of the system.

    4. Re:What is "AUP," please? by drdink · · Score: 1

      Acceptable Use Policy.

      --
      Beware, Nugget is watching... See?
    5. Re:What is "AUP," please? by tbdean · · Score: 1
      --
      tbdean
    6. Re:What is "AUP," please? by Anonymous Coward · · Score: 0

      Acceptable use policy

    7. Re:What is "AUP," please? by Hecatonchires · · Score: 1

      PS - Post Scriptum - After Writing
      PPS - post post scriptum
      PPPS - u can figure it out

      --

      Yay me!

  18. i agree it is to intrusive by i4u · · Score: 1

    One good method is when the software sends an email to the customers IT Administrator, notifying that there is unauthorized use or the number of licenses was exceeded. The IT administrator has usually the responsibility in most companies to make sure they are in the clear in regards to licenses. Sending an email outside to the vendor is I think bad behavior, and the vendor will never be able to sell to the government with such a feature.

  19. What else is it sending? by sTavvy · · Score: 1

    From the software companies point of view it makes sense to include something to enable it to detect if it is a cracked version of it or not. Just depends what other information it is collecting, and where it is sending that!

    Programs like Gator, are allowed to run because end users don't realise they are being installed, and i'll bet that if the users of this software knew that it was going to be doing that they wouldn't be using it.

  20. use a virus like id by phaetonic · · Score: 1

    id didn't creat this.. hmm...

  21. This isn't spyware by mosch · · Score: 5, Insightful
    It's not sending your credit cards, your clickstream or your data files.

    It's not spyware, it's a fucking anti-theft system. Don't like it? Don't steal it.

    1. Re:This isn't spyware by Anonymous Coward · · Score: 0

      hey jerk its not a simple as that sometimes you have to use teh cracked versions because of budget constraints!!! that doesnt give them any right to steal my info and tell everybody my mack address bc that is just wrong!!!!!

      pls learn to be more respectful, moron

    2. Re:This isn't spyware by mosch · · Score: 1

      omg get a job!

    3. Re:This isn't spyware by Elwood+P+Dowd · · Score: 1

      It's not spyware, it's a fucking anti-theft system.

      Everyone gets all hung up on details.

      --

      There are no trails. There are no trees out here.
    4. Re:This isn't spyware by rolocroz · · Score: 1

      The thing is, the same anti-theft system is acting on completely legal copies of the software as well. This seems wrong to me; software companies shouldn't assume that their customers are pirates like this. It's sort of like the "Is This Copy Of Windows Legal?" thing in Windows XP. People should be treated as innocent until proven guilty.

      --

      I meta-mod all positive moderation Unfair, because it's abuse of the system.

    5. Re:This isn't spyware by netruner · · Score: 5, Insightful

      I can understand this viewpoint to an extent. However, this doesn't take int account when the antitheft system "misfires" and causes problems for legit users. In my opinion, spyware that acts so intrusively should be allowed under the condition that there are real consequences for false alarms. In this case, if it's not a legit alarm, I would think the company should be prosecuted like a vendor that exercised a backdoor into one of your systems.

      In other words: you better be damn certain that you're tracking a pirate before you start sucking data off his machine.

      However, if the alarm is legit- you really don't have a leg to stand on. Kind of like stealing a design for a new widget and having your prototype explode halfway through construction.

      When you take a step into the illegal side of things, don't look to the law for help.

      --



      DISCLAIMER: This post was not checked for speling and grammar- if you complain- you're a whiner
    6. Re:This isn't spyware by Iscariot_ · · Score: 4, Insightful

      "It's not spyware, it's a fucking anti-theft system."

      Not so. If you remember a few years ago, a judge ruled against Blizzard using spyware in their software even though all it was doing was helping them to squash bugs and prevent cheating.

      So the transmission of even benign data without permission by the user is against the law.

    7. Re:This isn't spyware by Anonymous Coward · · Score: 0

      SO WHAT IF I DONT HAVE A JOB! you are bringing irrrelevent things into the discussion but the simple truth remains that my budget doesnt allow the software so why should i have to pay for it??? EXPLAIN THAT TO ME, BUTT HEAD!

    8. Re:This isn't spyware by mosch · · Score: 2, Funny
    9. Re:This isn't spyware by Snaller · · Score: 1

      It's not spyware, it's a fucking anti-theft system. Don't like it? Don't steal it.

      I guess you don't like your brain then? Since you don't use it ;)

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    10. Re:This isn't spyware by bot · · Score: 1

      So you mean to say that lack of money to buy software give you the right to steal it? Does your rationale extend to other things too? Cars maybe?

      "Please be respectful, moron". Does anyone else see the inherant contradiction in the statement?

    11. Re:This isn't spyware by Anonymous Coward · · Score: 1, Insightful

      People can only legally come into my house in this particular manner if they have my permission, or a search warrant, despite what is contained within.

      The same applies to my computer. I (the owner/user) should be the deciding factor of what gets in or out, barring my permission of entry or a search warrant.

      Try upgrading to Win2kSP2 and see if denying the Services and Controller app access to the internet will let you (the owner/user) continue accessing the internet until you do allow access. SP1 wasn't that way.

      Crap for crap

      No gray area here.

    12. Re:This isn't spyware by l1gunman · · Score: 1


      People should be treated as innocent until proven guilty.

      And, duh, how do you propose to complete the loop on that one? The only thing that could "prove" someone guilty is software that is checking itself in the first place, which you appear to declare shouldn't be done unless one is guilty to being with. Hoist by your own petard, or caught by your own 22 as it were.

      Any piece of software that has a price tag has the absolute right to 'protect' itself against use that is inconsistent with the software license. If you don't want to be "spied" on, then check the EULA carefully, BUY all your software, or write your own (if you are capable).

      This hue and cry over privacy in this regard is so tiresome and is mainly from those trying to keep 'private' the fact that they're too damned cheap to pay for something they want to use.

    13. Re:This isn't spyware by nexex · · Score: 1
      ...it's a fucking anti-theft system.

      now i really wanna know what software this is! i mean, come on -- a fucking system AND an anti theft system? think of the possiblities, you could go to wal*mart and have quickie on the way out...

      --
      Winter 2010: With Glowing Hearts
    14. Re:This isn't spyware by nexex · · Score: 1

      actually, i dont remember...what game was this??

      --
      Winter 2010: With Glowing Hearts
    15. Re:This isn't spyware by MidnightBrewer · · Score: 2, Insightful

      Most companies nowadays keep blacklists of known cracked/hacked/stolen serial numbers. If someone else lifts my serial number, or their cracking software manages to coincidentally generate the exact same code I'm using, I could get punished along with the rest. Not cool. Comments like, "it should just disable/uninstall itself," aren't very well thought out.

      Far better for the company and the user to simply send out a message saying, "You may be using pirated software, please contact us."

      This doesn't justify them self-policing their software at the expense of user privacy, but again, it comes down to how much information they're really picking up.

      --
      "Give a man fire, and he'll be warm for a day; set a man on fire, and he'll be warm for the rest of his life
    16. Re:This isn't spyware by Anonymous Coward · · Score: 0

      Oh, if a judge said so...

      LOL. Like the american "justice" system does something right more often than not...

    17. Re:This isn't spyware by Anonymous Coward · · Score: 0

      look i will only say this one more time my budget is a little low these days so i cant spend very much on softwares its not like they are losing money i dont have any to give them in the first place!!! would you deny me food just because i dont have enough money I DONT THINK SO

      take your conspiracy arguments somewhere else dumass!

    18. Re:This isn't spyware by Jeremi · · Score: 1
      It's not spyware, it's a fucking anti-theft system. Don't like it? Don't steal it.


      Don't buy it, either.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    19. Re:This isn't spyware by festers · · Score: 1

      And how exactly does one know what information is being sent? We are supposed to trust a company that installed spyware in the first place? Banks and financial institutions would never go for this kind of crap. There is a lot of private customer information that goes on there...unless you don't mind your SSN and account information being sent to God-knows-where. If my boss found out we had software that spied on us, I'd be uninstalling that software in a heartbeat.

      --


      -------
      "Every artist is a cannibal, every poet is a thief."
    20. Re:This isn't spyware by HardCase · · Score: 1
      Not so. If you remember a few years ago, a judge ruled against Blizzard using spyware in their software even though all it was doing was helping them to squash bugs and prevent cheating.

      So the transmission of even benign data without permission by the user is against the law.


      I would agree with you, except that the story seems explicit in stating that the information that is transmitted is coming only from systems that are running cracked versions of the software. It strikes me that this is a sort of software "self-defense" mode. Somebody has stolen the software so it seems reasonable that the owner of the software ought to be able to cause it to call home and report the fact.


      I think that in the case of Starcraft (it was Starcraft, right?), every copy of the software could effectively "phone home" and send information without the licensee being aware that it was happening. Wouldn't you agree that an individual using a stolen piece of software has substantially fewer rights regarding the function of that software than an individual who had properly licensed it?


      -h-

    21. Re:This isn't spyware by Pedrito · · Score: 1

      Not so. If you remember a few years ago, a judge ruled against Blizzard using spyware in their software even though all it was doing was helping them to squash bugs and prevent cheating

      I'm a software developer in Mexico and I'm putting exactly this technology in my software. There are no Mexican laws against this (or if there are, I couldn't find any here or here. I could care less what U.S. laws say about it. Just because an American buys it doesn't bind me to U.S. law in this regard.

      Slightly offtopic, I'm curious, are there any web sites in the States with all the federal and state laws? InfoJus is a great resource for Mexicans (and foreigners, like me, in Mexico).

    22. Re:This isn't spyware by nexex · · Score: 1

      try this -- http://findlaw.com/casecode/

      --
      Winter 2010: With Glowing Hearts
    23. Re:This isn't spyware by tf23 · · Score: 1

      when the antitheft system "misfires" and causes problems for legit users

      Nothings perfect :(

      But I'd consider that a bug. And if I were contacted by companyX saying that we were running cracked software of theirs w/o a license, and they were wrong, I've give them some nasty attitude and tell them to fix their damned bugs.

      Anway, the same logic can be applied to the electric-grid. When the system misfires it causes problems for users ;)

    24. Re:This isn't spyware by tf23 · · Score: 1

      Try Casemaker.

      There was a free trial a while back...

    25. Re:This isn't spyware by BiteMeFanboy · · Score: 1
      Nice definition... too bad it's wrong. The data sent doesn't matter. If software is using my resources to send back my information to a company it's spyware. It doesn't matter what that information is.

    26. Re:This isn't spyware by RockBob · · Score: 1
      I've had to design copy protection systems in the past and I know the balance between security and flexibility is fine.

      Like it or not, it's clear that this is the way things are going. There is no easy answer, and I must admit I have some sympathy for the developer (although I do not know what is done with the data when he receives it). The data collected is relevant and useful to an investigation.

      Comments like, "it should just disable/uninstall itself," aren't very well thought out.

      I agree. The most import reason being you don't want to alienate your clients by accusing them of theft when they could simply have a virus, not installed your software properly etc. A disabled program, or some message stating that the software is stolen will also greatly aid a cracker.

      We never crossed the line in having our software phone home, but the code does execute differently when it is a suspect copy. Whenever this was the case we would get a support call. After checking our records and investigating the fault, we would either tell them they had a virus, the software wasn't installed properly, or it wasn't paid for depending on what's wrong. I assume (hopefully correctly) that this is what the developer is also doing.

      --
      I know, I know... I need to learn a little English.
    27. Re:This isn't spyware by Anonymous Coward · · Score: 0

      I don't get this argument.

      If this was true, phoning-home notebook anti-theft systems would also be illegal since the crook who stole the notebook and is new stupid enough to use it on the net suddenly becomes a user?

    28. Re:This isn't spyware by bhalter · · Score: 1

      I'm gonna get falmed for this I know I actually paid for M$ Age of Mythology to play it on my laptop. However after about a week of having it it determined that having to schlep the CDs around was far beyond annoying so I got the NO-CD crack. I haven't redistributed it and I coughed up my 49 bucks for it. By deactivating or sending notification that I'm a thief they are infringing on my right to fair-use

    29. Re:This isn't spyware by jafuser · · Score: 1

      I see the RIAA/MPAA have already brainwashed you.

      It's not literally "stealing".

      It's called copyright violation.

      To be defined as "theft" would require depriving the original owner of possession.

      --
      Please consider making an automatic monthly recurring donation to the EFF
    30. Re:This isn't spyware by poot_rootbeer · · Score: 1

      It's not sending your credit cards, your clickstream or your data files.

      But it very easily could.

      Don't like it? Don't steal it.

      Non-stolen copies have the exact same behavior.

  22. Steady as she blows! by niko9 · · Score: 2, Funny

    Arrrr Matey, light the canons and blow them uptight anglo uppity software developers to smithereens!

    1. Re:Steady as she blows! by Anonymous Coward · · Score: 0

      Pirates are win.

    2. Re:Steady as she blows! by opti6600 · · Score: 1

      Arr! Licensing 6 off the starboard bow, cap'n!

  23. Oh come on. Do you HAVE to ask? by Seumas · · Score: 3, Insightful

    Okay, this one seems simple enough.

    Let's say I am a small book publisher. I publish books about historical battles. I find out that there is someone out in the world who, instead of buying a copy of my book, has simply photocopied a friend's purchased copy of the book.

    Now, let's say I track this person down. Then let's say I break into their house. Then let's say I rifle through all of their belongings. Let's say I get their credit card number, bank PIN number, passwords, social security number, medical history, personal communications, personal habits and all of this information for each person in their family, too. Then let's say I take all of this data and give it to the police or the government. Or maybe I even go much further and just burn the house down with everyone in it.

    Was I justified? I mean, I must be right? After all the person had a photographed copy of my book and didn't pay me the $39.95 for a legitimate right to read it...!

    1. Re:Oh come on. Do you HAVE to ask? by Anonymous Coward · · Score: 0

      Seumas = hyperbolic butt chunk

    2. Re:Oh come on. Do you HAVE to ask? by Anonymous Coward · · Score: 0

      Were you born stupid or did it slowly overtake you in such a way that you still believe your infantile prattling to be the product of intelligence?

      Seriously, little kids would point and laugh at you in the street if they knew you posted such puerile attempts to impress your betters in a public forum.

    3. Re:Oh come on. Do you HAVE to ask? by Anonymous Coward · · Score: 0

      What seems simple enough is that you appear to have the mental capacity of a jar of salted slugs.

    4. Re:Oh come on. Do you HAVE to ask? by Anonymous Coward · · Score: 0

      trolls liek you are why i don't visit slashdot no more

      oh wait

    5. Re:Oh come on. Do you HAVE to ask? by Anonymous Coward · · Score: 0

      Wasn't this sort of what Senator Hatch was wanting the government to do a couple months ago? Scary how accurate that description is.

    6. Re:Oh come on. Do you HAVE to ask? by hamster+foo · · Score: 1

      No it wouldn't be.

      "users IP, a timestamp, the product in question, the users PC name, username, and MAC address"

      However, all of the information listed can be likened to the book publisher acquiring the person's name, address, phone number, which book was copied, and when it was copied. I think the publisher would be perfectly within his rights to collect that information which should all be attainable without break in.

      Of course, the software has an added complication in that it is reporting itself. If that action is not mentioned in the user agreement that the user agreed to when installing the software, then it is problematic as it is sending information from the users computer without the consent or knowledge of the user. In this case, I'd say that the software/vendor is in the wrong for doing so. If the action was mentioned in the agreement, then I think it is perfectly acceptable for the software to do what the user was informed it would.

      --
      - b
    7. Re:Oh come on. Do you HAVE to ask? by Anonymous Coward · · Score: 0

      In this instance, that might be all the software is doing. However, there is software out there with malicious intent. I seem to recall some FTP program promoting the fact that pirated copies of their software would do malicious things on your box if you left it installed for a duration. It was for Windows, so I don't quite recall its name.

      Also, there is a significant difference between a piece of software phoning home if it is cracked - and a piece of software notifying your ISP, your IT department or any number of other people.

      Perhaps a piece of software that monitors credit card numbers you send over the web and then automatically uses that number to charge you for the software you're illegally using. *grin*

    8. Re:Oh come on. Do you HAVE to ask? by arkanes · · Score: 1

      Lets stop trying to relate this to physical objects because there is no meaningful correlation - the closest I can come would be RFID tags in books that identify themselves to photocopiers so that the photocopier can turn you in for making illegal copies of the book. This is almost as nonsensical as Jack Valenci and his idea for digital watermarks that camcorders wouldn't record.

    9. Re:Oh come on. Do you HAVE to ask? by rmohr02 · · Score: 1

      Let's put a different spin on this--you come into the house as a utility worker, and get the customer to sign a paper that, among other things, allows you to report materials that seem to be infringing on copyrights. The person gave consent, either on paper or with an EULA (it's doubtful about the enforceability of those in court, but we'll assume they're enforceable).

    10. Re:Oh come on. Do you HAVE to ask? by Anonymous Coward · · Score: 0

      Of course that would be illegal. But that's not what this piece of software is fucking doing. It's verifying the license to a valid license on their server. If it's fake or already registered to another IP block more power to them.

      If you're going to stupid enough to pirate software then you better be smart enough to put a firewall up to block ports from transmitting data.

      I know of about a software program (which I can't think of atm) that scans the subnet for itself and checks if the serial number is the same. It might be robohelp. And it cancels the install. You install it without a internet connection and you're fine.

    11. Re:Oh come on. Do you HAVE to ask? by KI0PX · · Score: 1
      However, all of the information listed can be likened to the book publisher acquiring the person's name, address, phone number, which book was copied, and when it was copied. I think the publisher would be perfectly within his rights to collect that information which should all be attainable without break in.

      This infomation wouldn't necessarily be available to the public - you could photocopy it in your own home!

      I would think this spyware would be illegal under the fourth amendment which protects Americans from unreasonable searches and seizures.
      From nolo.com, the test for a legitimate expectation of privacy in 4th amendment matters is:

      Did the person subjectively (actually) expect some degree of privacy?

      Is the person's expectation objectively reasonable, that is, one that society is willing to recognize?

      Unless there was a clause in the software license that says the user is being spied upon, both conditions seem to be met. Data gleaned from the spyware would be no good in court. (ianal, blah blah).

    12. Re:Oh come on. Do you HAVE to ask? by Anonymous Coward · · Score: 0
      I would think this spyware would be illegal under the fourth amendment which protects Americans from unreasonable searches and seizures.

      Unfortunately, the US constitution only limits the powers of US government agencies. The 4th amendment really doesn't apply to actions taken by corporate entities.

    13. Re:Oh come on. Do you HAVE to ask? by Anonymous Coward · · Score: 0

      No, it's doing more than verifying itself to another server. It is sending out an email notification to someone unrelated to the user and the company that owns the supposed pirated software. A very different issue than you posed, indeed!

  24. Active copy protections... by Satan's+Librarian · · Score: 4, Interesting
    It's spyware. I think active copy protections such as that are stupid anyway - what happens if the user is legitimate, but either had a file corrupted or a virus infected it? I'd assume they are just doing an MD5 hash of their software at best for the check for cracks, and a parasitic .exe virus would set it off right away. So would some older methods of file innoculation, random disk/transfer corruption, and a whole lot of other things.

    There's a legend that Microsoft actually encountered this back with Microsoft Word 1.0 - it formatted the hard drive if the CRC of the program changed. Bad karma there, hosing innocent users if they got infected. (BTW - I've seen Vesselin Bontchev reference it here and other places, but it could just be he picked up a convenient rumor. Anyone have verification of this story?

    If it's not documented in the EULA for the product, it might even be a potential civil suit against the company. Doesn't Europe have fairly restrictive privacy laws that could come into effect here? Could be criminal there if so, especially if it misfired on an innocent user. Although of course - IANAL.

    BTW - what product?

    1. Re:Active copy protections... by reidbold · · Score: 1
      what happens if the user is legitimate, but either had a file corrupted or a virus infected it?
      Then it's a false positive, it doesn't say 'a user is possibly using cracked software.. then the ss are immediately sent to their house and they are thrown in jail for life without a trial'.

      They are reported, showing them a proof of purchase or a legitimate cd or anything of the sort would leave you in the clear.
      --
      -Reid
    2. Re:Active copy protections... by lavorgeous · · Score: 1

      Seems like the checksum approach could be its own punishment for the software company -- first time a major virus hits and they get spammed by their own anti-theft code, I'd imagine they'd rethink the whole thing. They'd either have to follow-up on all of the bogus reports and try to re-verify all of the valid licenses, or they'd have to ignore all reports until the virus had run its course (probably a month or so because of stragglers).

      Not only would it cost them a ton, but they'd alienate huge chunks of their customers.

    3. Re:Active copy protections... by Satan's+Librarian · · Score: 1
      Unless of course they get flooded and just start calling the SPA's anti-piracy lines and getting audits done anywhere they receive such a response from, which is guilty until proven guilty because someone miscounted the number of licenses to buy.

      Quite honestly, if I was asked to code such a feature in a product I was writing for a company, I'd refuse. Management changes pretty often, and tactics can change overnight. I have written copy protection schemes, but not ones that specifically sent identifiable information - I just made to program not work when cracked and display a dialog box.

    4. Re:Active copy protections... by Anonymous Coward · · Score: 0

      There's a legend that Microsoft actually encountered this back with Microsoft Word 1.0 - it formatted the hard drive if the CRC of the program changed

      I think its called a legend for a specific reason, because it is not true. I cannot imagine a company (I dont care which company it is) making a piece of software that will format your drive if the EXE does not pass a CRC check - especially a word processor. Not a system-level executable. The link you provide, to a newsgroup nonetheless, is from someone saying 'Word 1.0, I think' ... doesn't sound like he/she is too sure on what the hell they are talking about - just spreading rumors.

    5. Re:Active copy protections... by Currawong · · Score: 1
      Back in the days of Autodoubler and Disk Doubler on the Mac, you could compress the resources of a program with the former application to make it smaller.

      I tried this with Quark Xpress 3 on a friends' work machine, and the program would refuse to start up because it had been modified.

      Otherwise, the only other common vendor that ships programs that call home is Adobe, who's programs verify the serial number of the application online when they are run.

      --

      What is the point of the internet?
    6. Re:Active copy protections... by rstovall · · Score: 1
      There's a legend that Microsoft actually encountered this back with Microsoft Word 1.0 - it formatted the hard drive if the CRC of the program changed. Bad karma there, hosing innocent users if they got infected. (BTW - I've seen Vesselin Bontchev reference it here and other places, but it could just be he picked up a convenient rumor. Anyone have verification of this story?


      It's real, alright. I saw it happen in at least two cases where the drives were formatted because the "copy check" incorrectly fired. The cause turned out to be having the software installed on a partition > 32mb in size; at the time M$ did not support that directly, and assumed that if the numbers came back out of their bounds something had to be inllegal. It caused quite a public relations mess for Microsoft, and they backed the check out very quickly under public backlash.
      --
      Confined though we are, infinity dwells within.
    7. Re:Active copy protections... by Anonymous Coward · · Score: 0

      I don't know about MS Word, but I do know that there was a somewhat annoying copy-protection feature in early version of Lutos 123 for DOS. You had to have the original installation disk in your drive when you ran the program. The disk had an intentional bad (or invalid) sector on it. When the program ran, if it didn't find that invalid sector, it assumed that it was not running off of the original disks, and it deleted its own main .exe files from your harddrive. I was annoyed, because this meant I had to use the real, original disk, and I couldn't run it off (or make) backup-ups. Floppy disks in those days weren't as reliable as CDs are today.

    8. Re:Active copy protections... by poot_rootbeer · · Score: 1

      There's a legend that Microsoft actually encountered this back with Microsoft Word 1.0 - it formatted the hard drive if the CRC of the program changed.

      Knowing the quality Microsoft code, that was probably unintentional.

      WEEE LOOK AT ME I'M A KARMA WHORE!

  25. Spyware by Anonymous Coward · · Score: 0

    BullShit!! Spyware plain and simple!!

    1. Re: spyware by blibbleblobble · · Score: 1

      "should it do the easy and intelligent thing and just stop working?"

      In a similar manner, you could argue that bridges be designed to fall down if someone is detected crossing without paying the toll.

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

      "In a similar manner, you could argue that bridges be designed to fall down if someone is detected crossing without paying the toll."

      Did anyone not pay their rent in the WTC? Game on!

  26. Depends by rmohr02 · · Score: 1

    If it's in the EULA of the spyware (assuming it had an EULA), there is no grounds for prohibiting this (except maybe that EULAs are invalid, but that's another debate).

    I don't like it, but I think it's legal. Besides, I don't "pirate" software.

  27. Don't you have a firewall? by bucketoftruth · · Score: 2, Insightful

    filter the ports at your firewall. Problem solved, right?

    1. Re:Don't you have a firewall? by Anonymous Coward · · Score: 0

      Wrong, Could be random, so random only way to beat it would be to take your computer off the internet.

    2. Re:Don't you have a firewall? by Anonymous Coward · · Score: 0

      yeah. there aren't many firewalls that filter http. Otherwise, you wouldn't have a web access and for most users that's why they are connected to the internet in the first place. It can trivially be used to send data home to the software manufacturer.
      Firewalls are ok, but they can't protect you against everything. The big threats both in terms of how dangerous they are and in numbers, don't come through some port you can firewall without making the users unhappy, but through e-mail and http. despite the attention they recently deserved, blaster et al are exceptions

    3. Re:Don't you have a firewall? by Talinom · · Score: 1

      No, filter the applications with your firewall (ala ZoneAlarm) or (gasp) don't run cracked software.

      --
      "Giving money and power to governments is like giving whiskey and car keys to teenage boys." - P.J. O'Rourke
    4. Re:Don't you have a firewall? by Bios_Hakr · · Score: 1

      Nope, they will just use http encapsulation or ssh tunnels.

      You have to use Application-Level Filtering. If WinAmp or WinZip tries to access the internet, deny it access. Allow only Internet Explorer or Mozilla and possibly a mail client (although webmail is a better choice) to access the internet. Most Windows-based firewalls do this, but people tend to click the popup allowing them to create a rule for the new program.

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    5. Re:Don't you have a firewall? by bucketoftruth · · Score: 1

      I doubt that. Unless the software maker has a wide open connection listening on a huge range of IPs and ports then you could easily deny packets to that particular IP/PORT. Most likely they have a service sitting on one IP listening on one port that you could block.

    6. Re:Don't you have a firewall? by FirstOne · · Score: 1
      " Nope, they will just use http encapsulation or ssh tunnels."

      If you're setting up dedicated "test" machines which only need local access.

      1. Make sure any built in modem is not connected to a phone line.
      2. Do not configure or set up any email programs on test system.
      3. Use Static private network IP address assignments (192.168.xx.xx) and program the firewall/router/nat box to block ALL internet traffic to/form the test systems IP address. Note: A Dlink-604 router/nat(~$20) will do nicely.

      By following all of the above suggestions, any "DIAL HOME" capabilities will be automatically blocked.

  28. Was it VisualRoute? by drdink · · Score: 5, Informative
    I have recently seen this sort of thing from Visualware, the makers of VisualRoute. They send data like this:
    ip address: 192.168.55.3 [dhcp77-1.example.com]
    local ip address: 192.168.55.3
    date/time: Mon May 05 07:22:22 EDT 2003
    ethernet mac: censored
    user name: censored
    computer name: censored
    license key: NONE - CRACKED VERSION
    product: VisualRoute (build 1858)
    zone: en_US-06:00
    And yes, that data is falsified to save the identity of who it was. The amount and type of data it collects and sends home is rather disturbing. Can't the damn thing just uninstall itself?
    --
    Beware, Nugget is watching... See?
    1. Re:Was it VisualRoute? by Anonymous Coward · · Score: 0

      Heh.

      I just now uninstalled Visualroute.

      Thanks. :)

    2. Re:Was it VisualRoute? by vDave420 · · Score: 1
      ip address: 192.168.55.3 [dhcp77-1.example.com] local ip address: 192.168.55.3 date/time: Mon May 05 07:22:22 EDT 2003 ethernet mac: censored user name: censored computer name: censored license key: NONE - CRACKED VERSION product: VisualRoute (build 1858) zone: en_US-06:00

      We should locate these companies, and start sending them this exact data in the format their servers require, from C64s (or some other sufficiently obsolete hardware), then wait for the C&Ds and lawsuits to start.

      I would think the countersuit would bring in a minor fortune. =)

      -dave-

      --
      The pig browse. With Google. Sigh is to the chicken. Chicken is fool. Giggle. The DailyWTF giggle.
    3. Re:Was it VisualRoute? by FirstManOnMoon · · Score: 5, Insightful

      What would happen if a crooked employee at Visualware used or shared this information? He now has a valid username and IP address (even if the IP address was NATed, you could match it with the web server logs to find the outside IP.) He can now fire up his favorite cracking program and have at it. If a vulnerability exists in VisualRoute, he now has a list of computers running it that could be exploited. Food for thought...

    4. Re:Was it VisualRoute? by HotNeedleOfInquiry · · Score: 1

      Even sweeter would be a flood attack of tattletail packets.

      --
      "Eve of Destruction", it's not just for old hippies anymore...
    5. Re:Was it VisualRoute? by Anonymous Coward · · Score: 0

      You're fucking paranoid. What if this. What if that. You know...any company could do this since they all keep a database of their customers. A monkey could take that info and lookup their class C or whatever, portscan and go crazy.

    6. Re:Was it VisualRoute? by suwain_2 · · Score: 1

      Not that I at _all_ support the practice of spyware 'phoning home,' but (even ignoring what the DMCA could be use for) an evil corporation could probably get somewhere by arguing that this was (wire) fraud. I'd be careful about it.

      --
      ________________________________________________
      suwain_2 :: quality slashdot p
    7. Re:Was it VisualRoute? by computer_chacham · · Score: 2, Interesting
      Yeah, I got caught trying to use a serial number that wasn't mine. The software didn't even install, but the next day my school got the following email, and told me that I better stop or I'd be in trouble. Six months later I downloaded a demo (legitimately!!) but they must have kept my MAC address on file, because they sent another email to the school accusing me of piracy, and the school had to escalate it because it was my second offense. Ughh. I carefully explained that I didn't do anything wrong, and they believed me, but I wouldn't be surprised if another school would have done unpleasant things to me under those circumstances.

      >*** COMPLAINT *** >Delivered-To: xxxxxx.upenn.edu >Date: Wed, 26 Feb 2003 07:01:33 -0500 >To: dmca@isc.upenn.edu >From: piracy@visualware.com (Visualware Anti-Piracy) >Subject: Copyright Infringement #26764 (Software Piracy) -- >165.123.xxx.xxx (xxxxxxxx.xxx.resnet.group.upenn.edu) > >Someone within your network attempted to activate our software using a >product license key they did not legally obtain. Attempting to convert our >trial software into fully registered software without paying for the >license key is software piracy and is a violation of copyright laws and >international copyright treaties, as well as other intellectual property >laws and treaties -- a violation of most AUP (Acceptable Use Policy) and >TOS (Terms of Service). The full log detail of product activation attempts >by this individual: >ip address: xxx.xxx.xxx.xxx [xxxxxxxx.hrn.resnet.group.upenn.edu] >local ip address: xxx.xxx.xxx.xxx >date/time: Wed Feb 26 05:59:42 EST 2003 (26 Feb 2003 10:59:42 GMT) >ethernet mac: 0040450xxxxx >user name: xxxxxx >computer name: xxxxxx >license key: VR-V7C1-0gHYa6oNysjvP7SsCXxxxxxxxxxxxxxxxxxxxxxxxx xx >product: VisualRoute (build 1913) >zone: en_US-05:00 >This log information will enable you to track down the specific computer >used and many times the individual using the computer. For assistance in >interpreting this log information, important background / copyright >information, and tips on tracking down the individual responsible, please >refer to (consider this document included by reference): > >This document also includes (if applicable) DMCA notification information. >For more information about software piracy and copyright law, visit: > >We do not take anyone attempting to steal software licenses from us >lightly and would appreciate it if you would look into this software >piracy and take the appropriate corrective actions (have the responsible >party purchase a legal license or discipline the responsible party >according to your AUP/TOS). >Please let me know how this incident is resolved. >Jerry Jongerius >Chief Technology Officer >Visualware, Inc. >jerry.jongerius@visualware.com >[NOTE: piracy@visualware.com is an unattended mailbox. If you expect a >reply, send a plain text email to jerry.jongerius@visualware.com]

    8. Re:Was it VisualRoute? by Anonymous Coward · · Score: 0

      Food for thought...

