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Did Microsoft Borrow GPL Code For a Windows 7 Utility?

Goatbert writes "Rafael Rivera over at WithinWindows.com has found evidence that Microsoft has potentially stolen code from an open source/GPL'd project (ImageMaster) for a utility made available on the Microsoft Store to allow download customers to copy the Windows 7 setup files to a DVD or USB Flash Drive. If Rivera's evidence holds up, this could be some serious egg in the face for Microsoft at a time when they're getting mostly good press from the tech media."

493 comments

  1. "Obviously lifted" not so obvious by BadAnalogyGuy · · Score: 4, Insightful

    The code in question seems to be called into scrutiny because the two areas of code bear the same name (ReadBytes) and operate similarly.

    The longer you work in the development of software, the less magical it all becomes. The first time you plugged some code into a terminal and it worked, it seemed like an amazing amount of wizardry and behind-the-scenes stuff that you could never fully fathom. Compilers, binary code, arcane source languages, electronic signals. It's amazing to a neophyte just how much stuff is going on.

    But the longer you plug away at it, the more you realize that it's just code. Nothing special is really going on. You're mostly moving data from one area of memory to another. It's almost a form of Nirvana once you reach this point.

    So when someone comes along and says "OMG YOUR READBYTES METHOD IS JUST LIKE THIS ONE IN SOME GPL CODE!!!!11", it kind of pegs that person as someone who doesn't really have much experience with real programming. Sure, they may use a lot of tools, and know how to recompile their kernel, but they really don't have a firm grasp of what and why they are doing what they are doing.

    1. Re:"Obviously lifted" not so obvious by caffeinemessiah · · Score: 5, Insightful

      The code in question seems to be called into scrutiny because the two areas of code bear the same name (ReadBytes) and operate similarly.

      (bold mine)

      Actually, if the function is just something called "ReadBytes(char *buf)" or similar, then that's a bit strange. If it was truly Microsoft-written, it would be:
      WINAPI DWORD ReadBytesW(LPCSTRWRAAXA szCharBufW_x, struct READBYTESINFO *srbinfArgs).

      --
      An old-timer with old-timey ideas.
    2. Re:"Obviously lifted" not so obvious by Anonymous Coward · · Score: 0

      Alternative theory: It was merely an example.

    3. Re:"Obviously lifted" not so obvious by jdkane · · Score: 4, Informative

      Except that a truly Microsoft-written ReadBytes method on the .NET Framework can be that simple, for example one int parameter http://msdn.microsoft.com/en-us/library/system.io.binaryreader.readbytes.aspx
      So I wouldn't even jump to conclusions based on the signature of the method in question as to who it might have come from.

    4. Re:"Obviously lifted" not so obvious by caffeinemessiah · · Score: 4, Informative

      Except that a truly Microsoft-written ReadBytes method on the .NET Framework can be that simple, for example one int parameter http://msdn.microsoft.com/en-us/library/system.io.binaryreader.readbytes.aspx [microsoft.com]

      There's a difference between a calling a method, where the object has internal state, and a C Win32 API function call, i.e., sans objects. I absolutely guarantee that you won't see many pretty signatures in the Win32 API. I'd bet that 99% of the Win32 API function SIGNATURES won't make it through a standards-compliant compiler without Windows.h. Anyway, my comment was supposed to be funny, but on second thought, it might actually deserve that informative mod.

      Don't even get me started on the dual-version ANSI and Unicode functions, although given the mess that the Win32 API is, it's probably an elegant solution.

      --
      An old-timer with old-timey ideas.
    5. Re:"Obviously lifted" not so obvious by VGPowerlord · · Score: 2, Informative

      Except that a truly Microsoft-written ReadBytes method on the .NET Framework can be that simple, for example one int parameter http://msdn.microsoft.com/en-us/library/system.io.binaryreader.readbytes.aspx [microsoft.com]

      There's a difference between a calling a method, where the object has internal state, and a C Win32 API function call, i.e., sans objects. I absolutely guarantee that you won't see many pretty signatures in the Win32 API. I'd bet that 99% of the Win32 API function SIGNATURES won't make it through a standards-compliant compiler without Windows.h. Anyway, my comment was supposed to be funny, but on second thought, it might actually deserve that informative mod.

      Don't even get me started on the dual-version ANSI and Unicode functions, although given the mess that the Win32 API is, it's probably an elegant solution.

      I was under the impression that we were talking about a function in a program, not an API call.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    6. Re:"Obviously lifted" not so obvious by tonycheese · · Score: 1

      Aw... who labeled this "troll"? It's a joke, come on!

    7. Re:"Obviously lifted" not so obvious by rescendent · · Score: 1

      If its reading a standard header of a standard format (e.g. iso) I assume there aren't that many variations - without starting to write weird unnecessary code

    8. Re:"Obviously lifted" not so obvious by TheRaven64 · · Score: 2, Funny

      Someone who knows that the real version would be called ReadBytesEx() because the first version didn't properly support some of the options required and they needed to maintain ABI compatibility.

      --
      I am TheRaven on Soylent News
    9. Re:"Obviously lifted" not so obvious by tygreen · · Score: 1

      and as I understand the way copyright currently works, if a piece of code DOES the same thing, it's infringement. different language isn't a valid defense. but, Microsoft has stolen code before and not changed it just added it as is. Personally, I'll be REALLY happy if the Supreme Court does rule that software is not patentable and is free like free speech (i.e. it still requires some responsibility on your part and your can't just yell in the middle of a public place that someone is an effing when there are no facts) but that's my 2 cents.

    10. Re:"Obviously lifted" not so obvious by ozmanjusri · · Score: 4, Informative
      The code in question seems to be called into scrutiny because the two areas of code bear the same name (ReadBytes) and operate similarly.

      The ReadBytes code was just one example

      If you read TFA (yeah, I know...) you'll see the author has updated that original example with others.

      It looks like Microsoft's defence will be that the EULA says "“You may not reverse engineer, decompile or disassemble the software". They'll probably charge the guy with a DMCA violation...

      --
      "I've got more toys than Teruhisa Kitahara."
    11. Re:"Obviously lifted" not so obvious by cwebster · · Score: 2, Informative

      You are getting copyright and patent confused. Copyright protects the words, not the process. Copyrighting a software program used to be registered with the same form a book was. If they cut and paste a bunch of copyrighted code, that is infringement. If they change it slightly, that is an unauthorized derivative of the work. They can however come up with a clean-room solution where someone who has never seen the code comes up with something that looks exactly like it, and that is not infringement because they did not copy the code.

      Patents on the other hand dont protect the implementation, they protect the idea/process that is being implemented. In that case no matter what language/program/style/etc you wanted to use, if you implement a patented process you are opening yourself up to lawsuits. This allegation has nothing to do with patents though.

    12. Re:"Obviously lifted" not so obvious by ShadowRangerRIT · · Score: 2, Informative

      You misunderstand copyright. Copyright protects a particular expression of an idea, not the idea itself. You're thinking of patents, which are completely different. The GPL is copyright based, not patent based. A perfectly valid way to bypass the GPL is to, source unseen, re-implement the function to mimic the behavior of the desired GPL function. So no, if Microsoft happened to write the exact same function from scratch without reference to GPL source code, it's not infringement.

      --
      $_ = "wftedskaebjgdpjgidbsmnjgcdwatb"; tr/a-z/oh, turtleneck Phrase Jar!/; print
    13. Re:"Obviously lifted" not so obvious by X0563511 · · Score: 1

      Which is great, because they themselves offer debug symbols and checked builds.

      One hand giveth, the other taketh away.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    14. Re:"Obviously lifted" not so obvious by homesnatch · · Score: 1

      No... the ReadBytes function was just one of the examples... The author has since replaced the ReadBytes example with another called "ReadLogicalDescriptors"

      http://www.withinwindows.com/wp-content/uploads/2009/11/example1.png

    15. Re:"Obviously lifted" not so obvious by Fear+the+Clam · · Score: 1

      Actually, if the function is just something called "ReadBytes(char *buf)" or similar, then that's a bit strange. If it was truly Microsoft-written, it would be:
      WINAPI DWORD ReadBytesW(LPCSTRWRAAXA szCharBufW_x, struct READBYTESINFO *srbinfArgs).

      Fot God's sake, man, don't post that three times!

    16. Re:"Obviously lifted" not so obvious by Anonymous Coward · · Score: 0

      Microsoft steal from another company Never LOL. isn't that what they do? This company has never innovated anything

    17. Re:"Obviously lifted" not so obvious by eggnoglatte · · Score: 2, Insightful

      Especially in this case: the example code is part of a parser. Guess what, when you write a parser for any kind of file format without using a formal grammar tool, the most natural way to do it is read the individual components in the order the file format presents them. So the structure of the code is very much determined by the file format, and you have to expect a lot of similarities between different implementations, even if they were done completely independent of each other. Constants like the value 400 seem like arbitrary choices at first glance, until you realize that those offsets are part of the file format spec...

      The code snippet that is provided in TFA stops in the middle of a for loop. I wonder why? Was the rest just not similar enough for a sensationalist article?

    18. Re:"Obviously lifted" not so obvious by Anonymous Coward · · Score: 0

      But the longer you plug away at it, the more you realize that it's just code. Nothing special is really going on. You're mostly moving data from one area of memory to another. It's almost a form of Nirvana once you reach this point.

      You're so close to real computing nirvana, but you're still thinking like a procedural programmer. It goes further than "it's just code". The following are all equivalent (if a bit vague -- details are left to the reader. It's a fun exercise):

      1. There is no substantive difference between data and code. Similarly, there is no substantive difference between a "function" and a "program".
      2. Every program is an interpreter for some language.
      3. Every program is composed of a parser, a functor on the underlying type, and a renderer.
      4. Every program unfolds a data structure/value, applies a functor the the unfolded data structure, and folds the resulting data structure.
      5. Every program, under the decomposition described in 4, is a monad. (Of course, this is why Haskell uses the IO monad to represent IO "actions" from the program's perspective. The IO monad is doing part of the parsing/rendering for us. Haskell's pattern matching facilities do some basic parsing for simple function calls)
      6. Every monad defines semantics for evaluating a type. (So every program is a set of semantics for evaluating a type)
      7. The computation of any program is the performance of a constructive mathematical proof.

      Getting from 6 to 7 is not too hard, but requires some category theory even to guide intuition. You basically need to map (input, output) pairs to (input, output, Bool) values and project down into the third coordinate to make new monad (an "interpretation") for the data structure in terms of Boolean values.

    19. Re:"Obviously lifted" not so obvious by The+MAZZTer · · Score: 2, Insightful

      Why don't you check it yourself and find out instead of calling someone a liar with no evidence to back your claim? I mean really, if what you're saying is true, it should be trivial to produce the mismatched code samples, right?

    20. Re:"Obviously lifted" not so obvious by Anonymous Coward · · Score: 0

      GRRR!

      Mod parent up Funny, not Insightful.

    21. Re:"Obviously lifted" not so obvious by ceoyoyo · · Score: 2, Insightful

      His new example is pretty weak too. It's another function to read some sort of header, and, surprise, the code operates in a similar way. Well, it pretty much has to... it's reading the same kind of header.

      So far it's all pretty poor evidence.

    22. Re:"Obviously lifted" not so obvious by Foredecker · · Score: 1

      that's a bad assumption. The example you give would be true for a native C Win32 API. But the code in question is manged (C#) code. This usually follows the coding style described in "Framework Design Guidelines: Conventions, Idioms, and Patterns for Reusable .NET Libraries"

      --
      Jibe!
    23. Re:"Obviously lifted" not so obvious by ceoyoyo · · Score: 1

      That example is awfully weak too. Again, it's just parsing a header. There's only one logical way to read a header so it's not surprising different code to do so would be very similar. If that's the best he can come up with, there's nothing to see.

      I bet if you go through random GPL projects you can find all kinds of similar examples where the GPL code is similar to preexisting non-GPL code.

    24. Re:"Obviously lifted" not so obvious by noidentity · · Score: 4, Funny
      I've just written my first program, and I licensed it under the GPL. Guess what? A bunch of people have already ripped me off! So I can understand this guy's situation. Here's the source, BTW:

      #include <stdio.h>

      int main()
      {
      printf( "Hello, world!\n" );
      return 0;
      }

    25. Re:"Obviously lifted" not so obvious by Anonymous Coward · · Score: 0

      While funny that would depend on the group within MS that wrote it. Each group seems to have a distinct style that they stick to. They are close and usually follow the style you are talking about. It really just depends.

      Also ReadBytes is a natural name for something that say oh reads bytes from something?

      I am not defending them I am just saying 1 function name does not mean they ripped someone off. Hell, I have a function called that in my code. In this case they probably did end up with GPL code in their code.

      Now MS may have in this case probably outsourced it to someone and they ripped it off. I doubt they ripped it off internally. I work in a similar organization. They are amazingly anal about not using open source. To the point where they pay thousands of dollars for something they could get for 'free'. That MS didnt circle around on them and demand a look at the code from an internal dev is their bad. I would bet cold hard cash this is what happened.

      MS outsources many utilities and 'extra' things out to external groups that are not MS proper. That it hasnt happened more often is more surprising. Then many times these things are given to junior devs. So it was probably a lack of oversight from the MS rep that let it happen.

      I would also bet some cash that MS is going to go review EVERYTHING in progress and that just went out. Dont envy whoever gets stuck with that task.

    26. Re:"Obviously lifted" not so obvious by kjart · · Score: 4, Informative

      If you read TFA (yeah, I know...) you'll see the author has updated that original example with others [withinwindows.com].

      OP clearly did read TFA since he was criticizing the specifics provided. I'm not sure why you're taking a shot at that since the update was clearly made after the comment was posted.

      It looks like Microsoft's defence will be that the EULA says "“You may not reverse engineer, decompile or disassemble the software". They'll probably charge the guy with a DMCA violation...

      Why does it look like that exactly? Are you getting this from anywhere or just pulling it out of your ass?

    27. Re:"Obviously lifted" not so obvious by Vahokif · · Score: 1

      But his "proof" is disassembled right? That means he named all the local variables himself according to what the thinks the source was. Also there's no reason two pieces of code parsing the same file format would look any different.

