Slashdot Mirror


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?

74 of 1,013 comments (clear)

  1. 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 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.

    2. 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.

    3. 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.

    4. 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.
    5. 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.

    6. 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"
    7. 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
    8. 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.

    9. 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

    10. 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
    11. 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
    12. 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.
    13. 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
  2. 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 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?

  3. 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.

  4. 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 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
    2. 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.

    3. 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.
  5. 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.

  6. 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!

  7. 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 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
    2. 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.

    3. 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.

    4. 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
  8. 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...!

  9. Don't you have a firewall? by bucketoftruth · · Score: 2, Insightful

    filter the ports at your firewall. Problem solved, right?

  10. 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
  11. 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 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.
    2. 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.

  12. 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?

  13. 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...

  14. 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.

  15. 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."

  16. 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.

  17. 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.

  18. 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...

  19. 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.

  20. 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!

  21. 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.

  22. 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?

  23. 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.

  24. 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..."
  25. "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.

  26. 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

  27. 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.
  28. 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
  29. 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
  30. 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.

  31. 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
  32. 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!

  33. 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.

  34. 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
  35. 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.....

  36. 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.

  37. 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.

  38. 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
  39. 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. =)
  40. 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.
  41. 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.

  42. 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-

  43. 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".

  44. 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.

  45. 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.

  46. 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.

  47. 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!
  48. 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 &

  49. 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
  50. 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

  51. 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