      Thought provoking indeed, visualroute isn`t really server software, but if it was say a webserver then it is likely to be runnning from systems that are on 24/7 and are on the internet most of the time. Now by cracking these systems the cracker not only gets a place to stage further attacks from, but also one that is unlikly to cooparate with a police investigation on their network (they are running cracked software afterall)....

  29. Yay for firewalls! by Anonymous Coward · · Score: 0

    Make sure you know exactly why an application wants access to the internet.

    1. Re:Yay for firewalls! by phlyingpenguin · · Score: 1

      And if it's sending http requests over port 80? The sosftware doesn't really have to be sending over it's own port.

    2. Re:Yay for firewalls! by Anonymous Coward · · Score: 0

      My firewall will ask me anytime some new program wants to send anything. Doesn't care about the port, and I'm not silly enough to have a blanket rule allowing anything access to port 80.

    3. Re:Yay for firewalls! by phlyingpenguin · · Score: 1

      You mean a client side firewall then. There's a fairly big difference between that and the usual firewall/proxy which most large networks or home users with many computers use.

  30. Just buy the Damned Software. by Beardo+the+Bearded · · Score: 1

    Yeah, it's underhanded when a company makes it phone home when you've cracked it. However, it's illegal for you to crack it. You're lucky that they aren't calling the... uh... whoever it is that deals with software pirates.

    I'm not perfect here - I've got some software that's not, exactly, paid for. (I plan on getting the real versions once I graduate.) Some of the features don't work. I don't bitch about it, because I didn't friggin' pay for it. I also don't pay for multiple compies of games so I can play them on my home network. (One thing that Mircosoft does right - 1 disk covers many people.)

    The intelligent thing may have been for the software to stop working. However, you can get cracks for that. I'm sure software publishers are getting tired of all the cracks.

    The interesting thing is to see if that company will lower the price of the product. I mean, the software's now uncrackable, right? And part of the cost of software is to pay for all the pirated copies, right?

    Yeah, I'll hold my breath.

    --

    ---
    ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    1. Re:Just buy the Damned Software. by Anonymous Coward · · Score: 0

      No, it's not illegal to crack it! That's the core of the issue!

      If I purchase a copy then crack that, have I committed a crime? No, I've just chosen to run it under WINE and a crack can enable me to do that. Or maybe I just find that the program starts faster without a crack... it doesn't matter and it's not the original author's interest what my MAC address is.

  31. AUP by OneIsNotPrime · · Score: 1

    AUP stands for 'Acceptable Use Policy'.

    --

    ---

    WARNING:Slashdot karma not redeemable in the afterlife.

    1. Re:AUP by easter1916 · · Score: 1

      I think I worked with the guy you mention in your sig... a rock-steady coder from Chennai.

  32. The right? No. But does it matter? by sterno · · Score: 4, Insightful

    Ultimately if you get taken to court because of a copyright violation that was discovered because the cracked software phoned home, I doubt the court will grant you much leighway.

    If the software's anti-theft tracking was being put in place by the police, that would be a violation of the fourth amendment. On the other hand, this is being done by a private corporation which has far more rights.

    Think about LoJack, the car anti-theft mechanism, that tracks the car. Isn't that effectively the same thing? That's perfectly legal.

    I don't like the notion of a company installing such spyware because there's little guarantee that they are only reporting pirates. Furthermore, what's to keep them from reporting subtle violations of the license agreement that aren't in fact illegal under copyright law. Once the spyware is there, there's effectively no limit on what it can do.

    --
    This sig has been temporarily disconnected or is no longer in service
  33. Firewalls by kmahan · · Score: 1

    While I'm not saying that piracy is a good thing I also don't like software that makes connections to some "outside" source and sends info off without my permission. Which is why I think outgoing firewalls are a good idea. Along with knowing what kind of traffic internal boxes are generating.
    It's not paranoia - just perfect awareness. And yes, people ARE out to get me.

    --
    Invalid Checksum. Retrying.
    1. Re:Firewalls by Anonymous Coward · · Score: 0

      what if the app makes it look like a normal http request to a normal-looking website? how will you be able to determine what to block before its too late?
      take your box offline and run a sniffer?
      then what if they did the following:
      if (google == up)
      { report_piracy(bubbalovesyou.com/submit.php?ip=...) ;
      }

      you'd never see the actual traffic till you're online...
      i think the end of piracy might be near..unless you want to sacrifice your internet connection for it :)

    2. Re:Firewalls by afidel · · Score: 1

      Outgoing firewalls of the normal variety won't stop it because the developers can just setup a website to capture the data and have the spyware app fill in the fields automagically, this will get through 95+% of normal firewalls. It will however be blocked by OS aware end user firewalls like Zone Alarm. Zone Alarm can be setup to block all unauthorized network connections at the winsock level so the connection never gets off the local PC.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    3. Re:firewalls by fishbowl · · Score: 1

      There are a few L7 projects going on.

      --
      -fb Everything not expressly forbidden is now mandatory.
  34. windows ? by jacquesm · · Score: 3, Interesting

    How many packets does your machine send out that you have not looked at personally ? Mine does that *all* the time (I don't have the time nor the resources to check them all).

    This means that if say MS is checking the contents of my machine and starts harassing me over possibly illegal software that I would have no way of knowing that the info was retrieved using spyware. it's the stupidity of the 'presentation' that gives this one away, if they were a bit more clever about it you'd never have known that it was spyware related.

    The best way to avoid this kind of trouble is to go completely open source or make sure your licenses are paid up :)

    are you on the grapevine yet ?

    1. Re:windows ? by Anonymous Coward · · Score: 0

      This means that if say MS is checking the contents of my machine and starts harassing me over possibly illegal software that I would have no way of knowing that the info was retrieved using spyware.

      Ive been using MS software since DOS. I've built every machine I own, so I never been forced to pay for a MS license from purchasing a new machine. Especially with all the patches/worms lately, I have become increasingly concerned about patching my machines, none of which I own a license for, nor have I ever profited off using these licenses. So recently I setup a SUS server to handle all my updates, rather than having automatic update for each machine connect to their site. I mainly set this up to send the least amount of information to Microsoft's website as possible - and also lessen the overall load when it updates. But regardless of all that, I don't think Microsoft gives a shit - atleast enough to do anything about it. Like I mentioned before, I never profited off using their software (no business, etc.) and if I ever do, I intend to use valid licenses. But regardless, I personally feel that they are not going to waste their time going after the little guy like myself.

      Some people might not agree with me, which would not be suprising at all. I would like to see specific situations where MS has gone after the little guy, if anyone here knows of any. Also would like to know if anyone has any information on whether SUS sends any information back to MS.

      PS-I don't mean the STUPID little guy (not business) who leaves his hacked copy of WinXP or 2000 Server to update automatically for over a year...

  35. Well shit yes ... by Anonymous Coward · · Score: 0

    but why the fuck stop there? Even a mere suspicion should be enough cause for the software to trash the machine's hard drive and fry the motherboard. That'll teach the goddammn software pirates.

  36. This or Product Activation? by Sancho · · Score: 1

    This is a tough question/topic. I mean, it "sends the administrator email"...what precisely does that mean? The ISP? A corporate administrator? The ISP has no real business knowing this unless/until the company decides to subpoena the user's information. The administrator certainly could know, but what about individual users?
    Unless they inform you of this possibility, I'd rather them just use product activation and be up-front about their piracy prevention measures. Why? Because software has bugs, and I don't want to have the hassle of software phoning home, claiming that I'm doing something illegal, when in actuality there is a bug in the software (or a virus causing a different checksum) that is causing the issue. Bug in their software causes a problem, they sue me, I have to deal with the legal hassle, but laws like UCITA mean that I can't countersue for the bug that initiated their response in the first place.

  37. List o' Spyware by chimpo13 · · Score: 3, Funny

    Does anyone know where there's a list of spyware that does this? I'd like to see what programs to avoid stealing.. uhr.. I mean buying.

    1. Re:List o' Spyware by Anonymous Coward · · Score: 1, Informative

      Here is a page of links for such lists.

  38. What if it was a legit version? by ad0gg · · Score: 4, Interesting

    With the game Black and White that I own, the cd copy protection gave my computer so much problems and the only solution the publisher gave me was to install a new cdrom, so I was forced to install the cd crack to actually play the game. I'd hate to be labeled a pirate and taken to court because I actually wanted to play a game I legally purchased(Hell I preorded).

    --

    Have you ever been to a turkish prison?

    1. Re:What if it was a legit version? by yukio · · Score: 1

      If you legally have the license, you're OK.

      I agree regarding B&W - and too many other apps. It's a shame that the cracking community does a better job of making certain products work better than the publishers themselves.

      But - having worked at one - when they cut budgets, they don't cut sales, marketing or executive perks. They cut QA and tech Support.

      --



      To have ambition was my ambition.
    2. Re:What if it was a legit version? by Cyno · · Score: 1

      I crack some games just to save my DVD/CDRW drive. I wish I could get free replacement drives from video game manufacturers, and CDs for that matter.

    3. Re:What if it was a legit version? by theskipper · · Score: 2, Interesting

      Or if the publisher doesn't allow an archival backup to be made.

      Case in point, my GTA Vice City CD was getting scratched up so, knowing that the play disk was copy protected, I decided to read the license agreement to see how this is handled:

      "Software Backup or Archiving. After You install the Software into the permanent memory of a computer, You may keep and use the original disk(s) and/or CD-ROM (the "Storage Media") only for backup or archival purposes."

      No mention of a single backup copy or any other solution.

      Of course the problem is that the CD is required to run the game. So there's lots of eventual wear and tear no matter how careful you are.

      To bring this back on topic, after searching the web for ways to burn a backup I gave up on the idea and found a cracked copy. It works great but it gives me the willies.

      So what happens if there's phone-home code in the executable? By using an obviously cracked exe, the chances are that I'd be assumed to be a pirate even though I am innocently trying to exercise my fair use rights. To take it a step further, what if the publisher is a member of the BSA?

      This is old hat stuff for /. but real life examples are what "brings it home" to the average Joe.

    4. Re:What if it was a legit version? by chgros · · Score: 1

      You may keep and use the original disk(s) and/or CD-ROM (the "Storage Media") only for backup or archival purposes
      Which means you can't use it to play so you can't play at all :-)
      Of course the problem is that the CD is required to run the game
      Daemon tools is great to run a game from hard disk only.

    5. Re:What if it was a legit version? by IthnkImParanoid · · Score: 1

      Just because it doesn't say you can make a backup copy doesn't mean you can't. It would specifically have to say "no backup or archival copies allowed." Then we get into the dubious legality of EULA's.

      --
      It's nothing but crumpled porno and Ayn Rand.
    6. Re:What if it was a legit version? by IthnkImParanoid · · Score: 1

      Good point, I use no CD cracks for every game I own, just because 1)I don't like switching CD's, 2) I don't want my mini vacuum cleaner ruining my experience listening to the sound, and 3) hard disk access is faster, and I have plenty of space.

      Someone needs to inform the copy-protection drones at video game companies requiring a CD does nothing, since popular games (those most prone to piracy) are cracked in such a hurry. All requiring a CD does is make the game less enjoyable.

      --
      It's nothing but crumpled porno and Ayn Rand.
    7. Re:What if it was a legit version? by Lodragandraoidh · · Score: 1

      I think a judge and jury would have a hard time convicting someone of copyright violation for having one backup copy of their software.

      Secondly, If you are serious about off-site storage for your precious apps, then I doubt the DMCA Nazis would waste the time or money to track down your safe deposit box to find those single backups - of dubious legal use anyway.

      On the other hand, if you have a factory of burners going, and are pumping out hundreds of copies of various titles, and selling them to your friends, family and acquaintences, then I don't think you have a leg to stand on.

      However, there is a murky grey area of this: those guys who are building MOD chips and selling them. My question is, since this is reverse engineered, combined with original work, shouldn't that be considered non-infringing? How is someone modding an Xbox to make it run Linux, for example, infringing on the rights of Microsoft? Did they have a plan to produce just such a chip, and have valuable patent rights nullified and lose sales? If not, then what is the real motivation? It really comes down to control.

      External remote control of what we can see and do with an Xbox (just using as an example) is only one step closer to remotely controlling all of the entertainment, communications, and information available to each one of us. Is this control benevolent? Or, will this control serve the purposes of the controlling corporation(s), and censor things that are disagreable to them?

      --

      Lodragan Draoidh
      The more you explain it, the more I don't understand it. - Mark Twain
    8. Re:What if it was a legit version? by Anonymous Coward · · Score: 0

      And if no no-cd crack is available, install Alcohol 120%

    9. Re:What if it was a legit version? by Anonymous Coward · · Score: 0

      I had the same problem with a game called Mechcommander, published by M$.

      The game didnt like my CD-ROM (a generic at that time), so it basically told my that I had to reinsert my Original CD on the machine and I couldnt play the game.

      So being an original (purchased on an EB Store), I contacted their Customer Service.

      After like 5 or 10 mails between their Tech Person and myself (giving the inner disk number, date of purchase, etc).
      They told me that it was probably a defective CD (Altough I had installed on another machine and it run perfectly).
      They said they where going to send me a new CD but here comes the problem, since I dont live in the US they couldnt send me one, and since the software was only sold in the US (beats me how could I get a hand on it). They simply stopped sending me any emails and closing the case.

      What I did was to find a site where I could find a *fixed* exe and play the game.

      Thank god for those infalible CD Protections.

    10. Re:What if it was a legit version? by Anonymous Coward · · Score: 0

      I had the same thing with Thief on my laptop. I emailed Eidos and they pointed me to a web page and said "try this".

      "This" was how to use copy protection removal tools to remove the safedisk protection.

      Therefore Eidos condones removing the protection from their games :D

    11. Re:What if it was a legit version? by sql*kitten · · Score: 1

      By using an obviously cracked exe, the chances are that I'd be assumed to be a pirate even though I am innocently trying to exercise my fair use rights. To take it a step further, what if the publisher is a member of the BSA?

      Then you or your lawyer says "Your Honour, exhibit A, an original CD, exhibit B, a receipt from Best Buy for said CD, please note that my client's credit card details are clearly visible on said receipt".

      The judge turns to the BSA and says "if you ever bother me with your bullshit cases again, I'll have your sorry ass slung in jail for wasting the court's time".

      End of story.

    12. Re:What if it was a legit version? by gl4ss · · Score: 1

      if you get the willies.. install zonealarm or some other fw that enables you to not let it phone home even if it would like to.

      -

      --
      world was created 5 seconds before this post as it is.
    13. Re:What if it was a legit version? by MImeKillEr · · Score: 1

      Or just pull your ethernet cable when playing the game. I mean, GTA and Vice City aren't multiplayer games. Yes, I know about MTA (MultiTheft Auto) but all that did was hose my GTA installation so it doesn't count.

      --
      Cruising the internet on my TI-99/4A @ a whopping 300 baud!
    14. Re:What if it was a legit version? by Torne · · Score: 1

      Use Alcohol 120% to make a cd-image copy of your legally purchased CD onto your hard drive. Alcohol will then mount that as a virtual CD drive, complete with emulated copy protection data. This should be your fair use right. This is how I run all my games; the CD goes into the PC exactly once, to be read by Alcohol. I install and play them from the virtual drives. Not one game has failed to work yet. =)

    15. Re:What if it was a legit version? by Anonymous Coward · · Score: 0

      True. I too bought the game - but the Securom version simply doesn't work under Windows XP, at all, ever. You HAVE to crack it to play the game, period.

  39. Why is this moderated troll? by Anonymous Coward · · Score: 0

    Why? It makes no sense that this should be moderated troll.

  40. Why are they sending you this information??? by GreenCrackBaby · · Score: 3, Interesting

    I can't tell, but I'm assuming that you work at an ISP (AUP complaint?). Why on earth would you care about this information?

    "Oh no! One of our users is doing something illegal and it has nothing to do with us! Quick, pull the plug on him!!!"

    Seriously...unless you are law enforcement, what could you possibly do with this information? If I wrote your ISP and told them I saw you smoking pot, should I expect them to pull the plug on your connection??? How is this any less rediculous?!?

    --

    "The market alone cannot provide sufficient constraints on corporation's penchant to cause harm." -- Joel Bakan
    1. Re:Why are they sending you this information??? by Tyrall · · Score: 2, Insightful

      Wish I still had mod points for this one.

      I fully agree if the user is distributing the software, they should be nuked, but I'd love to see the AUP/ToS for any ISP that dictated what software you could or could not run on your own machine.

      If anyone actually read the documents (and does anyone still read EULAs, AUPs, and other such cruft?), they'd run so fast the ISP wouldn't see them go.

      ISPs are responsible for, and thus should worry about, what their customers do WITH THE SERVICE THEY PROVIDE. That does not apply in your pot smoking example, or in the example given in the parent article.

    2. Re:Why are they sending you this information??? by DCheesi · · Score: 1

      Err, doesn't the DMCA require ISPs to shut down infringers immediately? If they don't, they lose their exemption from liability or something. This only applies in the US, of course (for now...)

  41. Virus effects? by RonnyJ · · Score: 2, Interesting

    How exactly would a program go about detecting accurately whether it's cracked? I'd hate to get a virus infection, which changed the executable slightly, and then end up being accused of cracking the software.

  42. Uh? by loconet · · Score: 4, Insightful

    Ok, so if the program is smart enough to discover that it's a cracked copy of itself, why doesnt it just not start up and prevent the user from using the cracked copy.

    --
    [alk]
    1. Re:Uh? by RebelWithoutAClue · · Score: 1

      Because if a hacker saw another layer of protection, he'd go ahead and "fix" that too ?

      --
      "However beautiful the strategy, you should occasionally look at the results" - Winston Churchill
    2. Re:Uh? by Anonymous Coward · · Score: 0

      Excuse me, CRACKER

    3. Re:Uh? by Durin00 · · Score: 1

      Ok, so if the program is smart enough to discover that it's a cracked copy of itself, why doesnt it just not start up and prevent the user from using the cracked copy.

      What if there's another crack to disable this countermeasure?

    4. Re:Uh? by Anonymous Coward · · Score: 0

      pardon, WHACKER!!

    5. Re:Uh? by vDave420 · · Score: 2, Insightful
      For obvious reasons:

      Consider the following:

      Product A checks for registration B.
      If it finds B, continue. If not, end.
      If B, test condition C, and take action D.

      If D is too easy to spot (like program fails to load, uninstalls itself, etc) then it becomes OBVIOUS to a hacker that the desireable point of attack is C.
      If, however, action D is fairly slight (at least as far as the end user is concerned, and "delayed phone home" counts) then it is *MUCH* more likely that the hacher who cracked the codes for "Registration B" won't notice D, and will therefore release the "partially cracked" program instead of a "fully cracked" one which doesn't do action D.

      This is actually pretty simple stuff, and not at ALL original!
      heh

      -dave-

      Help me out, and Use BearShare for all your peer-to-peer needs!

      --
      The pig browse. With Google. Sigh is to the chicken. Chicken is fool. Giggle. The DailyWTF giggle.
    6. Re:Uh? by salmacis2 · · Score: 4, Insightful

      Bingo! The software can't know without any degree of certainty whether it is patched or not. So this data is sent back for *all* installations. The software company then checks product ID numbers against those which were registered. So even legitimate copies of this software are sending their customer's details back. *That* has to be a problem.

    7. Re:Uh? by FauxReal · · Score: 2, Interesting

      And besides that... they'd probably rather track you down, catch you in the act and the sue your ass to make an example out of you.

    8. Re:Uh? by Anonymous Coward · · Score: 0

      So if you're legit why are you so afraid of them doing this? There's no *customer details*. It's strictly information relating to the software and licensing or so this guy says.

    9. Re:Uh? by afidel · · Score: 1

      Umm, give crackers some credit. Most use a disasembler or debugger to walk the code looking for anti-theft techniques, such a solution would be trivial to spot and work around. I once had a demo version of a product from a company that had gone out of business, the product was usefull but for whatever reason they had gone out of business before I found their product, so I used a debugger, windows call hook program, disk access watcher, and registry use watcher (most from winternals) to figure out the copy protection scheme that was limiting the product to 15 uses and disabled it by setting up a batch file to restore its counter file and registry count key to original value each time the app was run.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    10. Re:Uh? by Anonymous Coward · · Score: 0

      So you can be prosecuted by law for violation of copyrights.

      Just shutting down isn't enough. The guilty must be punished. Otherwise, what's the point of laws???

    11. Re:Uh? by CodeMunch · · Score: 1
      Ok, so if the program is smart enough to discover that it's a cracked copy of itself, why doesnt it just not start up and prevent the user from using the cracked copy.

      <marketspeak> The best way to get corporate penetration and more consumers familiar with your product is to have your software pirated </marketspeak>

      Kinda like spamming - the more you have out there the better the chance of getting paid. And this way, you can find out who to invoice.

    12. Re:Uh? by chgros · · Score: 1

      There's no *customer details*. It's strictly information relating to the software and licensing or so this guy says.
      From what "this guy says":
      the users PC name, username, and MAC address
      So what is that ?

    13. Re:Uh? by HardCase · · Score: 1
      Bingo! The software can't know without any degree of certainty whether it is patched or not. So this data is sent back for *all* installations. The software company then checks product ID numbers against those which were registered. So even legitimate copies of this software are sending their customer's details back. *That* has to be a problem.


      The only flaw in your reasoning is that it's all complete supposition. You don't know how the software determines that it's cracked...you don't even know what program it is! Here's an example...Cadence software that is licensed on a per-machine basis uses a dongle. If there's no dongle, the software won't start. What if somebody were to crack the software so that it would run without a dongle (like, say Autocad cracks)? Now, if there's no dongle and the software is trying to say that it's running with a local license, then obviously something is wrong. You'd better believe that Cadence would be "concerned" about that.


      That's just one example. Your reasoning runs a lot like many other posts on this thread...we have a limited amount of information about this issue...we know what the software does when faced with a situation in which it believes that it is cracked. We don't know how it determines that it is cracked. We don't know what it does with properly licensed software.


      The question is whether or not cracked software ought to be able to report information about where it is...and, given the details in the article, that's really the only question that we can answer in this case.


      -h-

    14. Re:Uh? by Burpmaster · · Score: 1
      Just shutting down isn't enough. The guilty must be punished. Otherwise, what's the point of laws???

      What's better? Preventing murders, or letting people murder just so you can send them to jail for it?

    15. Re:Uh? by Limecron · · Score: 1
      Try thinking that through a bit. :)

      If a program decides not to run anymore once it has been "cracked" (read "altered"), then the first thing the cracker HAS to do is to bypass that checking system. Then he is free to crack as usual.

      Granted, there are ways to make this idea more difficult to crack. (Adding a time delay, etc.) However, implementing an alerting scheme would prove much more successful, and it provides the company with some statistics.

      I don't agree with data mining, however the sending my computer's host name and IP address I would hardly deem "spyware". You can unwittingly give more away by visiting a malicious website. (Especially if you are using IE.)

    16. Re:Uh? by fishbowl · · Score: 1

      I suspect this is a weak variant of the halting problem -- the software has a difficult time to really know that it's been cracked. I'm not saying it's impossible like the halting problem, but it does fall in similar territory. I suspect that it makes a connection for all installations.
      Further, I suspect that the origin of the cracked version will turn out to be none other than its publisher.

      The people who do the cracking are pretty clever. They'd work around the activation/phoning home as part of the job. The fact that a piece of software phones home would be pretty obvious, and pretty easy to trace, and stupidly easy to either disable or make it talk to a proxy so it thinks it's called home.

      If the publisher was smart, they'd put some real crypto on that phone-home protocol, and they'd make it so you had to actually acquire a license that was only for you, by calling in your registration. Or even go as far as a personalized dongle. Inconvenient as hell, but it would work. Make the license agreement so that if your key is ever found in the wild, you forfeit it.

      Microsoft is pretty close to this with Activation.
      If they made it so that every copy of Windows is individual serialized, and the serial is tied to the customer directly before it can even be used -- with some hard crypto on the activation and maybe even a hardware component -- they could accomplish zero piracy, or at least achieve an enforcement of zero tolerance.

      Even MSDN has to activate these days, and I doubt that there will be the "corporate edition" loophole with Server 2003.

      --
      -fb Everything not expressly forbidden is now mandatory.
    17. Re:Uh? by Anonymous Coward · · Score: 0

      And in any case, any cracker worth his debugger would be patching out the bloody phone home routines anyway, so ONLY the legitimate copies phone home!

      Every copy protection method can be defeated except those that are irrevocably and directly linked to the online function of the application, and even then every now and again someone surprises me.

      No, activation won't help you. It falls, like everything else. And yes, we will notice. Our tools are better than yours will ever be. If it runs, we can read it. If it doesn't run, we can probably read it anyway. Give up, we've won.

    18. Re:Uh? by ameoba · · Score: 1

      What's the point of encrypting the authentication protocol if the cracker's just going to patch around the check(s) for that code?

      If you're going to encrypt the executable, a single valid key could hardwired into the program (or an image of the unencrypted code could be pulled from memory).

      Essentially, the problem of stopping software from running on any given system is like stopping somebody from saving pictures off your webpage; you might be able to stop 99% of people from stealing something, but it only takes one person to get at it and give it to everyone else.

      --
      my sig's at the bottom of the page.
  43. What this is really telling you is.. by Dr.+Ion · · Score: 4, Insightful

    you need to tighten up your firewall!

    If you don't even know which software or machine is communicating with which outside hosts, don't be surprised when you find out some inside box is relaying spam or leaving out the welcome mat for unwelcomed visitors.

    In any case, what exactly prevents you from naming the offending software? Why speak in generalities and obfuscation?

    1. Re:What this is really telling you is.. by Sancho · · Score: 1

      Tighten up the firewall....to prevent outgoing email? or maybe port 80? It's not like you can't send just about any sort of information using any of a number of standard services that you simply don't want to disable on your firewall (due to being overly restrictive of your own use of the computer)

    2. Re:What this is really telling you is.. by Lumpy · · Score: 1

      ok mister smartypants...

      how about the software that report's it's self via port 80?

      http://mysoftware.com?app=myapp?SERN=cracked?ip= 12 7.0.0.1?machinename=engineering44?user=dave

      I'm sure this will easily get through any firewall you configure that let's users connect to websites.

      and if you dont know my app does this.... well you cant blackhole my DNS if you dont know to...

      --
      Do not look at laser with remaining good eye.
    3. Re:What this is really telling you is.. by Jeremi · · Score: 1
      Maybe what we really need is an OS that supports an easy-to-configure "sandbox" for each app to run in. That way if you are worried about Application X sending out network packets on the sly, you can just tell the OS to disallow network connections from that app.


      If you can't trust the applications you are running not to spy on you, but you still have to run those applications, it's the only way...

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    4. Re:What this is really telling you is.. by mark-t · · Score: 1

      Java

    5. Re:What this is really telling you is.. by carsont · · Score: 1

      Maybe what we really need is an OS that supports an easy-to-configure "sandbox" for each app to run in. That way if you are worried about Application X sending out network packets on the sly, you can just tell the OS to disallow network connections from that app.

      OpenBSD ships with systrace, which does exactly what you describe. Systrace is also available for NetBSD, Linux, and Mac OS X.

      Of course, with the exception of Mac OS X, these aren't really platforms where you have to worry so much about software phoning home to the vendor or other forms of spyware. On Windows you can always use ZoneAlarm, though.

      --

      Ubi dubium, ibi libertas.
    6. Re:What this is really telling you is.. by Anonymous Coward · · Score: 0

      Speaking of firewalls.. It would be nice if there was a way to deauthorize certain programs from sending outgoing packets.. That way you could only allow programs with legitimate reasons to connect to the web to do so. Perhaps there *is* a way to do this that I'm not aware of...

    7. Re:What this is really telling you is.. by nfg05 · · Score: 1

      I use Norton Internet Security to selectively permit/disable programs from accessing the web.

    8. Re:What this is really telling you is.. by zora · · Score: 1
      What if you run a cracked version of Norton? Who watches the watcher???

      As a legitimate owner of some Norton products they do phone home during install but they are forthcoming and tell you what they are doing.

      --
      In the end they will lay their freedom at our feet, and say to us, "Make us your slaves, but feed us." - Dostoevsky
    9. Re:What this is really telling you is.. by Anonymous Coward · · Score: 0
      how about the software that report's it's self via port 80?
      I'm sure this will easily get through any firewall you configure that let's users connect to websites


      I'm not sure. The PC firewall software that I have seen (some dodgy old McAfee product) had settings per application. Even if IE and mozilla have been given permission to use that port, but you would know about it if some other app tried. Of course, you could get around that by using COM or something to lauch a hidden instance of IE....

  44. Legal in Queensland. by Anonymous Coward · · Score: 0

    If you computer is password protected, then this would probably constitute a hack under s408D of the Qld Criminal Code, and you could go them. Of course, if they aren't in Aus, the local police can't do to enforce it, but you could always sue them civilly.

    Of course, if you don't password project your computer, then this section doesn't protect you.

    Another exception being if the manual or licence agreement states that they send such details from your computer, in which case you agreed to it and tough luck.

  45. Using Spyware to Report Pirates? by pandrel · · Score: 0, Troll

    I would have to say, this is well with in the software companies rights. If you use cracked versions of licensed software the software companines should be allowed to do anything they can to stop the illegal use of they're product.

    1. Re:Using Spyware to Report Pirates? by SydShamino · · Score: 1

      Anything they can? What about hacking onto your machine and reformatting it? What about running an algorithm that will physically damage your hard drive? What about taking your user name, finding your street address, then going to your house and raping your wife and shooting your child in the face and promising to do it to your parents too if you don't stop?

      So, is it still anything? Or, perhaps, is it anything "legal" to protect their rights?

      And, if it's anything "legal", then we're back to the start of the discussion. What they are doing may or may not be legal, depending on the information they are retrieving. Specifically, if they are looking outside of the memory space designated for their software (or scanning hardware information unnecessary for the operation of their hardware), what they are doing is most certainly ILLEGAL.

      Remember, a few years ago Sony attempted to do the same thing to find people running 3rd party software with EverQuest, but they were forced to stop. That case is similar to this; in this case the software copy is invalid because it doesn't not have a valid license. In that case the software license had been broken by using 3rd party tools, but Sony still could not engage in illegal activities to stop the actions of the consumer.

      --
      It doesn't hurt to be nice.
    2. Re:Using Spyware to Report Pirates? by Anonymous Coward · · Score: 0

      Not really. All they can do is refuse to let their software run on my machines. They can't report abuse home because they would be using equipment that I own in addition to telecommunication services I pay for. That would be theft of service and they could go to jail for that. They can't destroy any data on purpose on my systems either because I could sue them out of existance for that, maybe even send them to jail. How come I can do that? I'm the state and yes... there is unlicensed software even in the public sector :-)

  46. Abso-dutely... by poptones · · Score: 2, Insightful
    In fact, I personally believe this is, under current laws, the ONLY protection that should be afforded software publishers. With no source code they should absolutely NOT be granted copyright, which means if they want to "police" some sort of agrteement this would be their only means of doing so. of course that's an ideal world and this ain't, so instead they get to enjoy both.

    Anyway, they absolutely should be free to use such methods. Of course, we are all free to not use their software if we don't like their methods.

    That is, if whoever started all this would step up to the plate and tell us who the publisher is...

  47. Cracking by Ugodown · · Score: 1
    should it do the easy and intelligent thing and just stop working?

    How is this intelligent? You know that before long, a crack will be out to get it working again. And if the person who went through the trouble of copying it in the first place, is really likely to know about cracks.