    28. Re:"Obviously lifted" not so obvious by BitZtream · · Score: 0

      Actually it would be:

      #ifdef UNICODE
      #define ReadBytes ReadBytesW
      typedef wchar_t * LPWSTR;
      #else
      #define ReadBytes ReadBytesA
      typedef char * LPCSTR;
      #endif

      #define WINAPI __fastcall

      WINAPI size_t ReadBytesW(LPWSTR szBuf, size_t count)
      { ...
      }

      WINAPI size_t ReadBytesA(LPCSTR szBuf, size_t count)
      { ...
      }

      And if you knew what all those defines meant (like LPCSTR and LPWSTR) then you'd understand WHY the actual declarations look like they do. Contrary to popular belief, they do have a clue to some extent and 99 times out of 100, they have far more of a clue than the people telling us how wrong they are or how bad their code is.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    29. Re:"Obviously lifted" not so obvious by BitZtream · · Score: 1

      Except ... you don't have to reverse engineer this particular part, its included in the source code provided with VisualStudio if you bother to look hard enough.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    30. Re:"Obviously lifted" not so obvious by flyingfsck · · Score: 1

      ROFL! So true.

      I aLways wOndered aBout the mIcrosoft lOve aFfair wIth hUngarian nOtation.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    31. Re:"Obviously lifted" not so obvious by Anonymous Coward · · Score: 0

      Why does it look like that exactly? Are you getting this from anywhere or just pulling it out of your ass?

      Does it matter? This is slashdot, any anti-Microsoft comment will get positively moderated by the basement-dwelling collage-kids.

    32. Re:"Obviously lifted" not so obvious by peektwice · · Score: 1

      The author seems to have added a different example that gives more credence to his claims.

      --
      Other than this text, there is no discernible information contained in this sig.
    33. Re:"Obviously lifted" not so obvious by Anonymous Coward · · Score: 0

      Ahem. Nice troll, but the ascii/unicode distinction only applies to strings.

      There would never be a reason to have a ReadBytesW variant, since that not only implies up-conversion from 8-bit to 16-bit, but it also allows construction of strings that are not permissible in 16-bit unicode.

    34. Re:"Obviously lifted" not so obvious by Shienarier · · Score: 1

      Perhaps you could explain then.

    35. Re:"Obviously lifted" not so obvious by Dumnezeu · · Score: 2, Informative

      True, but if you RTFA, you see this: http://www.withinwindows.com/wp-content/uploads/2009/11/example1.png We're not talking about some int parameter here, we're talking about huge chunks of identical code.

      --
      Yes, it's sarcasm. Deal with it!
    36. Re:"Obviously lifted" not so obvious by eggnoglatte · · Score: 3, Insightful

      a) I am not the one making wild claims about out somebody - the author of TFA does. I mean I get it - we don't like MS here on /., blah, blah. Still, if he makes claims, the burden of proof is on him, not on people not on everybody else to disprove him.

      b) I don't run windows, so getting everything set up with a .NET architecture would in fact be quite a pain in the ass.

    37. Re:"Obviously lifted" not so obvious by mdielmann · · Score: 1

      It's almost a form of Nirvana once you reach this point.

      Come on, Nirvana sucked...okay, I see your point.

      --
      Sure I'm paranoid, but am I paranoid enough?
    38. Re:"Obviously lifted" not so obvious by asaz989 · · Score: 2, Informative

      Except... he didn't name all the local variables (they're named, in his decompiled version, things like "num" and "index", based on their syntactic use in the decompiled version). It's just that these variables happen to correspond exactly in their use and assignments to things like numPartitionMaps and position in the ImageMaster source.

      The method and class names, on the other hand, are actually present in the binary file (usually as symbols used for linking as a shared library or, in object-oriented languages like Java and C++, used at run-time to figure out things like inheritance. And (oh great coincidence) they match up character-for-character. And let's not even get into the fact that in structure of the classes and methods (at what position in the code calls are made to static methods of external classes, which of these external classes are the same as each other, at what points methods are called on specific variables, etc.) these two code snippets match up exactly.

    39. Re:"Obviously lifted" not so obvious by Vahokif · · Score: 1

      So what? There's only one logical way to parse a file format.

    40. Re:"Obviously lifted" not so obvious by Anonymous Coward · · Score: 0
      any anti-Microsoft comment will get positively moderated by the basement-dwelling collage-kids.

      And all the pro-Microsoft comments are moderated up by illiterate Fox-news watching rednecks who make a little beer money shilling for marketing companies.

      It all evens out.

    41. Re:"Obviously lifted" not so obvious by vikstar · · Score: 1

      And then they'll patent it.

      --
      The question of whether a computer can think is no more interesting than the question of whether a submarine can swim.
    42. Re:"Obviously lifted" not so obvious by petermgreen · · Score: 4, Insightful

      Don't even get me started on the dual-version ANSI and Unicode functions,
      Transitioning from a system where strings were assumed to be in the local legacy encoding to a unicode based system (a transition all operating systems relavent today have had to go through) is a difficult problem with essentially no good soloution.

      The way unix-like systems went for is to use UTF-8 and treat it as if it was just another legacy encoding. The problem with this approach is that it means that systems configured for unicode and systems configured for legacy use different encodings which tends to break stuff.

      The way windows went for is to introduce duplicate APIs for unicode, this has the advantage that nothing that worked before breaks but requires all apps that want unicode support to be updated.

      Can you think of any better soloutions?

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    43. Re:"Obviously lifted" not so obvious by fibrewire · · Score: 1

      I believe the point being made is that rules are flexible - but if someone makes it a point to remove that flexibility (i.e. Microsoft) then said persons should also be governed by their own inflexibility.

    44. Re:"Obviously lifted" not so obvious by Anonymous Coward · · Score: 0

      I had my doubts about the validity of this claim myself, but once I saw how fast the Microsoft asstroturf team is trying to clean this up, I know they're scared for a reason.

    45. Re:"Obviously lifted" not so obvious by deniable · · Score: 1

      And for the rest of us, there's Perl.

    46. Re:"Obviously lifted" not so obvious by murdocj · · Score: 1

      Yeah, although if you read the comments with the article, it's not clear whether the GPL version didn't start off life from MSDN sample code.

    47. Re:"Obviously lifted" not so obvious by Anonymous Coward · · Score: 0

      However that's not just MSDN sample code, that's actually MSDN documentation of a real bonafide Microsoft function, complete.

    48. Re:"Obviously lifted" not so obvious by Anonymous Coward · · Score: 0

      Run it through Moss:
      http://theory.stanford.edu/~aiken/moss/

      It'll tell you if it stolen or not.

    49. Re:"Obviously lifted" not so obvious by Bert64 · · Score: 1

      Quite possibly, especially for simple functions...
      However, you generally don't get to see the code for proprietary apps so the chance of it being copied is much smaller (and for simple stuff it's unlikely a software company would admit to their code having been leaked), and incorporating other gpl code is acceptable and intended, as is incorporating code from several other open licenses.

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    50. Re:"Obviously lifted" not so obvious by Bert64 · · Score: 1

      you forgot to include comments at the top of the source file which declare the file is gpl licensed and reference a copy of the license...

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    51. Re:"Obviously lifted" not so obvious by IRWolfie- · · Score: 0, Troll

      When you make an API call what do you think you are doing

    52. Re:"Obviously lifted" not so obvious by VGPowerlord · · Score: 1

      Hi, did you read the post I quoted?

      Here's the relevant section of it:

      Did you read the post I was responding to? Hell, I even quoted it!
      In particular, this section:

      There's a difference between a calling a method, where the object has internal state, and a C Win32 API function call, i.e., sans objects. I absolutely guarantee that you won't see many pretty signatures in the Win32 API. I'd bet that 99% of the Win32 API function SIGNATURES won't make it through a standards-compliant compiler without Windows.h.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    53. Re:"Obviously lifted" not so obvious by thePowerOfGrayskull · · Score: 1

      I think your understanding is off here. The specific code is what's copyrighted, not the functionality.

    54. Re:"Obviously lifted" not so obvious by noidentity · · Score: 2, Informative

      I put them there, but someone in Slashdot stole the comments that referenced the GPL!! They're trying to steal my programs, just like I told you.

    55. Re:"Obviously lifted" not so obvious by Anonymous Coward · · Score: 0

      moss is amazingly easy to bypass

    56. Re:"Obviously lifted" not so obvious by Engeekneer · · Score: 1

      If you really did GPLd it, you should have included the license with the code. So hah!

    57. Re:"Obviously lifted" not so obvious by makomk · · Score: 1

      The file format doesn't determine the names of the classes used by your code and of their members, though, does it? They're identical.

    58. Re:"Obviously lifted" not so obvious by makomk · · Score: 1

      The code doesn't just operate in exactly the same way - it's identical in structure, and uses classes with the same names. The members of the other classes it uses also have the same names. That goes way beyond just "reading the same kind of header".

    59. Re:"Obviously lifted" not so obvious by tokul · · Score: 1

      #include

      int main()
      {
      printf( "Hello, world!\n" );
      return 0;
      }

      1974 Bell Laboratories internal memorandum by Brian Kernighan, Programming in C: A Tutorial

      Your point might be valid for basic code, but what you say when somebody takes your code, removes copyrights, but does not remove comments. Then you look at third party code and you see same function names, same directory/file structure and your own lines of comments in third party code.

    60. Re:"Obviously lifted" not so obvious by ceoyoyo · · Score: 1

      It's identical in structure? You mean there's a FOR loop and a bunch of IF statements? That structure is entirely dictated by the file format. A function to parse a header is going to have the same structure.

      Most of the class names in this example (such as "LogicalVolume" and "PartitionMap") are also strongly informed by the file specification. If you want to accuse someone of lifting those names, they're likely both "borrowed" from the file format specification.

      That is not to say that MS didn't swipe some code, but the example given is very poor evidence. It's suspicious enough to dig further, but it's not damning evidence.

      It's also interesting to note that if MS did lift the code, they cleaned it up considerably.

    61. Re:"Obviously lifted" not so obvious by makomk · · Score: 1

      It's identical in structure? You mean there's a FOR loop and a bunch of IF statements? That structure is entirely dictated by the file format. A function to parse a header is going to have the same structure.

      Not really. There's a lot of choice as to which bits to split off into helper functions and which to keep in the main function, for a start. By "identical in structure", I mean just that - exactly identical, minus a few cosmetic changes probably resulting from the MS code being decompiled from the binary. (For example, the logic of one of the if statements has been flipped, likely because the compiler decided it'd produce better code.)

    62. Re:"Obviously lifted" not so obvious by symbolset · · Score: 1
      Reminder: Open ports are bad.

      Also, test the network stack real good.

      --
      Help stamp out iliturcy.
    63. Re:"Obviously lifted" not so obvious by Foredecker · · Score: 1

      Hey Symbolset, I don't disagree. I owe you a response to your overall point here. I haven't forgotten, but I've had a very busy few months with some personal things and haven't been spending time on blogging, reddit, digg, slashdot, etc. Best Regards Foredecker

      --
      Jibe!
  2. Knee jerk by Romancer · · Score: 4, Insightful

    So the evidence is a ReadBytes snippet?

    I'll wait till there's evidence before even commenting about the ramifications of something like this. This is just wild speculation at this point.

    --


    ) Human Kind Vs Human Creation
    ) It'd be interesting to see how many humans would survive to serve us.
    1. Re:Knee jerk by Blakey+Rat · · Score: 3, Funny

      But this is Slashdot!

      Without wild speculation there wouldn't hardly be any stories at all! And of course you have to get the 2-minutes hate for Microsoft going early.

    2. Re:Knee jerk by Timothy+Brownawell · · Score: 5, Insightful

      Moderated 'Flamebait.' 0 points left.

      Seriously, whoever decided that we just get one dropdown and no 'confirm' button needs to be taken out back and shot. And I'd just used my other points on some actual trolls upthread, too. :(

    3. Re:Knee jerk by Dr.+Evil · · Score: 4, Funny

      Oh no. Evidence is not required in this case. This failure to comply with the GPL means that Microsoft is governed by Copyright law in this matter.

      Their Internet service provider must be notified so that their Internet connection can be terminated.

    4. Re:Knee jerk by X0563511 · · Score: 1, Offtopic

      Mod up! This particular problem has survived too damn long.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    5. Re:Knee jerk by megabunny · · Score: 4, Interesting

      The new example is much clearer. Basic structure follows well. All the magic numbers in the code that I looked at matched too, and there are quite a few. Looks like it was massaged at least a bit, probably just to fit in with the local code environment not to obscure it.

      But ...
      The article points out only two weaknesses in this code borrowing. MS did not feed back any (unknown at this point) enhancements to the source. And they did not offer the source under the right license.

      It is a real but very minor issue. If it wasn't MS it would not even be interesting.

      MB

      --
      I am a viral sig. Please copy me and help me spread. Thank you.
    6. Re:Knee jerk by Anonymous Coward · · Score: 0

      I'll wait till there's evidence before even commenting about the ramifications of something like this. This is just wild speculation at this point.

      He's updated the site with a better example. From the revised article:

      Update 11/7: The example I provided yesterday (ReadBytes) was replaced with a new one. Note that it is only an example. I’m not here to prove my case in a huge exhaustive post for you. That’s left as an exercise for the reader.

    7. Re:Knee jerk by The+MAZZTer · · Score: 1

      .NET Reflector cannot show the exact original source code, as some bits are lost during the optimization and compiling into MSIL, and decompiling isn't going to get you back to the original code entirely. But the code it does spit out should be close.

    8. Re:Knee jerk by KarmaMB84 · · Score: 4, Informative

      The magic numbers are from a file format specification. You're not going to change those magic numbers if you want the tool to work.

    9. Re:Knee jerk by Anonymous Coward · · Score: 0

      Here's how to fix Slashdot: You click that X button in the top right corner of your screen. Or left, if you're on a Mac. Tada, Slashdot disappears, and you don't have to deal with what you don't like!

    10. Re:Knee jerk by Blakey+Rat · · Score: 1, Offtopic

      Well you can submit a bug on Slashcode, but Slashdot never reads them or fixes them. I have ones in there over 2 years old that have never even been triaged.

      It reminds me of this MST3K bit: http://www.youtube.com/watch?v=pVvr9f-Z5u0 "Slashdot developers? They just do not care."

    11. Re:Knee jerk by Anonymous Coward · · Score: 0

      Shh, shut up unless you want Microsoft to buy the internet to prevent being kicked off...

    12. Re:Knee jerk by winnetou · · Score: 1

      No, it is not just "a" ReadByte snippet. It is a ReadByte snippet which (modulo: variable-names; bracketing of if-clauses; expansion of macros; and whitespace) is equal to the ImageMaster code, with one possible exception (MaxExtents doesn't look like a macro, if it is an element of an enum, it isn't an exception).
      Code which does the same, will look the same. But there will often be differences at details, even differences which compilers don't wipe away. And that is why I am surprised by the disassembled code, "index + 2 > 2048" is equal to "index > 2046" (and "index + 6 > 2048" is equal to "index > 2042") if one ignores overflow. Bug-to-bug compatibility is relevant, but I am at a loss why creating map/mp would be important (unreachable memory is only useful if other buggy code looks at that memory, and it is initialized if 2042 <= index < 2046)
      This is bla-bla; I wrote it, but didn't check it.

