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Why the BSA Is Less Reviled Than the RIAA
Hugh Pickens writes "The Business Software Alliance (BSA) is a trade group established in 1988 representing a number of the world's largest software makers whose principal activity is trying to stop copyright infringement of software produced by its members, performing roughly the same function for the software industry that the RIAA performs for the music industry. Yet, as Bill Patry, author of a 7-volume treatise on US copyright law and currently Senior Copyright Counsel at Google, notes on his blog the BSA is a 'far less unpopular organization' than the RIAA because there are three key differences between the BSA's campaigns and the RIAA's. First, BSA's members have always offered their products for sale to the public, through any channel that wants to sell them. Second, BSA's members are consumer-oriented; they try to develop products that respond to consumers' needs, and not, the reverse: focusing on what they want to sell to consumers. Third, because consumers can easily purchase BSA's members products, those who copy without paying are simply scofflaws. 'I think the fact that the public does not object to BSA's campaign proves my point [that]... people do not want things for free; they are willing to pay for them,' writes Patry. 'It should not be surprising that when consumers are not treated with respect, they react negatively. That's something the software industry learned long ago, and that's why people don't object to the BSA's enforcement campaign.'"
Let's not forget the Ernie Ball story.
Help stamp out iliturcy.
Tenenbaum committed his acts before Amazon's DRM-free MP3 store went online. He got caught in the vortex of the learning curve that the RIAA is currently going through that the BSA has already finished.
I went through the SAM process as well this spring...leave it to Microsoft to find another revenue stream during a recession... But regardless, the rep I had was pleasant to deal with, taught me a little bit about licensing, and in the end we discovered that I was legitimately short one license of MS Office. So I bought it. He could have been a jerk and given me hell about some CAL's that were not exactly perfect, but he didn't. I run a clean shop...sure a SAM audit sucks, but all in all, it was as pleasant as a software audit could possibly be. And I know numerous other sysadmins who had perfect SAM audits, not requiring a single purchase.
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I know second hand from a colleage at another business what happens when a company tells the BSA guys to leave the property. They will leave, but several hours later, they show up with the constable and a formal motion of discovery.
When the BSA shows up, they want two things: A list of software that your boxes are running, and invoices. No, the pile of license cards that is shoved in the corner near the beer fridge will not do. They want to see invoices from CDW or another company of how many seats are purchased and when.
I'm lucky. When the BSA showed up at places I was administrating, I had a software audit tool on machines (actually part of a general monitoring package.) I also had a file cabinet of printed invoices (my mentor in the IT industry told me to have EVERYTHING on paper when it comes to licenses because a single piece of paper can be worth easily seven digits). The whole encounter lasted about 15 minutes when the BSA guys saw that the licenses purchases were more than the licenses in use or deployed.
Reason they were called? Some guy got fired several weeks earlier, and decided call the BSA and SIAA just to cause trouble. Funny thing is that the BSA guys usually will come out once. If they find everything in order, subsequent complaints by people will end up being ignored.
Moral of the story: If you are running a business, grab one of the audit tools offered free (and none of them will phone home and rat you out), see if you can get printed copies of invoices. Then have it in a file cabinet ready to go. Keeping your firm's ducks in order is the difference between them leaving and them making an offer your company cannot refuse (in Godfather terms.) Obviously, if your business isn't all licensed, get that shit fixed as soon as possible. Better a couple hundred to slap a COA sticker on a Mac running Windows than five digit numbers going to a law firm because of IP infringement.
The RIAA doesn't care if you make a copy of an audio CD for different machines in your own house.
Are you not paying attention, or what?
One of the most fascinating admissions during the legislative hearings a few years ago was when the RIAA rep said yes, indeed, if you copy a CD so you can keep one in your car and not risk damage to the original, you ARE infringing copyright and you SHOULD buy another. Thus spake RIAA, Amen.
As I recall, Orin Hatch made a big deal out of his having his own CD and how he was violating copyright by having a copy in his hand at the desk.
This was back around the time Napster was being raped, and Lars/Metallica were making complete asses of themselves insulting their fans.
I've always wondered what happens if you refuse to let them onto your property. Presumably their only recourse would be to sue you and obtain access to your computer systems through the discovery process. Given the "speed" with which the court system moves I wonder if you could have the whole operation switched over an open source movement by the time it reached that point?
Please look up the following terms on google. felony software piracy conviction and statutory damages. Basically the first thing means that the person deciding has a choice between paying over the companies (shareholder's) money or personally going to prison. It becomes an easy decision.
Alternatively what happens if you claim trade secrets or privacy restrictions (HIPAA?) on your computer system?
You have a contract which says you have to let them audit you. If you fail to deliver, you are liable anyway. If you destroy evidence then you are in deep trouble and any court will likely treat it as if the evidence was all against you. In the end, that means that you deliver the systems to them and have to find a way to do it whilst satisfying the HIPAA restrictions. In other words, you have to use much more expensive investigators with appropriate clearence for whatever they are reading and techiques which don't involve reading restricted data. In other words, you pay more.
the only way to completely avoid such an audit is to have no software licensed from a BSA member. For small companies this is seriously worth considering.
=~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
The BSA came down really hard on Ernie Ball. They were going to make an example of him and it backfired. They were smart enough not to try the same stunt again.
When I saw TFA, my first thought was Ernie Ball. The first post is about Ernie Ball. It is to BSA's credit that they only made that mistake once. The RIAA, on the other hand, seems to get it wrong time after time.
I think that very much entirely depends on what you consider "intrinsic value."
I think you have a faulty understanding of the word "intrinsic." Since enjoyment and satisfaction are immeasurable and differ from person to person, thus are imbued by the user, that's an "extrinsic" value. Intrinsic means that it has certain specific values at all times. That value may mean more or less to a specific person, just like a sandwich means more to a starving man than one who's just finished a large supper, but it still has the same specific value of nutrition and energy imparted.
Every attribute you ascribed to music is extrinsic. Doesn't make you incorrect about there being value, just what type it is.
Canada: The US's more awesome sibling.
Repeat after me: Jury Nullification.
This is one thing that every citizen old enough to be called into jury duty should know about. Cases with laws this unjust should never get past a jury.
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How is it that you can use a computer and yet be functionally illiterate?
I'm mad because I have a Server 2003 install with a 5 CAL pack that, according to the SAM rep, was invalid because I bought it retail as opposed to through volume licensing (because, apparently, the server software was bought through volume licensing).
Now go and shove pencils up your nose, or some other menial activity that's likely within the limited scope of your intellectual abilities.
The world's burning. Moped Jesus spotted on I50. Details at 11.
Two other reasons they are less reviled:
1) They go after counterfitters, and companies. The tactics used on companies are greasy, but they aren't going after children, single mothers, and cripples as the RIAA is.
2) RIAA and it's member companies screw over the artists they are supposed to represent. If BSA was taking well over 90% of the action they would be more unpopular than they are.