    --
    --- to swing on the spiral...
  48. Just say No -- don't let them by Anonymous Coward · · Score: 0
    I have visibility to AUP complaints we receive at work, and we receive messages from a software vendor that make it obvious that their product is phoning home when it discovers it is running a cracked copy of itself.

    If you do not want that behavior you should enforce operating system controls to prevent it from making that connection (unless, of course, you have a contract with the vendor requiring you to allow it).

    Discussions of how vendors ought to behave have only whimsical value, and sending lawyers after them is too expensive.

  49. Use Free Software by no_choice · · Score: 4, Informative

    Given that you undoubtedly agreed to allow the proprietary software to do a full body cavity search on you when you clicked through the EULA, the publisher has the right to do just that. Even if you're using a "legal" copy.

    YOU have the right to refuse to use binary-only, spyware infected, jump-through-hoops licenced programs. Use Free Software instead.

    "But I depend on the proprietary software to do my job." Then support the Free Software movement so someday you won't need to depend on proprietary software anymore.

    1. Re:Use Free Software by FuzzyBad-Mofo · · Score: 3, Funny

      But, but, but.. I didn't click through any agreement! My cat must have walked across the keyboard when I was out of the room, honest!

    2. Re:Use Free Software by Bassman59 · · Score: 1

      Hey, I *do* support the Free Software Movement. And I'm still waiting for open-source EDA tools that don't suck.

    3. Re:Use Free Software by Anonymous Coward · · Score: 0

      If you _support_ the Free Software Movement, shouldn't you be coding an open-source EDA tool that doesn't suck, instead of waiting for others to do it for you?

    4. Re:Use Free Software by LordLucless · · Score: 1

      I thought EULAs weren't legally binding in most of the world. I thought the only places where click-through agreements were found to be binding were 1 or 2 US states?

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    5. Re:Use Free Software by FurryFeet · · Score: 1

      I rather prefer the "I was drunk when I installed it, so the contract is not binding" approach.
      Then there's the always popular "Here's a video of a 5 year old clicking I Agree", but you really need a child around to do that properly. I hear that's not common for slashdotters.

    6. Re:Use Free Software by roystgnr · · Score: 1

      Given that you undoubtedly agreed to allow the proprietary software to do a full body cavity search on you when you clicked through the EULA

      No, I clicked through EULAs without agreeing to them. Where did they get the idea that they could tack restrictions on my right to click a button on a piece of software I've already purchased, anyway?

  50. You could always call the police. by Beardo+the+Bearded · · Score: 1

    You can take the guy's picture, find out where he parked your car, and tell the cops. That's what this software is doing:

    Hey, this guy's stealing...

    He lives here...

    This is what he looks like...

    [Hello, police?]

    --

    ---
    ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    1. Re:You could always call the police. by Anonymous Coward · · Score: 0

      No, it's more akin to:

      Hey, this guy's stealing...

      He lives here, and this is what his front room looks like...

      This is what he looks like, and these are some of his letters I swiped whilst checking out his front room...

      [Hello, police?]
      [Hey, why are you cuffing me?]

  51. company vs individual rights by jdkane · · Score: 1
    "The message goes on to detail the users IP, a timestamp, the product in question, the users PC name, username, and MAC address.

    I believe the corporation and the individual user belong in different categories and should be distinguished from one another when piracy comes into question. The face of the organization is represented by the synergistic effect of all its employees. I think callback software is okay to a certain degree. For me the Product name, IP# and MAC address would seem reasonable information to send back -- however it seems to be going too far if they identify the employee. The vendor needs proof that the company is infringing but should not target the individuals in the company. It is up to the company to repremand its employees or handle the situation how it wishes. So I say let the software vendor deal with the corporation, and in turn let the corporation deal with the employees.

  52. What's the problem? by jrumney · · Score: 1
    Provided they mention in their usage agreement that they will do this, and exactly what information they will collect and under what circumstances, I don't see any problem.

    From what you posted, it looks like they are collecting a sensible amount of information (no /etc/passwd or Windows equivalents) and only for tracking down people using unlicensed copies of their software so they can persuade them to pay up. Of course the "evidence" they are collecting would never stand up in court if the unlicensed user calls their bluff.

  53. But that's not all by exp(pi*sqrt(163)) · · Score: 1

    I've heard rumors that if you're caught committing a crime then a cop can get a thing called a search warrant from a judge that allows them to search your home! That's not all either! If they can convince a dozen random people off the street that you did indeed commit it then they can haul you off to be incarcerated. In prison you lose many of your constitutional rights. Can you believe it! It's unconstitutional!

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  54. It is intrusive... by ihummel · · Score: 1

    but not as intrusive as M$'s phone-home registration for Windows XP, etc., which is applied to those who have paid for the software. I don't particularly like it, but if people would stop pirating software on such a large scale, such tactics (both the software in question's and Microsoft's) would not be justifiable to the general computing public. When companies are losing a lot of money to piracy, they are going to fight back. If you can't pay, or don't want to, use Free Software instead.

  55. Re:The right? No. But does it matter? by fuzzybunny · · Score: 3, Interesting


    Erm...while I grant you that in a civil case the rules of evidence will be much more lenient than in a criminal one, there are statutes related to industrial espionage which you could cover yourself with.

    IANAL etc etc, but I am under the impression that, unless you explicitly agree to a function which is not arguably part of the 'core' raison d'etre of the software, things like collecting information without someone's consent on legitimately licensed PCs could be construed as breaking and entering, or the digital equivalent.

    If the software only does this for unlicensed copies, I wonder whether you couldn't use a similar strain of argument (license was not active for arcane technical reasons, whatever.)

    Admittedly, without starting an argument about it, I don't have strong moral qualms about piracy, and I do believe there are certain limits as to what's allowed in terms of evidence collection/snooping even if you are doing something legally "wrong".

    Frankly, I think companies should try to use free/open software anyway if they can, so this never even becomes an issue (ask SCO! :-)

    --
    Cole's Law: Thinly sliced cabbage
  56. No problem by Henry+V+.009 · · Score: 1

    You are the one who enables the phone home code by cracking the software. That code is never run unless you enable it. I fail to see any problem with this.

  57. Don't Like It, But... by reallocate · · Score: 1

    My initial reaction to this was one of dislike, but it strikes me that this is equivalent to the phone company tracking people who tap into a line, or a cable TV company tracking cable thieves.

    Why are we offended when a company includes in a product the means to report its own theft? Aren't there programs that attempt to alert the owner of a laptop when a thief tries to use the machine?

    The Internet is a public place. If you don't want anyone to watch what you do on the net, log off.

    --
    -- Slashdot: When Public Access TV Says "No"
  58. Why not? by Eric+Ass+Raymond · · Score: 1
    Sure, why not if you agree to that when you click on the EULA.

    You sign to a contract, you've better live by it.

  59. Re:Hey yanks -- ready to hear the truth? by Anonymous Coward · · Score: 0

    Things are changing, but it takes time.

  60. Personal Firewall notifies you of this by sublimespot · · Score: 3, Informative

    Personal Firewall is the best approach to keep software from "phoning home".

    You need to use your best judgement - when and why an application connects to the internet. Deny all connections by default.

    1. Re:Personal Firewall notifies you of this by Sanga · · Score: 1

      What if the program were meant to communicate on the net?

      You do not suppose that Opera should be stopped from connecting to the Net...

  61. Drive away legitimate customers too? by RonnyJ · · Score: 1

    In the end, this sort of thing will drive away potential legitimate users also. Programs and their authors can get a bad reputation if they do things like this, and I'd be wary of buying and using a program that had reports of spyware like this in.

  62. Windows Update by Thuktun · · Score: 1

    One wonders if the set of those claiming this is a valid anti-piracy tool intersects with those who would believe Microsoft doing it is an invasion of privacy or evil in some way.

  63. Wait a bit... by Anonymous Coward · · Score: 0

    I know I run some cracked software using a windows emulator on my computer since the copy protection scheme gets in the way of the program running. Why should I now also fall vitum to suspected piracy.

  64. If done right, I think this is pretty cool by wmshub · · Score: 1

    As long as the software licence says it does this, and it doesn't "phone home" with anything but what is necessary to identify the computer hosting the cracked copy, I think this could actually be pretty cool.

    In my experience, most companies don't want to steal software, but it does sometimes get accidentally installed without an extra licence purchase. If the software maker did it right, they could just call up the owner of the infringing computer, and say, "Hey, it looks like you need a few more copies of our software! Have your purchasing department get in touch with us. We'll let the unpaid-for software keep working for a month but make sure you buy your licences before then. Then get back in touch and we'll tell you how to reconfigure your installations to use these new licences."

    Honestly, this method sure beats the BSA, doesn't it? In fact, if I were a busy IT person, I'd appreciate knowing that I can run around installing this software whenever I want, and the company will just get back to me if I forget to pay for it!

    Of course, if they didn't warn you in their licence that they'd be doing this, or if they were transmitting confidential information back to home...that's a whole other story.

    1. Re:If done right, I think this is pretty cool by EverDense · · Score: 1

      ... they could just call up the owner of the infringing computer, and say, "Hey, it looks like you need a few more copies of our software!"

      GREAT!

      I just got caught pirating software by CLIPPY.

      --
      http://jesus.everdense.com/
  65. Here's your definition by Anonymous Coward · · Score: 0

    Copying things I like (music, movies, software) is legal.

    Copying things I don't like (anything that I decide upon on the fly, as is convenient) is illegal.

    1. Re:Here's your definition by Un+pobre+guey · · Score: 1
      I don't copy music, movies, software. I buy it. Sorry to pop your pompous bubble. Actually, I'm not sorry.

      You obviously fail to see the general issue. You only see this specific, narrow one. Good thing you're not a judge. I hope.

      Wait!! You must be a patent examiner!!

  66. Is this news or hearsay? by Awptimus+Prime · · Score: 1


    Who's the vendor? Until that is shown, this is not news, but just 'someone said this...' speak.

  67. Most people are missing the point by Anonymous Coward · · Score: 0

    The problem with this software is not that it informs the 'publisher' of copyright violation.

    The problem is that information from the user's computer is given to a third party - the 'administrator'. This is a potential violation of privacy. That said, I'm not sure if IP address, username, PC name, and MAC address count as 'personal information' to be protected.

  68. what? by SHEENmaster · · Score: 0

    No X11R4 integration :)

    It might be fun to pipe that output to an automailer, replacing OpenServer with Linux.

    --
    You can't judge a book by the way it wears its hair.
  69. easy... by Anonymous Coward · · Score: 1, Funny

    just write a simple proxy that goes in between this program and the main site. change it from:

    Version: 2.45 build 34
    License Key: h4x0rr3d by PHR3d! ph33r phr3d!
    IP Address: 66.35.250.150
    Ethernet address: 23:e6:38:af:80:bd

    to:

    Version: HAPPY MONKEY!
    License Key: SEE THE HAPPY MONKEY!
    IP Address: LOVE THE HAPPY MONKEY!
    Ethernet address: BE THE HAPPY MONKEY!

    It's your network, you can send whatever data out of it that you like!

  70. Re:Yes. by hackwrench · · Score: 1

    Kucinich's article on Lessig's blog about Airplane searches
    Kucinich on Copyright
    Quote: "As a father, I don't believe our government has any business locking up kids for sharing files on the Internet."

  71. A great way to discourage such... by Satan's+Librarian · · Score: 3, Insightful

    Call the company. Say you found the user and pirated software, and appreciate their notice. Tell them the software has been deleted and the user has been reprimanded. Tell them you have banned said software company wide because your company does not use pirated software - or spyware.

  72. Re:The right? No. But does it matter? by Sancho · · Score: 1

    LoJack is a bad example. It's installed by the person who bought the car, intentionally, to make sure that they aren't deprived of the use of their car. No one is deprived of anything when you copy software illegally.

  73. let's just have gov't issued WAPs & WNICs... by nahemah · · Score: 0



    ...that way, everyone can see everyone else's information.. honestly, folks.. it's getting to the point where trust is becoming an issue for most software distributors.

    I don't have a problem with software being disabled for users who are installing/using a pirated application/utility.. I DO have a problem with servers collecting information that they have no business collecting.

    Also, after having proxomitron running on my laptop for months, found out that it logs and transmits to Microsoft every time I play a DVD... I honestly thing this has been going on for quite some time, and it should really NOT be all that surprising.

    People get paid to write this kind of software.. isn't there someone out there who has time to write something that will filter all requests not originating from a user's command? I'm a little too lazy to do it and would rather have something to bitch about, but if someone else wants to take on that challenge.. go for it.. just don't port it to windows.. I'm almost inclined to think that built-in spyware can be expected there...

    Peace.

  74. I think this is silly by zurmikopa · · Score: 1

    I can't be the only one that has used a crack on software purchased legally in order to not have to have the stupid CD in the drive.

    To label me a criminal because of this is asinine.

    As such, looking for it being cracked in order to ascertain if I am a criminal is also asinine along with being against the whole "innocent until proven guilty" thing.

    1. Re:I think this is silly by rjstanford · · Score: 1
      I can't be the only one that has used a crack on software purchased legally in order to not have to have the stupid CD in the drive.

      To label me a criminal because of this is asinine.
      Agreed. However, accusing you of violating the (admittedly, possibly stupid) license agreements of the software, that you agreed to when you installed it, would be entirely correct and the company would be within their rights to do so.

      Indeed, if they found out that enough people were doing this, maybe they'd change their CD-presence policies?
      --
      You're special forces then? That's great! I just love your olympics!
  75. a few thoughts... by lavorgeous · · Score: 1

    I think that if, as the original post says, it only phones home when it thinks it's been truly cracked (ie tampered with) that's OK.

    I have concerns if:

    1. It phones home periodically on legit installations too: if I have a legally licensed copy, then the software co. really has no right to collect data (even if its inadvertent) about how often I'm using their software, what kind of computer I use, etc...

    2. It phones home if the software is untampered with but "suspects" that I've used a serial # twice, etc. Why? Because, and maybe this is on the slippery slope, the world needs some form of wiggle-room built-in -- while its technically a violation to install the same package on my home desktop and my home laptop at the same time, in my case its a fact that that package will _never_ be used on both at once -- the software co isn't losing anything. I think we do justice far more damage by not overlooking this. To me this is the same case as with too much surveillance and tracking -- we all commit minor indiscretions sometimes.

  76. This was done before 11 years ago by statusbar · · Score: 1

    If I remember correctly, it was Aldus PageMaker for NeXTStep. Someone I know had a pirated version of it - After he installed it on his NeXT cube, he saw his on-demand-dial-up internet slip connection start connecting. He shut off his external modem and poked around and found that it had set up a cron job to email home about the violation. So deleting the current email from the mail queue would not be sufficient. If he didn't have a dial up connection he never would have noticed.

    The only issue with this scheme is when the software screws up and THINKS it is pirated when it is not.

    The solution? Use free software.

    --jeff++

    --
    ipv6 is my vpn
  77. Illegal is Illegal but.... by Anonymous Coward · · Score: 0

    At what point do corporations have more authority to snoop into our private lives then the government. Compare this to the fifth amendment, the government can't do this sort of thing because it would be, UNCONSTITUTIONAL! Why is it ok to allow a corporation greater authority to invade privacy then the government. People pull your head out of the RIAA. The government should be the ultimate authority in this country NOT CORPORATIONS and their LOBBYISTS.

    It doesn't make it ok to do "because you shouldn't be doing so and so in the first place". Remember, two wrongs, do not make it RIGHT!

    You know what, I am beginning to think the American Civil Liberties Union ain't such bad people after all! Perhaps, eternal vigilance in the style of the ACLU, is the only way to stay truly free.

  78. Not stealing. by Anonymous Coward · · Score: 0

    Infringment of copyright laws is NOT stealing.
    Look it up.

  79. MS by Anonymous Coward · · Score: 0

    MS has a database for doing just this. They routinely use it to track not individual copying but whole scale copying. At least for now.
    They have had it for more than 5 years that I know of. So why are ppl complaining now?

  80. Ha ha ha ha..... by dmayle · · Score: 1
    Do you feel software publishers should have the right to peer into users data, if their software suspects foul play on the machine, or should it do the easy and intelligent thing and just stop working?

    He... he he... ha ha... <Breaks out onto the floor in hysterical fits of laughter> No, no, this is Slashdot, you see...

    Seriously, though, I've often installed cracks on software I own, just because I don't feel like dealing with the hastle (need to have the CD for no reason, etc.). I use a laptop without a built in CD drive, which means that a large amount of software would be completely unusable to me when I'm away from my home, and that's just simply unacceptable. I'm not just talking about games here, either...

    1. Re:Ha ha ha ha..... by Anonymous Coward · · Score: 0

      I'm away from my home, and that's just simply unacceptable. I'm not just talking about games here, either...

      uh.... then what? Porn?

  81. If you were not doing anything wrong... by bot · · Score: 1

    and running legal software, you wouldn't have anything to worry about, right :-) ?

  82. Violation of AUP Though? by Heem · · Score: 1

    Ok, all the other comments have well covered the debate of is it stealing, is it not, etc etc.

    But, does this violate your AUP? I don't know many isp's who say you can't run pirated software on your systems. So, since the AUP is not violated, basically this company is spamming the abuse channels.

    --
    Don't Tread on Me
    1. Re:Violation of AUP Though? by easter1916 · · Score: 1

      For Christ's sake, it's spelled "rhythm".

  83. Just like a 'Good' Worm by Hamfist · · Score: 1

    A Worm is a Worm.
    Spyware is Spyware.

    There are more ethical alternatives.

  84. "if their software suspects"? by Anonymous Coward · · Score: 0

    Do you feel software publishers should have the right to peer into users data, if their software suspects foul play on the machine

    Just where does a piece of software get off having suspicions? If there are suspicions, they'd better be coming from a human who I can sue for defamation when they prove to be baseless.

    I don't run red lights, but if I was summonsed because of a traffic camera, I'd demand the right to confront my accuser: the camera.

    The insertion of code on my system to verify that I'm legal is electronic trespass by deception and I'd sue, even (and especially) when my software is legal.

  85. Where There's a will, There's a way by polyp2000 · · Score: 0

    I havent bought a piece of software for at least 3 years!
    Most of the things I need are out there as open source.

    Thing is... if this sort of thing becomes more common, it just means that the Crackers are going to have to get a bit more cunning and bypass the code which "phone's" home. Its futile really!

    some of us have music to help us through the dark times :)

    --
    Electronic Music Made Using Linux http://soundcloud.com/polyp
  86. it's done for a reason by Anonymous Coward · · Score: 0

    I doubt that this alone means that 'non-infringers' are getting spied on. My guess is that the idea is to make branches in the code that are not associated with the rest of the registration logic.

    It is easy to find branches that lead to an error screen saying "this software will now stop because we have detected it is pirated" as well as the branches that lead to those branches. That is why some people can crack complicated software in under an hour.

    So then you make an independant pirate check algo that has no immediate effect at all... but X days later it messages home so that the can send you a scarry email.

    That would make sense, and it is about all you really can do to secure your software nowdays.

  87. Closed Software. by 13Echo · · Score: 1

    I really feel that these companies that have to deal with piracy. It's not fair to them, though a large amount of users seem to not have a problem with stealing programs. However, I feel that this is also a good reason to use free (as in speech) software that is less likely to have spyware included. The code is clearly visable to all. While it's not possible to have a free (as in beer) alternative program to the most typically pirated Windows apps, one can still limit this by using those legitimately free programs that are available...

    I've got a friend that makes jokes at me about using Linux, but the majority of his software is all pirated, aside from the occasional game that he purchases. Which is a better choice? I don't advocate software piracy, and that's one reason that I choose Linux. Of course, Darl McBride might argue that some of us are using illegitimate software after all. ;)

  88. Some possible problems... by SmackCrackandPot · · Score: 3, Insightful

    There's always the danger that a disgruntled employee could plant a cracked version of the software on a company computer.

    And what about shared laptops. Somebody loads on some software while attending a conference and then hands the machine back.

    Some floating software licensing schemes work on using IP addresses, MAC addresses, monitoring the real-time clock to make sure dates don't change. What if one of these circuits fails (stray cosmic rays, power surge), does that automatically make the user a criminal?

    Sure, software companies have the right to protect their software, but I don't think they have the right to allow their applications to automatically generate crime reports. W It would be more for the application to request new short-term licenses and deny access than do anything destructive. If an application can detect that it has been cracked then it should just refuse to work.

    1. Re:Some possible problems... by Sigma+7 · · Score: 1
      There's always the danger that a disgruntled employee could plant a cracked version of the software on a company computer.


      That is where logging systems come into play.

      When you install any form of logging software, the date and time of the installation is recorded. Get the information of the person logged in at the time, and you instantly identify the disgruntled employee.

      From here, state that the employee was not acting with legitimate authority of the company, and is solely responsible for the pirated software. If the BSA desides to continue to sue your company, ask your lawyer to either dismiss the case, or redirect it to the employee.

      A properly prepared company should have no problem defending against accusations of piracy, especially if the employee is a disgruntled saboteur.
  89. Re:The right? No. But does it matter? by Anonymous Coward · · Score: 0

    No one is deprived of anything when you copy software illegally.

    Hey, whatever helps you sleep at night.

  90. I'm sort of for it by pigscanfly.ca · · Score: 1

    I am an independt contractor . Some program I write I try and sell comercialization stile . Piracy simply destroyees my ability to sell these programs . Now most of my software that I sell only phones home and does checks during auto updates . If they really dont want it to phone home then they can disable the auto update feature (and admitedly get no more updates because I dont offer manual updating) . Now if you agreed to this in the AUP or license or EULA or whatever then its your choice.

    1. Re:I'm sort of for it by Anonymous Coward · · Score: 0

      How are your math skills?

      Here is an easy one, you can use a calculator if you need to:
      1 wrong + 1 wrong =?????

  91. THEN DON'T PIRATE SOFTWARE STUPID! by Anonymous Coward · · Score: 1, Insightful

    I use some pirated programs myself, but the attitude I take is if you're willing to pirate software, you should be willing to take any risks associated with using it. If you don't want the risks, then don't pirate software! It's really simple!

    It's called the "principle of clean hands". Don't go complaining about someone doing something wrong if you're in the midst of doing something wrong yourself! It's like a pot smoker trying to sue a drug dealer for selling him oregano instead of pot... no court will be sympathetic to him.

    A few years ago, I ran a serial cracker that installed a virus and wiped out my entire hard drive. I was pissed, but I was pissed at myself. If you use pirated software, the way I see it, if they phone home, I have no qualms with it.

    If you pay for the software or if they distribute it for free and it phones home, then I look at this as a violation of my privacy.

  92. stealing or not by Anonymous Coward · · Score: 0

    Stealing the original software or not, the software IS stealing information from the corporation in question. You may think it's just a username, but it's half the key to logging into that account. I'm speaking with regards to security.

    This company should be very careful. This falls under the Patriot Act and employees could end up in prison for a very long time.

    "Computer Crime: The PATRIOT act (section 309) includes "fraud, theft, or extortion related to computers" as terrorist acts. This overly broad definition risks classifying a wide class of acts as potentially subject to life imprisonment, according to the terms of section 309."

    People just don't get it lately. They don't understand you CAN and WILL go to prison even for the simplest hacking endevour. And yes it goes both ways with regard to this case...

    Guess what! They(software owners) will be classified as terrorists and as such will only have the rights of a "prisoner of war". Yes, we are at war by definition of Congress.

  93. I agree by luckyguesser · · Score: 1

    I agree. When does the commercial world have more rights than the gov't that does, in fact, govern them, too? On the other hand, I don't think it's illegal for a program to send information back to the software publisher (at least I know it isn't if the user specified upon install that it was OK to do so, etc.). So, in that regard, the software publisher could take the same position that someone might when using a 'citizen's arrest'-like policy. In conclusion, I think that: 1. It is invasion of privacy if, in fact, the software is legal AND the user specified that info. should NOT be sent. 2. Gathering information that was not explicitly proposed by the software publisher beforehand is deception. 3. In agreement with a previous post, the public *does* need some wiggle-room. Personal use of a copy of software on more than one personal computer should be allowed.

    --


    The power of Christ compiles you.
    A Random Blog
  94. It's Spyware by HangingChad · · Score: 1
    And pathetic at that. The up front method is have it disable itself after x amount of time. The only justification for building an app that operates that way is to build case files and start suing people. Perhaps legal, depending on how the EULA is written, but definitely sleazebag.

    Is there any point to low for corporate America to stoop these days? We're going to have to amend the old saying that you can never underestimate the general public to you can never underestimate corporate America. Between RIAA, the MPAA, Microsoft, SCO, Enron, WorldCom, DirecTV, Disney and a raft of others I'm starting to wonder where the bottom of the corporate conduct barrel really lies.

    Just seems like every time we hit a low point someone comes along to dig a little deeper.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:It's Spyware by HangingChad · · Score: 1
      I didn't read where it was stated it was an "American" corperation.

      And I didn't read where it wasn't. With the parade of pathetic lately it just seemed a logical choice.

      You have a totally different agenda "Gore was robbed"

      Actually I think the American people were robbed, Gore was incidental.

      grow up and fuck off.

      Hey, that's pretty tough talk from a gutless, anonymous little pussy like yourself. Sounds like your sack finally dropped and you're feeling frisky with those new hormones. Now you can look forward to your voice changing and getting your first pubes. Your mom will be so proud. Be sure an show her when they start to grow in.

      --
      That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  95. Word legend is a legend by John+Murdoch · · Score: 1

    Hi!

    I used Microsoft Word 1.0 for the Mac, Word 1.0 for DOS, and Word for Windows 1.0 (which was released after Word 3.0 for DOS). I certainly have never heard of any such "feature", and I have installed updates on Word for Windows 1.0. I think this is probably a legend, rather than fact.

    John Murdoch

    1. Re:Word legend is a legend by Satan's+Librarian · · Score: 1

      Ever modify the executeable? Just using it wouldn't cause the problem..

  96. Stick or Carrot Marketing by lowqwashus · · Score: 1

    Wow, talk about your target marketing. Calling the network admin to bitch about unlicensed software "detected" on the premesis doesn't sound like a way to win happy customers. But you have to admit it's a way better opening line than most sales calls you get these days. Damn the customers, Jim, we're fighting software piracy here!

  97. Re:why not? ; you are a dumass. by TyrranzzX · · Score: 0

    Actually, I have cracked most of the games I own so they don't use the cd because I prefer for the cd to last a few years instead of letting the drive and switching it around slowly chop the cd up. There's your legitamate use if you needed one. It isn't illegal, it just violates and invalidates the eula, so sure I am stealing. They started it by taking away my ability to learn from their work and by charging exuberant prices.

    Am I a thief as you are accusing me of? Sure, are you a complete dumass? Yes.

    Not to mention people hate monopolies over anything that makes it so expensive to buy that most people can't afford it. If wallmart moves into your town, kills the competition, issues slapsuites and the like against startup companies looking to compete with them, and then quadruples their prices for everything, and you, a hardworking american now has to buy most of their food, clothing, etc from wallmart, is it really wrong to steal from them? At the end of the day do you let your kids starve and go clothless? No, you do what it takes to survive.

    Stealing [i]is[/i] a crime; [i]stealing away our ability feed and cloth ourselves or have the conviences we are slaves to is a crime within itself[/i] and when you realize that you'll probably be disguisted with what you just said. Whatever happens after that is vigalanteism under the guise of civil disobedience.

    If you don't like something and the state is too corrupt to take care of it, and I can't emphasise this enough
    [i] you_have_to_take_care_of_it_yourself[/i].

    If the coal mining company is illegally ripping up or polluting your farmland and the goverment does nothing about it, buy a boat repair kit and coat the engine of the construction equipment with fiberglass in the middle of the night so they'll never run again. Plant spikes in the ground and road to pop the tires of the workers and the machines doing the working. Make it so expensive that they can't do it. There are towns in the country where they throw up gigantic inter-city powerlines and where the people, who don't like their farmland being ripped up or polluted by them, will tear them right back down. They'll get up, but they won't stay up!

    If an OS company establishes a monopoly by stealing, killing, cheating, and just downright dirty play so much so that most of the software produced is for it, the best way to fight back is to pirate that software or to use something else. Microsoft already has enough money and political influence as is, they don't need anymore, and most of the people in the world can't afford it to begin with. $199 for winxp? $399 for office? I'm not paying that, and I'm consider it highway robbery that when I go out and buy a new dell machine it doesn't come witha CD and then something like blaster comes along and kills the install, so I'v got to go out and shell out some more money. I'm pissed that there's no competition to speak of accept for linux, which isn't ready for the vast majority of users. As soon as there's a viable alternative, you'd better believe MS's software prices are going to plummet to compeditive prices and their stock is going to go down.

  98. Absolutely. by ThyTurkeyIsDone · · Score: 1

    Do you feel software publishers should have the right to peer into users data, if their software suspects foul play on the machine [...]?

    Yes, absolutely. This will only serve to differentiate Free Software from monopolyware, or separate the wheat from the chaff, if you will. Choose vendor lock-in, planned obsolescence, security by obscurity, spyware, draconian EULAs, and harassment by the BSA - or choose freedom. It's up to you.

  99. One word by Anonymous Coward · · Score: 0

    use free software.

    ps: actualy it 3 words

  100. I know one company that does this, by Anonymous Coward · · Score: 0

    I work for an abuse dept for a major ISP, I have seen these before. VisualWare (http://www.visualware.com/) is one comapany that does this. I have seen the DMCA violation letters myself.

  101. It's not a crime, it's an infraction! by difster · · Score: 1

    Using unlicensed software is not stealing simply because you have not deprived anyone of using their property. It is an infraction (a civil violation) but that's a different issue. IANAL

    Let's stop calling it STEALING.

    Speeding is the perfect analogy for this. Speeding is not a crime unless you go over a certain limit. Likewise, using unlicensed software is not a crime unless you go to far (selling fake copies for example).

    If using unlicensed software was a crime, Microsoft would have had a lot of people in jail by now.

    --
    Liberty is not granted to me as a privilege, it is my due.
  102. Blizzard's Starcraft: A Precedent? by Cordath · · Score: 1

    When Starcraft was first released Blizzard used a similar approach to gather information directly from the registries of computers used to log into suspect accounts. Thanks to a few well-timed privacy lawsuits Blizzard stopped this practice in a very short period of time.

    Of course, with all the wonderful new laws passed in the U.S. since then, this sort of thing may be possible to defend in court. A more important question is whether or not this sort of thing *should* be allowed.

    No method of crack-detection is incapable of producing false-positives. A little bit of corruption in a seldom-used module of an executable could easily cause it to fail a parity check. A user could have his private information sent out over the web and receive harassing emails because of a corrupt disc sector or two! Personally, I feel this sort of thing is no different than a convinience store owner following you home and breaking into your house to check for stolen merchandise just because you looked a tad suspicious when you were in their store. This is simply not acceptable even if such false-positives are a one-in-a-million occurence.

    Personally, I refuse to use any software which will compromise a user's privacy for any unavoidable reason. The chances of being a false-positive are remote, but why put up with them if you don't have to?

    P.S. With american countries taking people from other countries to court, it would be nice if things worked both ways. I'd like to see some privacy lawsuits levelled against american companies in countries where draconian anti-privacy laws have yet to be passed. Is this even possible?

  103. it's happened to me by Anonymous Coward · · Score: 0

    i've used a piece of software from a resonably small unmentioned vendor.. that when i tried to 'extend the trial evaluation' it did phone home... and record my mac address... and disable itself!

    that was nasty, i reinstalled my OS because i wanted to buy this software. i installed this app again, entered in the trial keys and when i had a net connection again, it disabled itself.. again!!!

    which is fair enough... if the price is right.

    with software monopolies running rampant and the price of popular software often doubles the price of a high end PC... what can one do? i definatley can't afford to spend $8000 on a computer when i'm struggling to save $2000 for one!

    time to use unix maybe?

  104. You are the one at fault in this thread by Anonymous Coward · · Score: 0

    You have not explained your position to anyone's satisfaction. You have only said that you think pirating software/music/movies and collection of personal data ought to be illegal. Then you turn around and start wavering on that position with a lot of handwaving and vague references to informality, etc.