    13. Re:Knee jerk by man_of_mr_e · · Score: 1

      I'm sorry, what does "feedback"ing have to do with the GPL?

      THe GPL does not require that you submit enhancements to anyone. The MPL requires that, not the GPL.

    14. Re:Knee jerk by Anonymous Coward · · Score: 0

      > Looks like it was massaged at least a bit, probably just to fit in with the local code environment not to obscure it.

      I disagree, i think that the the main difference between dissasebled code and ImageMagic source is that the disassembler cannot know if braces have been around in the original code. Or if a special number has been stored as const variable somewhere. And so-on. For example.

      if ( position + 2 > constSize )
            return false;

      Once disassebled would probably become something like:

      if ( position + 2 > 2048 ) {
            return false;
      }

      If you bear this in mind, the examples in shown look indeed wery similar.

  3. Readbytes by Anonymous Coward · · Score: 0

    really? they "stole" readbytes? can we have some different "damning evidence" please.

    1. Re:Readbytes by MartyBorg · · Score: 1

      A Google search on ReadBytes gives around 130,000 hits.

      --
      Give a man a fish, and he'll eat for a day. Give a fish a man, and he'll eat for weeks!
  4. Dear Slashdot by Anonymous Coward · · Score: 0, Troll

    Stop being insecure about Windows' successes. It's fucking embarassing. Linux has it's place, and that place is nowhere near the average consumer's home computer.

    1. Re:Dear Slashdot by Anonymous Coward · · Score: 0
      Stop being insecure about your use of the language and swearing. If you were good at it it wouldn't be so fucking embarassing[sic]. Linux does have it'spsic] place. Nobody mentioned Linux so you can now get right off your high horse, get him into detox, and then go take English rehab yourself.

      The "average consumer" may have a home computer which is nowhere near this "place" of which you speak, but they probably speak at a higher level.

      Toodles. p> Dorf

    2. Re:Dear Slashdot by V!NCENT · · Score: 1

      It's on my home computer as my primary OS, next to Windows XP for anything else that I am forced to use by third parties. It is indeed embarassing... If anything it could be just a lazy guy who did this...

      I mean come on... Hackers 3 is a fictional movie. Microsoft didn't swap NT with Linux in Windows 7 or anything, or used Plasma for their desktop... _'

      --
      Here be signatures
  5. Gpl violation by eXlin · · Score: 1

    Microsoft has had open source code earlier also. But it's been licenced with bsd kind of licence. The problem is that if there are gpl-licenced code taken (doesn't need permission of project owners) microsoft has to give all changes they made to public. Gpl can also touch so depends what they've done with/to that they might also need to distribute more code of theirs. There is also organisation who's trying to track down and sue corporations violating OS licences (can't remember name), maybe they get some job to do.

    1. Re:Gpl violation by Anonymous Coward · · Score: 0

      ...There is also organisation who's trying to track down and sue corporations violating OS licences (can't remember name)...

      They won't sue themselves, silly!

    2. Re:Gpl violation by Anonymous Coward · · Score: 0

      True, and it's interesting how the FOSS movement delightfully and intentionally has made every piece of GPL3 code a trojan horse that can destroy a company's business model if a single programmer without the knowledge of the business copies a snippet of code to make his job easier.

      How about a new image licensing model where licenses are embedded in images, and someone who copies and publishes a square inch of an image in question without making sure the publication is free of any hint of "tainted license" loses all his possessions and are deported to a penal colony? That would of course be evil.

      (Cue "that is what the RIAA does": No, the FOSS movement does not offer cheap settlements for license breaches and only targets high-rate offenders. It is similar to an RIAA that always goes for lawsuits and sues for a billion per song in every case).

    3. Re:Gpl violation by cheesybagel · · Score: 1
      That's not how it works from what I understand. If a judge considers most code was not copied, the infringer just needs to replace those pieces of code. If, however, substantial amounts of code were copied, he will have to make the source available.

      IANAL

    4. Re:Gpl violation by X0563511 · · Score: 1

      Don't change the code, and you have no changes to publicize.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    5. Re:Gpl violation by Wooloomooloo · · Score: 1

      Tell that to Wells Fargo...

    6. Re:Gpl violation by arose · · Score: 3, Informative

      True, and it's interesting how the FOSS movement delightfully and intentionally has made every piece of GPL3 code a trojan horse that can destroy a company's business model if a single programmer without the knowledge of the business copies a snippet of code to make his job easier.

      Not really, they just don't accept the license and deal with the copyright violation instead, just like they would if the programmer copied a piece of proprietary software.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    7. Re:Gpl violation by HermMunster · · Score: 1

      Yours is a complete exaggeration of everything GPL. Stop using GPL code and write it yourself if you don't want a problem. If you use it you have to consider the circumstance. Corporations have a responsibility to ensure their code isn't copied from other projects. Period.

      --
      You can lead a man with reason but you can't make him think.
    8. Re:Gpl violation by Urkki · · Score: 1

      Don't change the code, and you have no changes to publicize.

      GPL doesn't work like that. If your software depends on GPL software (like a GPL library or copy-pasted GPL source code), then your software must also be GPL. LGPL is more like what you describe, and even with LGPL, the user of the software must be able to change the LGPL part (so LGPL really only works for dynamically linked libraries, so you can eg. use your own versions of those if you wish). So in this case even LGPL wouldn't help, if the "stolen" code was "copy-pasted".

    9. Re:Gpl violation by kholburn · · Score: 2, Insightful

      it's interesting how the FOSS movement delightfully and intentionally has made every piece of GPL3 code a trojan horse that can destroy a company's business model if a single programmer without the knowledge of the business copies a snippet of code to make his job easier.

      It's interesting how companies that produce proprietary code have made all their code a trojan horse that can destroy anyone who copies their code and uses it.

    10. Re:Gpl violation by Anonymous Coward · · Score: 0

      Lol. And what if a programmer included Mircrosoft's propreitary code without the business's knowledge? Is that also a trojan horse then?

    11. Re:Gpl violation by X0563511 · · Score: 1

      Ah, I wasn't thinking into it enough. I was thinking of, say, taking a binary of 'cp' and using that or something similar.

      I blame lack of sleep.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
  6. You know what... by Anonymous Coward · · Score: 0

    I can't stand about Microsoft? Even though we don't have the source and can't prove it, Windows likely uses GPL code.

    The GPL requires any company using GPL software to release their additions to the source. Everybody storm Redmond! Get it! Get the code!

  7. It's .NET code by Dwedit · · Score: 1, Interesting

    It's .NET code. It's already "Open Source" by virtue of tools like Reflector existing.

    1. Re:It's .NET code by Anonymous Coward · · Score: 0

      Thank you for failing to understand copyright licencing.

      GPL code requires linked code modules to be GPL as well, ie. it is illegal for Microsoft to distribute any programs or libraries containing the code in question that are not available under the GPL (for use by anyone for any purpose on any operating system for no charge)

    2. Re:It's .NET code by McGiraf · · Score: 2, Interesting

      "(for use by anyone for any purpose on any operating system for no charge)"

      Did you ever read the GPL?

    3. Re:It's .NET code by neaorin · · Score: 1

      You are confusing Open Source with Free Software.

    4. Re:It's .NET code by Timothy+Brownawell · · Score: 5, Insightful

      It's .NET code. It's already "Open Source" by virtue of tools like Reflector existing.

      I do not think that that is what "Open Source" is generally taken to mean.

    5. Re:It's .NET code by cheesybagel · · Score: 1

      That isn't Open Source under the OSI definition either. No free redistribution, derived works, or anything. Just because the source code is available doesn't make something open source.

    6. Re:It's .NET code by Timothy+Brownawell · · Score: 1

      GPL code requires linked code modules to be GPL as well, [...] (for use by anyone for any purpose on any operating system for no charge)

      "for any purpose" no longer applies since everyone overreacted to Tivo.

    7. Re:It's .NET code by Anonymous Coward · · Score: 0

      What exactly contradicts my statement?

      2.b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

      • a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
      • b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
      • c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

      And no, I don't care about selling the first copy, the law of exponential autonomous distribution will kick in after a short time.

      I also never implied that the creator is obliged to support all operating systems or use cases, only that they can't prohibit someone from doing the porting work themself.

    8. Re:It's .NET code by Anonymous Coward · · Score: 0

      It's .NET code. It's already "Open Source" by virtue of tools like Reflector existing.

      LOL, yes but not Free Software.

      I hope they did violate the license and will be sued to the ground.

    9. Re:It's .NET code by The+MAZZTer · · Score: 1

      Reflector is a decompiler. It takes the MSIL codes and translates them back into VB.NET or C# instructions.

    10. Re:It's .NET code by Anonymous Coward · · Score: 0

      So let me get this straight. If the source is openly available to me, it isn't necessarily open source.

      Gotchya.

      Not confusing at all.

    11. Re:It's .NET code by MSG · · Score: 2

      I do not think that that is what "Open Source" is generally taken to mean.

      Well, yes, it is. That's why you will so frequently see people insist that "Free Software" is a better term.

    12. Re:It's .NET code by Jugalator · · Score: 1

      It's .NET code. It's already "Open Source" by virtue of tools like Reflector [red-gate.com] existing.

      Are you Chinese? :o

      --
      Beware: In C++, your friends can see your privates!
    13. Re:It's .NET code by Anonymous Coward · · Score: 0

      You got the code, that's open source.. what is your definition of open source?

    14. Re:It's .NET code by BitZtream · · Score: 1

      The source to the .NET framework has been open for years, not free, but open. I compiled it on FBSD in 2001 I think, maybe earlier than that.

      Its been in the *BSD ports tree for almost a decade.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    15. Re:It's .NET code by DeVilla · · Score: 1

      I do not think that that is what "Open Source" is generally taken to mean.

      Well, yes, it is. That's why you will so frequently see people insist that "Free Software" is a better term.

      Well, actually, no it's not. Go check the definition at OSI's page. (Really. Have a look. http://www.opensource.org/docs/osd) Open Source is more than mere availability of source code. There needs to be a grant of certain privileges to modify and distribute the code.

      The difference between Open Source and Free Software tends to be more of a political or ideological nature. Generally both prefer to have software with licenses that would meet OSI's definition. The Free Software crowd tend to lean toward requiring software under such licenses or nothing at all. It's a Freedom Movement. The Open Source crowd tend to view code with Open Source license as superior due to the flexibility they allow. It's a pragmatic means to getting better software.

    16. Re:It's .NET code by MSG · · Score: 1

      Well, actually, no it's not. Go check the definition at OSI's page.

      The parent didn't say anything about the OSI definition. He said "generally taken to mean". I still assert that if you asked a substantial number of people whether access to the source code meant that an application was "open source", you would find that they generally believed that it did.

    17. Re:It's .NET code by DeVilla · · Score: 1

      Ah. I assumed he meant semi-informed people as opposed to the clueless. In that case, Free Software is no better a term since it is "generally taken to mean" gratis as in no-charge. Hence the creation of "Open Source" which at least brought source code into the discussion.

      In any case, without regard for what people mistake it to mean, Open Source has a meaning, as does Free Software. If you can't agree on a lexicon, then it doesn't matter what you are talking about. People can reinterpret it to their hearts content.

  8. no big deal by StripedCow · · Score: 1

    in the worst case, they could publish the full source of the application in order to comply with the gpl... I mean, it is just a tool to copy files from a to b, right? so it is kind of a silly article.

    --
    If Pandora's box is destined to be opened, *I* want to be the one to open it.
    1. Re:no big deal by CTalkobt · · Score: 1

      in the worst case, they could publish the full source of the application in order to comply with the gpl... I mean, it is just a tool to copy files from a to b, right? so it is kind of a silly article.

      "Oh I'm sorry officer ... I didn't mean to speed 85 in a 35 School Zone. No one's injured so just let me go... "

      Just because there are no apparent damages doesn't mean that it was in the right. MessySoft should pull a mea culpa and offer to license the code under a non-GPL license if they so choose from the author. He should add a penalty percentage when coming up with his quote for MessySoft not asking first.

      --
      There's a gorilla from Manilla whose a fella that stinks of vanilla and has salmonella.
    2. Re:no big deal by StripedCow · · Score: 1

      well i think that the gpl only requires you to serve up the source code *upon request*, so MS has not yet broken the law, i suppose.

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    3. Re:no big deal by Anonymous Coward · · Score: 0

      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

              a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

              b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

              c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

    4. Re:no big deal by Blakey+Rat · · Score: 3, Insightful

      Uh, they kind of have to *prove* that Microsoft actually copied their code first. You're missing a crucial step to the process in your scenario.

    5. Re:no big deal by jimicus · · Score: 2, Informative

      well i think that the gpl only requires you to serve up the source code *upon request*, so MS has not yet broken the law, i suppose.

      You also have to offer the source code - you can't keep your mouth shut and hope nobody ever asks for it.

    6. Re:no big deal by StripedCow · · Score: 1

      you got me there,

      but let's be realistic... if MS would publish the source, I don't think any judge is going to fine them...

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    7. Re:no big deal by amorsen · · Score: 1

      That only applies if they provide a written offer to do so.

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    8. Re:no big deal by amorsen · · Score: 1

      It's too late for them to publish the full source under the GPLv2. The GPLv2 termination clauses have already triggered, so they can't ever distribute (parts of) ImageMaster under the GPLv2.

      Assuming that ImageMaster is under the GPLv2. I can't RTFA, because it is Slashdotted. The GPLv3 is more lenient.

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    9. Re:no big deal by Anonymous Coward · · Score: 0

      "Oh I'm sorry officer ... I didn't mean to speed 85 in a 35 School Zone. No one's injured so just let me go... "

      Bad comparison, as it ignores the thousands upon thousands of times a day a police officer does let somebody go for doing something like, I dunno, 36 mph in a 35 school zone, or heck, even 40.

      Yeah, believe it or not, they will let you go, they won't even blink their lights at you.

      Is this a case more like yours, or like the ones they ignore?

      I'd say it's not the former.

      Just because there are no apparent damages doesn't mean that it was in the right. MessySoft should pull a mea culpa and offer to license the code under a non-GPL license if they so choose from the author. He should add a penalty percentage when coming up with his quote for MessySoft not asking first.

      And that'll just cause more people to run away from the GPL, because that'd be vindictative and punitive. The more you tighten your grip, the more systems will slip through your fingers.

    10. Re:no big deal by StripedCow · · Score: 1

      two questions:

      1. are these clauses actually respected in a court of law?
      2. can't microsoft just "rebrand" the imagemaster tool? i.e., some other tool using the same source.

      ps: i'm not a microsoft fan, but i can imagine getting in a similar situation myself since linking to a gpl library just is too easy to do by accident these days (any linux distribution comes loaded with this stuff).