    What is your position? Do you have one?

    1. Re:You are the one at fault in this thread by Un+pobre+guey · · Score: 1
      I said:

      Note that in this particular case there might be a consensus that nothing wrong was done. Nevertheless, as a generalized, surreptitious, and informal practice, the potential for abuse is enormous. To my mind, this demands formal definition and regulation.

      Then I made remarks to the effect that I don't have the habit of pirating music, software, books, etc. I don't see any inconsistency or wavering. Let me state the two main points clearly:

      • Stealing other people's intellectual property is and ought to be illegal.
      • Transmitting data from a computer to a third party without the knowledge and consent of the user ought to be illegal. I don't know if it is, but other posters in this thread claim that it is.
      That the transmission has to do with antipiracy measures is not relevant. In the general case, theft is and ought to be illegal.
    2. Re:You are the one at fault in this thread by Anonymous Coward · · Score: 0

      So in point 2 would you say that putting LoJack on a car ought to be illegal?

      If the car is stolen (software pirated, as analogy) should it not have the ability to tell its owner that it has been stolen and ideally who has stolen it?

      You may begin backtracking and handwaving now.

    3. Re:You are the one at fault in this thread by aaza · · Score: 1
      So in point 2 would you say that putting LoJack on a car ought to be illegal?

      If the car is stolen (software pirated, as analogy) should it not have the ability to tell its owner that it has been stolen and ideally who has stolen it?

      You may begin backtracking and handwaving now.

      If I install a LoJack on my car, that's my business. If someone else installs a LoJack on my car (so they can track me, or whatever), that is a different issue.

      In the first case, I choose to have the information available to whoever it is that collects it (I am not in the USA, and am not sure who collects the info).
      In the second case, someone else is getting information that I don't necessarily want being distributed.

      As for your comment on point 2:
      If you can pirate my car (and leave me with the original), I don't care where you take it (but then, I didn't write it - this is why arguing by analogy is stupid). If you steal my car, I will probably want to know where it is.

      Also, you should probably read what you are replying to:
      ...without the knowledge and consent of the user...
      If you install it, it is with both your knowledge and your consent. Now, if you did it to someone else's car, (without their consent) it isn't.

      Consider the handwaving complete.

      --
      In theory there is no difference between theory and practice.
      In practice, however, there is.
    4. Re:You are the one at fault in this thread by Anonymous Coward · · Score: 0

      If someone else installs a LoJack on my car (so they can track me, or whatever), that is a different issue.

      You do not own any software you do not hold the copyrights to. ...And we're done.

  105. Profitablity (WAS:Just buy the Damned Software.) by Lead+Butthead · · Score: 1

    > The intelligent thing may have been for the software to stop working. However, you can get cracks for that. I'm sure software publishers are getting tired of all the cracks.

    Except that would deprive the companies the opportunity to pursue you for "loss revenue" (or generate additional revenue, depending on how you look at it.)

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  106. One word: Firewall by Anonymous Coward · · Score: 0

    I hate spywares of any kind. That's why I install firewalls like zonealarm. It's great because of any apps that attempts to contact to outside, it will notify you and if you don't know what that app does, just click no. Problem solved.

  107. Plenty of countermeasures: try LittleSnitch by Anonymous Coward · · Score: 0

    LittleSnitch solves this very problem.

    It monitors and controls an individual application's access to network resources: in essense, you can write "firewall" rules for individual applications, applying to each one a different measure of trust.

    A lot of people below were bemoaning the ipfw-based solutions, since they don't work... which is true :)

    LittleSnitch is a Mac OS X application, but, I'm positive GNU/Linux and Windows applications exist to do the same thing.

  108. Where is the crime in spyware? by mec · · Score: 4, Interesting

    So the (alleged) spyware sends copies of certain information about your computer back to the company that produced the software.

    The user still has all the information they started with. No one has been deprived of any information. All that has happened is that an additional copy of this information has been created and distributed.

    In order to object to this, you have to admit that some information does have owners, and also that it is wrong to copy information without the consent of the owner.

    Then, this being slashdot, you have to do a little song and dance, like this: "when other people create music and software and movies, and I make a copy of their stuff, it's fine. But when someone else makes a copy of information from me without my consent, that's wrong!"

    Your information wants to be free; my information wants to be private. See?

    My own beliefs are the same as Linus Torvalds: "He who writes the code chooses the license". If you don't like spyware, don't friggin run it. I don't.

    1. Re:Where is the crime in spyware? by El · · Score: 1

      He who writes the code chooses the license, Agreed, as long as the license tells me up front that it's going to spy on me. Any bets that this software doesn't?

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    2. Re:Where is the crime in spyware? by Anonymous Coward · · Score: 0

      The progblem may not be running or not running it, but knowing wheather it is spyware or not. If I know something is spyware, I do not run it. Unfornately companies do not state in big bold letter -- hey this software will sent out information about you blah, blah blah....

    3. Re:Where is the crime in spyware? by grue23 · · Score: 1

      Say you're a company that offers some kind of computer related service - maybe you produce CGI and have a big render farm. You may consider the type and number of computers you use to be trade secrets, because you have figured out an optimal configuration that gives you a great return on investment.

      Do you want stray software on your computers reporting back to the vendor without you being aware of it the number of computers in your farm, specific information about the hardware in the system, and so on? If you are running a big distributed application, do you want your network cycles being eaten by your software pinging home?

      There are some types of information that companies want to keep private in order to remain competitive, and if a piece of software on their system copies that information and sends it outside of the company without their consent then that is extremely bad.

      In the current economy, information is a commodity. It has value, and copies of it should only come free if the producer of the information consents to it being made free.

      I won't even get into how a defense contractor should react to software that might try to send information like that from inside a classified environment...

    4. Re:Where is the crime in spyware? by boojum.cat · · Score: 5, Insightful
      Your information wants to be free; my information wants to be private. See?

      Oh, come on. That's ridiculous. There's a distinction between public information and private information. Published programs, even if they're copyrighted, are published. They're not private, like the user's MAC address and personal grooming habits.

      I'm not trying to justify running pirated programs, I just think you need to make a better argument.

      If you don't like spyware, don't friggin run it.
      Now, that's a better argument.

      --
      Lost: one sig, witty, 120 chars, sentimental value. Reward offered.
    5. Re:Where is the crime in spyware? by jdhutchins · · Score: 1

      If it's just making a copy, would you care to copy your financial records, jucy personal mails, and other information that we'd like to see, onto Slashdot? I don't think so.

      Copying music and copying personal information are similar, but different. First of all, anyone can get a copy of the music, and the person selling the music doesn't care who buys it. But I sure as heck bet that you don't want anyone reading your personal info. And I wouldn't trust ANY corporation to keep it private.

    6. Re:Where is the crime in spyware? by Anonymous Coward · · Score: 0

      Information is owned by the people that collect it. If I find out your real name, your wife's name, your children's names, your home phone number, your social security number, your wife's social security number, where your children go to school, where your wife works, where you work, your medical history, how big your penis is, any operations you or your family might've had, or anything else, provided that I acquired the information through legal means, I can post it on the internet.

      You don't have to know that I've collected information about you for it to be legal, and I don't have to tell you that I took out an ad in a series of small town newspapers in the midwest that had all that information in it.

    7. Re:Where is the crime in spyware? by Anonymous+CowWord · · Score: 1

      When musicians and artists create music, they expect copies to be out (legitimate or otherwise is another debate).
      Information entered by users such as their name, company name, etc. is NOT expected to be copied. You cannot blindly equate copying of data. They are two very different kinds of data. By your logic, posting someone's initials on a site, and posting, say their photograph, address and SIN# are the same thing since they are "copying", and the 'someone' hasn't lost anything.

      --


      Disclaimer: My opinions are my own and do not, in any way, reflect the opinions of my employer or university.
    8. Re:Where is the crime in spyware? by Anonymous Coward · · Score: 0
      I won't even get into how a defense contractor should react to software that might try to send information like that from inside a classified environment...

      Thank goodness, because we all know that no classified environment is permitted to be connected to a network that would enable such transmission, rendering any complaint the contractor might have irrelevant.

    9. Re:Where is the crime in spyware? by mec · · Score: 1

      My point is that privacy restrictions are copying restrictions.

      I support both privacy restrictions and copying restrictions. But I am pointing out, to people who value privacy (as I do), that the only action that happens in a privacy violation is that some bits are copied from one place to another. And I am also pointing out, to people who believe that it's okay to make copies of all the bits that hysically can be copied (as I do NOT), that means the Scott McNealy model of privacy ("You have no privacy. Get over it.")

      So if you want privacy (as I do), then you have to endorse restrictions on what other people can do with bits that are accessible to them.

      Copying music and copying personal information are similar, but different.

      Sure, I agree with that. They are similar in that they are both instances of bit-copying. They are different in what types of bit-copying they are. Different people can have different (consistent) paradigms for what kinds of bit-copying they view as right and wrong.

      But I'm suspicious and hostile to people whose decision procedure works out to "my bits are wrong for other people to copy, but other people's bits are fine for me to copy".

      Also I'm antipathic to the argument that, if a seller is willing to sell a CD for $20 to anybody who wants to buy, that it is also okay for other people to make copies without buying it. That would destroy the GPL, among other things.

      To answer my own question: I believe that spyware is the agent of a crime if the software copies information (phones home) without the informed consent of the person who owns the information. What constitutes "informed consent"? To me, clicking on a EULA or clicking on an a "Register" screen are informed consent.

    10. Re:Where is the crime in spyware? by kubrick · · Score: 1

      But if they don't see a problem with copying my information, why should I see a problem with copying theirs? Moral and legal issues aside, of course...

      (I also subscribe to the beliefs in your last para, but I can see the appeal in reactive copyright abuse if software vendors break the compact first.)

      --
      deus does not exist but if he does
    11. Re:Where is the crime in spyware? by Anonymous Coward · · Score: 0

      Yes, but I still want to know if/when they're doing it.

      Even though I generally refuse to use unlicensed products/infringe upon copyrights, that doesn't mean I allow spyware on my computer knowingly.

      Yes, I probably would use something else, or, if I'd already paid for it, forceably disable the "phone home" feature. It's MY computer and don't you forget it.

    12. Re:Where is the crime in spyware? by Anonymous Coward · · Score: 0
      Oh, come on. That's ridiculous. There's a distinction between public information and private information. Published programs, even if they're copyrighted, are published. They're not private, like the user's MAC address and personal grooming habits.

      OK, OK, but willya _please_ flick that booger off your left cheek.

      Not _that_ left cheek, you idiot.

    13. Re:Where is the crime in spyware? by PrImED73 · · Score: 0

      Just a question really, would spyware constitute being illegal in the UK under the data protection act or computer misuse act?

      --
      --Mods giveth, Mods taketh away--
    14. Re:Where is the crime in spyware? by Anonymous Coward · · Score: 0

      If you don't like spyware, don't friggin run it.

      Correction: If it is KNOWN spyware, don't friggin run it.

      Is not the accepted defination of 'spyware' to mean the program does something, like calling home, WITHOUT the user's knowledge or consent?

    15. Re:Where is the crime in spyware? by grue23 · · Score: 1

      Classified environments often have unclassified terminals with Internet connections, and sometimes information gets onto them that shouldn't be on them.

    16. Re:Where is the crime in spyware? by BattleTroll · · Score: 1

      '"Then, this being slashdot, you have to do a little song and dance, like this: "when other people create music and software and movies, and I make a copy of their stuff, it's fine. But when someone else makes a copy of information from me without my consent, that's wrong!"'

      Oh man, pointing out our hypocrisy is a sure way straight to hell! This is so spot on - well said! Oh wait, the "victim" in question is not a huge corporation, so of course it's wrong for the big, mean, corporation to copy their information. Had the "victim" been some corporate entity, say Microsoft, who here would of raised a stink?

      Despite what people may think, big business is not inherently evil, malign, or out to get you. They're in business to make money. They will fight to preserve their right to make money, that includes free-loaders that don't want to pay their bills.

    17. Re:Where is the crime in spyware? by kdsolutions · · Score: 1
      So the (alleged) spyware sends copies of certain information about your computer back to the company that produced the software.

      The user still has all the information they started with. No one has been deprived of any information. All that has happened is that an additional copy of this information has been created and distributed.


      Ok, and when I download a pirated copy of MS Office XP (yes, I'm a windoze uzer, and no, i don't have any pirated software, so back off!) I did the same thing. Microsoft
      still has all the information they started with. No one has been deprived of any information. All that has happened is that an additional copy of this information has been created and distributed
      to me!

      If your example proves true, so would mine.

      I mean, for christ sake, they have the opprotunity to license the software/information to users and would-be pirates - what if a user has prepared a license file stating that any and all information on or about his computer could not be viewed by any third party without prior consent (that not being given by the user agreeing to the software company's license) and they "spy" the information anyway because they never saw the license? Well? The license is still there! I know damned well that nobody reads every word (if any) of most software licenses, therefore they likely never see them, beyond the first paragraph or so - or in the case of software that includes a license.txt file IN THE INSTALLATION ARCHIVE and gives no way to view it until AFTER INSTALLATION! Surely, my presenting such a license for the information on and about my PC would stand up in court if I were to sue some company for "spying" such data, just as such license would protect thier software.

      Not sure where this will cut me off, so I'll add more in a reply.
      --
      Error 666 - Satanic SCO code found in your Linux kernel.
    18. Re:Where is the crime in spyware? by kdsolutions · · Score: 1

      Simply adding to my post. If you're truly concerned about a company using spyware in a software product you use, simply draft a license file for all information on and about your PC, network, and all related hardware, and e-mail it to them upor the installation of the software in question, stating the reasons for the license and the fact that they WILL be bound to it. Let them know that if they don't agree to be bound by the terms of the license, they may either give you a full refund for the software in question and you will return it to them, or give them the option to provide you with a patch, if such information gathering techniques are used by the software, that will disable this "feature". If they don't explicitly agree to the terms and/or don't provide either the refund or the patch, you may have a suit against them. In any case, given the fact that they recieved such a license from you, if they DO recieve any information about your PC without your prior consent, you DO have a suit against them. Software companies make more money yearly from piracy suits that from software sales (don't quote me on that, as I'm loosely quoting another post on this topic and am not sure how reliable the poster was), why not get in on a potential piracy suit of your own; the piracy of the information on and about your PC!?

      --
      Error 666 - Satanic SCO code found in your Linux kernel.
    19. Re: Where is the crime in spyware? by mec · · Score: 1

      I agree with you. On the level of physical acts: pirating MS Office XP is copying bits, just as "phoning home" is copying bits.

      The interesting question is what moral judgements we make on the acts. I believe: people do own bits that they create; people can license those bits to other people on mutually agreeable terms; and this makes both piracy and privacy violations wrong, so they should be both be illegal.

      In the case of a "license.txt in the INSTALLATION ARCHIVE", I agree that's wrong. When you licensed the software you made a deal with the licensor. The licensor doesn't get to come back later and ask for more, just like the guy at the Farmer's Market doesn't get to follow me homw and say "those are really good peaches, I changed my mind and am going to charge you more for them." A deal is a deal.

    20. Re: Where is the crime in spyware? by kdsolutions · · Score: 1

      and I was afraid I'd get labeled a troll with my first post. great to see some like-minded individuals out there...

      --
      Error 666 - Satanic SCO code found in your Linux kernel.
  109. Easy and intelligent? by Anonymous Coward · · Score: 0

    Do you feel software publishers should have the right to peer into users data, if their software suspects foul play on the machine, or should it do the easy and intelligent thing and just stop working?

    No, they should do the hard and dumb thing. Whatever that might be ...

    Take it easy on the advocation.

  110. some more by ramzak2k · · Score: 2, Interesting

    Here are two more i have noticed that do the exact same thing :
    1. Admuncher http://www.admuncher.com/
    2. Evidence Eliminator http://www.evidence-eliminator.com/

    I found a quick (& better)replacement for Admuncher in the new google toolbar (http://toolbar.google.com/) to get rid of popups.

    Evidence eliminator is crap, dont need a replacement.

    In either of these cases they take you to a page showing your IP address with what they think is a scary message. If you do use a cracked version make sure your windows installation does not carry your Original Name / Location and that your IP address is dynamic.

    --

    Siggy Say, Siggy Do
    1. Re:some more by Mister+Transistor · · Score: 1

      You don't need spyware to do that. A buddy of mine wrote a stupid HTML page that gets and displays your external IP address. All the crap that Evidence Eliminator's page shows you is stuff you can see _without_ spyware. Go to www.grc.com, Gibson Research, for a good firewall test page that includes your IP info, or just do a Google search for "external IP" and try the 1st page or two it comes up with.

      Spyware transmits information that cannot be readily extracted by browser responses, otherwise browsers would be considered "spyware" too!

      --
      -- You are in a maze of little, twisty passages, all different... --
  111. Who is the end recipient? by immel · · Score: 1

    What exactly does the software company do with all this information? If they just recieve the data and do nothing with it then it's kinda pointless. Is there some sort of massive repository of information about these users with cracked (or possibly uncracked) files? If so, how are these companies protecting this information to keep bad hackers from getting to it or spammers from buying it? Who is the end recipient of all these IP addresses, MAC addresses, etc.?

    --

    10 Bits= $.25
    100 Bits= $.50
    110 Bits= $.75
    1000 Bits= 1 byte
    1. Re:Who is the end recipient? by Anonymous Coward · · Score: 0

      The original message implies that the data is sent to an ISP.

  112. It's about knowledge by mcrbids · · Score: 1

    As a software vendor myself, some software sold on a subscription basis "phones home". It's done very openly, through a "synch" where the users enter their login/password, which is then authenticated via an encrypted protocol to a central server which updates their license for another 30 days.

    If the synch doesn't fly, neither does the software. Very simple, and there's nothing for anybody to complain about "unknown information". With this, the idea of "stealing" the software is pretty meaningless, and anybody who objects doesn't have to log on.

    This synch, BTW, is a good way for us to backup their data (which they REALLY like) and update their software. (which they also REALLY like)

    So, it's not about "phoning home" it's about not telling anybody about it.

    --
    I have no problem with your religion until you decide it's reason to deprive others of the truth.
  113. Stealing is Stealing by EmagGeek · · Score: 1

    Plain and simple. It's wrong to steal things from people.

    Lojack "phones home" when your car is stolen, what's wrong with that? Absolutely nothing, because everyone wants to see a car thief get caught.

    Why shouldn't someone's software phone home when it is stolen? How is a software thief any different than a car thief?

    If I spent a couple of years of my life writing a piece of software, you can bet your ass it'll phone home whenever it's installed, uninstalled, started, and every hour while it's running...

  114. Is this legal? by dogfart · · Score: 1
    You are a bank, subject to some strict standards as to your system's security, and who may access systems when. Or you are subject to HIPAA.

    Would it be illegal for the software to "phone home" in these cases?

    Could the software vendor be subject toprosecution for unauthorized access to federally protected systems?

    --

    "dope will get you through times of no money better than money will get you through times of no dope"

  115. Plenty voices of reason by Andy+Smith · · Score: 1

    Glad to see the majority of comments expressing support for the actions of this software developer. I want to add my own voice to the crowd before the pro-piracy mob start shouting louder.

    Two on-the-surface legitimate arguments have been raised but they don't stand up to scrutiny...

    Legal owners of the software are being spied on too.

    From the story: "their product is phoning home when it discovers it is running a cracked copy of itself"

    It's an invasion of privacy because it can steal credit card numbers, bank details, etc.

    From the story: "the users IP, a timestamp, the product in question, the users PC name, username, and MAC address"

    So the bottom line is that there's no apparent risk to legitimate users, no theft of extraneous data, and no harm done. Hopefully a few software thieves get caught and some hard-working developers get the money they're entitled to.

    Good Thing.

  116. Adobe, maybe? by onyxruby · · Score: 1

    I have seen Adobe do something suspicous this ways. I have seen computers where I installed Windows and Office under one name and Adobe stuff under another. Digging through the registry later I found the Windows / Office name attached to an adobe registration key within the registry.

    This was NOT the name used when installing the Adobe products. Obviously Adobe is surreptisously spying and gaining certain information about you regardless of what you tell it. Whether it sends this information back to adobe or not is something another person will have to tell. This in essence is spying on you, the question is what does it do about it?

    1. Re:Adobe, maybe? by Anonymous Coward · · Score: 0

      Maybe it is Adobe.
      One warning about Adobe products says this (not from Adobe):

      After installation, go to folder
      C:\Program Files\Common Files\Adobe\Web
      and then compress or rename any and all of the following files
      that you may find.

      AdobeOnlineInventory
      Adoberegistrationeng.html
      Adoberegistrationenu.html
      Adoberegistrationfra.h tml
      AdobeWeb.dll
      AOM

      (Check to insure you found all instances by searching (CTRL-F)
      your drive with the following targets:
      AdobeOn*.* Adobere*.* AdobeWe*.* AOM)

      You can now open your apps while your connection is ON.

      Those naughty modules send your registration number and product
      information to "Adobe's girls," so beware!! But, note that the
      price for privacy is that some applicatioon features are
      disabled, e.g., Help, Tutorials, Upadates, etc.

  117. Right... by Gudlyf · · Score: 1

    Once someone catches on that a piece of software is sending such information to its publisher, it won't be long before someone's spoofing that information and sending it to the publisher, getting innocent people in trouble.

    --
    Trolls lurk everywhere. Mod them down.
  118. AUP Complaint by Anonymous Coward · · Score: 0

    AUP!!! Camping faggot! You teh ghey!!!!111

  119. Novell checks for copies of itself by ch-chuck · · Score: 1

    A long time ago in a galaxy not far from here, Novell servers would send out broadcasts looking for identical serial numbers and would complain if it found itself. That was before widespread connectivity so it couldn't report back to hq - I can't ever remember if it stopped working or not. Some people didn't like the extra network traffic being used to 'spy' on itself.

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
    1. Re:Novell checks for copies of itself by FreeLinux · · Score: 1

      No it didn't stop working. The netware servers with the same licenses would broadcast a warning message about the license violation to every workstation on the network every 60 seconds. This basically made it impossible for people to work and the administrator would quickly shutdown one of the offending servers.

      I saw this a few times when companies with multiple offices established WAN connections. As soon as the WAN connection came up, the servers saw each other and started screaming. Usually, the companies would then buy a new server license and update the illegal server, problem solved. But, a few unscupulous admins would filter the SAP traffic at the routers, which prevented the servers from seeing each others license number, and continue with the illegal server/servers.

  120. Over a decade? Don't worry! by Anonymous Coward · · Score: 0

    Software has been making surreptitious checks for "piracy" for over a decade, yet these checks are usually limited to the software itself, and not data on the user's machine.



    If it has been checking for over a decade, and you are not still in jail, then don't worry, they wont get you now.

  121. If you are dumb enough to click 'OK'... by andrewski · · Score: 1

    You deserve what you get. Doubly so if you are pirating software. You aren't forced to use the program, you choose to. You also choose to pirate it. If you are busted because of choices you have made, tough shit.

    Maybe open source software will look better in the face of fines, jail time, et al. especially if you can't afford the payware.

  122. RE: software as punisher? by King_TJ · · Score: 1

    In all things security-related, the more security you add, the more convenience and usability you take away.

    Look at your own home, for instance. You can improve security against a break-in all sorts of ways. Add bars to your windows? (Effective, but probably makes your windows more of a pain to clean and makes your home unsightly.) Add a security alarm? (Ok, but now you always have to deal with entering that annoying code as soon as you go inside, and remember to arm it before you leave -- and you've got false alarms to deal with too.)

    So it is with software. Add copy-protection schemes? End-users have problems making legal backups. Add dongles? Possible incompatibility problems and support headaches. Phone home reporting suspected pirates? Possible lawsuit when you find out your software made a mistake. Possibility of tripping internal firewalls or anti-virus/anti-spyware software and angering system administrators.

    Piracy is a fact of life. Not everyone who desires to run a program is willing (or able) to pay for it. Making your product as user-friendly as possible (and least intrusive) will ensure satisfaction among the percentage of people who really are your customer.

  123. Slashdot ... by Anonymous Coward · · Score: 0

    Morons that think they know-all but actually they don't know fuck-all.

    Wanting everything for nothing, wanting everything instantly.

    That's why this economy is FUCKED.

  124. Getright by beaverbrother · · Score: 1

    Getright communicates with the company's servers to insure that the copy isnt pirited. When you connect to the internet, it checks the key and if it is pirated, disables the key. It also disables you from entering a key for another 24 hours.

    1. Re:Getright by Anonymous Coward · · Score: 0

      Not the version I'm running. >:-)

  125. Devastation Game does this I think... by Anonymous Coward · · Score: 0

    Not that I would know...but the Devastation game does this.

  126. Thoughts. by Anonymous Coward · · Score: 1, Interesting

    If I was a home user, I'd be using a firewall. Oops, trying to phone home, are we? (Quake3 Voice) DENIED (/Quake3 Voice).

    If I were in a corporate environment, I'd tell the creators of the software that I'd be more than happy to help them out in their search for pirated software. I'd also let them know that we'd be terminating our contract with them immediately, as, if they're sending out that information, who knows what else they might be sending back to themselves? I'd also inform them to expect a letter from the legal department due to the fact that they may be snatching private corporate information from our boxxen.

  127. moron using patentdead eyecon0meter to report.. by Anonymous Coward · · Score: 0

    on corepirate nazis/stock markup felons/the walking dead, va lairIE's whoreabull PostBlock(tm) devise, etc...

    whatever works...

    that's right, after the walking dead finish exterminating themselves, & sadly enough, some of us, it won't take long to clean this cesspool of greed/fear execrable up.

    we're calling it the planet/population rescue program (formerly unknown as the oil for babies initiatve).

    the Godless wons are helping by continuing to show where their hearts lie.

    what's wrong with folks selling their kode? if it causes convenience, & interoperates with all the other kode on the planet, we say, no harm, no foul, so long as you fail to employ gangsterious/felonious practices to asphyxiate the 'competition'. sabotaging your free version of anything is a tad dastardly. if there's value added, without FUDging up the compatability, we'll pay. same with music. no more gouging dough though.

    fortunately, mr stallman et AL, etcetera, is now offering comparable/superior software, to the payper liesense spy/bug wear feechurned models, in almost every circumstance. there'll be few, if any more softwar billyonerrors, as if there's a need for even won. tell 'em robbIE. you are won of the last wons whois soul DOWt, right? .asp for va lairIE's whoreabull pateNTdead PostBlock(tm) devise?, used against the truth/to protect robbIE's payper liesense stock markup bosses/corepirate nazi 'sponsors'. yuk.

    back on task.

    what might happen to US if unprecedented evile/the felonious georgewellian southern baptist freemason fuddite rain of error, fails to be intervened on?

    you already know that too. stop pretending. it doesn't help/makes things worse.

    they could burn up the the main processor. that would be the rapidly heating planet/population, in case you're still pretending not to notice.

    of course, having to badtoll va lairIE's whoreabully infactdead, pateNTdead PostBlock(tm) devise, robbIE's ego, the walking dead, etc..., doesn't slow us down a bit.

    that's right. those foulcurrs best get ready to see the light. the WANing daze of the phonIE greed/fear/ego based, thieving/murdering payper liesense hostage taking stock markup FraUD georgewellian fuddite execrable are #ed. talk about a wormIE cesspool of deception? eradicating yOUR domestic corepirate nazi terrorist/gangsters will be the new national pastime.

    communications will improve, using whatever power sources are available.

    you gnu/software folks are to be commended. we'd be nearly doomed by now (instead, we're opening yet another isp service) without y'all. the check's in the mail again.

    meanwhile... for those yet to see the light.

    don't come crying to us when there's only won channel/os left.

    nothing has changed since the last phonIE ?pr? ?firm? generated 'news' brIEf. lots of good folks/innocents are being killed/mutilated daily by the walking dead. if anything the situations are continuing to deteriorate. you already know that.

    the posterboys for grand larcenIE/deception would include any & all of the walking dead who peddle phonIE stock markup payper to millions of hardworking conservative folks, & then, after stealing/spending/disappearing the real dough, pretend that nothing ever happened. sound familiar robbIE? these fauxking corepirate nazi larcens, want us to pretend along with them, whilst they continue to squander yOUR "investmeNTs", on their soul DOWt craving for excess/ego gratification. yuk

    no matter their ceaseless efforts to block the truth from you, the tasks (planet/population rescue) will be completed.

    the lights are coming up now.

    you can pretend all you want. our advise is to be as far away from the walking dead contingent as possible, when the big flash occurs. you wouldn't want to get any of that evile on you.

    as to the free unlimited energy plan, as the lights come up, more&more folks will stop being misled into sucking up more&more of the infa

    1. Re:moron using patentdead eyecon0meter to report.. by Anonymous Coward · · Score: 0

      ow

      i want my 5 minutes back. and an aspirin.

    2. Re:moron using patentdead eyecon0meter to report.. by RevSmiley · · Score: 1

      WTF are you talkimg about. I get the feeling if you show up at my door I should just shoot you to be safe.

      --
      As you can see I don't care about my karma.
  128. Can't it be blocked? by El · · Score: 1

    Just to eliminate the legal liability, can't you figure out what ports this is using to "phone home" and block those at the firewall? Can somebody please do a network trace on this and publish the info?

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  129. Simplest solution by Attaturk · · Score: 1

    For companies: Insist on using open source software. If you can't use open source, build it internally. If you can't build it internally, hire people. If you can't do any of that, then expect to have concerns about security unanswered for the foreseeable.

    For end users: Use open source software. If you can't use OSS for everything then make sure you have a good firewall of some kind (everyone in Windowsland seems to be using ZoneAlarm Pro from what I hear). The most important thing however is simply to read everything and assume nothing.

    For everyone: get a good firewall. Keep an eye on your traffic.

    If someone's scanning your stuff and poking their nose around you'll see it and know about it. Be sure to tell your friends how disreputable the software provider in question is and post an embittered rant about it on /.

    Can't we all just get along?

  130. Too easy for a false 'pirate' by YrWrstNtmr · · Score: 4, Interesting

    Say you're a small shop. You have need of 3 copies of s/w package X.
    You go down to BigBox store, and buy 3 copies of X.
    Back at the office, you use one CD to load all the machines. Leave the other 2 in the shrinkwrapped boxes, on the shelf. Perfectly normal...happens all the time.

    The running s/w sees 2 other copies of the same s/n on the LAN, and phones home. PIRATE! PIRATE!

    You're 'legal'. You have paid your fees for the 3 copies. But Company X, due to their incorrect reporting and intrusive networking, thinks you are in violation. They send the BSA after you, with all the attendant fees.

    At this point, you're guilty until you can prove your innocence.

    Absolute BS, I say.

    1. Re:Too easy for a false 'pirate' by Wp8gFSiO · · Score: 1

      You're 'legal'. You have paid your fees for the 3 copies. But Company X, due to their incorrect reporting and intrusive networking, thinks you are in violation. They send the BSA after you, with all the attendant fees

      ...and innocent people get pulled over and questioned all the time because they or their car match the description of a wanted vehicle/person. No law enforcement is 100% infallible. In your scenario it takes 2 seconds to retrieve all of your legit copies and/or the receipt...and they go away. No one but thieves has anything to fear from this technology, assuming that the software implenting this type of technology only transmits data relating to their software. Transmitting any other data beyond the scope of determining if your copy is legit is where the moral line must be drawn.

    2. Re:Too easy for a false 'pirate' by Anonymous Coward · · Score: 0

      >At this point, you're guilty until you can prove
      >your innocence.

      That is one way to look at it. Another way would be to consider active litigation. Sue them, take them to the cleaners, and retire. After all, that's their plan for you!

    3. Re:Too easy for a false 'pirate' by Anonymous Coward · · Score: 0

      100% correct. In my office, we just keep track of the numer of copies we have, not which copy is on which machine. Hell, for our office it would be damn near impossible to keep track of which is which, especially since we deal with remote locations.

    4. Re:Too easy for a false 'pirate' by fmaxwell · · Score: 1

      ...and innocent people get pulled over and questioned all the time because they or their car match the description of a wanted vehicle/person. No law enforcement is 100% infallible.

      Key phrase: "law enforcement"

      Software companies are not, despite what the BSA would have us believe, part of the law enforcement community. They have no right to search your computer for data. They have no right to use your bandwidth to surreptitiously transmit private information about you.

      And ISPs are not part of the judicial branch of government. Yet if a software publisher alleges to your ISP that you have a pirated copy of their software, the ISP may decide to shut off your connection to minimize their own legal exposure.

      Thus you would have been subjected to a warrantless search by an entity without police powers and punished without a trial by an a firm that is not part of the judiciary. And this seems "right" to you?

    5. Re:Too easy for a false 'pirate' by Anonymous Coward · · Score: 0

      Typically we buy 20-25 copies of the expensive software packages and enforce licensing with keyserver / keyauditor software (sassafras.com). Programs we don't have site licenses for are keyed by the 3rd party software and won't operate off the LAN. This is done by a lot of schools so that everyone on campus can have access to programs without violating the EULA. It would seem like keying the software could generate false positives if vendors are actively searching for pirated software, but we've never had any problem.

  131. Aaarrr, Matey! by Mordant · · Score: 1

    Yon 'software' (whatever such may be) can report us all it likes, but nothin' short o' a stout heart an' a 30-pounder broadside will ever stop my crew o' rascals from flyin' the Black Flag as we ply the Spanish Main!

  132. Apostrophe? by Anonymous Coward · · Score: 0

    Watch out where the huskies go,
    And don't you eat that yellow snow

  133. Fair game if they're up front about it by DaveJay · · Score: 1

    If the EULA states that the software reports back to the publisher, then it seems like a reasonable practice -- provided they give refunds to people who don't agree with the EULA and return the product.

    On the other hand, if they don't fess up to the reporting, or if they refuse to offer refunds to people who don't accept the snooping as a provision of use, then I don't find that to be ethical.

    After all, you can put a lock on your door, and a sign that says "trespassers will be shot" -- this way, criminals can go burgle somewhere less risky, and legitimate visitors can decide if knocking on the door to say hello is worth the risk.

    Or you could just leave the door unlocked, shoot anyone who walks through it that you don't like the looks of, and claim they were trespassing.

  134. Obvious solution by El · · Score: 1

    Use IP Masq or NAT, install all your software as owned by "Bill Gates, Microsoft", and use randomly assigned software MAC Addresses. Then, when you get that message, just say "Who, me?"

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  135. Resonable doesn't apply here. It is your computer. by northwind · · Score: 1

    Ultimately you own your own computer and with an inexpensive linux firewall in front of the poor Windoze machines you have full controll over what goes on.
    Paranoid - not at all. Realistic - yes. Today an incredible amount of information is gathered because it is worth money, and your privacy is worth invading. It is naive to think that you won't have to pay to protect it. The companies doing this are not alone, they are just the ones you now know of. Wake up.
    There are only pedators and prey. What do you want to be?

  136. "Oh come on," indeed... by X_Bones · · Score: 3, Insightful

    um, what? you might have a point if the software in question searched the user's hard disk for these pieces of information, but it's not. According to the post, the information sent from the program to a remote server is:

    "the users IP, a timestamp, the product in question, the users PC name, username, and MAC address."

    Every single piece of information transferred is accessible through the use of other, perfectly legitimate pieces of software, unlike medical records (which require a plausible reason to access); it should be clear that this program is not 'rifling through anyone's belongings.' And the mentioning of burning down the house is completely absurd; nobody is considering giving this data to law enforcement agencies or blowing up the user's computer if it's running pirated software (to relate your analogy to the situation being discussed). Please take your slippery slope arguments elsewhere.

    1. Re:"Oh come on," indeed... by Anonymous Coward · · Score: 0

      You're an idiot. Slippery-slope arguements are what /. is all about. And the original poster is right that there is software out there that is malicious in this way. That may not be what the original articles author witnessed with his own eyes, but it does happen and has been posted about before on /. (and I've seen such in action).

  137. Going a little overboard, aren't we? by Veldcath · · Score: 1

    According to the original poster, this program did this:

    192.168.0.1
    2003-08-21 19:16:01
    My Super-Cool Program v2.1
    W2K-WRKSTN-05
    Guy B. Smith
    1f:37:9b:00:a0:32:e2:82

    I fail to see how this equates to breaking into someone's house and taking their credit cards, SSN, silverwear, kitchen sink and then commit arson?

    It might not be ethical or right or legal, what the program is doing. That's not something I can answer as I'm not a lawyer or ethicist. To make it equivelant, your book would get up and phone you to tell you the name and street address of the person who copied it, what time it was copied and on what copy machine.

    Let's compare apples to oranges, shall we? Instead of comparing Apples and AH-64 Apaches? How did this one get "Insightful" in the first place?

    --


    ... "I read part of it all the way through." -- Movie Mogul Sam Goldwyn (and some slashdot readers)
  138. Re:The right? No. But does it matter? by Anonymous Coward · · Score: 0

    the problem is you can't replicate your car. That and you aren't getting the SSN#, medical information, ethnicity, sex and all other personal information of the person who steals your car. All you are doing is getting the location of your car.

    That and stealing a car is a crime. Using unlicensed software is not stealing. It is a civil thing.

    The thing that would really bother me is if A) It is not in the EULA or other document like that and B) It sends back false positives. There is nothing worse than having to prove your innocence due to ignorance of the accuser. That should be a crime in itself imho.

  139. Piracy-SpyWare by TheSimkin · · Score: 1

    Well, the question is. Does it start Spying when it is not pirated? How does it determine it is pirated? And does it warn the user that it is pirated? I think it would be fair if on startup it says something like "This program does not appear to be licensed. If you continue It will contact vendor XYZ so you can arrange payment, or resolve the problem if this message is in error". (Or something like that). If it just doesn't in behind without saying a thing then it could be spying when the software is legally purchased. This would pose a huge problem!

  140. Same as going into a store by sparkie · · Score: 1

    And robbing it.

    Only there you see a notice that the store is protected by CCTV (closed circuit tv). I would venture to say that as long as the company admits they put it in their software it's ok. Like bulletproof ftp. It tells you straight up that it logged your IP and sent it to the publisher.

  141. I wish my car could phone home by Anonymous Coward · · Score: 0

    The car alarms that us a cellular network are so expensive!

    As you say, stealing is stealing, whether it's your car or your software, either way you lose money. With the amount of software stealing going on, some people lose fleets of cars in a metaphorical sense.

    The law is there and people break it when they think it's wrong, then cry when they get caught.

    "No officer I'm certain I have the right to kill an idiot of a neighbor."

    You have to have boundaries. There is so much free software people deserve to get their details sent to the police etc. if there is suspesion if they modify proprietory applications. If the software was not good, then THIS WHOLE SAGA WOULD NOT BE AN ISSUE.

  142. Sounds like you need a better cracker! by Anonymous Coward · · Score: 1, Interesting

    Personally, when I crack software to remove limitations, nags, or enable hidden functionality for proper evaluation purposes, I always have faith in my firewall to detect these sorts of 'protections'. If it reports that the software is trying to phone home, then I deny it that ability for the current session. After that, I fire up my port monitor, re-load the software and log what's going on. It's usually a simple matter to prevent the execution the offending code, and in the end I've produced another quality crack.

    My motto has always been: if a cracker is good enough to unlock the software without a serial number (or otherwise), then they should be good enough to circumvent the code that phones home.

  143. No right to use my resources to check up on me.. by msimm · · Score: 1

    Thats the thing, aside from all the sleasy EULA stuff that goes along with this stuff.

    I understand why a developer would *want* to use it, but that doesn't actually justify it unless they want to reimburse me for the cost of owning and maintaining my computer, with the understanding that (god forbid) should anything go *wrong* while their software is running they might possibly be sued for damages and data loss if I can make the case that their software may have somehow been involved.

    Then I have no problem with it.

    --
    Quack, quack.
  144. closed source by OeLeWaPpErKe · · Score: 1

    read the term.

    the long version is :
    we-dont-want-you-to-know-what-our-software-is-d oin g-to-your-system-software

  145. All Pirates are bad by Anonymous Coward · · Score: 0

    Whether they jump you at sea and take all you have or steal software which may have taken years for your company to write, all pirate scum are bad and deserve to be punished appropriately.

    If there isn't a similar program available in Open Source, go write one yourself. Don't steal.

  146. It doesn't matter if your copy is legit or not. by Lord+Kano · · Score: 1

    At the heart of the matter when some script kiddie gets busted for distributing a worm/virus a part of the outrage is that he appropriated the control (partial, temporary or otherwise) of someone else's computer without their permission.

    Couldn't we go after software publishers who do this sort of thing on the same grounds?

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    1. Re:It doesn't matter if your copy is legit or not. by DaCool42 · · Score: 1

      Agreed. Certainly we would go after someone who sells a program that is actually a trojan that sends all your information for identity theft purposes.

      --

      ----
      All of whose base are belong to the what-now?
  147. Re:The right? No. But does it matter? by morgajel · · Score: 1

    Doesn't the guy who purchased the car usually ASK to have lojack installed?

    Bad Example. Toyota doesn't install LoJack in all of the cars they have "Just in case" one is stolen.

    that's not the way it works.

    --
    Looking for Book Reviews? Check out Literary Escapism.
  148. Does it warn you up front? by Tsu+Dho+Nimh · · Score: 1
    If the software installation process or the documentation makes it clear that it is using a "phone home" mechanism and explains what it collects and uses, you could choose to not use the software.

    If the first the purchaser knows of this "feature" is a nasty gram from the vendor ... that is out of line.

  149. The big problem. by cwsulliv · · Score: 1

    The big problem of course is when the spyware screws up and makes a false report, resulting in the ISP taking some action against the user, which could be cause for a lawsuit.

    Some years ago I knew a highly ethical woman who wouldn't even think of running copied software on her PC, which was not 100% IBM compatible. She was absolutely livid with rage when a game program she purchased popped up a big banner saying in effect "YOU ARE A PIRATE". (She bad-mouthed that game program to her acquaintances for weeks afterward.)

    Most Windows firewall software, like Zone Alarm, requires specific permission from the user before allowing any program to connect to the Internet (and MD5 checksums programs thus allowed). It would appear that only naive "pirates" would be caught by this type of spyware unless the spyware managed to somehow subvert the firewall (or the spyware publisher managed to buy off the firewall publisher).

    1. Re:The big problem. by fishbowl · · Score: 1

      >"YOU ARE A PIRATE".

      That wasn't one of the Monkey Island titles was it? Maybe it meant the other kind of pirate?

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:The big problem. by cwsulliv · · Score: 1

      I don't remember what game it was. The banner did not use those words but as I recall her rant, it had very insultingly accused her of being a low-life person of some sort.

  150. We've wanted to do this, too... by Tex+Bravado · · Score: 2, Interesting

    At the software company I work for, we have in the past had suggestions to employ similar phone-home schemes. Sometimes it's in the context of catching cheaters; more often it's a way to find what parts of the software do people most use. That kind of data can be priceless; the user often isn't really concious of what he uses, and only remembers the best and worst parts.

    We have always refrained. (But once at another job, a developer surreptitiously added a system call to email to himself a message everytime his library was used; QA caught it, and he had his hand spanked.)

  151. If the EULA discloses the 'phone home' feature ... by AngusSF · · Score: 1
    IMHO it should be fine.

    If you install software that tells you it's going to phone home to verify its licensing, you get what you pay for.

    Of course, if the software installation proc. doesn't disclose this, then IMHO it is spyware.

    YMMV, of course. ....

    --
    "A gun is a tool, Marian. No better, no worse than any other tool. An axe, a shovel, or anything." Shane (1953)
  152. Yes. by msimm · · Score: 1

    And it almost always is. Sneaky is sneaky however it obfuscated. Its a sleaze ball parlor trick, I hope EULA's are successfully challenged and we can get back honest business. Its like because software is so 'new' we think all the regular rules of good (honest) business somehow go out the window.

    --
    Quack, quack.
  153. Where's the fun? by daemon_underscore · · Score: 0

    What's all the fun in the product just not working? If the company does that, then they have no exscuse to collect information and possibly make money off of pirated copies of their software by selling this information to other people.

  154. More like on the box.. by msimm · · Score: 1

    Warning: Babysitter software included. May cause unexpected software instability. Will report all suspicious users. Thank you for your business.

    --
    Quack, quack.
  155. Re:expensive 900 number by Anonymous Coward · · Score: 0

    Mind you, if I wrote it, I wouldn't have it phone home, - I'd have it phone a (very) expensive 900 number (say, $50.00 a call) that I'd own, and you'd end up paying for your license when you got your next phone bill :-)

    It's hard to do with the folks who have broadband and no modem. Seems like it would mostly nail the budget croud who can't afford broadband. Keep your legal department on call. If a registered user has a hard drive fail and reinstalls it, you may have a legal challange for the toll calls.

  156. And what about 'stealing' my system resources? by msimm · · Score: 1

    Stealing isn't justification for running nannyware on my computer. That's invasive, intrusive, not to mention the possibility of poorly written nannyware causing memory leak and instability like existing adware.

    And FALSE-POSITIVES. This seems like another good place for responsible developer (business people) to draw the line, or get smacked with a lawsuit.

    EULA? Its less then a slip of paper and begging to be invalidated.

    --
    Quack, quack.
  157. Re:The right? No. But does it matter? by LordLucless · · Score: 1

    But unless I misunderstand things, private corporations don't go around installing LoJack onto peoples car without telling them.

    LoJack is opt-in.

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  158. firewalls by alizard · · Score: 1
    I'm using ZoneAlarm on Windows, an application-based firewall.

    If a utility I download or any app I buy which has no reason to connect to the Net asks permission for it to connect, I JUST SAY NO.

    If it has no access to the Net, there isn't a problem.

    The real problem with something like this is... if it's just telling companies "this package is stolen", that's one thing and the ethics can be argued. However, only an idiot would trust any company which would use this kind of copy-protection not to report other things of interest to the company with the spyware, and make no mistake about it, this kind of app is spyware no matter what the rationalization is.

    I've been looking for a Linux equivalent to ZoneAlarm, preferably one that allows blocking of specific ports as well as application-based filtering. IMHO, application-based filtering is an improvement on ipchains or iptables.

  159. It was StarCraft by ogre2112 · · Score: 1

    See link:

    http://www.cnn.com/TECH/computing/9805/04/privac y_ piracy/

  160. Don't people know? by Anonymous Coward · · Score: 0

    Don't people know that things like "firewalls" and "cracks" often prevent silly software (especially a lot of windows titles) from phoning home?

  161. Its not the same. by msimm · · Score: 2, Interesting

    Its not the same. When his spyware runs on my computer its using my resources, my electricity. If it causes problems (and it will) it causes them on my computer. Thats not even considering my privacy rights and concerns.

    My own beliefs are the same as Linus Torvalds: "He who writes the code chooses the license". If you don't like spyware, don't friggin run it. I don't.

    I don't think Linus was talking about either EULA's or spyware, so it's an irrelevant quote.

    You want to coerce me into running spyware? Don't bury it in a user agreement, come right out and make me click a radio button mentioning it directly, watch the popularity of the product drop and then decide if its worth it.

    It's simply dishonest. I don't care if its buried in some agreement, thats not good enough.

    --
    Quack, quack.
  162. Think phone--home-ware is nasty? Get this! by mbstone · · Score: 1

    Knowifi's Casino Marketing Event Manager (cMEM) allows you to track the movement of guests throughout your property. Give your convention or event guest a promotional item with an embedded WiFi tag and find out where they travel on your property and how long they stay in each venue (casino, food & beverage outlets, entertainment, etc.). Now you can have accurate information about whether your promotional events drive customers to the casino.

    Here's how the system works:
    Event attendee information is entered or uploaded from the convention system, event listing, registration system or entertainment system into the cMEM database. Attendee information can be anonymous.

    Event attendees are issued a promotional item (hat, key chain, comp, coupon, etc.) with an embedded WiFi tracking tag.

    Either standalone or as part of an existing WiFi network, access points are positioned cover key zones throughout the property (e.g. casino, buffet, hotel, entertainment, etc.).

    As guests move through the zones, the WiFi access points detect the guest and sends data about their movement to update the cMEM database.

    At the conclusion of the event, the event manager prints out reports that analyze the movement of the guests for that event throughout the property.

    Now property marketing managers can use actual data, instead of pro forma estimates, to determine whether their promotional events are driving casino traffic!

    1. Re:Think phone--home-ware is nasty? Get this! by Anonymous Coward · · Score: 0

      Who wants to go in on my new startup, leadbriefcases.com ?

      - DRFSR

    2. Re:Think phone--home-ware is nasty? Get this! by Satan's+Librarian · · Score: 1

      Neato - they do exist. That's gotta violate some privacy laws in most countries. I may be purchasing some more toys and a building a faraday cage into my backpack before the next Comdex though.

  163. It goes both ways... by gt25500 · · Score: 1

    I can see the software company's interest in stopping piracy but there is a little problem... How much does a copy of Photoshop cost? How about 3D Studio Max? Now tell me who can afford that? An adult, an established designer, etc, etc... How about people in college, high school and middle school? There is no way in hell they can afford that. Could you imagine having asked your parents to shell out 500+ bucks for a peice of software? Didn't think so... So what do the kids do, they pirate it. They learn the software, make some money and continue with that software. Once they are established they will purchase the software odds are. I know I will ^_^ What happens when the kids parent's get busted because he used pirated software and the company goes after the guardians? See? Without pirating no one will learn the software, no one will buy the software... We need piracy ;D

    --
    _________ Help me get a PSP!
    1. Re:It goes both ways... by fishbowl · · Score: 1

      Actaully, the titles you mentioned have quite reasonable academic pricing.

      I'm with you on the overpriced stuff, but, consider student pricing before you get carried away.

      check out studica or torcomp.

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:It goes both ways... by gt25500 · · Score: 1

      It is still expensive for some software... 3DSM, near 200 bucks for one year, or 500 for an unlimited license? Don't forget most college students already have to pay for tuition and books.
      My brother, he is 12 years old... For the past several months he has been playing with 3D Studio Max... And he has become very good with it. Good enough that I believe he may of found what he is interested in and will pursue it for years or more to come. He isn't even a highschool student. He can't get the special price. Oh, I could get the highschool price and let him use it but... that's illegal too I bet! I started playing with Photoshop at 11 years, same deal. Now I'm designing web sites and doing PHP... Sure it's mostly personal and the few jobs I've done the money has been put towards equipment to do projects on my own computer but you can bet once I make some real money I'll be licensing all my software. I won't lie, I'm a poor 17 year old. I do not have that kind of money to throw around.

      --
      _________ Help me get a PSP!
    3. Re:It goes both ways... by Anonymous Coward · · Score: 0

      >Oh, I could get the highschool price and let him
      >use it but... that's illegal too I bet!

      Neither of you can be held to the license agreement; you're minors :-)

  164. Entrapment? by Concerned+Onlooker · · Score: 1
    If the company merely wanted to restrict the use of unauthorized copies of its software it would cause the software to not work. In this case, however, it doesn't sound like the goal is getting people to stop illegally using the software but more like a revenue generating idea since they are waiting for the transgression to take place and then releasing the lawyers.

    Correct me if I'm wrong (heh, like I need to say that), but doesn't this seem like leaving something valuable sitting on a park bench and then hiding behind a tree to bust the first person that picks it up?

    It all seems a little disingenuous to me. The purported reason is to prevent piracy, but in fact I'm betting it's part of their business model.

    --
    http://www.rootstrikers.org/
  165. Word story is not a legend by Tangurena · · Score: 2, Interesting

    Look at the old issues of Wired. It was a reporter for the NY Times that was nailed by the drive reformat. M$ support said it was a cracked copy, reporter got story on the front page. M$ quickly appologized and removed the misfeature.

    1. Re:Word story is not a legend by Satan's+Librarian · · Score: 2, Informative
      Thanks! Bontchev's quote was slightly off, which was why I couldn't find it elsewhere. Found confirmation now on CERT and a number of other places looking for "The tree of evil bears bitter fruit", rather than "has bitter fruit".

      And, found more in depth info from Bontchev - seems he just misremembered later.

  166. On the other hand... by bpm140 · · Score: 1

    I must be misunderstanding the spirit of the original article, because I think that your anaolgy is off base. Yes, I'd be pissed if my car was reporting where I was at all the time.

    However, I would be more than happy if my car reported to the manufacture/insurance/police/whoever if it determined that someone had driven off without using the ignition key.

    To me, the $64,000 question is how the software determines that it has been pirated.

  167. it's not an anti-theft system... by the-build-chicken · · Score: 1

    it's a sales tool...if it was an anti-theft system, the software would just stop working (which a lot of ppl seem to be wondering about why this isn't the case)...it's an easy sale...'buy a liscence, or we come after you'. In fact, I wonder what would happen if you said, 'fair enough, you caught me, I'll just stop using the cracked copy and won't buy the thing'...I imagine they don't get that response often and they'll probably fall off their chairs.

  168. Any good cracker... by Anonymous Coward · · Score: 0

    would just alter (or remove) the offending code. It would be similar to the No-CD cracks, though probably more difficult to pull off.

  169. Cracking Software by Anonymous Coward · · Score: 0

    So, now, crackers require two levels of cracking. The first is to break the copy protection scheme. The second is to disable the attempt to phone home with the details. This will probably add a couple hours to the crack time. Now we know. And knowing is half the battle...

  170. Somewhat common by dtfinch · · Score: 1

    I've read posts by shareware authors who have their software alert them if it's been modified/cracked. Something even more common is simulating nasty bugs when the software has been cracked. One game introduced a memory leak when cracked so that it'll crash before you get too far into it. In some extreme cases they attempt to crash the system.

  171. Are they free to use your computer.. by msimm · · Score: 1

    Are they free to use your computer? Your resources? To potentially crash your system?

    Its simply not an open and shut case.

    --
    Quack, quack.
    1. Re:Are they free to use your computer.. by poptones · · Score: 1
      ALL software will "potentially crash your system." I've encountered tons of shit software that WILL crash a system, no "potential" to it. So by using ANY software - or a computer itself - you implicitly agree to that even IF (which is unlikely) there is no explicit agreement to this very possibility right in the EULA itself.

      Your resources? Again, ANY software running on ANY system is, by its very nature, using "resources."

      If you install and use a piece of software for which you cannot ascertain its pedigree, who's to blame for that? And who has the right to tell you you canot do exactly this if YOU choose?

  172. Hey Eurocrap... ready?? Here it comes...! by Anonymous Coward · · Score: 0

    God Damm Europe, ... with the highest tax rates in the world ... where salaries are lowest in the first world ... freedom of speech does not mean freedom to critizise the government ... where poor health care make you sick ... with the highest rate of unemployment in the first world ... the overcrowded continent of poverty ... and above all France where once they outlawed encryption ... and above all Great Britain where they demand access to your crypto in court ... and above all Germany where they have a section in their penal code that makes blasphemy illegal ... and above all Poland, they're a bunch of catholic thieves ... above all Spain and along with it the Basque terrorists ... and above all Portugal, only slightly poorer than Poland ... and above all Italy, and it's fascist leader Berlusconi ... and above all the little countries and territories I didn't mention because they don't amount to anything worthwhile.

  173. Re:Hey yanks -- ready to hear the truth? by Anonymous Coward · · Score: 0

    Brush your dirty teeth, you limey bastard! How many teeth fell out of your mouth durning the writing of your rant?!? And that accent gives you away, completely gay!

  174. Re:The right? No. But does it matter? by Anonymous Coward · · Score: 0

    Think about LoJack, the car anti-theft mechanism, that tracks the car. Isn't that effectively the same thing? That's perfectly legal.

    I think the difference here is that you install LoJack in your car. While this company is installing their LoJack equivelant in your software.

  175. Re:The right? No. But does it matter? by kardar · · Score: 1

    First thing, obviously, is when you install software on your machine you have a right to know what it is that you are installing and what that software program is going to do. The software company should also be required (legally) to disclose any such monitoring that is going on.

    Second thing, this is all very new. If organizations put secret spyware code in their applications so that they can bust you later, soon people will know that this is going on, and people will move to protect themselves from false positives, and potential crackers will perhaps be deterred from pirating software. This kind of stuff should be out in the open, and well known. Keeping this kind of stuff secret is besides the point. Traumatizing people is different from informing people the software phones home. If the software phones home, the manufacturer should be required to disclose that fact in big letters somewhere.

    Certainly, snooping out credit card numbers, or other software programs, or other confidential family photos and things like that would be way out of line, but if a software manufacturer wants to collect information to later sue people, that manufacturer should realize that sooner or later people are going to find out that this is what that manufacturer is doing. And this can be good, because it will act like a deterrent. So the whole "spy" concept is wrong. It should clearly state that information will be collected about computers running the program that are unauthorized and leave it at that.

    If the point is to spread FUD, then I think they are missing the point. So no, there's nothing wrong will collecting a reasonable amount of data, but there is something wrong about being sneaky and underhanded about it.

    There should be a disclosure, or even a screen on the intall wizard that lets you know that "This software phones home and it will report you if you are using an unofficial copy". That way, people won't even install it. Which is the whole point, right?

    The cost of having software do this, and the cost of monitoring and dealing with all this info drives up the price of the software, too. That's another thing to consider. If you can prevent someone from installing it in the first place, then the "spyware" has done its job.

    Focus on mitigation, not "A-ha! Gotcha! Betcha didn't know I've been spying on you all this time you snivveling infringer!"

    Monitoring users adds cost to the program, and not telling people that they are being monitored totally negates the deterrent effect of people realizing that they will be phoned in by the software if they install it.

  176. Re:The right? No. But does it matter? by sohp · · Score: 1

    No, LoJack is not the same thing. You actually own the physical car, and it's in your posession. You can transfer ownership, modify, hack, and otherwise make it your own.

  177. Is it an infraction but not a crime? by zedmelon · · Score: 1
    Infraction, crime, felony, misdemeanor, murder, loitering, rape, jaywalking.

    Okay. Argue this one all day, but there's one thing you're missing: No matter what you think you should or shouldn't be allowed to do, right or wrong, they're all illegal. Are less severe offenses any less against the law?

    "Speeding is not a crime unless you go over a certain limit."

    Well, yes, but unfortunately, until you exceed that limit, it's not CALLED speeding. No, speeding is NOT the perfect analogy for this. Last January, my girlfriend got "a little bit pregnant," and now I'm "kind of a dad." It doesn't work that way.

    Okay, we'll stop calling it "STEALING," if it'll make you feel better, but it's still "WRONG."

    "If using unlicensed software was a crime, Microsoft would have had a lot of people in jail by now."

    If Microsoft put as much money into tracking you down as they put into "What Would Bill Do?" advertising campaigns, there would be lots more people paying fines.

    --
    Mom says my .sig can beat up your .sig.
  178. Really great at mixing issues... by Kjella · · Score: 2, Insightful

    Your information wants to be free; my information wants to be private. See?

    You're mixing up private and public with commercial and free.

    Private means that noone else should have, the rest, free or commercial is public.

    Commerical means that you can have it - for a price, and free means just that, for free.

    When people say that information should be free, they mean that all public information should be free. If you make a speech at a meeting, or a concert performance, they claim that you should be able to do whatever the hell they want with the information you gave, including but not limited to recordings of it.

    That does not mean they have the right to read your personal diary to find out what you mean about the same issues, or record you singing in the shower. What you're looking at here is a program that is illegally* transmitting private information to others. (* they may have a CYA clause in the EULA)

    Copyright could be abolished, but there would still be private and public, and laws against invasion of privacy. Whether that would be a wise decision or not though, is another story...

    Kjella

    --
    Live today, because you never know what tomorrow brings
  179. One word... by Thaelon · · Score: 1

    1984

    (For those of you who aren't familiar with it, it's a book written by George Orwell, I suggest you read it.)

    --

    Question everything

  180. +5 FUNNY!!!! by Anonymous Coward · · Score: 0

    MOD PARENT UP FUNNY!

  181. You're out of context. by Ungrounded+Lightning · · Score: 1

    But, as someone who is innocent until proven guilty, what right do they have to {spy on, steal from, stalk} me?

    You misunderstand the "innocent until proven guilty" quote.

    That quote refers to the government not applying sanctions to a person who has not (yet) been convicted of a crime. As he goes through the legal process (assuming he ends up convicted) he may start out as a "subject" (of an investigation), and graduate to "suspect" (of a crime), then to "accused" (of the crime before the court), then to "convict" (-ed of the crime, i.e. "guilty"). It is only at this point where the government imposes sanctions as punishment - which is what the "innocent until proven guilty" line is about.

    But there is plenty that may (indeed, sometimes must must) be done at earlier stages. Like warrants for search, supported by probable cause. Or imprisionment to prevent escape or to insure identificication. Or intervention to stop a crime in progress. Or searches WITHOUT warrant when an officer has probable cause before him and the risk of flight is high.

    And of course a victim may act in self-defense to prevent a crime (such as assault, kidnapping, etc.)

    One thing a victim may do, should said victim believe him/herself to be imprisioned and possibly enslaved, is cry for help. And the cry for help is probable cause, allowing an officer to immediately intervene without waiting around for a warrant to be issued.

    Which is exactly what the program is doing, when it believes it is being run without proper licensing.

    = = = =

    Of course that's not to say that I'm happy with programs which "phone home" to say "User x is running me on machine y at ip address z and I don't see that he has permission to do so." If nothing else, sometimes programs goof on that subject. (And sometimes they might send that info even when they're running legally - in which case it IS spyware.) And because of this, along with the risk that they might send out other information that they shouldn't disclose, I would normally refuse to accept such software in my own shop, and would certainly disqualify a vendor who includes such functionality without disclosing it prior to purchase (unless there's no alternative available for a mission-critical job).

    But I do recognize that a program which runs but phones home if unlicensed is a much more effective tool for the vendor than one which refuses to run.

    For starters, a pirate with a won't-run program gets immediate feedback about when he has successfully bypassed its protection mechanism. But a phone-home program will provide evidence to charge him, and deliver it to the appropriate department at the vendor. (And it won't disrupt the operation of a shop if it really IS licensed but there's a bug - in the program, the install, or the license server.)

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:You're out of context. by WTFmonkey · · Score: 1

      Thank you. I always forget "details" like that for some reason (must have to do with the fact that my AP Gov't teacher back in high school was also my offensive line coach and I ditched that lecture). I (like many others) jump on legal phrases like "innocent until proven guilty" so fast that they become cliche. Call it a character flaw.

    2. Re:You're out of context. by Ungrounded+Lightning · · Score: 1

      Thank you. I always forget "details" like that for some reason (must have to do with the fact that my AP Gov't teacher back in high chool was also my offensive line coach and I ditched that lecture). I (like many others) jump on legal phrases like "innocent until proven guilty" so fast that they become cliche. Call it a character flaw.

      Given your response I'll call it a defective education foisted on you by a government with a vested interest in keeping you confused, rather than any character flaw on your part.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  182. Circumventing firewalls to report vital info by SlashCrunchPop · · Score: 1

    Does this software also report the color of the pirate's bandana? I have a suspicion that it reports everything and everyone except for the pirates who wear purple polka dot bandanas. And those who wear no underwear when overclocking.

  183. Might it be Adobe? by Anonymous Coward · · Score: 0

    Certainly this is something that would be right up their alley...
    This is one of the most obnoxious copy protection schemes since Adobe's "timebomb." Back in the mid 90's, if you installed an unregistered copy of one of their graphics programs (such as Pagemaker) for the Macintosh, a timer would start. After x days had passed your system would crash with the error message "You have failed to register this product." It turns out that you got a malicious executable file free with each copy... not a true virus as it could not reproduce itself, but with the same effect. Actually complying and registering the software was not an option at this point, since the pseudo-virus woud crash your box the moment you rebooted. The only fix was to boot with "extensions off" (i.e. Safe Mode) and then hunt down and remove the "bomb." Of course just uninstalling the app or deleting the whole "Pagemaker" directory by hand did not work... the bad file was hidden away in your system files...