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    11. Re:no big deal by X0563511 · · Score: 1

      No, but if they were REALLY smart they could find somewhere convenient (like the middle of an EULA) that someone would be highly unlikely to read.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    12. Re:no big deal by X0563511 · · Score: 1

      Actually, that part about going 36 in a 35, is because there is a tolerance of 10% variation at 60mph (exact numbers might be off) to cover for mechanical imperfections in the car's speed measurement system. It has nothing to do with the officers being nice.

      They COULD peg you for it, but since even the most useless lawyer could render it a waste of everyone's time, they tend not to.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    13. Re:no big deal by Anonymous Coward · · Score: 0

      MessySoft

      Please kill yourself.

    14. Re:no big deal by kdemetter · · Score: 1

      Well , that's the point of licensing ( GPL or otherwise ) : so you can prove that you were the first to write the code.

    15. Re:no big deal by amorsen · · Score: 1

      1) I can see no reason why they wouldn't be respected, but in all cases I've seen involving GPLv2 code the authors have graciously reinstated the license without additional payment. Most GPL infringement cases have involved the FSF or Harald Welte, and they have so far been very generous.

      2) How would rebranding help? It's still the same code, and they still don't have a license to distribute it.

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    16. Re:no big deal by jimicus · · Score: 1

      No, but if they were REALLY smart they could find somewhere convenient (like the middle of an EULA) that someone would be highly unlikely to read.

      You're also not allowed to sub-license with a more restrictive license so that's out.

    17. Re:no big deal by sconeu · · Score: 1

      2. can't microsoft just "rebrand" the imagemaster tool? i.e., some other tool using the same source

      So if, theoretically, I got my hands on a copy of the Windows 7 source (shudder!), I could rebuild it, rebrand it, and sell it under my own license?

      Do you see where your argument fails?

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    18. Re:no big deal by XcepticZP · · Score: 1

      You're missing the point. They still have to prove that they were the ones that wrote it first. There was no third party involved in verifying this. For all _we know_, it is this company that copied Microsoft's stuff and released it under a GPL license. Just because it was released under a GPL license, does not imply that they wrote it first. And since they are claiming that Microsoft copied their stuff (i.e. that they wrote it first), then the onus is on them to prove that they wrote it first. GPL or not.

      Looks like you got your eggs all jumbled up. But, IANAL, so I could always be wrong. And if I am, correct me with proof, and I'll gladly change my opinion on the matter.

      -XcepticZP

    19. Re:no big deal by Al+Dimond · · Score: 1

      This. I also think the GPL essentially disallows usage licenses, which Microsoft applied.

    20. Re:no big deal by Blakey+Rat · · Score: 1

      They have to prove that the code is the same. Since he's only looking at the code through a dis-assembly tool, there's really no way to verify whether the code was copied, or if both parties independently wrong nearly-identical code. Considering that both software products are doing the same thing (parsing a ISO file), it's not particularly surprising that the code looks nearly the same.

      What that means is that they have to compare *source* code to *source* code. You can't make that determination using a dump from .net Reflector, you gotta see the code.

    21. Re:no big deal by harlows_monkeys · · Score: 1

      It's too late for them to publish the full source under the GPLv2. The GPLv2 termination clauses have already triggered, so they can't ever distribute (parts of) ImageMaster under the GPLv2

      This is not clear at all. What's to stop them from building a new version of ImageMaster, with the code in question copied from a new download of the code they allegedly pinched from, and distributing with source under a new instance of the license?

    22. Re:no big deal by Anonymous Coward · · Score: 0

      Ahem, while a speedometer can be inaccurate, they're geared to be inaccurate in favor of going slower than the displayed speed.

      And seriously, if my car is off by 5 mph at 35 mph, then that's a serious safety issue. But I'm talking about real actual speed. Not whatever problems occur from engineering meeting physics Yet I know from experience that my chances of being stopped for going 40 in a 35 mph zone are slim. Sometimes the police really do have other priorities sometimes and won't even worry about a lot of things.

      Applying that to this case, now that's another kettle of worms.

    23. Re:no big deal by falconwolf · · Score: 1

      Uh, they kind of have to *prove* that Microsoft actually copied their code first.

      Actually no, all that's needed is to prove is that code in the newer product is the same as the code in the older one. Now I don't how much of the code has to be the same to show infringement but I imagine it has to be a significant percentage. It doesn't even matter whether the code is copied consciously or not. That's why though reverse engineering is legal whoever works of the equivalent product is not supposed to be the same as those who exam the original. Whether it is conscious or unconscious, intentional or unintentional copying the code is infringement.

      Falcon

    24. Re:no big deal by falconwolf · · Score: 1

      Well , that's the point of licensing ( GPL or otherwise ) : so you can prove that you were the first to write the code.

      No, that's a point of copyrights though they don't really prove the person owning the copyright in fact wrote it. Licenses themselves rely on copyrights. Part of the preamble of the GNU General Public License says "Developers that use the GNU GPL protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/or modify it." My bold highlight.

      Falcon

    25. Re:no big deal by man_of_mr_e · · Score: 1

      You really should read the GPL. If you stop infringing, your license is reinstated. Permanently if the copyright holder does not terminate your licese explicitly.

      8. Termination. ...

      However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.

      Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.

    26. Re:no big deal by man_of_mr_e · · Score: 1

      Nevermind... i was quoting the GPLv3.. i misread your comment.

    27. Re:no big deal by man_of_mr_e · · Score: 1

      If that were the case, the SCO would have won their lawsuit, since they had code which appeared to come before code in Linux, but further investigation revealed that this was code originally from other sources or was contributed by SCO themselves. As such, you're walking on awfully thin ground claiming that things don't have to be proven. The sword cuts both ways.

    28. Re:no big deal by falconwolf · · Score: 1

      you're walking on awfully thin ground claiming that things don't have to be proven

      Ever here of innocent before proven guilty? Even in civil cases, which has less stringent guides to show guilt than criminal cases, innocence is the default position. I could say someone is guilty and sue them all I want, if I could afford it, but I'd still have to show guilt within reasonable doubt based on evidence.

      And SCO never could produce code in Linux they owned. They didn't even own Unix code, Novell did. All SCO had was a contract to sell Unix licenses, which they then had to remit to Novell but never did. Under the license Novell would then pay SCO I think it was 5% of the contracts.

      Falcon

    29. Re:no big deal by man_of_mr_e · · Score: 1

      Perhaps you need to re-read what you wrote.

      You said, all that was necessary was to prove that code in a newer product was the same as code in the older product.

      That is not the case, because that is exactly what SCO was trying to do. They were trying to prove that code in their product was the same as code in a newer Linux product, despite the fact that the code existed in even older Linux products.

      SCO did produce code. That's my point. But the code in question was proven to be even older.

      Thus my point is, merely proving that Microsoft has code that is in older GPL code doesn't mean Microsoft is guilty, because the older GPL code may have come from a source that wasn't encumbered by the GPL.

      My point was that it's hypocritical of GPL advocates to say Microsoft is guilty without doing due dilligence on the source of that code when they were on the opposite side of the coin in the SCO case.

    30. Re:no big deal by falconwolf · · Score: 1

      Perhaps you need to re-read what you wrote.

      You said, all that was necessary was to prove that code in a newer product was the same as code in the older product.

      That's right I did, and I stand by it. If code in the newer product is in the older software then it's possible it was copied. I also said "I don't how much of the code has to be the same to show infringement but I imagine it has to be a significant percentage."

      That is not the case, because that is exactly what SCO was trying to do. They were trying to prove that code in their product was the same as code in a newer Linux product, despite the fact that the code existed in even older Linux products.

      SCO was not able to show one line of code in Linux that was in Unix. If you have evidence saying otherwise please provide a link to this. Doing a quick google I found this timeline of the SCO v IBM case. The most recent mention of "code", source code, has this to say:
      "March 7"
      "During a hearing on summary judgment, IBM lawyer David Marriott points out that of a million lines of code that SCO has claimed belong to them, the actual amount SCO may legitimately use in their allegations is 326 lines. Of these 326 lines, most of it is header files and therefore not copyrightable, argues Marriott." No where else does it say SCO has shown any lines of code in Linux that is in System V.

      Thus my point is, merely proving that Microsoft has code that is in older GPL code doesn't mean Microsoft is guilty, because the older GPL code may have come from a source that wasn't encumbered by the GPL.

      My point was that it's hypocritical of GPL advocates to say Microsoft is guilty without doing due dilligence on the source of that code when they were on the opposite side of the coin in the SCO case.

      If I said MS is guilty because it has code in it's software that is in GPLed code that is older than MS's code I don't know where. Oh, also I don't advocate the GPL more than any other license. If there is a license I advocate more than others it's the BSD derived licenses, I'd like be able to close my own code which BSD licenses allow. MS has used code with the license itself.

      Falcon

    31. Re:no big deal by man_of_mr_e · · Score: 1

      Your googlefu is not strong, my son.

      Here's a few examples of SCO providing code:

      http://perens.com/SCO/SCOSlideShow.html

      http://www.lemis.com/grog/SCO/code-comparison.html

  9. Re:not sureprised by Anonymous Coward · · Score: 2, Insightful

    Yep - it's not like they have never done anything like that before (Stacker).

    They never lie, cheat, or steal. Never, ever, ever.

    Microsoft is evil. Always has been. Always will be.

  10. Re:not sureprised by Anonymous Coward · · Score: 0

    People who use Microsoft software are so locked into it that they have to accept whatever Microsoft managers decide to do, no matter how abusive. Microsoft has been abusive for years, and the lock-in continues. Many publications depend on Microsoft advertising; they don't write negative articles about Microsoft.

  11. Re:not sureprised by Anonymous Coward · · Score: 0

    Dollar to a donut - Microsoft DID NOT BORROW any GPL code.

    Borrowing implies some intent to properly compensate, reward, or return something.

    Microsoft STOLE GPL code.

  12. Re:not sureprised by WED+Fan · · Score: 4, Interesting

    How many developers took code they wrote for their company and used it in a GPL project afterwards?

    --
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
  13. It's not "stealing"...right? by Tankko · · Score: 5, Insightful

    Come on people, you can't have it both ways. If you can't "steal" music, you can't "steal" code. MS "stealing" this code didn't deprive the Open Source community from using the code (i.e. stealing my car), or at least that's the argument /.er use whenever the word is used in conjunction with music and movies. Eat your own dog food.

    1. Re:It's not "stealing"...right? by tonycheese · · Score: 1

      Well, I'm sure the justification is something like, "well, MS is a company making money from it..." or something. I don't know, I didn't really ever get the argument for why downloading music isn't stealing.

    2. Re:It's not "stealing"...right? by mweather · · Score: 0

      I'm fairly sure that by accepting money for someone else's property, you are stealing money from that person, whether you deprived that person of the property or not.

    3. Re:It's not "stealing"...right? by Virak · · Score: 0, Troll

      There is a distinct difference between infringing on someone's copyright and infringing on someone's copyright and trying to pass their work off as your own.

      Your pathetic trolling aside, I seriously doubt Microsoft would do something nearly this stupid. What would they have to gain from it? Certainly not enough to offset the damage caused by it being found out.

    4. Re:It's not "stealing"...right? by liquiddark · · Score: 4, Insightful

      I don't think everyone here believes you can't steal music, first off. I believe you can steal music, books, printed art, all kinds of artwork. I come from a fairly serious artist background, and I know folks personally who have been scraping by for years on the meagre earnings of an average artist. It's not a fun life.

      I believe large record syndicates are creeptastic and digital media is equation-changing, but that doesn't mean there's no evil in stealing non-physical works. Artists, unless they happen to be the pretty-close-to-literally one in a million shot, make almost nothing and they make a huge difference in how livable a society is. That's not changed by the fact that they can deliver media via digital channels; only people's expectations of the cost involved is changed. The number of consumers shrinks, but so does their expected price point. It's one of the reasons why there are still a lot of physical-media artists (the others including nobody's come up with good, cheap 3 dimensional sound, graphics, or texture delivery systems, physical media still work in some contexts, and art is large a physical act).

      And if you can steal art, you can certainly steal code. Of course, in this case it's probably going to have no repercussions because you'd have to educate people on the struggle of open source in terms that wouldn't make a lawyer cry before you could really even get into it, but those of us who've self-selected have at least a notion of the violation and its meaning. And, happily, the irony - if MS really is using open source in its first "better" product in a long time, that's a fun little fact to know.

    5. Re:It's not "stealing"...right? by jayme0227 · · Score: 1

      Glad to see that you haven't even read what people are saying but rather making broad assumptions based on a very slim amount of "evidence."

      If Microsoft did steal the code, then they should be punished. However, there really is no good evidence that they did indeed steal. Just because things are similar doesn't mean that one was stolen from another.

      --
      But then I realized the cable was blue, so I only gave it one star. I hate blue.
    6. Re:It's not "stealing"...right? by Zalbik · · Score: 2, Insightful

      I seriously doubt Microsoft would do something nearly this stupid.

      Please stop anthropomorphizing corporations. They get really pissed off when you do that.

      I agree there was no corporate agenda to steal a dozen lines or so of code from the open source community. However, I could see the following:

      1) Product A is behind schedule

      2) Code Monkey B is under huge pressure to complete some feature for Product A. Luckily he finds some code on a blog which finishes off the routine he's working on. He doesn't perform due diligence to determine if this is GPL'd code or not. The blog doesn't provide references.

      3) Manager C forgoes the code review process to ship Product A on time.

    7. Re:It's not "stealing"...right? by impaledsunset · · Score: 1

      No, as the headline states, they borrowed it. And they promised to return it when they are done.

    8. Re:It's not "stealing"...right? by khallow · · Score: 1

      If you can't "steal" music, you can't "steal" code.

      A quick question here. Would I be dragged into court and fined thousands of dollars because my child or a buddy stole open source licensed code using my machine? In other words, it's unlikely that people will have their lives turned upside down by stealing code (assuming generously that they're doing something where that is even possible). The war on "stolen" music is something that can affect the typical slashdotter even if they had no part in the theft. I suppose you could say that this is a shining example of hypocrisy in the slashdot audience. Everyone should have a chance to be right on Slashdot every once in a while.

    9. Re:It's not "stealing"...right? by wizardforce · · Score: 1

      I'm sure there are many people who hold both to be true. However, there are also people on Slashdot that realise that the two positions are to some extent, exclusive of one another.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    10. Re:It's not "stealing"...right? by Junior+J.+Junior+III · · Score: 5, Insightful

      This is the correct argument, but you have it backward. If it's OK for MS to "steal" (by the definition that MS accepts for the word) then MS should allow people to "steal" Windows, and stop complaining about, trying to stop, prosecuting, software piracy. They should amend their EULA to allow users to decompile, reverse engineer, and modify their binaries.