    I'm not sure if Adobe made a PC version of this little gem. Later Mac versions lacked this "feature," presumably because of public outcry...

  184. Re:Depends on how you look at it I suppose. Not. by Anonymous Coward · · Score: 0

    This is *EXACTLY* like the spyware that checks your moves in the internet etc.

    If a guy climbs a ladder and peeps in your window, it doesn't matter if he's seeing your mom take a shower, watching her read the paper, or watching her dime up crack bags which he then reports to the cops - he is *WRONG* for peeping without permission, regardless of the actions of the "peekee". In this case, software companies are peeking without permission, and, not surprisingly, they're wrong.

  185. Nice rant by ThyTurkeyIsDone · · Score: 1

    Nice rant, and I agree completely. Now if only you hadn't closed it with a shameless plug for a proprietary piece of software... :p

  186. someone remove this ugly mole by August_zero · · Score: 1

    A popular theory of law, says somehting to the degree that laws are followed, when the risk and magnitude of punishment exceed what the law breaker is willing to tollerate (if some one can tell me what school of thought this is, I would be grateful, I slept through sociology class a lot)

    In order to stop a person from pirating your software, you have to do one of the following:
    1) Make it impossible to crack
    Unlikely, we all know this, end of argument
    2) Catch and prosecute all pirates
    About as viable as the first option, going to court is expensive.
    3) Make most of your users beleive that they will get caught and prosecuted if they pirate your software
    And this is what we have with the spy-ware. The average user, (slashdot readers on the whole being a little more informed than the masses) that just sat down to photo-shop a squirrel with large nuts into a FARK photoshop contest entry, and has a big window pop-up and tell them that they are in violation of the law and will burn in hell for pirating software is less likely to continue using it. Is it going to work all the time? No, but it will deter some potential pirates. but why spy on them? I can think of a lot of reasons, the first one that comes to mind is to track the distribution of the pirated copy. Do this enough, and you can begin to put a finger on the specific people that are distributing your software.

    Why not freeze it out?
    Simple, if the software froze all the time, it would be obvious very quickly to the "pirates" and they would get to work at cracking it again. The spy option makes it far less likely to be noticed, and instead may round up a few customers.

    Is this right? Personally I don't think any sort of spy-ware is justified at any time, so I would say not. But on the otherhand, stealing crap isn't right either so I have a hard time feeling too sorry for the people that have their privacy breached in this manner.

    --
    On Wall Street they say "buy low, sell high" On the pad we say, "buy high, sell high" Isn't that somehow better?
    1. Re:someone remove this ugly mole by DaCool42 · · Score: 1

      If the problem is people stealing software, then just do a better job of catching them sneaking out of future shop with a bunch of boxed cds.

      --

      ----
      All of whose base are belong to the what-now?
  187. It is theft in a way. by Chuck+Chunder · · Score: 2, Insightful
    I don't want to get into semantics with you, but here goes:
    Stealing involves the deprivation of someone's property, removing thier ability to benefit from it. (paraphrase)
    I think that pirating is theft in a way. The software itself isn't "stolen". What is stolen is the copyright owners "exclusive right" to do certain things. Whether anyone likes it or not that "exclusivity" is something they lawfully own and by making a copy you take that away from them.

    That's not to say that I necessarily agree with all IP related laws. I think the reason for copyright given in the US constitution (to promote the progress of science and useful arts) is a reasonable one but the protections given should be a minimum to achieve the desired effect of promoting invention.

    In the long term I see that there could be great danger in steering an economy to a place where it relies too much on artificial scarcity. It could well turn out to be a house of cards.
    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  188. Not so by Moooo+Cow · · Score: 1

    In the circumstances of the case described here, copying software is CLEARLY a crime under the US code (there will be the opportunity for civil damages also, but saying that it generally isn't a crime is misinformation).

    Copyright infringement is a criminal offense if it is A) done willfully, and B) done for commercial advantage. (US Code 17:5:506).
    - Done willfilly? If the system administrator received correspondence that states who, when, what IP address, and what program is being used illegally, then chooses to do nothing about it, you can hardly plead ignorance here.
    - For commercial advantage? Yes - this isn't you sitting in your basement listening to a couple of MP3s; the article specifically states that this is taking place at work.

    --
    Slashdot is entertaining like pro wrestling is entertaining
  189. Another good reason to use Open Source Software! by Anonymous Coward · · Score: 0

    Nuff said

  190. Software piracy BENEFITS software makers.. by dougnaka · · Score: 1
    at least to some degree. If you COULDN'T pirate photoshop or M$ office how many people would using it?
    I know of several companies that are pirating M$ Office and when faced with the licensing costs of hundreds of thousands they'll consider alternatives like Open Office or Word Perfect. But if nobody cares they'll continue to pirate software, keeping M$ Office owning the mindshare for office apps.
    If users at companies were forced to use Open Office it'd be just like when they were forced to use M$ Office. They'd adapt, learn to deal with it, and soon those hourly Office crashes would be the norm instead of a drawback..

    --
    My Linux Command of the Day site : LCOD
  191. Hypocrite: Re:why not? by MrChuck · · Score: 2, Interesting
    The only thing I don't pay for is a second copy of MS software (windows/office)

    Dude, if you can't abide by the conditions that the authors have set: eg. price and license
    THEN DON'T USE THE FREAKING SOFTWARE

    I won't go into quality of the software, but I will touch on that fact that YOU CAN DO ALL OF THIS WITHOUT THEIR SOFTWARE.

    I read excel spreadsheets, I write lots of documents. I don't use Microsoft software in my life.

    I can afford it. I can't stand its LOW LOW quality (been writing milters to block today's virus/worm that our unix and macs won't get but it clogging up our servers.)

    You guys have postgresql, mysql, php, all the BSD and linux you can eat. Laptops that can run what our bigass VAX 780s struggled with. Jesus Freaking Christ. There's better software out there for FREE than was available 5 years ago commercially.
    And your whining about how you think XP costs too much.

    Don't use it if you can't buy it. You have options. Take them.

    1. Re:Hypocrite: Re:why not? by rokzy · · Score: 1

      I mostly use MS for games. I use office because it's simple and because windows is my primary OS.

      another thing keeping me on windows is I've never found a music program I like anywhere near as much as musicmatch jukebox. the linux version is just WINE-bundled and isn't fantastic.

      plus I don't know how to run DVDs in linux. and since DVD software requires a special license I assume it isn't easy and free.

      my graphics card (Radeon 9500 pro) doesn't have hardware support in linux. and KDE feels sluggish in general.

      when I use linux (SuSE 8.2), there's something wrong with the internet connection sharing. every time I want to view a website or open any other internet connection there's a couple of seconds delay between giving the command and the programs actually starting to respond.

      so even ignoring games which I'm not too bothered about, linux (and I've tried many versions/distros) is not yet suitable as my primary OS.

      the best thing about open source software atm for me is stuff I can use in windows, such as Firebird and Thunderbird which have completely replaced MS software, except for home banking which demands IE.

      so quit your ranting and open your eyes. I cannot "DO ALL OF THIS WITHOUT THEIR SOFTWARE".

      "Don't use it if you can't buy it" - does this include open source, freeware? sounds like a phrase an anti-GPL zealot might use.

    2. Re:Hypocrite: Re:why not? by MrChuck · · Score: 1
      So you PAY for windows yes? Fine. Good. If you feel you need it, you should abide by the rules that the vendor has set - mainly you have to BUY IT FROM THEM.

      As far as "Don't use it if you can't buy it", I guess I meant:
      Don't use it if you can't afford to pay what it costs.

      I'm not particularly "pro-GPL", I prefer the BSD licenses, but each has its place.

      By the way, I manage to bank using Mozilla (on Unix and on my Mac OSX box). I play some games on the Mac. If I really want to use Windows for games, I'd have to pay for windows wouldn't I.

      And yes, I asked and chose NOT to open a bank account at a bank which required me to use Windows. I even wrote and told them why - I use the Web for banking and that's HTML + HTTP. HTML is well defined. Their site requiring IE is not a web site; it's a microsoft Web site and that's not acceptable. It was a non-trivial amount of money (before buying a house).

      I tend to use the DVD player for DVDs and the Mac when I'm on the road. The Mac software is licensed.

      If you can't abide by the vendor's license, then don't use the vendors code.

    3. Re:Hypocrite: Re:why not? by rokzy · · Score: 1

      yes I paid for my windows and office. I have a second computer which I don't really use but play about with. sometimes I install windows on that computer without deleting it from my main computer first. this is probably against the strict interpretation of the license but I don't consider it "wrong".

      it's like I'm the guy who occaisionally does 41mph on a 40mph limit road. but I'm not the one doing 70mph through a residential area where kids play in the street. while it may be true to say we're both speeding, life is not "black and white" and people who try to view it like that aren't usually very "moral" themselves.

      the law (and licenses) are usually strict to offer the most protection, but people always know that in reality there's room for discretion.

      I've been using my bank before internet banking was even available. I wouldn't change just because its implementation isn't ideal. IE isn't my primary browser, but since I can't uninstall it anyway (and no other OS meets all my requirements) it's not really relevant. even if I could uninstall it I probably wouldn't as it's useful as a fall-back for any badly designed sites that "need" it to display properly.

      a DVD player isn't an option for me since I have to move my stuff about a lot (student). personally, I think they're crap. I can understand them if you have a great TV and sound system, but otherwise they're just bigger, more expensive, and less functional versions of a DVD-drive in a PC, which I already have.

  192. How is this different... by TechnoWeenie · · Score: 2, Interesting

    How is the following senario any different from what this software is doing?

    I have a car. The car has a built in cell phone and GPS. If the car is stolen, the cell phone calls me and tells me the location of my car from the GPS. Am I now spying on the theif? Am I violating his right to privacy?

    1. Re:How is this different... by gcaseye6677 · · Score: 1

      Is this meant to be a serious question? A theif in your car has as much right to privacy as a home burglar has to sleep in one of your beds. What you install in your car to be used by you is totally different than what someone else installs on your computer without your knowledge. What an apples to oranges comparison.

    2. Re:How is this different... by Kane+Skalter · · Score: 1

      Not quite apples and oranges....

      !!!UNPOPULAR POST AHEAD!!!

      The intent of cars being equipped with GPS to notify its owner is to ensure that someone who doesn't *pay* for the car doesn't enjoy the benefit of the car. It's only reasonable. The software manufacturer had the same intent, and as far as I care, it's the manufacturer's perogative to do so. You can choose not to buy it at all. Sure, you can choose to download/hack/crack/etc., but you should be prepared for any consequences. If you don't like it, find an alternative that better suits your needs. Look for similar software that is offered gratis or free(beer). I prefer to use software licensed under GPL or Freely Distributable licenses for *that exact reason*.

      Enough ranting for now. I'm going back to inserting my GIMP-created images into an OpenOffice document so I can email it with Mozilla. And life goes on...

  193. How does it distinguish between an un/authorized? by shdragon · · Score: 1

    How does the software determine if it is running a legitimate copy?

    If it is a type that detects cracked copies, what's to stop cRk_fOObAR_v1.0afixed.exe from disabling the "phone home" function and/or make it give incorrect information?

    --
    "...we dont care about the economics; we just want to be able to hack great stuff."
  194. Re:The right? No. But does it matter? by gcaseye6677 · · Score: 1

    This method of evidence gathering would make the evidence definitely unadmissable in criminal court. In civil court, I think it would be a little more debatable, but if there was no indication in the program's license agreement or other documentation saying this would happen, I think the company might not have the best case. Especially since IPs can be faked/dynamic or whatever. Besides, how much are they really going to take in by suing some broke ass college students? It would make far more sense to just make the program uninstall itself.

  195. Try backup exec for Netware by Anonymous Coward · · Score: 0

    I own 3 copies of BE 9 for 3 servers but one is an upgrade of an upgrade and you have to jump through hoops with the old serial to get the new one etc, so I just used the same serial on 2 servers. It sent a broadcast message to every user on the corp network that there was a software license violation.

    Nice. How about just shutting the thing down and telling the administrator that this won't run.

  196. Well. by sekzscripting · · Score: 1

    It's about time developers start using some extra 'force' with pirates; software developers have families too. However, I don't think law enforcement (includes: legal department, lawyers, etc) should get involved with anything to do with software piracy (unless it's on a wider scale [ie: making hundreds of copies of the latest M$ OS and distributing it]). It seems to me, law enforcement should be going out catching murders & rapists rather than catching teenage 'pirates'.

  197. make config; make; make install... by Lodragandraoidh · · Score: 1

    If you didn't create the software yourself, you should at least have the sources available so you can peruse the code and see what it is really doing.

    If you build your software from source that you can view, you can be absolutely sure of two things:

    1. There are no backdoors or spyware in the code.

    2. The code is not proprietary (I haven't seen any companies deliver sourcecode in years - unless it was for some closed system where joint ownership between two companies was the operating practive. For consumer software, it all comes in binary format, even for Unices), so you have the option of modifying it as necessary.

    Even if you don't have the time to scan all of your programs before hand, having the sources available is an excellent tool for tracking down glitches - or 'spyware' activity (if your firewall detects outgoing traffic to particular IP addresses on particular ports, you can grep for these things in the program and figure out what the app is doing quicker than depending on the 900 number for 'Tech Support'...)

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  198. sort of, but not quite, IMO. by jonadab · · Score: 1

    It's just checking (and reporting) whether the software in question
    _itself_ is infringing, right? I wouldn't call that spyware per se.
    Misguided, yes, but not spyware. It may be similar to spyware in
    some ways, but I'd classify it as overzealous copy pretection and
    let it go at that. Now, if one software package were checking for
    infringing copies of _other_ software, that would be spyware.

    --
    Cut that out, or I will ship you to Norilsk in a box.
  199. A few terms come to mind by rahlquist · · Score: 0, Flamebait

    Illegal search and seizure Illegal wiretap And.. Theft of services for stealing my bandwith

    --
    Sick of stupidity? http://www.patentlystupid.com
  200. What happened to respect for customers, privacy? by inkswamp · · Score: 2, Interesting

    I'm sure everyone here can sympathize with companies and individuals who are hurt by piracy and I feel that they have every right to pursue it in whatever way they legally can. But that's the problem. As soon as a company uses illegal or unethical methods to combat illegal and unethical abuse, they lose me as well as the moral upper-hand. There are plenty of ways to combat piracy without invading a customer's privacy and I think it behooves a company or developer to explore those avenues. Also, they need to accept that there is always going to be a segment of users who will use pirated software. And I'm not so sure that matters. I would assume that most people doing so wouldn't have paid for the software legitimately anyway, no matter what, so it's hard to say that any potential profit has been lost by anyone. Tactics like "phoning home" and convoluted registration methods, dongles and other nuissaances only irritate paying customers and likely don't stop any piracy at all.

    --
    --Rick "If it isn't broken, take it apart and find out why."
  201. Depends on the definition of a firewall by vlad_petric · · Score: 1
    In the opensource world, the firewall prevents you from the outside world ... In the brave Windows world, from the programs you run.

    Draw your own conclusion :).

    --

    The Raven

  202. Re:The right? No. But does it matter? by The+Mayor · · Score: 1

    I write software for a living. If you copy and use my software illegally, then you are depriving me of compensation for my hard work. Please don't do that. It's not nice.

    --
    --Be human.
  203. Re:What happened to respect for customers, privacy by Ziviyr · · Score: 1

    Tactics like "phoning home" and convoluted registration methods, dongles and other nuissaances only irritate paying customers and likely don't stop any piracy at all.

    Actually theres this thing called "cracking" the program that'll make it stop doing that annoying crap. See your local pirate for more information. :-)

    --

    Someone set us up the bomb, so shine we are!
  204. Here's how it works. . . by Fantastic+Lad · · Score: 1
    See. . .

    The social structure that we all exist in today has been engineered so that virtually EVERYBODY who uses a computer is a software pirate on some level. --I only ever knew one person who made it her personal crusade to never, ever use software she hadn't directly paid for, and for her it was only because she was stubborn and had decided to be that way despite all the inconvenience it caused. It drove her boyfriend nuts, because he was a weakling and allowed her to direct his life as well, so much of his computer's functionality had to go. --His solution was to switch to Linux, and go the open-source route, which in the long run gave him the best of both worlds.

    (Interestingly, she was an idealistic Mac user who didn't like to have think about how it worked, and he was a PC user who liked to pull apart machines and tinker.)

    Anyway. . . The point of the matter is that the current system of society is such that it is set up to make EVERYBODY a criminal. That way, there's automatic leverage already in place against anybody who the Masters of the Universe want to intimidate and bully as they deem necessary.

    With Gates working side by side with the Homeland Security spooks, with unique-identifier chips for computers on the horizon, this is only going to get more cemented into place. My guess is that there may even be systems in the future to automatically debit your account for the amounts 'owing' whether you like it or not. --And if your credit rating isn't good enough to support a sudden whop of extra debt, then there's always the state salt mines.

    Here's another interesting thing; that same girl? There's a perfect place for people like her. She'll be the one who will put you in jail without a blink or note of compassion. She thinks she's better than you and that the system is inherently right; that individual thought, action and non-orthodox (creative) problem solving are the primary sources of all trouble and woe in the world. Everything would be Oh, so much nicer if everybody just did as they were told! Anybody who comes up with new ideas which have not been sanctioned by the wonderfully reassuring TV-Sciencey-People are so very threatening. (It's especially aggrievating to her when those new ideas prove to be more efficient and effective, propelling the outside-the-box thinker to success, leaving her in the dust. It's not fair! People shouldn't be allowed to do that! No fair!)

    --She's the sort who was effectively programmed at a very young age to instinctively seek an authority structure and to then seek its approval. (Gold stars and check marks in school when you are a child? That's hard-core programming, baby!) As such, through desperately seeking the moral high ground in all matters without considering the terms of that 'high' ground, or the agendas of those who imposed the rules, she becomes a candidate for perfect Nazihood. She'll march in the fucking Neocon parades and turn you in for sedition. (Grumbling at your work station.) People like you have been making her feel miserable and lonely and awkward for her entire life, and boy, you better believe she's bitter. Soon it's going to be pay back.

    By re-enforcing these patterns, by directing through subconscious suggestion the people you find yourself involved with, is how the real Matrix imposes control over us. It takes a great deal of awareness to break free of this system.

    Ever wonder why most of the people you know are sad, stressed and exhausted most of the time? No? Might be a good idea to start wondering, because, newsflash; it's not the natural state.

    Knowledge protects.


    -FL

    "Something, something the more numerous the laws, something, something." --Tacitus.

  205. Re:The right? No. But does it matter? by Anonymous Coward · · Score: 0

    "Think about LoJack, the car anti-theft mechanism, that tracks the car. Isn't that effectively the same thing? That's perfectly legal."

    Not at all. That's akin to the manufacturer installing a 'LoJack' that recognizes you as the licensed driver and refuses to let anyone else drive that car.

    The owner of the car installs the LoJack to assist in tracking down their car if it's stolen...

    - DRFSR

  206. software makes should be able to do this by steelerguy · · Score: 1

    just as you should be able to pass over their product because they do, do it.

  207. Not only invasive and intrusive by Exiler · · Score: 1

    It's repetitive and reduntant too!

    --
    Banaaaana!
  208. Apple anyone? by stubear · · Score: 2, Interesting

    Apple has been doing something like this for years. If you run software on a network and you try to use the same copy of software on two different systems at the same time, something will have to give. In this case, MacOS informs you that person x is using a copy of the software and then it quits the application until you close down the other copy or log off the network. I don't see /. breaking out the hayforks over this though.

    1. Re:Apple anyone? by Darth_brooks · · Score: 1

      Yeah, like key servers for network delivered software, or at least software that goes looking for a license via the network. Stuff that the admin creates and runs.

      This isn't in the same ballpark, and is barely the same sport. We're talking about software that's being installed, in a way that isn't entirely obvious to the end user or admin (I'm sure it's mentioned somewhere around page 75 of the EULA).

      It's underhanded, sneaky, and another example of companies skirting requirements that the government couldn't (well, shouldn't) dream of. Skipping a search warrent altogether, no need for probable cause to create the warrent in the first place. (save the patriot act discussion, we've all heard it ad naseum and likely agree)

      What's worse is, this sort of thing is going unchallenged and will eventually be looked at as common place if it isn't cut off now. Piracy sucks, especially when you're a nickle and dime operation that's trying to get by without being bought out by a company that's run by fucktards who'll run you into the ground, ruin your name, then fire you because of their mistakes (cough *EA* cough). But invading my privacy and/or treating me like a criminal even if I'm not is bullshit.

      The question, abstracted all to hell, is whether or not we've got the right to commit a crime, or if...(this isn't the right wording, but close enough)..the intent to commit a crime is a crime?

      --
      There are some people that if they don't know, you can't tell 'em.
    2. Re:Apple anyone? by tuxedobob · · Score: 2, Informative

      Uh, I'm not sure what Apple software you're referring to. The OS has never done this; in fact, I'd be suprised if the OS even had a serial number somwhere in it.

      You may be referring to third-party apps. If that's the case, recall that the Mac version of Office _stopped_ doing this after one of the updates.

      The last app I remember that did this was Adobe Premiere 4.2. I'm not sure if the "latest version" still checks.

    3. Re:Apple anyone? by saddino · · Score: 2, Informative

      In this case, MacOS informs you that person x is using a copy of the software and then it quits the application until you close down the other copy or log off the network. I don't see /. breaking out the hayforks over this though.

      Maybe because there is no Apple software that behaves as you describe?

    4. Re:Apple anyone? by ru$ty · · Score: 1

      hayfork?

    5. Re:Apple anyone? by Anonymous Coward · · Score: 0

      Grandparent means pitchfork. I understood immediately. OK?

  209. Hooray for dongles. by C10H14N2 · · Score: 1

    Vendors used to make our lives miserable by requiring us to bolt on stupid dongle thingamajigs to supposed "spare" ports on every "licensed" machine. Great, until you had four or five such packages and one free port. If that was reasonable, anything short of random drug testing and DNA samples in a license could be considered a blessing. Thank god there are other ways to validate licenses. So your IP address is sent out with identifiers for software on your machine. What's next, bitching over browser detection on web pages as an infringement of privacy rights since the action of opening a web page does precisely the same thing? If I sell a package to ACME Billionaires [INC|AG|SaP] and just trust them with no auditability to follow a license, I'm not in good shape to prove a damned thing. With all the auto-updating software that is out there, which does exactly the same thing (see: Symantec LiveUpdate et.al.) this is hardly earth-shaking. Maybe if this was more wide-spread, companies would stop bitching about piracy as an excuse for hiked up prices, which may explain why the anti-virus software that used to cost fifty-bucks now goes for ten likely owing to this practice.

    1. Re:Hooray for dongles. by Anonymous Coward · · Score: 0

      I dunno, I run the same pirated copy of Norton Antivirus and Norton Internet Security on every windows pc I've got, and the Live Update works correctly on all of them

      the software makers have to be able to allow pc makers such as Dell to not have to install each software package one by one on each machine they sell, they simply create a hard drive image and "ghost" it to each machine. therefore the copies of norton antivirus or whatever that is dumped onto each hard drive is not unique (with unique serial numbers etc) and it doesnt require the user to enter one when first booted, so theres no way for them to know if the copy is pirated I guess

    2. Re:Hooray for dongles. by Pharmboy · · Score: 2, Informative

      I dunno, I run the same pirated copy of Norton Antivirus and Norton Internet Security on every windows pc I've got, and the Live Update works correctly on all of them

      Most OEM versions of AV expire in 90 days, retail in 365, but most computers just come with the 90 days worth. The goal being to get you to pay the $10 to extend your access to their network for another year. Personally, I just set the clock back a year when i run update. I guess you could boot your new computer with a floppy the first time, and set the clock ahead two years before it fires up, so the AV software time stamps that it expires two years and 3 months from now.

      Or buy the retail version and set your clock ahead while you install, and put it on all your computers.

      Or just uninstall and reinstall the AV every year (if its retail version and you have the disk)

      Yea, there are lots of ways to pirate it. But they still really want you to pay THEM directly to update for another year, since they don't have to share that money with retailers. They pretty much give away that 90 day version anyway.

      --
      Tequila: It's not just for breakfast anymore!
    3. Re:Hooray for dongles. by Professor+Bluebird · · Score: 1

      That's Norton. I myself have been using the same version of McAfee (4.5.1) for about 2 years, without any pressure to subscribe to get additional DAT updates. In fact, my laptop (Gateway) came with Norton. One of the first things I did when I got it was to uninstall Norton and instal McAfee, and it's been virus-free ever since.

    4. Re:Hooray for dongles. by Reziac · · Score: 1

      Or decide that's all too much hassle, and continue to use the free DOS version of F-Prot.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  210. Quick uninteligent thoughts by Elpacoloco · · Score: 0

    According the Bush and his cronies, hacking is terrorism.

    This software is arguably hacking.

    Does this mean that the software industry is supporting terrorism?

  211. ownership does not exist by chocolatetrumpet · · Score: 1

    Let's take things a step further: I don't believe in ownership. How about it? I just don't. I can't help it. My behavior doesn't reflect my beliefs, though, because I don't want to be in jail right now. So much for civil disobedience.

    --
    Spoon not. Fork, or fork not. There is no spoon.
    1. Re:ownership does not exist by Prof.Phreak · · Score: 1

      You're probably joking, but "how" can people really own anything? We're only borrowing things for a maximum term of our lifetime.

      Lets say you buy a house, spend half your life paying it off, and then you die. Do you own the house? Do you really care?

      So when someone steals anything - they're merely borrowing something from someone who in turn borrowed it from someone else.

      It works the same with shops - you borrow stuff from the store, while at the same time, they borrow money from you.

      I think I like this line of thought...

      --

      "If anything can go wrong, it will." - Murphy

  212. PC ... Phone ... Home ... by TexasCowboy23 · · Score: 2, Insightful

    I have long been wondering why Microsoft doesn't employ this technique in Windows. (And don't flame me for using those two cuss words here. *grin*) Their licensing issues would stop, 'Windows Product Activation' would disappear, and all the headaches associated with pirated copies of their software would just stop. And they would save a lot of money that way. Any time a Windows box boots, it calls home and identifies itself with its product key. If that product key is already identified as running, both machines then shutdown. Makes more sense to me than Activation.

    Personally, I'm not an advocate of spyware. Almost on a daily basis, I run my spyware checker and delete any unidentified directories under 'C:\Program Files' ... And I really don't like the idea of software programs running as spyware. How do I *know* that it's not transmitting out personally identifiable information? I don't. That's an inherent danger of the Internet age. When you plug your computer into a network, you take the risk that something on your computer could be retrieved or sent without your permission. Should it happen? No, of course not. But then again, consumers are getting screwed left and right.

    Hey, we could just do away with the Internet, unplug our computers, and go back to DOS in the 1980's ...

    Who's with me?

    --
    Seth Anderson BTW, I'm not 23 anymore -- I am TexasCowboy26 now. =)
    1. Re:PC ... Phone ... Home ... by PhreakinPenguin · · Score: 1

      They can't, won't and don't use anything like that because it's too big of a program. With smaller apps it would be a whole lot easier as the crackers wouldn't be as anxious to find a way around it. Sure there would be the n00b crackers that would try but not anyone else. With Windows or Office for example, crackers would be all over it and have a way around it or to prevent it phoning home before the software ever came out.

      --


      My sig of choice is Marlboro
  213. The company is making some poor assumptions... by softspokenrevolution · · Score: 2, Interesting

    The first poor thing is that the admin won't be uncomfortalbe with all of his people being spied on (let alone all of the end users that threaten him with death).

    The second is the assumption that the Admin is unaware that a cracked copy of software is being used, seriously all of this stuff costs well into the ridiculous range and there are more than a few companies who just say to hell with it all and let's just pretend like our lone copy is a site lease. Then they have to go through all sorts of trouble like pretending they care and making sure it doesn't happen the next time around.

  214. But... by Anonymous Coward · · Score: 1, Informative

    when you are under police investigation, such as being followed or having your phones tapped, it has to be decided by a judge that you are dangerous enough, or enough of a threat to the law or society, that they should violate your privacy for the sake of others.

    and in ALL OTHER CIRCUMSTANCES (barring, of course, anything in the latest patriot act), they are required to let you know what's going on. when you get a job that requires a criminal background check, they let you know. when you are asked for additional ID, well.. of course, you know.

    that's reall the difference. should companies put spyware in to spy, or should they just outright tell people what's going on? it might even act as a deterrent to pirates who don't want to be caught. they will just use some other software, instead.

    1. Re:But... by Jack+Greenbaum · · Score: 1
      • when you get a job that requires a criminal background check, they let you know.

      This is strictly a deterent, it limits the number of background checks they need to do because the really stupid people won't apply. Same with the signs on the Home Depot doors saying they drug test all applicants. It saves them money.

      Look folks, if you don't like getting caught using pirated software, then don't use pirated software. This "omigod it checked my UID!" is just breathy wishes for a Stallmanist world of only free software. How well did that work in Soviet Russia?

      -- Jack

    2. Re:But... by Junior+J.+Junior+III · · Score: 1

      In Soviet Russia, the software frees YOU!

      Sorry, couldn't resist.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
  215. How about, not publish software? by Thing+1 · · Score: 3, Insightful
    Do you feel software publishers should have the right to peer into users data, if their software suspects foul play on the machine, or should it do the easy and intelligent thing and just stop working?

    If a software publisher prices their software "out of the market" then a potential user has two recourses: 1. don't use it; 2. pirate it.

    If the software publisher's decision is inappropriate (i.e., the value is $50 but they charge $2,000), then the user can't be blamed for pirating it. I mean, they can be, but let's face it you can't return software you don't like (because "you might pirate it"), so the default behavior is, pirate it to make sure you like it. Then, if you so choose, pay for it.

    I think it's super cool though, that publishers are going to more and more draconian levels in order to "protect their profits" because it just makes open source/free software that much more attractive.

    See the Ernie Ball story for more details. (I love that I saw the Ernie Ball and the optic-fiber sponge stories on Excite last night, and then saw those two posted here today.)

    --
    I feel fantastic, and I'm still alive.
    1. Re:How about, not publish software? by neiffer · · Score: 1, Informative

      I'd have to agree. I think this is especially true for schools and the educational community. For small and medium sized schools and districts, there is simply no real decent licensing agreements that allow purchasing new applications. I know of at least 3 districts that still run Office 97, for example, because they couldn't afford the upgrades every 2 years, even at the educational price.

    2. Re:How about, not publish software? by beuges · · Score: 1

      and who puts food on the table of the free software developers?

      not all software can be free.

    3. Re:How about, not publish software? by Thing+1 · · Score: 1
      not all software can be free.

      Why not?

      Seriously. I don't see any reason that programming a computer to do any arbitrary task requires a corporation backing the development of the program.

      And even if there is corporate backing, that doesn't eliminate the possibility that the software will be released as Free Software -- look at Apple, Red Hat, SuSE, Mandrake, et al.

      As to who puts food on the table, that's for them to figure out. Apple et al pay their developers for their time; other developers make money selling books ( O'Reilly , Bruce Eckel ); others give lectures (Bruce Perens, Eric Raymond, Richard Stallman), and others make money at their day jobs which could be anything -- attorney, dentist, carpenter, factory worker, you name it.

      Please back up your assertion, as I don't see any reason that "not all software can be free."

      --
      I feel fantastic, and I'm still alive.
    4. Re:How about, not publish software? by Anonymous Coward · · Score: 0

      If the software publisher's decision is inappropriate (i.e., the value is $50 but they charge $2,000), then the user can't be blamed for pirating it.

      Actually, they can charge whatever the hell they want. Don't like the price? Too bad. Don't buy it, don't pirate it, and don't use it. Write your own software if you can't afford someone else's.

      I really don't understand what about this is so hard to understand. No wonder nobody serious about trying to rectify the flaws of current IP laws couldn't care less of the average Slashbot's (ie, you) opinions.

  216. MOD PARENT DOWN by Anonymous Coward · · Score: 0

    -1, Utter Nonesense!

  217. if you believe this article... by Anonymous Coward · · Score: 0

    ..I have a used car to sell you

  218. Isn't that what a crack is for? by lgordon · · Score: 1

    I would figure that if these 33733t haxor d00dz knew what they were doing, they'd remove the spyware phone home portion when they cracked it.

  219. It's a mind game.. by whiplash · · Score: 1

    Now people will wonder whether or not the latest file they downloaded off Kazaa, Morpheus, or any number of other (until the Evil Empire^H^H^H^HMPAA/RIAA releases their legal hounds on whatever is left.) P2P clients, has some hidden gizmo thats contacting the mothership at 4:50AM sending their dox to the software company..
    This is very much like the nonsense Golden Hawk had with CDRWin a while back (mabe even currently.) that eluded to the fact that "bad things" might happen to your CD burner if you used a cracked copy.. It makes people wonder, and these companies rely on that wonder, Who's going to run illegal software if it's reporting in? Not as many people, thats who.

    I agree tho, if the software is smart enough to know thats it's been illegally registered/authorizied/whatever, it should just uninstall itself.. Personally, I would not, and will not utilize any software that phones home.

  220. espionage ware by IowaFarmer41 · · Score: 1

    Or, whatif, as in the case of USN war ships, you are running on NT, and the software comes from a PLA front company, and not only are usernames and passwords forwarded to Peking, but so is any sensitive information on the system, and even control of the warship, say in the case of an invasion of never-under-the-control-much-less-the-property-of- the People's-Liberation-Army-terrorist-organization Taiwan? Sounds like such spyware is totally incompatible with national security.

  221. Criminal versus Civil by chefmonkey · · Score: 2, Informative
    Common point of confusion: "innocent until proven guilty" is applicable to criminal law. In general, the type of copyright violations to which this kind of "enforcement" would be applicable tends to be civil.

    In civil cases, the standard is "a preponderence of evidence." Remember, civil cases involve two private entities coming to the state to settle a dispute. At the outset, the law has no judgement about which private party is correct; final judgement is issued based on who presents the most compelling evidence to support their side of the story.

  222. What about HIPAA? by Tapout1511 · · Score: 1

    I have a feeling that this is a pretty serious violation... Anyone know for sure?

  223. Re:Hey yanks -- ready to hear the truth? by Overly+Critical+Guy · · Score: 0, Flamebait

    Who started the pointing? Silly troll, you can do better.

    --
    "Sufferin' succotash."
  224. Fortunatly in cars that is already illegal by bluGill · · Score: 1

    I don't know the exact details, but in the case of cars, the warranty applies cannot be canceled for independant service, unless they can prove that the independant service caused the problem. Appearently at one time manufacuters tried that trick, and the goverment doesn't allow it anymore.

    1. Re:Fortunatly in cars that is already illegal by Anonymous Coward · · Score: 0

      But, your car could still throw a computer code that the Independent may not be able to clear, even if they make the required changes to fix the problem that caused the code, the problem no longer exists, and the car would pass the older treadmill test.

      OBD-II/III...

      Just like a car company could make a Special Service Tool (SST) that it only sells to its dealer shops, because it has patented the connector or whatever, and will not license anyone else to make a tool to work with it...

  225. Re:From the great Star Wars parody "Troops" by Psykechan · · Score: 1

    All suspects are guilty. Period. Otherwise, they wouldn't be suspects, would they?

  226. Bypassing CD detection by arth1 · · Score: 2, Interesting

    There's another good reason to trick a product into not requiring a CD: Security.

    Once you put a CD drive on a Windows computer, it no longer is red book class C2 certified. The obvious reason is that you can boot from a CD.

    Obviously, you don't download a cracked version from Russia or China to improve security, but using virtual CD drives or modifying registry keys to look other places is quite normal.
    And this might be enough to trigger a program into thinking it is running a cracked version -- when in reality it's an attempt to work around the flaws of the program, mainly that it requires a CD to be present.

    Regards,
    --
    *Art

    1. Re:Bypassing CD detection by Sigma+7 · · Score: 1
      Once you put a CD drive on a Windows computer, it no longer is red book class C2 certified. The obvious reason is that you can boot from a CD.


      Which is a moot point - the counter is to configure the Bios to prevent booting from the CD, in the same way to prevent booting from a floppy. Combined with a Bios password (which is required to prevent the attacker from getting full control over your computer. )

    2. Re:Bypassing CD detection by TaoJones · · Score: 1

      There's another good reason to trick a product into not requiring a CD: Security.

      Once you put a CD drive on a Windows computer, it no longer is red book class C2 certified. The obvious reason is that you can boot from a CD.


      If you can trick a High Security Server into doing this, then it's not exactly a High Security Server, is it?
      __
      Holly: I've got to admit it I've flamingoed up.
      Rimmer: You what?
      Holly: It's like a cock-up, only much, much bigger.

      --
      "Fear is the rootkit of democracy.." Blarkon
  227. My feelings..... by Anonymous Coward · · Score: 0

    1) First time someone is convicted of writing this crap, they get a hand chopped okay - they pick.

    2) Any company involved in this kind of software is force to open it sources and GPL all of it's code. The company is liquidated and the money forfited to the government.

    3) Each time someone is caught, another limb is chopped off.

    4) The fifth time, they are executed.

    Is that strong enough?

    FREEDOM FROM SPYS!

  228. What? by Anonymous Coward · · Score: 0

    Do you feel software publishers should have the right to peer into users data, if their software suspects foul play on the machine, or should it do the easy and intelligent thing and just stop working?

    ***
    Software publishers have no right to peer into users data. Think of it this way if you steal my car and bring it to your house do I have a right to dig through your house? No. That data has NO association with the stolen product. I have word documenets, private coorespondance etc.

    This person should be beaten by the ACLU and EFF members in alphabetical order.

  229. haha.. this is a joke right? by Ogerman · · Score: 1

    Do you feel software publishers should have the right to peer into users data, if their software suspects foul play on the machine, or should it do the easy and intelligent thing and just stop working?

    Seriously folks. This is not even a question that deserves to be asked. The answer is such an obvious NO that it's laughable. If any software publisher is actually doing or intending to do such unethical things, there needs to be privacy legislation written immediately to protect consumers against this nonsense. If our vehicles started regularly phoning home to Detroit to tell auto makers where we'd driven in the last month (just in case the vehicle was stolen), would people question the bad ethics and privacy invasion? This is absolutely no different.

    Fortunately, these issues are going to be completely irrelevant as the world switches almost entirely to Free Software over the next, oh.. 10 to 15 years. Don't think that'll happen? Guess again. The OSS movement is growing exponentially. It's not a question of "if" but rather "when".

  230. It's called firewall logs by Anonymous Coward · · Score: 0

    Everyone has issues with firewalls. My current 'issue' with Tiny Personal Firewall (yes, I've actually paid for it.. and, just like Mirc, we're waiting to see who the 10th person ever to buy it will be...) is that yes, it logs but.. it does not have a second application to break down those logs. I'd love to log EVERYTHING and get a breakdown of where exactly my FTP program has been.

    Ok. Using DC++.. it's ok. Now go look at BCDC++ and it's extras.. like it's log analysis software that reports how much a particular person has retrieved from you.. and what the most popular file was.

    AN

  231. Entrapment by Zerbey · · Score: 3, Interesting

    Doesn't this fall under Entrapment laws, or does that just apply to law enforcement agencies?

    1. Re:Entrapment by praksys · · Score: 2, Interesting

      ...or does that just apply to law enforcement agencies?

      Yes, and in any case it wouldn't be a good example of entrapment. In order to qualify as entrapment it has to be the case that the defendant would not have committed the crime in question if not for some sort of enticement or encouragement on the part of a law enforcement officer. There is no encouragement to pirate software here.

    2. Re:Entrapment by SuiteSisterMary · · Score: 1

      Entrapment is a Law Enforcment Officer walking up to you and saying 'Hey, man, you want to buy some crack?' then, not taking no for an answer, convincing you to buy it, and busting you.

      Legitimate undercover work is said LEO walking up to you, saying 'Hey, man, you want to buy some crack?' and you saying 'yeah, man, I'm jonsing for a fix real bad.' Or, better, you walking up and saying 'Hey, got any crack?' and buying it.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    3. Re:Entrapment by Kane+Skalter · · Score: 1
      Nah. Entrapment would be...
      1. Setting up a Kazaa-style P2P service
      2. Encouraging people to trade ISO images of illegal software, then
      3. Reporting every last one that takes the bait

      Simply placing a bit of code in a software that notifies your ISP of your license violation would not be entrapment

      (Insert mandatory I-ANAL disclaimer)

  232. What WE want to know... by Olathe · · Score: 1

    And you know this how? You work for SCO?

    But the published police report and all news reports said nothing about SCO. How'd you know information that wasn't available to the general public, Mr. Coward ?!?!? Sounds highly suspicious to me.

    We know you have information, Mr. Coward. If you don't want a long prison sentence, you'd better start talking now.

  233. Definitely NOT a legend by Anonymous Coward · · Score: 0

    Definitely NOT a legend: Waaaay back I looked at the code in a debugger just to see if the rumor was true.

    There was a chunk of code that would perform a very tight loop of end-ro-end head seeks. A reset or Ctl-Alt-Del would probably not hurt anything but if the user paniced and hit the power switch.....

    However, there was NO branch to that routine that I could locate; just another useless MS "feature" in MNSHO.

  234. hate the thought of it, but... by nathan_w_cheng · · Score: 1

    ...stolen software that phones home is kind of like those car thingies that emit their exact location when the car is stolen...I'm sure car thieves hate those thingies. Now wouldn't the car thingie be cool if it could not only tell you its exact location, but also the name and serial number of the guy who stole it!

  235. Re:From the great Star Wars parody "Troops" by djdole · · Score: 1

    Stop and read what you just said.
    You honestly don't believe that...do you?
    "Suspect"
    When you suspect there to be a problem with somthing... you think there MIGHT be a problem.
    You don't know FOR SURE.
    Just because someone is a suspect dosen't in any way make that person absolutely guilty.
    To think so would put everyone back into the mindset similar to that of Salem during the witchhunts.
    If one person kills another person, there may be dozzens of suspects in the initial investigation. Now according to your logic they are ALL guilty. So if some crazy serial-killer kills a lady and runs, then I guess the husband of that lady would HAVE to go to prison for life, or be put on death-row, huh? Because in the case of murder, the spouse is always the first suspect.
    Seriously. Come on now.

    Suspects are only under the suspicion of guilt. No more, no less.

  236. amazing by Anonymous Coward · · Score: 0

    that was an amazing post. if i ever meet you in real life ill smoke you a joint... replication is exactly it, time diliation from some game... thats exactly what we need and corporations will onyl hold us back. infinite resources and everyone is guaranteed the same quality of life.......

  237. Re:The right? No. But does it matter? by Sancho · · Score: 1

    Simply not true. I'm using your software without compensating you, but I'm not depriving you of money (the money in my pocket was never yours in the first place).

    Semantics? Sure, but accurate.

  238. Uh dude... *FELONY* by Anonymous Coward · · Score: 0

    Be aware that pirating $500 worth of software within a 6 month period is now a felony in the USA.

    Lose your voting rights, lose your firearm rights, and spend time in jail getting HIV-raped just for pressing some buttons on your computer.

    Welcome to America, the incarceration capitol of the world, where the laws are written by money, and home of the richest man in the world.

  239. Utah? by hughk · · Score: 1
    Didn't Novell's NETWARE used to do this as well? Is this something to do with Utah companies?

    Seriously I also remember a number of companies that used to do something like this with LAN based multicasts. Often the license itself was tied to a MAC address, so woe betide you if you swapped a lan adapter.

    --
    See my journal, I write things there
    1. Re:Utah? by HerringFlavoredFowl · · Score: 1

      >Didn't Novell's NETWARE used to do this as well? Is this something to do with Utah companies?

      I don't see why, Utah software should be into the monogamy (multiple copy) thing ;-)

      --
      TastesLikeHerringFlavoredChicken
    2. Re:Utah? by hesiod · · Score: 1

      > Utah software should be into the monogamy (multiple copy) thing ;-)

      Mixed up your prefixes, that's polygamy.

    3. Re:Utah? by Fulg · · Score: 1

      Often the license itself was tied to a MAC address, so woe betide you if you swapped a lan adapter.

      This is one thing USB network adapters are great for. If you lock the software to the USB adapter MAC address, then you can use it as a dongle.

      Not that I approve of dongles, but this is quite convenient when the software in question has to be used by more than one person (yes, only one at a time) but the software does not have a floating license server option.

      --
      gcc: no input sig
  240. Re:expensive 900 number by Upphew · · Score: 0

    In Finland it is rare for younger people to have phoneline installed. Everyone have cellphone and internet comes from cable or dsl.

  241. Not to argue back and forth.. by msimm · · Score: 1

    I think the EULA's aren't honest business so I'm expressing in part my own unproven (I think they will lose eventually) prejustice. When I explicitly click on a piece of software to install that does not mean I intended to install any other software surreptitiously and just because I may be mentioned burried in fine print somewhere does not mean I intended it (EULA as everybody on Slashdot know are not only dodgy agreements, but are circumventable, did I buy the EULA or the software?).

    --
    Quack, quack.
  242. "other" software? by poptones · · Score: 1
    I don't see that "other" software mentioned anywhere. Networking ability is so inherenet to modern computing I can't think of ANY software (except for simple games and utilities) that would even be considered "useful" if it were not able to network.

    Where did anyone except you mention "other" software? This isn't like divx installing gator on your system - this is a publisher including functionality in their software YOU may not consider explicitly needed (or even wanted) but which they have every right to add. You have two choices: use it, or don't. No one is coming to your office and forcing your hand.

    Nor is it even remotely reasonable to expect the end user to explicitly specify every little function added in a piece of software. Most users simply don't give a shit so long as it does what they want; if you demand finer grained control than that, download the source and compile it yourself.

    No source? Well, then you make do with what you got. Either way it is your choice.

  243. Implications by heikkile · · Score: 1
    What if the (say) German military intelligence office (or the NSA) found out that someone/something inside their offices is communicating with a foreign address, regularily passing a packet of seemingly harmless information. Who ever installed that shit would be suspected of spionage!

    What if an enemy of (some) state was known to have this software installed, and the state was monitoring the traffic. Upon seeing this packet be sent, they conclude that the enemy is enganged in some serious work, and will stay home for a few minutes. A missile strikes soon after.

    Now assume the "enemy" had a good intelligence service, and figured out who or what leaked the crucial information. Whom would they take their revenge on?

    Ok, perhaps a bit far fetched, but what if a sysadmin wanted to stalk that girl in accounting, and had the firewall inform him every time she started this program (by capturing its spy packet).

    --

    In Murphy We Turst

  244. Two wrongs, not make, one good.... by jotaeleemeese · · Score: 1

    Or something like that.

    Such software would be breaking the law in many countries (specially in Europe) since nobody can gather data about you without your consent.

    Both the copyright infringer and the company gathering information without a persons consent could land themselves in legal trouble.

    The company producing the software can get themselves of the hook clearly stating that they are collecting information, which information and where it is kept.

    Oh yes, IANAL.

    --
    IANAL but write like a drunk one.
  245. I've seen this with a certain forum software by TPS+Report · · Score: 1

    There's a piece of commercial bulletin-board/forum software that does this. When you purchase and register your copy, the company keeps a record of which IP you're on, your name, as well as a few other small details.

    If you change IPs, their database is updated and the old IP is deactivated in their database.

    If you've never purchased the software, none of your IPs are listed in their database, and obviously the rest of your [fake] registration details you key-generated won't be on file with them either. The software "pings" in with the main company's website from time to time; I would presume once every few weeks. The serial number and name you're using is probably sent during those pings...

    They apparently verify that the software is in fact not legitimately registered, and then try to contact the user directly. If that fails (or the user fails to respond), they contact the ISP directly.

    I was probably contacted by them 4-5 times total when I worked for a large ISP. Every time I contacted the colocated/vhost customer, the software was in fact being used without being purchased.

    I'm sure this isn't the only company that does this, though. For example -- Bulletproof FTP phones home from time to time, to invalidate widely used warez serials and things like that.

    --
    I was told that I could listen to the radio at a reasonable volume from nine to eleven...
  246. Spyware may be illegal in many countries. by jotaeleemeese · · Score: 1

    I do not know what the situation is in the good ole US of A (where privacy is treated as the private feudal property of a certain Mr Ashcroft) but in other countries you have not got any right to collect private information without the affected person's consent. No matter what the excuse.

    A company using hidden spyware and then pursuing reparations due to copyright infringement, detected by above mentioned device, may find itself in hot legal water for collecting private information without consent.

    The solutions are obvious and as usual, to be open about what you do is the best way to proceed. Why companies don't grasp this basic concept is completely and absolutely beyond my intellectual capacity to understand corporations.

    --
    IANAL but write like a drunk one.
  247. This would be illegal under UK law by mattbee · · Score: 1

    This program behaviour was previously hilighted as a breach of the Computer Misuse Act 1990-- software which causes a computer to perform any function with intent to secure access to any program or data held in any computer. i.e. the software firm is illegally securing access to licensing data (i.e. that the program is pirated) by sending an email without the computer owner's authorisation. I remember the author of an Acorn program a few years back being forced to remove this behaviour from his software for this reason.

    --
    Matthew @ Bytemark Hosting
  248. Programs have too much power! by sonamchauhan · · Score: 1

    I agree with your points about pirated software. However, one sticking point is that programs have too much power - programs run with the effective permissions of the logged-on user and loss of control of your own system is not a good thing. In practical terms, the real problem is most Windows program "run as root".

    IIRC, Windows 2000 had an option to run a program as a different user. It would be handy to extend this limitation to effectively build a "GUI chroot jail". For example, the user should be able to set a system policy that said:

    "If this executable came in via email, and I want to run it, then run it in a 800x600 screen window with a hatched window border pattern, with max. CPU utilization = 10%, no network access, disk access = virtual C:\ with 500 MB free, read-only winnt\ directory and virtual registry."

    1. Re:Programs have too much power! by LiquidCoooled · · Score: 1

      I would say if this exe came via email it should be shot and burnt where it stands. :)
      If microsoft had done that, we wouldnt have as many problems as we do.

      --
      liqbase :: faster than paper
    2. Re:Programs have too much power! by WNight · · Score: 1

      Really, shouldn't all programs run this way? Why should my email client know anything about my machine and what's running? It should know of two directories, my incoming attachments folder, and my mail spool. Any attachments I want to send can be drag-and-dropped into the program.

      Same with my work processor. Why should it even know I've got a net connection, let alone see my email program? If I want them to share an address-book it should be a seperate program that I can give limited access to/from both programs.

      Viewing an email, even an HTML one, should be a seperate process. Same the content as a temp file and get the system to pass it to your HTML viewer to open. If desired, the viewer can run in the window the email program asks for, without the programs actually interacting. Any changes to the window would be proxied by the OS. The email program wouldn't even know what program was viewing the HTML, merely that the system reported that it was being done. This way, even if the post did have some nasty javascript or whatever, it'd be run in this sandboxed browser, and of course a browser is a read-only thing, it doesn't need to write to your filesystem so the worst the malicious attachment could do would be, if you enabled your email to load content from the net, link to some sick pictures.

      There's a lot of overheard in sandboxing, and in making every type of action (view HTML email, etc) into a new process, but computers are getting really fast and the security from this would be incredible.

  249. Wrong Wrong Wrong by Anonymous Coward · · Score: 0

    Imagine the following scenario. You have hapily been using your credit card for a while when shock horror someone has gotten your details and commits fraud. You of course are a suspect as it is your card invovled. Does this mean the police can redirect your mail (Even the harmless junk mail.) have a good look over your details before letting you have them back? No No it does not. You are inocent until proven guilty.

    This is exactly the same scenario. Instead of credit card its a cracked piece of software. Inocent till guilty means you are always inocent of the crime so they have no right to look at any private details pertaining to you.

    If anyone else decided to have a look at your computer name and what product you installed, even though its very basic probably harmless info, they would be seen as hackers. Doing it just because some of the people you do it to may be guilty is like arresting people who look at your house as potential burglers.

    I have to stress that the information that the company gains off your computer is irrelevant. You are standing on a very slippery slope. You allow a company to take down simple details like this today, tommorow they will be sifting through your private files to pull every detail you have and send a team of police to your door despite you not even breaking the law.

    Your computer is your own private space and just as with private property NO ONE has the right to take anything from it without a warrant based on sufficient evidence. A cracked file is far from enough.

    [Also didnt MS try this crap at one point. Im sure I remeber them getting in to a lot of trouble with the law for sending back private details about the systems the O/S was installed on.]

  250. The Microsoft Plan by MacWiz · · Score: 1

    Since Microsoft just announced the desire to have software update itself automatically (and self-install the latest version of bugs and crappy security), all the PC users should get used to it.

    They were, after all the ones who came up with the idea of "reaching into your computer" in the first place.

    Between Microsoft, the RIAA and MPAA, we're getting to watch the real life version of Fahrenheit 45i, 1984 and Animal Farm all rolled into one neat package. It's called the DMCA (Despicable Microsoft Controls America?)

  251. pirates collect, by upt1me · · Score: 1

    Pirates "collect" pirated software. They prolly use about 5% of the software they pirate. The people that are going to get nailed are the people using the software, not the guys horking the programs off on IRC.

  252. .. well ... by Zulu · · Score: 0

    If you don't agree with their policies, don't use their software. Or should I say, don't steal their software.

  253. Hear, Hear !!! We found him !!! by da5idnetlimit.com · · Score: 2, Funny

    We found hin, the guy/gal that actually READS the Eulas...

    So, dear sweet Tooth, can you answer a few questions for the /. crowd ? How does it feel, just after you read a few thousand lines of Mumbo-Jumbo ? do you understand it all ? Do you think you can now remove the IANAL from your posts ? Or did you thonk it is just "the right thing to do" ?

    Next, on Slashdot : AC, or not AC !!!

    --
    It takes 40+ muscles to frown, but only four to extend your arm and bitchslap the motherfucker
    1. Re:Hear, Hear !!! We found him !!! by Mysticalfruit · · Score: 1

      Actually, our legal department reads the EULA and tells us if it's okay to install the software. Yeah, it's usually on version 4 by the time they get back to us, but hey! No suprises that way ;-)

      --
      Yes Francis, the world has gone crazy.
  254. Behaving Reasonably... by CompVisGuy · · Score: 1

    I think that companies who write and sell their software have a right to try and ensure that their software is not stolen. The current economic climate, coupled with the huge hurdle of trying to compete in a market that is dominated by corporations like Microsoft and others with terrible histories of monopolistic behaviour, makes earning a profit from software pretty difficult.

    However, from what I read, US companies seem to take very aggressive preemptive action against people and companies who they have the mildest suspicion of infringing their copyright. For example: BSA Accuses Open Office Mirrors -- there's many more (just read slashdot for a few weeks).

    But these companies, going to great lengths to find and then harass potentially illegal users of their software, are forgetting one very important thing: these users want to use these companies' software. Not all know that they are doing so illegally, and of those who do know, not all are using the software illegally because they don't want to buy licenses. They may be trialling the software, they may have meant to buy a license but have forgotten.

    I would suggest that, if a piece of software detects that it is being used illegally, it should do the following:

    1. Tell the user that it thinks they are using the software without a license, and why (we all know that software makes mistakes -- I had Synmantec Anti-Virus tell me my subscription had timed-out when it hadn't -- you don't want to piss off genuine customers by stopping the product from working!). This gives the user a chance to check if they are legal or not.
    2. Tell the user that the product will operate in a fully-functioning mode for two weeks, to give them time to sort the licensing out.
    3. Ask the user if the software can send their details securely to the software vendor, so that a customer service agent can get in touch and help them sort their licensing out. If the user says no, then that's fine -- the user might want to make the call themselves. Keep operating in the full-featured mode for the two weeks.
    4. After the two weeks, remind them that they are not licensed, and tell them that the product will operate in a demo mode for two weeks (e.g. disable power features and pop-up windows containing 'adverts' for your product -- tell them why it is so great and where and how to get a license. Tell them about licensing options.)
    5. If, after four weeks of subtle hinting to the user that they buy a license, tell them that the product will stop working in 5 days. Give them another chance to submit their details to a customer service agent.

    The other key to ensuring you sell your software is to have simple, reasonable, licensing terms. Don't charge for named users, let the license be able to be passed on. Offer a reasonable pricing structure, take into account home users, students, educational and research institutions and small businesses as well as large corporations. You might need to sell your $1500 per license product to students and home users for $30. So what. This will spread word of mouth and you've bought mind-share.

    Companies that go storming in with the legal stuff just piss users off and give a very bad impression of the software company.

    --


    "The noble art of losing face will one day save the human race"---Hans Blix
  255. Re:From the great Star Wars parody "Troops" by plumby · · Score: 1

    I think (hope) that he was being sarcastic. However, I regulartly read articles in the press claiming that the large percentage of suspects that are found not guilty proves that the court system is loaded too heavily on the side of the defendant, and never seem to consider the option that maybe the police might regularly arrest the wrong people.

  256. This is not a new problem by fadethepolice · · Score: 1

    Arcview 8.1 leaves tcp ports listening AutoCAD 2004 comes with a new "communications center" and windows xp has windowsupdate just make sure you do port scans

  257. This is illegal by terminal.dk · · Score: 1

    They are collecting private sensitive infrastructure information like internal IP address, machine name and MAC address, and transmitting it over an open network.

    This is most likely illegal in most parts of the world.

    Not, if they just sent a message to the local admin it would be ok.

  258. Will I get a letter? by TooLazyToLogon · · Score: 1

    I have a removable hard drive that I use at work, connected to the internet with their IP account. I use it in my home computer, with a different IP account. I use my notebook with a PCMCIA WiFi card at home, a PCMCIA
    ethrernet card at work, and a PCMCIA modem at a friends. Am I in violation?

  259. Try this by Anonymous Coward · · Score: 0

    #1. If it is an illegal copy then you need to pony
    up the dough or remove it. Business that charge people money for services should have to pay for stuff they use right. I'm a programmer and I view it as perfectly legit for a software package to phone home.

    #2. Here is how I keep winbloze from phoning home. I think it works. At least I can no longer connect to windows update.

    # Do not allow our machines to communicate to any machines on Microsoft's network
    # I do not know specific machines so I am dropping all of MS's class B subnet
    DROPMS="FALSE"
    if [ "$DROPMS" == "TRUE" ]
    then /sbin/iptables -t nat -A PREROUTING -p all -i ${PRIVATE} -s 192.168.1.0/24 -d 207.46.0.0/16 -j LOG /sbin/iptables -t nat -A PREROUTING -p all -i ${PRIVATE} -s 192.168.1.0/24 -d 207.46.0.0/16 -j DROP /sbin/iptables -A INPUT -p all -i ${PUBLIC} -s 207.47.0.0/16 -d ${PUBLIC_IP}/32 -j DROP
    fi

  260. Oh, my, god by Bunji+X · · Score: 1

    How can "Linux" become "mainstream"? I guess a few distros could go mainstream (if you by that mean user friendly/used by a lot of users), but then just use whatever other distro you like, slackware, linux from scratch, debian or gentoo. I can assure you these distros won't go mainstream (windows way) any time soon.

    --
    ---
    The combined human population is enough to feed every living tiger for app. 28000 years.
  261. Read the fineprint by ubrgeek · · Score: 1

    If the EULA informs the person doing the install that the app will phone home, then you're SOL. However, if your network/workstations have a logon warning stating that the only authorized use is permitted, then in effect the software's behavior would fall under various electronic "trespassing" laws (see 18 USC 1030).

    --
    Bark less. Wag more.
  262. declare your softwares cabapility by Anonymous Coward · · Score: 0

    programm IN whatever you want.
    phone-home capability if you want.
    but vendor should have to declare it on the box if his software is "phoning home"!

    of course nobody is going to buy it :)

  263. call them, pound your fist on the table... by Patersmith · · Score: 2, Funny

    ...and demand a refund!

  264. and Piracy? by hughk · · Score: 1
    I would love to know when copying without permission became known as "Piracy". For me, an act of piracy is what a hijacker does on an aircraft or what someone does stealing from ships at sea (and murdering people in the process).

    Piracy was a much more emotive word in the 18th and 19th Century when it started appearing in relation to books. Piracy was a capital offence then, travellers and merchants were in fear of it. It meant murder, rape and theft (poss. even slavery) a long way from home. How this became associated with copying, I don't know.

    --
    See my journal, I write things there
    1. Re:and Piracy? by shepd · · Score: 1

      >I would love to know when copying without permission became known as "Piracy".

      Beats me! But, afaik, it's the only single word that legitimately describes copyright infringement. I don't like its connotations any more than you, but at least it is a legitimate description.

      --
      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:and Piracy? by hughk · · Score: 1

      Well, it doesn't seem to match up for me. If you went a definition for piracy, you can always try sailing in the Malacan Straits. There you will find it somewhat different to copying without permission.

      --
      See my journal, I write things there
  265. Re:The right? No. But does it matter? by The+Mayor · · Score: 1

    If you use my software without compensating me, then you are depriving me of money. You see, I get paid for letting people use the software I create. It's that simple. I don't get paid for the act of writing it (i.e. if I take 2x as long to write it, I don't get paid 2x as much). I get paid for the finished product. And, since I license my software, I get paid for the *use* of my software. If everyone were able to use my software without compensating me (after all, their money was never mine in the first place, right?), then I would have no way to get paid! You see, I get paid for people using my software! And by using my software without paying for it, you are depriving me of money.

    --
    --Be human.
  266. Illegal in the UK by julesh · · Score: 2, Interesting
    From the Computer Misuse Act 1990:

    1.--(1) A person is guilty of an offence if--

    (a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer;

    (b) the access he intends to secure is unauthorised; and

    (c) he knows at the time when he causes the computer to perform the function that that is the case.

    (2) The intent a person has to have to commit an offence under this section need not be directed at--

    (a) any particular program or data;

    (b) a program or data of any particular kind; or

    (c) a program or data held in any particular computer.

    (3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.


    It might be a bit tricky to prove condition 1.(1)(c), but I think a good barrister would get it with no question.

    So, unless you authorised the original vendor of the software to acquire the information from your computer that it sends back, they can be given 6 months in prison (or more likely just the fine).
  267. bandwidth? by Anonymous Coward · · Score: 0

    well anyway, decalre in on the box or in the EULA that your software is "phoning-home". but please also include how much data is beeing transmited so i can bill you for the bandwidth you are using and I'M paying for!

    is the new Windows coming out so late (2005?) because MS is busy verifing that all XP copies are legal?

  268. Game consoles require CDs by BlueMonk · · Score: 1

    Nobody seems to have problems with putting the CD into a game console to play it.

    1. Re:Game consoles require CDs by Carbon+Unit+549 · · Score: 2, Insightful

      I wouldn't have a problem with it either if it didn't require that I copy the entire contents of the CD to my hard drive *and* require the CD.

      --

      nohup rm -rf ~/. >& zen &

    2. Re:Game consoles require CDs by WNight · · Score: 1

      People on consoles have been brainwashed into using stupid little gamepads and claiming they like it. They don't even complain about the lack of save-game ability on most consoles.

      If they'll put up with all the other console crap, keeping the CD around is the least of their worries. Poor bastards who can't buy a PC.

  269. Not a court conviction by SirLanse · · Score: 1

    When this calls home, it does not mean a court conviction. It means the BSA storm troopers have a target. So, even if you own the software that phoned home, ALL of your assets will have to pass BSA muster.
    The other part, Does Cliff work for the BSA. A little FUD can get the paranoid to pay up for more software. So Cliff, NAME NAMES! Without names, this is just BS and FUD.

  270. ZoneAlarm by Perianwyr+Stormcrow · · Score: 1

    www.zonelabs.com. It's free (there is a more powerful payware version, which I like) so it won't be spying, and it's well-known.

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

  271. Missing the bigger picture... by Anonymous Coward · · Score: 0

    I read some of the posts. At mod 5, when there were about 50 posts.

    Slashdotters are missing the bigger picture.