      Besides, it's not as though GPL code is anti-copyright.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    11. Re:It's not "stealing"...right? by Virak · · Score: 1

      Yes, corporations are made of individuals and these individuals can technically do as they please. However there is a strong incentive (i.e., not losing their jobs) to not do certain things, and I'd think Microsoft of all places would certainly make sure their employees avoid doing that sort of thing. I'm not saying it's entirely impossible, I'm just saying it seems rather unlikely.

      And there's already a standard protocol in place for dealing with projects that are behind schedule at Microsoft: "drop WinFS".

    12. Re:It's not "stealing"...right? by amorsen · · Score: 2, Informative

      No, you are defrauding whoever you sold the property to.

      --
      Finally! A year of moderation! Ready for 2019?
    13. Re:It's not "stealing"...right? by Timothy+Brownawell · · Score: 4, Insightful

      I'm fairly sure that by accepting money for someone else's property, you are stealing money from that person, whether you deprived that person of the property or not.

      The actual code isn't anyone's property, only the copyright on the code is.

    14. Re:It's not "stealing"...right? by ShadowRangerRIT · · Score: 1

      This is a free tool to transfer Windows 7 to a different installation medium. Even if this was infringement (and I'm skeptical on that point, the functions "infringed" look pretty standard and trivial to reimplement), they still aren't making a profit on this "theft." The OS is sold as is, they're just providing an additional tool to work with it for free, and separately.

      --
      $_ = "wftedskaebjgdpjgidbsmnjgcdwatb"; tr/a-z/oh, turtleneck Phrase Jar!/; print
    15. Re:It's not "stealing"...right? by windsurfer619 · · Score: 1

      Troll!

      Copyleft was invented to counteract copyrighted code. People who use copyleft won't let people abuse the licenses until we can abuse copyright.

    16. Re:It's not "stealing"...right? by kdemetter · · Score: 1

      That depends : just copying the code is indeed not stealing , like copying music is not stealing.
      However , if they were to copy it , and claim that they made it originally , and get away with it , that would be stealing , because then the original authors lose ownership of their code .

      That's the same for music : if i copy some unknown person's music , and claim it as my own , i am stealing the ownership from that person.

    17. Re:It's not "stealing"...right? by Sir_Lewk · · Score: 1

      Sure you can steal a book, just like you can steal a CD. I however do not believe that it is possible to steal music, just like I don't believe it's possible to steal a story.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    18. Re:It's not "stealing"...right? by boudie2 · · Score: 0

      Perhaps a better analogy might be if Bill Gates can borrow Linus Torvalds car,then why can't Linus borrow Bill's? It's rumoured that Bill has a Porsche 959 that he's never driven.

    19. Re:It's not "stealing"...right? by petrus4 · · Score: 0, Troll

      Come on people, you can't have it both ways. If you can't "steal" music, you can't "steal" code. MS "stealing" this code didn't deprive the Open Source community from using the code (i.e. stealing my car), or at least that's the argument /.er use whenever the word is used in conjunction with music and movies. Eat your own dog food.

      The GPL is based on fear, and scarcity thinking. This argument holds up logically, yes, but don't expect it to fly with anyone who supports the use of the GPL; it won't. However, most of said people will also advocate and accept music piracy, which is, of course, simply a double standard.

      This is a victimless crime; although in truth, it isn't really a crime at all. If said code had been using the BSD license, nobody would have said a word about it; it wouldn't even be spoken about at all.

      It'd be fun if the FSF did decide to try taking Microsoft to court about it, though; then we'd all get to see just how truly impotent the FSF really are.

      Any responses to this from GPL advocates will also be ignored.

    20. Re:It's not "stealing"...right? by Anonymous Coward · · Score: 0

      I I believe you can steal music, books, printed art, all kinds of artwork.

      If you show me how to walk in to an art museum and leg it out side with the ideas of a Rodin I will take back everything I believe and listen to you. Hell, if you can point to an idea, as in taking a picture of you and the idea of ,say , a chair I will give you my life savings, shave my head and become your disciple.

      Until then your just a pretentious cunt.

    21. Re:It's not "stealing"...right? by Belial6 · · Score: 1

      An artist claiming that you can steal music is simply a claim that their shade of gray is better than my shade of gray. I have yet to see one single non-derivative work. Not one piece of music that did not use someone else's idea. When I do, then the music is property crowd can claim to be anything more than a bunch of hypocrites. Heck, it is common practice for professional musician to discuss in interviews who they copied.

    22. Re:It's not "stealing"...right? by that+this+is+not+und · · Score: 1

      Even if this was infringement (and I'm skeptical on that point, the functions "infringed" look pretty standard and trivial to reimplement), they still aren't making a profit on this "theft."

      'Profit' has nothing at all to do with the issue. You can take a loss while distributing somebody's code that you stole from them, and you still stole it.

    23. Re:It's not "stealing"...right? by gnasher719 · · Score: 1

      This is a free tool to transfer Windows 7 to a different installation medium. Even if this was infringement (and I'm skeptical on that point, the functions "infringed" look pretty standard and trivial to reimplement), they still aren't making a profit on this "theft." The OS is sold as is, they're just providing an additional tool to work with it for free, and separately.

      1. It doesn't matter whether Microsoft charges money for that particular utility or not. The utility is a tiny part of a huge set of software that is meant to make Windows more useable to customers, which means more people will buy Windows, which means more money for Microsoft. If Microsoft _has_ copied code, then it was for commercial purposes.

      2. Similarities in code don't mean copying happened. It would be even legal for Microsoft to have identical code, as long as it wasn't copied. The problem would be that it would be very hard to convince a judge that you ended up with identical code without copying. But if you have a very well-defined task, like parsing a file in some well-defined format, then it is quite likely that two independent developers would create very, very similar code without any copying.

    24. Re:It's not "stealing"...right? by Anonymous Coward · · Score: 0

      Try taking a camera into an art museum, and see if they let you use it.

      That is more equivalent to stealing copies of peoples music.

    25. Re:It's not "stealing"...right? by noidentity · · Score: 1

      No shit, man. Your comment is exactly the one I was about to make. It's not theft, even if one doesn't like who's doing the unauthorized distribution.

    26. Re:It's not "stealing"...right? by noidentity · · Score: 1

      Well, what if we set up a test where you sell me a digital object of yours, and then I flip a coin and if heads, someone else makes an unauthorized copy from me. At that point, you tell me whether your digital object has been stolen from you. If the unauthorized copy is really theft, you shouldn't have to do more than examine your belongings to see whether any are missing, whether you will be deprived the use of your belongings. Whenever I've had anything stolen from me, I couldn't use the object anymore, because it was no longer in my possession.

    27. Re:It's not "stealing"...right? by HiThere · · Score: 1

      You are correct. The assertion should be copyright infringement. And the consensus seems to be "Not proven".

      Perhaps it is copyright infringement, and the evidence appears suggestive. But suggestive is all that it is. So far.

      (OTOH, I'm basing my judgment on summaries provided by other readers. I'm not involved, even in making accusations, so that's fair. But it *does* mean you shouldn't take the judgments too seriously. Even so, the accusation should clearly have been copyright infringement.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    28. Re:It's not "stealing"...right? by syousef · · Score: 1

      Come on people, you can't have it both ways. If you can't "steal" music, you can't "steal" code. MS "stealing" this code

      1) Yes you can have it both ways, when you're talking about a large community with widely differing views on the matter

      2) The megacorps like Microsoft are CONSISTENTLY backing all kinds of draconian methods to enforce their copyright including legislative changes that make the punishment for copyright infringment much more severe than any violent crime. It is therefore only right to hold them to task when they also infringe copyright.

      3) It's been beaten to death but there is a difference between copyright infringement and theft. Nothing was stolen here, but copyright may have been infringed. Why is this important? Because it's a different crime with different implications for all involved and such sloppiness with definitions means any rational argument becomes clouded unnecessarily. Stealing a car has far different implications for the owner, manufacturer, supplier/dealer and insurance company than having a copied made.

      --
      These posts express my own personal views, not those of my employer
    29. Re:It's not "stealing"...right? by migla · · Score: 1

      The obvious answer to the starving artist problem is not about any kind of restrictions on copying.

      Just give every living person enough money to get by and those who are serious about their art will lead creative lives and benefit greatly all the rest of us.

      --
      Some of my favourite people are from th US; Vonnegut, Chomsky, Bill Hicks.
    30. Re:It's not "stealing"...right? by Anonymous Coward · · Score: 0

      You can't steal music. You can't steal literature. At least if it's published.

      But you can steal the livelihoods of the artists, composers and authors.

    31. Re:It's not "stealing"...right? by mdielmann · · Score: 1

      What you're saying is generally true of anyone. I like coding, and am aware that someone could steal my copyright, if I actually cared. In point of fact, almost everything I do is work for hire, so I've already sold it (and only once, which is how work-for-hire works).The guy at McDonalds may just be flipping burgers, but I'm grateful when I want a quick and reasonably cheap meal (I said nothing of quality :P).
      But none of that makes artists, burger-flippers, grocery-baggers, or anyone else more special than the average person. If you're not making 'enough' money, then get a different job. If you love your work, then accept that you're paying a price for your quality of life.
      Sure, not a lot of people make it big, in any industry. And if you suck at the work you love, then get used to not having much money. Gates did well in running a tech business (I wouldn't say ethically, but financially successfully). While I'm in the same industry, there are about 6 orders of magnitude between my net worth and his. I'm okay with that, because I enjoy coding and it feeds my kids.
      And you can't steal ideas, which is what music, code, and digital data all fall under. Your gain is not my loss - I will have just as much as I had before. Whether it's legal or not is a wholly different matter. If I went to the Louvre and stole the Mona Lisa, I'd be charged with theft. If a made a perfect copy, with hours of my own labour and talent, it would be mine - I'm pretty sure copyright has expired on it (there may be some laws there, but I don't think they apply to works that old). If I sold that copy as "the Mona Lisa", that would be fraud, even if it was identical to the Mona Lisa down to the last molecule.

      Oh, and MS had been using the BSD TCP stack up until recently. The difference is, the license there allows completely unfettered copying.

      --
      Sure I'm paranoid, but am I paranoid enough?
    32. Re:It's not "stealing"...right? by icebraining · · Score: 1

      Actually, the GPL doesn't prevent anyone from copying the original code. The GPL isn't even about the original code, it's about modifications to the code.

      Microsoft can copy ("steal", by your definition of music piracy) all the code they want, and even redistribute it. And even CHARGE for it. It's the alterations to the code that are the issue.

      So if you say the two are equal, does it means I can copy all the music files I want and redistribute them (and charge for the copies), if I don't alter them? Cool!

    33. Re:It's not "stealing"...right? by falconwolf · · Score: 1

      there is a strong incentive (i.e., not losing their jobs) to not do certain things

      Like being fired or not getting that promotion or bonus for finishing a task late? Didn't AIG executives get multi-million dollar bonuses even though they torpedoed the economy?

      Falcon

    34. Re:It's not "stealing"...right? by GigaplexNZ · · Score: 1

      The GPL isn't even about the original code, it's about modifications to the code.

      No, it's about redistribution of the code. You can copy GPL code, modify it to your hearts content and never release any changes, as long as you don't redistribute the binaries. Conversely, if you redistribute an application that uses GPL protected code (even if the GPL code is unmodified) you still need to follow the terms of the GPL licence.

    35. Re:It's not "stealing"...right? by nadaou · · Score: 1

      I don't think everyone here believes you can't steal music, first off.

      (too many double negatives makes $meme)

      Is it possible to steal an intangible item? a thought? a song? a rainbow?

      The solution is clear: steal musicians, German scientists, and my little ponies instead.

      --
      ~.~
      I'm a peripheral visionary.
    36. Re:It's not "stealing"...right? by mqduck · · Score: 1

      I'm fairly sure that by accepting money for someone else's property, you are stealing money from that person, whether you deprived that person of the property or not.

      You're right, but let's not reinforce the notion that imaginary "property" is property.

      --
      Property is theft.
    37. Re:It's not "stealing"...right? by ignavus · · Score: 1

      And, happily, the irony - if MS really is using open source in its first "better" product in a long time, that's a fun little fact to know.

      "Open Source. So good, even Microsoft is stealing it!"

      --
      I am anarch of all I survey.
    38. Re:It's not "stealing"...right? by Hal_Porter · · Score: 2, Funny

      That's not true. Bill Gates gives away all his money to children in developing countries. Every time you buy a copy of Windows 7 some cute African kid gets her malaria cured. If you use Linux that kid DIES.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    39. Re:It's not "stealing"...right? by smoker2 · · Score: 1

      Well they sure didn't "borrow" it !

    40. Re:It's not "stealing"...right? by DaVince21 · · Score: 1

      Don't Copy That Code!

      --
      I am not devoid of humor.
    41. Re:It's not "stealing"...right? by bcaz · · Score: 1

      Please stop anthropomorphizing corporations. They get really pissed off when you do that.

      I agree there was no corporate agenda to steal a dozen lines or so of code from the open source community. However, I could see the following:

      1) Product A is behind schedule

      2) Code Monkey B is under huge pressure to complete some feature for Product A. Luckily he finds some code on a blog which finishes off the routine he's working on. He doesn't perform due diligence to determine if this is GPL'd code or not. The blog doesn't provide references.

      3) Manager C forgoes the code review process to ship Product A on time.

      I have very little doubt that this is exactly what happened. This story is deserving of nothing more than a hanlonsrazor tag and migration off the front page of slashdot.

  14. Re:not sureprised by BrokenHalo · · Score: 4, Insightful

    Microsoft is evil. Always has been. Always will be.

    Maybe you're very young, but I seem to recall that Microsoft was at one time held as a sort of liberator from IBM's hegemony. I guess it's all a matter of perspective...

  15. I, for one by eclectro · · Score: 1

    I, for one, welcome our newest open source project to the community - Windows 7.

    --
    Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    1. Re:I, for one by onefriedrice · · Score: 0

      I, for one, welcome our newest open source project to the community - Windows 7.

      Which demonstrates one impracticality of the GPL. No judge is going to force MS to release the code of Windows 7 or even any part of it (assuming this dubious claim is true).

      --
      This author takes full ownership and responsibility for the unpopular opinions outlined above.
    2. Re:I, for one by icebraining · · Score: 2, Informative

      The code is not part of Windows 7, it's a tool to download copies of it.

  16. Re:not sureprised by NeverVotedBush · · Score: 3, Insightful

    That was a very short period of time. As soon as Microsoft had established itself - even before Windows - they started their campaigns against any competitors.

  17. In other news... by jayme0227 · · Score: 0, Offtopic

    Goatbert engages in anal stretching. My evidence: the names are very similar.