    The computer/technical knowledge of the average slashdotter far exceeds the computer/technical knowledge of the average computer user.

    There have been two solid examples, probably a lot more modded less than 5, or to be added later, of situations in which someone would fall under the reporting scenario listed in the story.

    The first would be where more than one copy of an application was purchased for more than one computer, the first box was opened, and only the disk from the first box was used to load the application into multiple desktops. The proper number of copies of the application were purchased, but the additional boxes were left sealed, to preserve the disks and manuals in case they were needed at a later date.

    Been there, done that. More than one application.

    The second situation is games. The one game that I own for windows is Soldier of Fortune. Won it at a lug meeting. Otherwise, never payed for (and never used) any other games that cost money. Not really interested in games that cost money. But, what a dumbass pain in the ass it is to have to find/load/run the cd to play that game. Totally stupid. Especially when the game can (can it?) be duplicated in a cd burner.

    Prior to all this drm bull, I tried finding an easy way to load SOF onto the hard drive so I could play it directly off the hard drive whenever I wanted, without having to hunt down that stupid cd. Since I don't live to play games, I didn't waste that much time looking for the solution to loading SOF onto my hard drive. The one solution I did find, if it was correct, was too complicated for me to bother. Maybe if I was younger, I'd waste the time figuring out how to do it. Not worth my time.

    SOF is no longer an interest to me. I reached the end many times, and its over with. Also, the SOF I have is for windows. I don't know if they make one for linux now, but I wouldn't waste the money on it anymore. From the previous sentence, you can see I use linux now. Have been for the last 2+ years. So I don't have to worry about windows crashes, viruses, or being accused of stealing software. I'm using 100% linux, 100% FOSS software. Nothing on any of my desktops or servers is proprietary software where I can be accused of stealing an application or game. But in the above scenario I just outlined, there are other people in the same situation. They have multiple cd games loaded onto their hard disk. Not to steal it. But to be able to click and run instead of hunting down/wearing out the cd drive (have two dead ones already).

    So your average slashdotter may be able to 1. run cd games from the hard disk, and 2. may have in the past, or still presently, purchased more than one copy of an app, yet left all the boxes still shrinkwrapped except for one that was used to load the individual desktops. With the proper number of copies. As I stated earlier, been there, done that, and I know someone with a small business who has done the same, probably someone else as well, though I haven't asked (have seen three copies of an application, two shrinkwrapped, one opened, on the shelf above one of his computers, and there are three computers in his business).

    So there are two scenarios that your average slashdotter may run into where the software is not actually stolen. Now let's take my case, and two of my friends. Although I'm running linux, I'm too stupid to figure out how to crack a game. And my two friends from the two businesses, one can't even tell you which windows version he's running on his three desktops, and the other can tell you (but he's running dos 6.1 or 7.1, and windows 3.1 so he's been staring at the same operating system for the last ? years (6?, 7?, 8?, 9? 10?). I set him up with a dsl account, and he is still using his AOL client.

    So while the average slashdotter can check/delete the spyware (although this is

  272. Re: lied to? by King_TJ · · Score: 1

    I think your statement is a little harsh there, don't you?

    All I did was state that there are a number of products out there that do double-check to ensure compliance with their respective licenses.

    Office X for Mac (single-user) does exactly what I said, so how am I lying to this guy?

    I've never had a corporate edition of Office X for Mac, as I have yet to work in any corporation that actually used Macintoshes in quantity. (So far, every place I run into them in the workplace, it's isolated individuals using PowerBooks, or a small group (5 or 6 people, perhaps?) using them in one department, and they load all their software as individual versions.

  273. New attack? by Anonymous Coward · · Score: 0

    Hmm, this sort of security feature may lead to new kinds of attack. Consider the following scenario. A black hat knows that company XYZ is running WeBuggedIt 1.1 and that WBI contains self-reporting ware that can be fooled into thinking that it is a pirate edition and then reporting to the WBI legal deptartment. Instead of a loud and obvious DDOS our imaginary villian spoofs XYZ's legit copies of WBI to report themselves as stolen. This sort of attack might not give immediate gratification but given the number of legal hours tied up at XYZ and WBI this style of attack could cost the victims a bundle. Of course no one would ever do something so unethical.

  274. I just need the last six digits by MacFury · · Score: 1

    I bought Final Cut Pro 3 about six monthes ago and installed it on my G4 desktop. Everything was running great, but I wanted to format my drive and reinstall everything. Problem was that I had my serial number sheet...but my baby sister had torn it essentially in half, and I was missing the last sixt digits or so. I called Apple and explained the situation. I could tell them when and where I bought their software, I was calling from the number I registered the product and looking at his computer he was able to tell that I had been a long time apple customer. I needed the serial number that day. His solution; mail a copy of the receipt, upc from the box, and a printout of a form requesting a new serial number. Turn around of a week or more. My solution, which I told him outright, look for either a serial number online, or a cracked version of the software. He said that would be illegal.

  275. Authentix too by Anonymous Coward · · Score: 0

    Authentix(IIS authentication isapi) seems to try and phone home too.

  276. Re:The right? No. But does it matter? by hesiod · · Score: 1

    > And by using my software without paying for it, you are depriving me of money.

    Get your head out of your ass.

    Fact #1: I cannot afford the outrageous prices charged for most software
    Fact #2: Therefore I will not pay for any such software, meaning there is no money to be given to you
    Situation: I want to use "Software Package," just for shits & giggles, to see what it's like
    Action: I "borrow" a copy of it to use on my computer
    Result: Net change? zero, except some bits on my HD were flipped and I can play around with this software. Your bank account has not changed one bit, nor has mine. You have not suffered one bit because I copied "SP" (albeit illegally, I agree). You were not robbed, there's no f'ing way you were going to get that money to begin with. So don't give me this "I'm suffering because you copied my program" bullshit, it's not gonna work.

    I will reiterate that I am NOT suggesting this is legal or should be, I am only pointing out that me using the software & me not using the software have the same end result for you, no matter the conditions, except some of my HD space is taken up.

    I'm not condoning wholesale piracy of software; I am in charge of making sure every single piece of software we have is licensed, and I am 100% sure that they are. I don't even take that software home to use: if I want the same software I'll download a copy from home.

  277. Yes. by Lester67 · · Score: 1

    "Do you feel software publishers should have the right to peer into users data, if their software suspects foul play on the machine, or should it do the easy and intelligent thing and just stop working?"

    Yes. If strong measures are taken to insure that data is NOT sent, and that should legal action follow, personal data is still not compromised (Even if it was created with illegal software).

    This hippie mentality that all 1's and 0's are meant to be free is a little ridiculous. Even the vast majority of OSS writers do so thanks to a day job that pays the bills.

    My $.02

  278. Updated strategy by jtheory · · Score: 1

    ..there are programs on the Internet that will generate infinite activation codes for specific software. This doesn't require any help from authorized activation code holders

    Little glitches like this are pretty strong arguments against disabling your software... it's much safer to see a pattern (i.e., 50+ users have downloaded the latest update using this reg number, or it's a valid reg pattern but isn't in the user database yet) and do something to make pirates nervous (call this automated 800 number, available 24-7, to get the unlock code).

    You'll weed out most of them that way, without costing the legal users more than 30 seconds.

    I think where these anti-piracy techniques really start to go wrong is when the vendor *thinks* they have a foolproof way to id a pirate... and they think they can "take revenge" then. There's almost always going to be that one case that didn't occur to them... and then the vilification on Slashdot begins.

    --
    There are only 10 types of people: those who understand decimal, those who don't, and, uh, 8 other types I forget.
  279. It's okay... by Anonymous Coward · · Score: 0
    ...as long as they put a bright red label on the package that says "WARNING: Lark's Vomit!"

    Anonymous Kev
    Proudly posting as AC since 1997

  280. Re:expensive 900 number by tomhudson · · Score: 1

    It was a joke, dude! I guess you didn't catch the reference to what was happening a decade ago, when peoples' modems were being remotely reprogrammed to dial porn lines (located in South America, so they got both a 900 number bill and a toll call bill).

  281. Re:The right? No. But does it matter? by Anonymous Coward · · Score: 0
    Depends on whether I would have bought it if I couldn't have got a pirate copy. I would never pirate a game - if I like it I've got no problem with spending 20-40 on it.

    However, there's plenty of tools costing hundreds or even thousands of pounds that I'd love to use, but nowhere near enough to justify their cost (e.g., Cubase, PhotoShop). Who would I be harming by pirating this stuff? They would not be getting my money either way.

  282. Impartiality? by shrikel · · Score: 2, Interesting
    Do you feel software publishers should have the right to peer into users data, if their software suspects foul play on the machine, or should it do the easy and intelligent thing and just stop working?

    <rant>

    That's a very loaded question. I don't purport that Slashdot needs to be impartial (like a good newspaper) or anything. But if opening questions are supposed to foster discussion and debate, shouldn't they allow two sides to enter the discussion ground on equal terms?

    I believe in privacy of data, and I usually agree with a good deal of what is said in these forums, but I'm not so zealous that I insist on absolute public anonymity (like some people who often post in these privacy-related topics). My view is unpopular, I know. But it seems like the system here is sometimes designed to (very subtly) push a certain agenda. And that's the editors' prerogative, I suppose, but I can't help but wonder if Slashdot would attract a slightly different crowd (and be somewhat more enjoyable to ME, at least) if it were more focused on expansion of awareness of other people's views than on railing on the same issues again and again with few new ideas ever finding a respected place in the discussion.

    That said, I DO agree in this case with the suggested opinion, but I still would like to hear what others might have to say.

    </rant>

    --
    Any sufficiently simple magic can be passed off as mere advanced technology.
  283. Re:expensive 900 number by tomhudson · · Score: 1
    It was a joke, dude! I guess you didn't catch the reference to what was happening a decade ago, when peoples' modems were being remotely reprogrammed to dial porn lines (located in South America, so they got both a 900 number bill and a toll call bill).

    Mind you, you could probably scan their address book and look for other people's cell numbers, then use a pc-to-sms gateway to spam the shit out of all their friends (one good reason for sms providers to put LONG latency into the front end of their pc-to-sms gateways, and perhaps require confirmation before a message is sent. *#$&#*& spammers)

  284. promiscuous computers by LemonFire · · Score: 1

    I do understand that software vendors wants to get paid for the work they do, however if an installed software application wants to phone home or send information across the wire I want to know about it. I personally have a software firewall installed on my computer, Sygate in my case but there are other alternatives, that will let me know when a software application want to connect to the Internet. I was surprised to see that there were so many applications that wanted to "phone home".
    I personally see the ability to control and limit who my computer software applications talks to as a part of my strategy to keep my computer network secure. A software application's ability to phone home will always be on my terms.

  285. FWIW by carrier+lost · · Score: 1

    I worked on some web conferencing software that would look for a server on the internet when starting up in order to check its registration code in the server's database. If the server could not be found, the software refused to work over the internet (intranet use was unimpeded). If it did find the server and the registration was bad, it would stop working.

    In other words, if you stole the software, you could still use it as long as you didn't attempt to run it over the internet.

    Bad? Dunno...

    MjM

    Groovy. Gear. Mod.

  286. I don't feel to sorry for you... by Anonymous Coward · · Score: 0

    I don't see what the big deal is. I think this just goes with the territory! When you get cracks you should make sure it comes from a respectable group and if your a cracker your going to have to learn to look out for this kind of stuff. More complicated software is going to have more complicated protection. I always see trojans attached to cracks that does the same thing as spyware...

  287. FYI- Little Snitch for Mac OS X by 5n3ak3rp1mp · · Score: 1

    There is a program called Little Snitch if you are using Mac OS X which is a fantastic anti-spyware tool, alerting you to all outgoing connections before they occur. You can create complex rulesets to determine what to allow or block, on-the-fly.

  288. I don't feel to sorry for you by Anonymous Coward · · Score: 0

    I don't see what the big deal is. I think this just goes with the territory! When you get cracks you should make sure it comes from a respectable group and if your a cracker your going to have to learn to look out for this kind of stuff. More complicated software is going to have more complicated protection. I always see trojans attached to cracks that does the same thing as spyware...

  289. I could care less.... by rikkards · · Score: 1

    as long as they do not have a legal grounding to prosecute on. Since they did not have a warrant to search my machine. Technically wouldn't this be considered trespassing?

  290. Honeypot for 'pirates' by DCheesi · · Score: 1

    I'm assuming for the moment that this software only reports back when it sees a problem? (the alternative is too sleazy to merit consideration.)

    If so, it sounds like they've created a "honeypot" copy-protect function for copy-crackers, with a second (real) copy-protect function that's more thoroughly obscured. This is actually a clever idea, and it depends on the cracker not knowing about the backup system. If the backup copy-protection shut down the program, then the crackers would know that they had missed something, and eventually they'd find it. This way, the war3z d00ds think they have a successful crack, until the they C&D'd, and even then they may not figure out how they were busted.

    Of course, the possibility of false positives makes this more troubling (honeypots have to be sought out by the bad guys). But if the original copy-protection system is well designed and sufficiently non-intrusive, then most of the valid reasons for cracking legal copies go away.
    The only other break in the analogy is that honeypots are physically part of the company's servers, not the user's PC. Is this enough to make honeypots ok, but this practice unethical?

  291. What if the licence explicitly allows it? by Anonymous Coward · · Score: 0

    "(E) You accept our right to audit your compliance with this agreement by monitoring computer and product usage."

    I guess if you agree to let them...

  292. Not guilty if ... by dadman · · Score: 1
    .--(1) A person is NOT guilty of an offence if--

    • (a)
    • she causes a computer to perform any function with intent to secure access to any program or data held in any computer;

      (b) the access she intends to secure is unauthorised; and

      (c) she knows at the time when she causes the computer to perform the function that that is the case.
    1. Re:Not guilty if ... by julesh · · Score: 1

      All UK laws are written with the masculine pronoun intended to apply to both genders. In fact, it is fairly common in all kinds of English writing to do this, and this is an understood meaning of the word 'he' which is included in most, if not all dictionaries.

      I understand that some people feel that its usage in this fashion is sexist. It is clear, however, that no sexism was intended when this law was phrased - it is just how all English law is phrased, in a tradition that dates back hundreds of years.

      I don't think there is any reason for complaint here.

  293. inevitable by ajs318 · · Score: 1

    There is a huge difference between quietly refusing to run if a licencing violation is suspected, and actually informing on a supposed "transgressor". The former case does not involve any third parties; it's between you and your computer. In the latter case, something unforgivable is happening. After you have bought your software, it really is none of the vendor's business what you do with it.

    However, this sort of thing was inevitable, and the moral of the story is: Don't used closed-source software. At all. Period.

    Until the law requires that every user of software be given the right to scrutinise the source code, these abuses of power will happen. Closed source is fundamentally no different to slavery. It is exploitation of vulnerable people under a thin disguise of doing them a favour.

    --
    Je fume. Tu fumes. Nous fûmes!
    1. Re:inevitable by Lord+Azrael · · Score: 1

      However, this sort of thing was inevitable, and the moral of the story is: Don't used closed-source software. At all. Period.

      To a certain point i agree with you, but i for example do use open source and just look at the sources, if it is a really security related application or service.

      In other words: Even if you would use open source, most of the people would not read the sources (or be able to understand it at all!) and would not detect that the application if phoning home or doing unwanted things.

      as somebody else stated already: as long as it is written in the EULA and if you have accepted that, it is ok to let an application phone home if you are using it pirated.

      --
      Lord "not Gargamel's Cat!" Azrael
    2. Re:inevitable by ajs318 · · Score: 1

      The EULA is not a contract, and there are certain rights that cannot be given up by entering into a contract {Unfair Contract Terms Act, 1977}.

      Whilst I note your point that not everyone is able to scrutinise the source code themselves, at least they have the option to show it to an independent expert who is not in the pockets of the vendor. With closed source software, you haven't got that right. The only right you have is to bend over and be quiet, and the only control you have over events is that if you don't struggle then it won't hurt so much.

      Also, there are many independent experts who spend their time just examining source code for fun. It only takes one person to point out what a piece of software is really doing. This is known by the people who write Open Source Software, so they generally don't like to write software that people might say nasty things about.

      And anyway, it is impossible by definition for Open Source software to be pirated ..... sort of like a nude transvestite ..... I wish I could think of a better example than that.

      --
      Je fume. Tu fumes. Nous fûmes!
  294. Doesn't by phorm · · Score: 1

    CuteFTP Pro do this? I remember that at my old job I couldn't find my license so I just used a keygenned one. When I fired up the program, the first thing it did was call home and check its key - returning that it was not a valid registered key. Took me quite awhile to track down our real (legit) key so that I could use the thing, how annoying

    (I later found though, that disabling the network connection when the app started would cause it to skip the check).

  295. Bottom Line on Pirated Software by Peterius · · Score: 1

    The bottom line is that it is IMPOSSIBLE to keep people from pirating software. You can only make it very difficult. If its running on their computer, they can disassemble it and crack it. Its like those people who video tape movies. If you can see the movie, you can record it somehow regardless of what kind of crazy invisible visual artifacts are implanted. Until we have computers that are locked to the user and can't be opened(I mean the case itself), all software can be cracked.

    In terms of a privacy issue, as long as this feature of the software is mentioned in the EULA, this seems fine. If you're a legitimate user, whats the problem. If you're not, you'd bypass the system anyway.

  296. That's bad French by Anonymous Coward · · Score: 0

    It should be more like

    'En cliquetant sur cet accord, l'utilisateur ecrit une obligation legale de nous payer quelque quantite *que* nous choisissons, et pour tous les raisons dont nous pouvons penser."

    I'm not good enough to be positive about this yet though

  297. So then it's all right by phorm · · Score: 1

    If I set up a secret camera in your car, just to be sure you aren't speeding. After all, we're not hurting you so long as you don't break the law, just taking down existing information.

    Oh, and the shopping habits that we've catalogued for the last three years... no worries about those either, right? After all, we're just checking so that we can inform of product that you likely want to buy, it's to your benefit.

    Oh, and while we're at it, we'll be sneaking into your house and checking every VHS tape, DVD, and CD, just in case you have any burned copies of something we own.

    Of course, if you don't like us spying you don't have to agree to this... but seeing as though it's happening without anyone frigging telling you then what you don't know won't hurt you, will it.

    Hello??? *knock* *knock*, is my point getting through yet?

  298. Is it legit if by phorm · · Score: 1

    The 3rd clause on page 55 of the EULA states you must give up your firstborn to company X? No, of course not.

    Ok, that's a little dramatic. I'd say that if it was being fairly obvious that it was installing spyware. Say, a fairly visible clause that states "will install software that will report X Y browsing habits, email address, etc to our affiliates for the purpose of advertising good to you" then I would say... maybe. The software is still going to be sending them information, but can a spy really by a spy if he's jumped up and say "hey, here I am, I'm not really an FBI agent I'm on KGB payroll." Probably not....

  299. Nope by phorm · · Score: 1

    The legit user bought the system knowing that it had phone-home anti-theft. The thief may become a user, but he isn't a legit one.

    None of us are saying that the person using a "pirated" version of the software is legiticized in doing so, just that not all users that appear to be pirating are doing so, and that this function is hidden so it is a violation of privacy.

  300. And if by phorm · · Score: 1

    It's connecting to the outside world through port 80, on a connection through an IE widget?

    Really, are you going to log and scan every bloody internet connection? Maybe if you're lucky you notice a light on your modem/hub blinking when it shouldn't be, or do a netstat sometime and see a connection to a server you don't remember connecting to, but you should be able to reasonably expect that you are secure (as per open relay, there are other signs, and periodic checks work well enough.)

  301. Spyware or Not... by virg_mattes · · Score: 2, Insightful

    > And, duh, how do you propose to complete the loop on that one? The only thing that could "prove" someone guilty is software that is checking itself in the first place, which you appear to declare shouldn't be done unless one is guilty to being with. Hoist by your own petard, or caught by your own 22 as it were.

    Hoist by your own, sir. The fact that it's difficult to prove someone guilty does not excuse violation of my privacy rights to make their jobs easier. If they have reason to believe I'm stealing, they can press for a BSA-style audit. If they can't get enough proof for that, that's not my problem. Would you allow police to come into your home without a warrant or probable cause to search for illegal drugs just because that would make it easier for the police to catch drug dealers?

    > Any piece of software that has a price tag has the absolute right to 'protect' itself against use that is inconsistent with the software license.

    Um, this is limited by proper consequence. That protection must not break any laws or perform actions that are considered excessive. Besides, if I buy a piece of software legally, and then it serreptitiously sends my MAC address to its author, you'd have a very hard case proving that it's defending itself from inconsistent use, unless you agree with the logic put forward in the last paragraph.

    > This hue and cry over privacy in this regard is so tiresome and is mainly from those trying to keep 'private' the fact that they're too damned cheap to pay for something they want to use.

    Here's the relevance problem: the same hue and cry that pirates use is also applicable to falsely accused, legitimate users (and in the cases of some spyware, innocent bystanders). The fact that some of the affected parties are guilty does not excuse the fact that some are not.

    Virg

  302. Re:The right? No. But does it matter? by Anonymous Coward · · Score: 0

    If ... was being put in place by the police, ... On the other hand, this is being done by a private corporation which has far more rights.

    I understand what you're saying. But wow is that a sobering thought.

  303. Re:The right? No. But does it matter? by poot_rootbeer · · Score: 1

    Think about LoJack, the car anti-theft mechanism, that tracks the car. Isn't that effectively the same thing?

    No. If the LoJack device reported back the driver's license and social security numbers of the person who stole the car, THAT would be the same thing.

  304. Re:From the great Star Wars parody "Troops" by Moose4 · · Score: 1

    God, I wish I had mod points right now. Mod this guy up.

    "And if ya don't be quiet, I'm, aaaah, gonna shoot ya!" Never knew they were recruiting stormtroopers from North Dakoooota and Minneesooota...

    --
    "Settle down, Beavis. We've got an experiment to do."
  305. Yaaaaaar! by ChaosDiscord · · Score: 1

    I thoughts it strange that the Queen's Navy had been so successful at trackin' me down lately. I'll keelhaul me first mate for installing that software on my ship!

  306. Yup by Anonymous Coward · · Score: 0

    and 2 wrongs don't make a right.

  307. Re:From the great Star Wars parody "Troops" by Anonymous Coward · · Score: 0

    I cant beleve all but one of you missed the Troops referance.

  308. As someone who has worked supporting windows by Ex-MislTech · · Score: 1

    I have to agree with the parent comment .

    I have found ALOT of users in common businesses that
    do not bother to fully learn windows .

    I am not talking about control panel, and
    systems settings, etc etc .

    I am talking about ppl not knowing how to
    Copy-n-Paste .

    I am talking about ppl who still click on viruses
    after they have been told to not click on
    attachments from ppl they do not know .

    Even try to make something idiot proof,
    and they will build a better idiot .

    I have worked at other places such as Cisco where
    the majority of ppl knew what they were doing quite
    well, and Linux could become mainstream there .

    Though Cisco was pretty Sun loyal while I was there
    in their lab environment, laptops were Win2k @ the time .

    Redhat, mandrake and a few others "might" become mainstream,
    but it still going to be awhile, especially for equal
    level driver support .

    Peace,
    Ex-MislTech

    --
    google "32 trillion offshore needs IRS attention"
  309. Re:The right? No. But does it matter? by Anonymous Coward · · Score: 0

    If this spyware were the same thing as Lojack, the car would have remotely started itself, stolen the drivers wallet and driven itself back to the fucking dealership. Poor comparison.

  310. I'm surprised they actually send emails out... by WoTG · · Score: 1

    The version of Accpac I sometimes use at work launches a web page (presumably with bits of info in a GET or POST) when it "detects" an invalid license. The thing is, we do have proper licenses - installed properly too! The first time I saw it, I freaked out a little... but nothing happened. No AccPac police ever showed up. I've since realized that it's probably because the check is buggy and inconsistent. So much so that I'm sure that they can't do any productive followups because of all the noise caused by validly licensed users.

  311. No save games? by yerricde · · Score: 1

    People on consoles have been brainwashed into using stupid little gamepads and claiming they like it.

    Do you really think you could play Mario or Sonic games on the keyboard and get a better score than you would on a PS1 style gamepad?

    They don't even complain about the lack of save-game ability on most consoles.

    Game consoles have been saving games since The Legend of Zelda, published by Nintendo in the late 1980s.

    Poor bastards who can't buy a PC.

    A 27 inch TV costs $250. How much does a 27 inch PC monitor cost?

    --
    Will I retire or break 10K?
    1. Re:No save games? by WNight · · Score: 1

      You can get gamepads for the PC for $10 if you want one. But you aren't forced to play Counterstrike with it.

      And yeah, the Zelda saves games. Sure. Zelda64 had a pathetic savegame feature. It knew what time you'd opened up, and which bosses you'd beaten, but that was about it. Walk across a cleaned out area and it's full of monsters again, walk into a dungeon and it's full of monsters again, etc. How many bytes did they put into this cool feature? 8, maybe? Ditto with games like Metal Gear solid, they simply store which save point you've reached.

      Sure, a TV is better, but you sit closer to the computer and it looks a hell of a lot better. I can play PC games in 1600x1200 with high-res textures. The TV gets "free anti-aliasing" because the quality is so low, but that's about it. Blurry, or detailed. Take your pick.

  312. Banking monopoly by yerricde · · Score: 1

    And yes, I asked and chose NOT to open a bank account at a bank which required me to use Windows.

    How did you get this choice? In many towns, there is only one bank with ATMs. Example: Terre Haute First National Bank, whose web interface required IE until recently, is pretty much the only bank in Terre Haute, Indiana.

    I tend to use the DVD player for DVDs and the Mac when I'm on the road. The Mac software is licensed.

    For Linux/x86 users, installing the DVD software for Macs costs at least $1,000, which includes the cost of purchasing a new Macintosh computer. Most DVD players don't have VGA output either; many people (I'm thinking college students) would have to 1. buy a TV, and 2. rent enough extra space to hold a TV.

    --
    Will I retire or break 10K?
  313. ...DEAD HORSE BEATS YOU by yerricde · · Score: 0, Offtopic

    It's old.

    And you probably aren't as skilled as Yakov.

    So stop making "Soviet Russia" jokes unless you can think of something original.

    --
    Will I retire or break 10K?
  314. Console multiplayer by yerricde · · Score: 1

    Blurry, or detailed. Take your pick.

    On the PC, I can get 1600x1200 pixels. Can I get those pixels on a huge display that four people can comfortably sit around? Giving each player his own display costs several times more of the family budget than connecting four input devices to one console and using a non-first-person game design such as that of Bomberman, Super Smash Bros., etc.

    Sure, same-room multiplayer doesn't work against people in another state, but broadband is expensive too, and speed-of-light limitations still add quite a bit of latency.

    --
    Will I retire or break 10K?
    1. Re:Console multiplayer by WNight · · Score: 1

      Most people who say consoles are better are trying to say that the same type of game, RPG, or Racing game, or whatever, are better on a console, which simply isn't true.

      If you're talking about party games I think a console probably is better. If you're talking about side-scrollers there probably isn't much of a difference.

  315. EULAs by Tidal+Flame · · Score: 1

    I agree with those who said that because of the EULA, you're accepting this as long as you're using the program, but how far are we going to let EULAs go?

    " Fig 10.13 - By using this software, you agree to be fucked in the ass by a burly man."

    How many people actually read the EULAs? I know you're supposed to, but I think it's a bit outrageous that you can get away with spying on someone because you said you're allowed to in the software's license. I think that companies who are going to perform actions like that should be forced to either write up a simpler version of the EULA along with the normal one so that the user doesn't have to spend half an hour trying to sort out the relevant information from the pointless legal junk. That or they should at least highlight key points.

  316. Because the application is... by Anonymous Coward · · Score: 0

    FlashFXP!

    Yes, that's right, the parent has twigged which major application is the furthest in stupid anti-piracy excuses for bad behaviour. Good old Charles DeWeese, the original Rabid Shareware Author.

  317. Re:The right? No. But does it matter? by Anonymous Coward · · Score: 0

    Nor is fucking over your legitimate users because of your assumptions that pirates are incompetent. Copy protection is bad, stupid and wrong. The existence of piracy in no way justifies idiotic copy protection measures.

  318. Not everybody is a coder by yerricde · · Score: 1

    If you _support_ the Free Software Movement, shouldn't you be coding an open-source EDA tool that doesn't suck, instead of waiting for others to do it for you?

    Not everybody has both sufficient knowledge of computer science and enough cash with which to feed oneself while writing an open-source EDA tool.

    --
    Will I retire or break 10K?
  319. EULA on the outside of the box by yerricde · · Score: 1

    Where did they get the idea that they could tack restrictions on my right to click a button on a piece of software I've already purchased, anyway?

    Conspicuous text on the outside of the box: "Your purchase of this package indicates your acceptance of the following terms: Publisher is not willing to sell or license the enclosed Software to you except under the terms displayed when you install the enclosed Software. If you do not agree to the enclosed terms, you hereby agree to return the entire contents of this package for a full refund of the purchase price." How would you weasel out of that?

    In fact, what if the EULA were printed on the box?

    --
    Will I retire or break 10K?
  320. Yes, but copyright infringement != larceny or GTA by yerricde · · Score: 1

    How is a software thief any different than a car thief?

    A person who commits grand theft auto deprives the owner of the car of the use of the car.

    A person who copies a work and infringes the copyright deprives the owner of the original copy (who is an end user) of precisely nothing. He almost certainly does not deprive the copyright owner of the full suggested retail price of the lost sale, as he probably would not have bought a copy anyway.

    --
    Will I retire or break 10K?
  321. Re:The right? No. But does it matter? by ameoba · · Score: 1

    The problem is that this software is most likely sending all this data to the manufacturer even when the software is legit. Beyond the tinfoil hat aspects of this, I'm sure having an untrusted sofware send whatever data it feels like back to a 3rd party flies in the face of several legal obligations that can be placed on businesses (such as HIPAA, various educational confidentiality laws or working on clasified gov't projects)

    --
    my sig's at the bottom of the page.
  322. the publisher is by Anonymous Coward · · Score: 0

    Ad Muncher, which you can find here.
    See, the program does a server check (which the newest cracks fix) for bad keys, then outputs a message to the effect that the offending IP address etc. have been logged and lawsuits are pending (not exactly verbatim, sorry).

    If that lawsuit actually came to fruition, however, most users of the software would have no problem getting out with no scar - if you use the keygen to get a serial and register the app, then it immediately phones home even if you still have 30 days left of trial! So, effectively, a user can be threatened with legal action even when the program is still within 30 days of usage even though the click-through agreement says 30 days of trial are OK.

    As a funny aside, I used Ad Muncher 4.5 w/bad serial just to evaluate the program, since I don't purchase phone-home-ware, and it was during my first few hours of use that I was threatened with this bogus lawsuit. Minutes later, McAfee (on-demand scanner, NOT a scheduled scan) detected viruses in ALL THREE archival copies of Ad Muncher beta versions stored on my machine (all downloaded from different sites), while no other programs were infected. I killed Ad Muncher's running process, and haven't been infected since. Since I'm behind a firewall, and scan everything every two days, and the AV definitions were several days old, I must assume that a running process infected my backups of Ad Muncher somehow, and the likely culprit is Ad Muncher.

    Life calls, gotta go, enjoy.

  323. Umm why bother? by Anonymous Coward · · Score: 0

    One would think that in this era one couldnt trust a mac adress to be real... I mean mine doesnt stay the same from day to day nor does my ip. So why bother? I could prove in a court of law that you could NOT connect me or my IP to much. IE: what if someone was using my pc remotly? I could give you a lot of plausable situations that happen every day, without a users knowledge. I would bet that a company using such methods would include a short burts about it in the terms of service when you click the little "I accept" One would also think to only find this sort of thing effective in apps/utils aimed at users who dont use firewalls (that would exclude alot of buisnesses). Unless that is, it was put in as part of the auto update scheme... and that would make sence because updaters check whaterver thety like however they like. One big problem, thier information would be flawed... uncooked sockets would seem to enable full packet forgery (on most home users pc's!) anyway so again... whats the point?