    Wait, you mean similarities DON'T mean that they are the same thing? Damn. I thought I was on to something.

    --
    But then I realized the cable was blue, so I only gave it one star. I hate blue.
  18. Re:not sureprised by ozmanjusri · · Score: 3, Insightful
    I seem to recall that Microsoft was at one time held as a sort of liberator from IBM's hegemony

    By whom?

    My memory of the early days of Microsoft was surprise that their nasty behaviour was tolerated.

    --
    "I've got more toys than Teruhisa Kitahara."
  19. Re:not sureprised by McGiraf · · Score: 4, Informative

    Copyright infringement is not stealing. No mater who does it.

  20. That's his evidence? by Ironsides · · Score: 5, Insightful

    Seriously, what he shows to be evidence looks like code that was written straight from reading the ISO disk image specification. Next up, school math class accused of mass cheating for solving math problems in similar ways.

    --
    Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    1. Re:That's his evidence? by ZosX · · Score: 1

      That's what I was thinking. There are only so many ways to code that. Perhaps both authors found a similar example on the net? Who knows? I mean if this was the most that was copied (assuming they borrowed the gpled code) this doesn't look all that damning.

    2. Re:That's his evidence? by The+MAZZTer · · Score: 1

      Does the spec suggest you should create a helper class called "UdfHelper"? Does it suggest other class and type names to use? IMO too many of them match up to be coincidence.

      http://www.withinwindows.com/wp-content/uploads/2009/11/example1.png

    3. Re:That's his evidence? by Ironsides · · Score: 5, Informative

      Actually, it does suggest class and type names. Start here Now, show me more than 15 lines and I'll start to believe it was copied. Say, show me what called RealLogicalDescriptor (and all of RealLogicalDescriptor too) in combination with all of UdfReader.cs. Preferably in text and not in an image. Actually, just give me the MS code and I'll line it up to the ImageMaster code myself.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    4. Re:That's his evidence? by Rafael+Rivera · · Score: 1

      The tool is freely downloadable and linked in the article. Reflect it and presto -- you'll have the Microsoft code.

    5. Re:That's his evidence? by Ironsides · · Score: 1

      Cripes. I had even looked at that page before and didn't notice that it was free. Thanks.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
  21. They are both violating my copyright by Locke2005 · · Score: 2, Funny

    I've written subroutines called "ReadByte" several times, so obviously both the Microsoft code and the GPL code is in violation of my company's copyright! (BTW, if the ReadBytes routine doesn't have a buffer size parameter and return the actual number of bytes read, it is bad code.)

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:They are both violating my copyright by cheesybagel · · Score: 1

      Try reading the article (yeah I know people in Slashdot don't read articles, but still...) It is not just the method name. The code for the method implementation is identical as well. There is more than one way of writing that method, so it means both pieces of code have the same origin. Which, is open to speculation.

    2. Re:They are both violating my copyright by Rockoon · · Score: 0

      so it means both pieces of code may have the same origin

      Fixed that for you.

      --
      "His name was James Damore."
    3. Re:They are both violating my copyright by The+MAZZTer · · Score: 1

      I like your "BTW". It implies both the ImageMagik devs and Microsoft managed to both make the same mistakes.

    4. Re:They are both violating my copyright by Fnkmaster · · Score: 1

      Wow, did you even look at the current example? You must be braindead if you don't realize there is a common origin.

    5. Re:They are both violating my copyright by Fnkmaster · · Score: 1

      And to clarify further - that doesn't mean Microsoft copied the code from ImageMaster - there are lots of other potential original sources for these sections of code. But clearly this goes way beyond a couple similar function names.

    6. Re:They are both violating my copyright by Rockoon · · Score: 0, Flamebait

      Wow, did you even look at the current example? You must be braindead if you don't realize there is a common origin.

      You mean other than the format specs? Dumbass.

      --
      "His name was James Damore."
  22. Re:not sureprised by Abreu · · Score: 4, Informative

    Ok, then... If MS used GPL code, then they did not "Borrow" it either

    They used it in violation of copyright

    --
    No sig for the moment.
  23. Re:not sureprised by Blakey+Rat · · Score: 1

    I still see them that way. Have you ever *used* Lotus Notes? Can you imagine what work would be like if that was the only groupware option out there? Ugh.

  24. Doesn't sound significant by khallow · · Score: 1

    Even if true, surely Microsoft would just need to perform minor corrective action (replace the code promptly and discipline or fire those responsible for inserting the stolen code). The software isn't a significant part of the system. Nor does it seem to be a difficult bit of code. So you can't really claim that Microsoft is making boatloads off of or even just saving money by stealing the code. And I think MS probably could make a good argument for saying that either they had a rogue developer or someone made a terrible mistake in inserting the code. It just doesn't look like "egg on face" to me unless the replacement of the code results in some high publicity drama like a recall of the OS.

    1. Re:Doesn't sound significant by Anonymous Coward · · Score: 0

      Judging from the comments it seems like this may be a bogus claim of copyright infringement.

      That said, if MS *were* infringing, this wouldn't be insignificant. MS is a member of the Business Software Alliance, one of those trade groups that encourages disgruntled employees to turn in their former employers for violations, provides controversial statistics/misinformation about the frequency and effects of piracy, lobbies congress to increase penalties and strengthen laws against copyright violators, and goes after small and medium-sized businesses for violations large or small, whether or not they're "making bloatloads" off the software.

      One of the things about trade organizations like the BSA, MPAA, RIAA, etc. is they can act as a PR cover for companies who want to use bullying tactics but don't want their actions directly associated with the member companies names. The BSA has certainly been accused of such bullying and as being a "front" for Microsoft in particular, so if they were pirating code themselves, it would be significant.

    2. Re:Doesn't sound significant by Al+Dimond · · Score: 1

      If it turns out that Microsoft copied code from this GPL project (it's possible that both used a common reference source -- comments on the blog post mention that there are lots of .NET code samples out there, many from Microsoft itself... I don't know a lot about this, but I could see something like ReadBytes being one of these) it's a copyright infringement issue. The developer of the original project would probably try to come to an agreement with Microsoft. One possible agreement would be that they would comply retroactively with the GPL, and thus offer its terms to all users (applying to everything statically linked to the infringing code, if I understand it correctly). If they couldn't come to an agreement the original developer could sue Microsoft.

      Forcing the guy to sue would probably be an effective strategy for Microsoft, although it could be a bad PR move if it got public enough. It *might* be able to get out of offering the GPL to anyone, instead only paying a small sum of money to the developer (the court probably can force Microsoft to offer the GPL, but I'm not sure it would -- and since the program is offered for free it's hard for the developer to claim much in the way of monetary damage). The court probably wouldn't force Microsoft to stop distributing the software with any urgency, because that would disrupt too many people. They'd have some reasonable amount of time, after the verdict, to comply, but they'd have been working on a solution throughout the trial while only racking up more fees to the developer, who would himself be racking up legal bills and wasting his own time.

      That is the case regardless of whether it was a "rogue developer" or an order straight from Steve Ballmer. Either way, this whole post is irrelevant if Microsoft didn't actually infringe, which is quite possible.

  25. Re:not sureprised by Abreu · · Score: 5, Insightful

    Probably those who get paid to work on GPL software...

    Your point is? Do you have an accusation to make?

    --
    No sig for the moment.
  26. Did a GPL project steal code from Microsoft? by Manfre · · Score: 4, Insightful

    With the amount of "evidence" in the article, the same accusation could be made against the GPL project. Perhaps the author of that project illegally gained access to Microsoft code and used it as a starting point for ImageMaster.

    1. Re:Did a GPL project steal code from Microsoft? by The+MAZZTer · · Score: 1

      Perhaps, but this exact reasoning is why "prior art" is considered in copyrights (IANAL, it just makes sense). Check the dates?

      Also some other bits for your consideration:

      • The Microsoft tool was only released a few weeks ago.
      • Reflector-decompiled code is not exact to the source code. Stuff like constants, comments, and some variable names will be stripped out, as well as code formatting of course. It would require refactoring to get it into the same shape as the ImageMaster source.
      • Microsoft is not known for their opensource apps. The tool is not one of them.
    2. Re:Did a GPL project steal code from Microsoft? by Anonymous Coward · · Score: 2, Interesting

      Or more likely, it's a piece of MSDN example code.

    3. Re:Did a GPL project steal code from Microsoft? by Anonymous Coward · · Score: 0

      Or, was ImageMaster a fork from an internal Microsoft project? What if it was written by an employee at MS in their spare time, open sourced. Then same employee had to write something similar for work and copied his own code and gave it to MS? Or worse, did things the other way around. (In which case, ImageMaster is the one possibly violating copyright if the code wasn't supposed to be open sourced by an employee?)

      Who is element109?

      The comments on the original talk about 7-Zip. Except 7-zip is native C++, this is clearly .Net. That doesn't add up. Something's odd somewhere.

  27. Re:not sureprised by maharb · · Score: 3, Insightful

    Ever think that if this code was stolen it was done by a lower level employee and not an executive. It is way more likely that a small group of employees couldn't hit a deadline or something and so they borrowed code form other places to get it done. I know executives and have heard many executives speak... they don't like legal exposure, they don't want to do things wrong because it is their neck on the line. It is way more likely that it was the average slashdot user who did this than it was a "Microsoft Corporation" decision.

    I also don't know the validity of these claims but I read some posts saying that this stuff was outsourced. aka Microsoft didn't even claim to code it, they just bought botched code. Good going with your theory... it appears even more that the "evil" people in this situation are lowlife developers and not the "Corporate Suits" that your agenda is pushing.

    Microsoft as a corporation is the victim here TBH.

  28. Re:not sureprised by Antique+Geekmeister · · Score: 1, Insightful

    Considering the existence of laws such as the "The Artists' Rights and Theft Prevention Act of 2005", the "The Digital Theft Deterrence and Copyright Damages Improvement Act of 1999", and various others, it seems clear that the US Congress disagrees with you.

  29. Re:not sureprised by Spy+der+Mann · · Score: 4, Informative

    Microsoft is evil. Always has been. Always will be.

    Maybe you're very young, but I seem to recall that Microsoft was at one time held as a sort of liberator from IBM's hegemony. I guess it's all a matter of perspective...

    Bill Gates' open letter to hobbyists. Any questions?

  30. Re:not sureprised by LinuxAndLube · · Score: 1

    Luckily IBM never lowered themselves to such despicable practices.

  31. Re:not sureprised by lorenlal · · Score: 1

    How many developers took code they wrote for their company and used it in a GPL project afterwards?

    How many people speed without getting a ticket? How many people take a stapler from their employer and don't get fired? You imply that it's only wrong if everyone gets punished for it.

    Besides, your example is flawed beyond that: There are cases where taking code from your company is perfectly legal and fine, like... If your employer decides to make the code produced open source. I understand that's not normally the case, but it's worth mentioning.

  32. Re:not sureprised by Anonymous Coward · · Score: 5, Interesting

    >> Microsoft is evil. Always has been. Always will be.

    > Maybe you're very young, but I seem to recall that Microsoft was at one time held as a sort of liberator from IBM's hegemony. I guess it's all a matter of perspective...

    Maybe YOU are very young. IBM was taking a beating and didn't manage to get their own PC done.

    So they assembled a task force and said go and get us an IBM PC.

    They did it -- without IBM parts!

    The processor was from Intel and the OS from a small company who had to buy it from someone else, because they couldn't do it in time (little did we know then what these guys were up to).

    In summary, there were a lot of good computers with other OSes, the main ones being CP/M and AppleDOS (not necessarily the better ones).

    So:

    1) M$ actually helped IBM (for money, of course) and
    2) M$ is known to innovate after others innovated first.

    I could cite sources, but this way we can argue longer. 8-)

    Not that anyone reads ACs here anymore...

  33. Plagiarizing != stealing != copying. by Spy+der+Mann · · Score: 4, Insightful

    I don't think everyone here believes you can't steal music, first off.

    Speak for yourself. I do believe you can't steal music.

    You could steal the original copies. You could steal a famous painting. But "stealing" music? For instance, what IS music? It's nothing but a mathematical concept involving harmonics and sound.

    What are words? You can't "steal" what I said. This isn't like the little mermaid where you could steal someone's voice and leave him/her mute.

    Non-physical works CANNOT be stolen. Unless you're talking about a PHYSICAL COPY, you cannot steal it by definition. Copying a work? That's completely different. But if it's a non-destructive process, you're not stealing it. You're just COPYING it.

    If you want to use an appropriate term for what Microsoft supposedly did with this GPL code, it's called plagiarism. Sure, it's called "stealing" nowadays, but using this word is oversimplifying.

    1. Re:Plagiarizing != stealing != copying. by Anonymous Coward · · Score: 0

      "You're just COPYING it."

      It's not as simple as that.

      You bought an expensive piece of machinery to allow you to make the copies, and probably also a connection to a world wide network of severs, and have provided electricity and the correct working conditions for your copying machine to operate.

      This investment in power, computing and audio equipment, and networking capability is not trivial.

      People seem to assume that downloading mp3's is something people do almost by accident, but in fact it is a premeditated and complex method of illegally reproducing copyrighted material.

    2. Re:Plagiarizing != stealing != copying. by Anonymous Coward · · Score: 0

      Stealing involves something taken away. Copying does not. It is as simple as that, and people keep using the wrong terms applied on the non-physical aspects (data, for example). It doesn't make it easier just because you're too lazy to write copyright infringement. It does the opposite! It makes people equate rules from physical to non-physical. Those who know this, will explain, making it essentially flamebait as well. Face it, it blurs the argument, and allows all kind of fallacies to be used and abused in discussion. Actually, I propose comparing the physical with non-physical to _become_ a fallacy. It is the very same with licensing. Examples: you don't 'buy Windows'. You buy 'a license for Windows 7, and for example a DVD with Windows 7'. You don't 'buy music'. You buy 'a license for music, and for example a CD with the music on it'. In both cases the licenses refer to how the licensee may use it, and obviously they're quite restrictive.

      The only way music can be stolen or destroyed is when somehow the master copy of physical media it is stored upon is removed from the owner, with no 1:1 copy of the master copy available. Destroyed, for example, when a harddrive dies or if my TB-303 would break I'd lose current work in the memory banks. Stolen, if I have a DAT tape with music on it which is my only version which gets stolen however as you put this involves physical media. Because the music on the DAT is now not in my possesion anymore I can refer to it indirectly as 'unlawful loss of property due to removal from owner's possesion'; ie. theft. But this refers to the DAT; _not_ its contents. Look up the law about theft. In my language (Dutch) it is very clearly described what 'theft' refers to, and it describes something akin to what I described above.

      (Although plagiarizing hurts artists very much but there is also fair use it is different from copyright infringement without financial intent.)

    3. Re:Plagiarizing != stealing != copying. by adolf · · Score: 1

      It is no different than operating a printing press, and copying (NOT stealing) copyrighted books for distribution, which was (not incidentally) why we got copyright law in the first place.

      That it is convenient because one has some gear to help get it done, does not change the crime from "copying" to "stealing."

    4. Re:Plagiarizing != stealing != copying. by Anonymous Coward · · Score: 0

      Yep, I bought my computer to steal music and movies. I also bought my car to run people over with. You analogie is seriously flawed... pls work on that and get something better in the future. P.S. pls stop drinking the RIAA koolaid.. its not good for you

    5. Re:Plagiarizing != stealing != copying. by mr_matticus · · Score: 0, Troll

      Non-physical works CANNOT be stolen. Unless you're talking about a PHYSICAL COPY, you cannot steal it by definition.

      The dictionary says the following meet the definition of 'steal', among others:

      1. to take without permission or right.
      2. dishonestly pass off (another person's ideas) as one's own.
      3. to appropriate (ideas, credit, words, etc.) without right or acknowledgment.
      4. to take, get, or win insidiously, surreptitiously, subtly, or by chance.
      5. to move, bring, convey, or put secretly or quietly.
      6. attract the most notice in (a scene or a theatrical production) while not being the featured performer

      You can certainly steal music under, at the very least, definitions 1 through 4.

      This argument is among the dumbest advanced by Slashdotters. All it takes is a glance at a dictionary to disprove.

      You cannot say a word does not apply by selecting one of its many correct and ubiquitous definitions. No definition of stealing requires the deprivation of physical property.

      You are confusing that definition with a number of criminal acts, none of which are, in fact, termed "stealing" and all of which have specific names and elements.

      If you want to use an appropriate term for what Microsoft supposedly did with this GPL code, it's called plagiarism. Sure, it's called "stealing" nowadays,

      It was always called stealing. Plagiarism is stealing. Theft is stealing. Conversion is stealing. Infringement is by definition stealing (you are asserting a property right which is the exclusive property of another--the entire basis for its illegality). Misappropriation is stealing. Trespass to chattels is stealing. Theft of service is stealing (and utterly lacking in tangibility).

      "Stealing" is nothing more than a colloquial term for unauthorized takings, including such takings that are not unlawful, including plagiarism and the ubiquitous "He stole my idea!" uttered by at least one student in every science fair across the globe. It is nothing short of moronic to pretend otherwise. There is nothing about "stealing" that is confined to acts of taking a finite, tangible object from another person to the exclusion of all else. It's time to get over that.

    6. Re:Plagiarizing != stealing != copying. by Anonymous Coward · · Score: 0

      Now try illegal copying without the computer.
      Or without an internet connection, power or a safe location to work from.

      The fact remains that you need to build and maintain your piracy setup to keep it operational.

      Don't feel bad about this. A large proportion of internet traffic is the exchange of pirated material, so you are not alone.

      My point remains that piracy is premeditated and requires significant investment in computer and communications technology to carry out.

    7. Re:Plagiarizing != stealing != copying. by Anonymous Coward · · Score: 0

      I don't think everyone here believes you can't steal music, first off.

      Speak for yourself.

      He was speaking for himself...

    8. Re:Plagiarizing != stealing != copying. by icebraining · · Score: 1

      Definition of "take":

      to get into one's hands or into one's possession, power, or control: as A : to seize or capture physically B : to get possession of (as fish or game) by killing or capturing C (1) : to move against (as an opponent's piece in chess) and remove from play (2) : to win in a card game d : to acquire by eminent domain
      2 : grasp, grip

      A is the only valid definition in this case.

    9. Re:Plagiarizing != stealing != copying. by falconwolf · · Score: 1

      You can certainly steal music under, at the very least, definitions 1 through 4.

      Dictionary and legal definitions can, and frequently are, different. There are even multiple definitions as well as differences in dictionary definitions.

      Falcon

    10. Re:Plagiarizing != stealing != copying. by eggnoglatte · · Score: 1

      I don't think everyone here believes you can't steal music, first off.

      Speak for yourself.

      If you re-read that sentence, I think you'll find that he did.

    11. Re:Plagiarizing != stealing != copying. by Dare+nMc · · Score: 1

      Generally (IMHO) it is OK to judge others by their stated morals. When M.Soft says it's stealing to use their software without following their "Terms of use". Even if I don't agree with them, if they turned around and ignored the GPL, then we should be allowed to throw it back at them as theft. Similar with preachers/republicans when they tell you what is immoral, then violate it themselves, they should be judged on that, and not solely on the laws or morals of a different culture that has different beliefs. Because it is clear if they violate the rules the hold most dearly, they will violate any rules anytime they think they won't get caught.

    12. Re:Plagiarizing != stealing != copying. by noidentity · · Score: 1

      If you want to use an appropriate term for what Microsoft supposedly did with this GPL code, it's called plagiarism. Sure, it's called "stealing" nowadays, but using this word is oversimplifying.

      And possibly copyright infringement, if Microsoft's use of the code violates the license the code is distributed under.

    13. Re:Plagiarizing != stealing != copying. by Anonymous Coward · · Score: 0

      You can't "steal" what I said.
              ---- Anonymous Coward

    14. Re:Plagiarizing != stealing != copying. by YttriumOxide · · Score: 1

      No definition of stealing requires the deprivation of physical property.

      Perhaps according to your dictionary, however please see this earlier slashdot post of mine where I cite several laws that specifically mention it.

      --
      My book about LSD and Self-Discovery
      Also on facebook as: DroppingAcidDaleBewan
    15. Re:Plagiarizing != stealing != copying. by Anonymous Coward · · Score: 0

      I'd just walk down the street and buy MP3s on CD or DVD and stick them in my player.

    16. Re:Plagiarizing != stealing != copying. by man_of_mr_e · · Score: 1

      Ok, so what about when Linux advocates criticize Microsoft every time there's a flaw in Windows, but strangely consider every flaw in Linux to be evidence that many eyes works well?

    17. Re:Plagiarizing != stealing != copying. by mr_matticus · · Score: 1

      You cited to definitions of theft.

      Theft is a legal term of art. Stealing is not.

    18. Re:Plagiarizing != stealing != copying. by mr_matticus · · Score: 1

      There is no legal definition of stealing. There is no crime of stealing. It is not a term of art. Period. If you say "steal" in a pleading, it has exactly no consequences. A simple perusal of cases on issues as diverse as unfair competition and real estate law contain uses of this word in various forms.

      There is theft, there is conversion, there is trespass to chattels, there is misappropriation, there is infringement, there is theft of service, there is embezzlement, there is robbery. All of these are specific forms of stealing codified by law. Stealing is not among them.

    19. Re:Plagiarizing != stealing != copying. by mr_matticus · · Score: 1

      Take:

      "1. To lay hold with one's hands; capture or gain possession; seize or capture; catch or get; accept and act upon; get or obtain; to assume or appropriate as if by right ... (there are over 50 definitions in the OED)

      2. (trans) to remove from a particular place."

      "To take" is not confined to the definitions you list, nor can you say that any one is exclusively applicable.

      "To take from", the transitive verb, is the one you're substituting for the word.

      So again, nice try, but no. You are flat-out wrong.

    20. Re:Plagiarizing != stealing != copying. by falconwolf · · Score: 1

      As I said there are differences in general dictionary and legal definitions.

      Falcon

    21. Re:Plagiarizing != stealing != copying. by mr_matticus · · Score: 1

      That's precisely the point. People here use an asinine pseudo-legal argument to say "infringement is not stealing", and then proceed to prove the argument that infringement is not theft.

      Stealing and theft are not coterminous. It's the classic square/rectangle problem. ROM is non-volatile memory; non-volatile memory is not necessarily ROM. Theft is necessarily stealing; stealing is not necessarily theft. Plagiarism is stealing; it is not theft. Copyright is stealing; it is not theft. You cannot prove that infringement is not stealing by proving that it is not theft. In fact, at least one person already did so as of this comment. Another poster offered the verb "take", isolated a single definition, and then said it "proved" that 'stealing' did not apply.

      It doesn't work that way. A word does not apply only if all accepted definitions do not apply. You can't say the thing across the river is not a bridge, because a "bridge" is a musical transition. The same phenomenon goes on here with alarming regularity and with blind devotion...all to disprove an argument that amounts to nothing at all. Calling it 'stealing' is factual and without consequence, either ethical or legal. It's a completely ridiculous position to take that utterly undermines the legitimate aspects of the debate.

      Infringement is stealing. Period. There is no rational contrary argument. The debate is only what is and is not lawful, and whether or not it should be lawful to do. People steal all the time. Most of it is totally unobjectionable, and of the stealing that is objectionable, only a relatively small fraction is against the law. There's no substantive gain to be had by arguing that it isn't stealing; it only makes such people look like fools.

    22. Re:Plagiarizing != stealing != copying. by falconwolf · · Score: 1

      That's precisely the point. People here use an asinine pseudo-legal argument to say "infringement is not stealing", and then proceed to prove the argument that infringement is not theft.

      Why are you telling me then instead of those who use words improperly? I do that with others, the words I do this with mostly is "hacker", "liberal", and "polygamy". Hackers aren't criminal thieves, liberals believe in liberty and small government, and polygamy is where both male and females can have more than one spouse. And when I'm wrong I appreciate being corrected. Of course my problem when corrected is that I may not recall it, my memory is bad.

      Falcon

    23. Re:Plagiarizing != stealing != copying. by Anonymous Coward · · Score: 0

      Exactly what do you call it if I deprive you of customers and income?

      Maybe instead of calling it "infringement" or "stealing" we should just call it competition, right?

    24. Re:Plagiarizing != stealing != copying. by Anonymous Coward · · Score: 0

      "Steal" and "take" are not synonyms, you know.

      After all, dictionary.com gives this as a sense for "steal": 2. to appropriate (ideas, credit, words, etc.) without right or acknowledgment.

      And Merriam-Webster says of "steal": synonyms steal, pilfer, filch, purloin mean to take from another without right or without detection. steal may apply to any surreptitious taking of something and differs from the other terms by commonly applying to intangibles as well as material things.

      Oh yeah, and I can't help that the definition you gave is either your own (unlikely) or you stole the definition from someone else.

  34. Re:not sureprised by Anonymous Coward · · Score: 0

    How corporations always come up with excuses like "it was a low-level employee" or "an oversight" or "a honest mistake" to cover their corporate culture of evilness?

  35. Re:not sureprised by postbigbang · · Score: 1

    There's someone that has to vet the code. A few snippets could leak thru. I'd find it flattery by plaigarism.

    Then I'd laugh at how a jr coder might do such a thing. After all, no one ever steals code, ever. That would be wrong.

    --
    ---- Teach Peace. It's Cheaper Than War.
  36. "borrow"? by v1 · · Score: 1, Insightful

    Did Microsoft Borrow...

    Microsoft borrows, everyone else steals?

    I wonder if I can try that with the RIAA/BSA?

    --
    I work for the Department of Redundancy Department.
    1. Re:"borrow"? by phantomfive · · Score: 1

      In Hawaii 'borrow' very often does mean 'steal', in the very physical sense of the word. If you leave something around and don't watch it, it will very likely get borrowed. If you have roommates, your food may be borrowed from the refrigerator.

      Once I left my bike unlocked in a bike rack, and came back an hour later to see it was gone. Then three months later, I walked out to see it placed in the very same bike rack, somewhat worse for the wear. Borrow in the most true (although I was an unwilling participant) sense.

      --
      Qxe4
    2. Re:"borrow"? by YourExperiment · · Score: 1

      I wonder if I can try that with the RIAA/BSA?

      Sure you can. Good luck, and be sure to let us know how you get on!

  37. Re:not sureprised by GooberToo · · Score: 1

    Copyright infringement is not stealing. No mater who does it.

    Copyright infringement IS stealing - it just has a different legal definition. It literally fits the non-legal definition. Stealing stocks is a called fraud or embezzlement. Stealing property from a home is called burglary. Stealing cars is called grand theft auto. Stealing copyrighted works is called copyright infringement. Stealing is stealing. Period.

    Please stop purposely trying to mislead people by attempting to craft mind share. You're purposely attempting to confuse the morale and plain English definition and implications with that of the legal definition. The fact is, stealing is stealing. If you take something to which you have no right to do so, you are a thief - regardless of its exact legal classification.

    Pirates need to come to terms with the fact they are thieves - no better than the scum they likely condemn.

  38. From TFA by digitalPhant0m · · Score: 2, Insightful
    From TFA

    You may not ... reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

    Which seems to be exactly what the Author has done. Sucks to be him, or anyone else trying to find out if M$ has stolen your code and violated your license, since the only way to find out, is to violate M$'s license agreement. Have fun in court.

    1. Re:From TFA by Ash-Fox · · Score: 2, Informative

      It's completely legal where I live to disassemble and reverse engineer software, could be for the author too.

      --
      Change is certain; progress is not obligatory.
    2. Re:From TFA by rdnetto · · Score: 1

      An alternative is that he reverse engineered the installer to remove the EULA before he installed it. I've got no idea what the legal status of that would be though...

      --
      Most human behaviour can be explained in terms of identity.
    3. Re:From TFA by Anonymous Coward · · Score: 0

      Yes but the MS tool is used under the laws of the State of Washington - not where you live.

    4. Re:From TFA by Ash-Fox · · Score: 1

      Yes but the MS tool is used under the laws of the State of Washington - not where you live.

      Which cannot legally apply to me, where I live either.

      --
      Change is certain; progress is not obligatory.
    5. Re:From TFA by Anonymous Coward · · Score: 0

      Of course they can.

      Enforcing them is another matter, but still potentially possible.

  39. A reverse-SCO? by MosesJones · · Score: 1

    So based on a fragment of pretty basic code doing a very basic task that most people would write off the top of their head the assumption that it has been stolen from OSS.

    This is like the old SCO claim around the Knuth code. There really are some basic bits that date back to the pre-history of IT. This is a long way from evidence and doesn't make the OSS world look any better than SCO did with their claims.

    Evidence folks needs to be a bit bigger than a method.

    --
    An Eye for an Eye will make the whole world blind - Gandhi
    1. Re:A reverse-SCO? by Rafael+Rivera · · Score: 1

      My accusations aren't based on a mere fragment. That'd be stupid if true. What I provided was merely an example.

  40. Re:not sureprised by iammani · · Score: 1

    None, unless the employer has specifically agreed. If you believe otherwise, then prove it.

  41. Method Names and Properties? by SwashbucklingCowboy · · Score: 1

    FTA: A simple search of some method names and properties, gleaned from Reflector's output, revealed the source code was obviously lifted from the CodePlex-hosted (yikes) GPLv2-licensed ImageMaster project.

    Give me a break! That's just enough evidence to go and dig more deeply. It's hardly proof of anything, but the author's bias.

  42. Re:not sureprised by eugene2k · · Score: 3, Insightful

    Yes, after reading the original letter I have one: how does that letter prove that Microsoft is evil? The only thing Gates is saying is that he and his company has invested around $40000 in building and supporting the software, and the return was so small, it was just enough to break even. The pay, he states, was $2 an hour. If you don't mind working for $2 an hour, that's ok of course, but most people probably wouldn't go to the university to learn computer science if their pay was less than that of a mcdonalds employee.

    --
    Apple has "Mac vs PC", Microsoft has "Laptop Hunters", Linux has recession
  43. Did Microsoft Borrow GPL Code by frovingslosh · · Score: 0, Redundant

    No, they did not. Borrow is the completely wrong word here. Maybe they stole the code, but they certainly didn't borrow it.

    It hardly matters though. It is perfectly OK when Microsoft does this, as seen from a long lime of past actions. When you copy their code it is a felony, but when they take something that they want it's just business as usual.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:Did Microsoft Borrow GPL Code by maiki · · Score: 1

      Is "steal" even the right word? The original code still exists whence MS got it, and last time I checked, it's A-OK to use GPL code (it just makes the licensing situation of the code using it a little hairier). I'd say "copy" or "use". Otherwise, if they fix some bugs in the code and send the patch upstream (*insert canned laughter*), does that mean they returned the borrowed code?

  44. Re:not sureprised by Just+Some+Guy · · Score: 2, Insightful

    Stealing is stealing. Period.

    Yes, and copyright infringement ain't it, no matter how much your employer wishes otherwise.

    --
    Dewey, what part of this looks like authorities should be involved?
  45. More like STOLE by __aakdpj1217 · · Score: 0, Troll

    This is Microsoft. The company that tries to step on as many other companies as possible. Do you honestly think that Microsoft doesn't look at GPL'd code and add it? Hahhaah I wouldn't be surprised if a good 50%+ was GPL'd. It'd be a great day of defeat for Microsucks if this got confirmed. Considering their piece of crap Windows 7 it'd only be the final nail in the coffin. :)

    1. Re:More like STOLE by Anonymous Coward · · Score: 0

      What an idiotic assertion. Are you like 12 or something? Teehee microsucks!!!111one

      If Microsoft misappropriates IP (you can't "steal" IP) then (1) people would complain about it like crazy and (2) they would be sued or forced to settle out of court.

  46. Re:not sureprised by kill-1 · · Score: 3, Insightful

    No, there is one major difference. If I steal your car, you can't use it any more. If I copy your software, you can still use it. I don't take something away. In most cases, the copyright holder doesn't even notice.

    It's the copyright holders that are trying to mislead people and contort the English language by saying stealing is the same as copying.

  47. Why was this posted on slashdot? by tp_xyzzy · · Score: 0, Troll

    I don't think slashdot is correct place to handle issues like this.

    1. Re:Why was this posted on slashdot? by FunPika · · Score: 2, Informative

      To get people to bash Microsoft of course. ;)

      --
      After years of not using a signature, I am going to make one to say the following: Fuck Beta
  48. This statement needs correction by Pecisk · · Score: 0

    "If Rivera's evidence holds up, this could be some serious egg in the face for Microsoft at a time when they're buying mostly good press from the tech media".

    Knowing how things happen in media today - hint: in economical downturn even serious press are easy to buy - this is only a half joke.

    --
    user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    1. Re:This statement needs correction by westlake · · Score: 0, Troll

      hint: in economical downturn even serious press are easy to buy - this is only a half joke.

      In hard times stories this trivial have no value even as filler.

      What the geek ought to be talking - and thinking - long and hard - about this week is Win 7 entering the market with a 4% share of the desktop.

       

  49. When are they NOT getting good press? by newdsfornerds · · Score: 1

    Well, they do get -some- bad press occasionally but in general the mainstream media faun over MSFT constantly. The freakin BBC aired an interview with Ballmer recently where they asked him all sorts of questions about the world economy! WTF? Does Ballmer have a degree in economics? Does he have a crystal ball? And if he did know something we don't about the economy, would he really share it freely? Really?

    --
    Damping absorbs vibrations. Dampening is caused by moisture.
    1. Re:When are they NOT getting good press? by im_thatoneguy · · Score: 1

      When your company's revenue is more than the GDP of most nations I think you're a good position to discuss the world economy.

  50. Re:not sureprised by Anonymous Coward · · Score: 0

    Not really. If you buy a stolen car and then get cough, you get to lose your car. MS will not make me cry.

  51. Can not blame by Anonymous Coward · · Score: 0

    The half ass coders are in Windows land. Obviously the better coders jump to OSS

  52. Re:not sureprised by Anonymous Coward · · Score: 3, Insightful

    the US Congress is free to be as wrong as it wants to be.

  53. Re:not sureprised by HermMunster · · Score: 3, Insightful

    The differences you fail to make clear is that copyright infringement isn't stealing something physical as in all your cases. Copyright infringement is making a copy without the permission of the copyright holder. It isn't like you denied the copyright holder any of their possessions as NO ONE can guarantee that the infringer would have bought the work to begin with. This is well a established precept.

    --
    You can lead a man with reason but you can't make him think.
  54. Bad press? Nobody gives a crap. by pclminion · · Score: 1, Insightful

    We have a society where a huge proportion of people violate copyright and feel okay doing it. Why would anybody give a crap when Microsoft does a little of the same? People will start taking the GPL seriously when they start taking copyright in general seriously. That is, never.

    1. Re:Bad press? Nobody gives a crap. by Mistlefoot · · Score: 1

      Violating copyright for my own use is much different then violating copyright to sell for a profit.

      I have no idea who is right or wrong here, not having RTA but I am pretty sure there aren't any laws preventing me from typing out the text of that book I bought. There are laws against me typing it out and selling it though.

  55. Umm - MS did not lift code from an OpenSource Proj by Anonymous Coward · · Score: 3, Interesting

    Element109 wrote on: http://social.msdn.microsoft.com/Forums/en-US/windowsopticalplatform/thread/421f3137-c9aa-45fb-8c5a-ec5dd6860036

    The iso and udf parsing portions were ported from the 7-zip project. The credits.txt file contains all the sources used in creating my project.

    7z
    by Igor Pavlov
    7-Zip is a file archiver with a high compression ratio.
    http://www.7-zip.org

    There are links to his source on his homepage. 7-zip is hosted on the SourceForge website.

    If you checkout my initial upload there is a file in the reader directory that is a very early stage of the initial udf port. I had excluded it from the VS environment and forgot about it. It is the file I deleted in the latest changeset.

  56. Good Press for Microsoft? by crhylove · · Score: 0, Flamebait

    Why? I don't get it. Sure, Windows 7 is about 100x better than Vista, but it's still buggy, unstable, a late copy cat of other superior OSes that have been out for a while (Mac/Ubuntu), and worst of all: Horribly prone to viruses.

    In the last two months I've done 20 reformats and OS installs. Of the 20, 10 were Windows 7 installs, and 7 were Linux Mint installs, and the other 3 were stock Ubuntu. Of the 7 Mint installs, I have gotten NO tech support calls. Not one. Every customer is happy and going about their business happily watching YouTube, making docs in Open Office, and IMing in Pidgin. Literally, not ONE tech support call. I got one tech support call for Ubuntu, the client didn't know how to install flash. I should've done that before I "finished" the job. Kind of my fault.

    No less than 5 of the Windows 7 installs have had to be REDONE. 5 of the clients got viruses within the first week, and needed a reformat. I switched 3 of them to Ubuntu 9.10. The other 2 I gave extremely stern lectures about Firefox, and bookmarked redtube on the bookmarks toolbar.

    I don't understand why everyone is all over MS in a good way for Windows 7. It is still under-featured, bloated, prone to viruses, slow to boot, and lacking in stability compared to almost every Linux distro out these days. The ONLY reason I install Windows is for gamers. And even for some of them I setup dual boot with Ubuntu or Mint and try to make them boot to Linux for everything BUT gaming.

    --
    I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
    1. Re:Good Press for Microsoft? by newdsfornerds · · Score: 1

      Congrats on converting ppl from Windows to Linux. I have never been able to accomplish this except with a friend and one family member. Linux on the desktop a tough sell, in my experience. Perhaps it's a little easier now than when I was trying to do it a few years ago.

      --
      Damping absorbs vibrations. Dampening is caused by moisture.
    2. Re:Good Press for Microsoft? by swissmonkey · · Score: 1

      So you're telling us that the installs you have done were botched and had to be redone. Why would that say anything about the quality of Windows 7 ?

      Because let's be frank, if you can't keep a Windows 7 stable, you have no business touching other people's computers.

      You sound *EXACTLY* like a Windows fanboy complaining about Linux because he has no clue about how to use it.

    3. Re:Good Press for Microsoft? by Anonymous Coward · · Score: 0

      Cool story bro

    4. Re:Good Press for Microsoft? by keith_nt4 · · Score: 1

      What do you mean exactly about the stability? I have been using the RTM of 7 since August (and the RC for more than a month before that) and have never had it freeze or crash even once in that time. Perhaps you could elaborate on the stability issues? Are you sure it wasn't the RAM or a bad sector on the HDD? Are you just referring to software crashes? That wouldn't really be the fault of the OS...

      --
      "UNIX is very simple, it just needs a genius to understand its simplicity." -Dennis Ritchie
    5. Re:Good Press for Microsoft? by crhylove · · Score: 1

      Botched? I installed Windows 7 perfectly. All drivers (even missing ones), all apps, whatever they needed. Simply put: there are TOO MANY viruses that Windows users are susceptible to. They were immediately bogged down with viruses within less than a week.

      Not all of them, but 50% of them, and that's just way too many.

      --
      I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
    6. Re:Good Press for Microsoft? by crhylove · · Score: 1

      I have had a couple of Windows 7 crashes. Granted, they are few and far between, but they've happened. I have not had any Mint crashes on a couple of different machines, even after months of constant operation! I'll grant that stability is much less of an issue than in previous Windows OS installations.

      --
      I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
    7. Re:Good Press for Microsoft? by crhylove · · Score: 1

      I definitely would advise you to try the latest Mint or Ubuntu. Linux has come a LONG way in the last year or two. It is night and day further along than it was in 2007. Try again!

      --
      I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
  57. It's not "stolen" code, by the way by bonch · · Score: 2, Insightful

    Rafael Rivera over at WithinWindows.com has found evidence that Microsoft has potentially stolen code from an open source/GPL'd project (ImageMaster) for a utility made available on the Microsoft Store to allow download customers to copy the Windows 7 setup files to a DVD or USB Flash Drive.

    Copyright infringement isn't theft, as the pirates always tells us on Slashdot, so nothing was "stolen."

    1. Re:It's not "stolen" code, by the way by stephanruby · · Score: 1

      Copyright infringement isn't theft, as the pirates always tells us on Slashdot, so nothing was "stolen."

      Copyright infringement, combined with claiming authorship as your own, now that's theft.

    2. Re:It's not "stolen" code, by the way by bonch · · Score: 1

      No, nothing is being physically taken away from you. You still have what you had before. That's the argument.

  58. Re:not sureprised by Anonymous Coward · · Score: 0

    And who would have given the people the impossible deadline to meet?

    If you're in charge, you're responsible. You can't claim to be both in charge of something and also not responsible for it...

    It doesn't matter who codes it, it matters who distributes it. That's what the license is about: distributing the code (as opposed to using the code, which is allowed with no restriction by the license as long as you don't distribute), in binary, and for GPL also in source form...

    MS the victim here... LOL ROTFL

  59. Re:not sureprised by bondsbw · · Score: 2, Insightful

    Luckily IBM never lowered themselves to such despicable practices.

    This isn't about IBM. We're over them. Microsoft is still an overwhelming force in the industry.

    They abused their monopoly by forcing OEMs to give them unfair advantages over competition. This isn't just an opinion... the only real competitor (Apple) has complete control over their hardware systems, and that's why they can compete.

    --
    All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
  60. Re:not sureprised by HermMunster · · Score: 1

    In the case of the Executive that didn't properly get the code vetted that's the company's responsibility. You would let them claim executive incompetence over responsibility? They could get away with anything! That product should be pulled and/or should be open sourced and the code released as is required.

    In the case of the "individual" that released the code that they wrote to GPL, they are either in violation of the GPL, or they had the right to do it. This isn't open source's community's responsibility. The larger company making a profit off the work of others and being in violation of the GPL have a greater obligation and responsibility than the open source community where a programmer may have contributed all or part of a project.

    And, it isn't common to hear that the open source community is using closed source proprietary code illegally. The open source community prides itself on removal of that offending code, period! It is not uncommon to hear that a large corporation is in violation of the GPL.

    --
    You can lead a man with reason but you can't make him think.
  61. Re:not sureprised by tengu1sd · · Score: 2, Interesting

    I used to think Lotus Notes was painful, bloated and clumsy. Then the business unit I was in was sold to a Microsoft Exchange company. After the ease of Lotus, the support for on/off/unknown network states realize how ungrateful I was. I miss the Lotus and easy synchronization.

  62. Re:not sureprised by NeverVotedBush · · Score: 0

    That's crap. You do too take something away - you take away the renumeration you should have paid.

  63. Re:not sureprised by HermMunster · · Score: 1

    I had an agreement with one of my employers that (because I didn't like writing code where they would make profit off my blood & sweat when I did all the work and not being hired as a programmer) all code I wrote was mine to freely do with as I wished.

    --
    You can lead a man with reason but you can't make him think.
  64. Oh yay... by Anonymous Coward · · Score: 0

    Now everyone can have a great time bashing Microsoft again like they have for the last 15 years.

    Grow up people... even IF they're guilty it's a tiny piece of code probably stolen by a single employee without anyones knowledge or consent.

    Sorry, I'm just so-effing-tired of people bitching and whining about the smallest of things.

  65. Re:not sureprised by Anonymous Coward · · Score: 0

    Copyright infringement is not stealing. No mater who does it.

    Nononono, we'll hear none of that here. If it's open source software, it is stealing, as well as genocide.

  66. Re:not sureprised by that+this+is+not+und · · Score: 1

    I know what dealing with Outlook is like, if that's any kind of an answer.

    Microsoft shifted to being a tool for weasel middle-manager types ages ago.

  67. Re:Umm - MS did not lift code from an OpenSource P by sconeu · · Score: 1

    7-Zip is LGPL. They still have to release all their source mods, but they don't have to open whatever they link with.

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  68. Re:not sureprised by McGiraf · · Score: 1

    Mmmmm RIAA Kool-Aid, tasty.

  69. Re:not sureprised by jbengt · · Score: 3, Insightful

    The difference being, when IBM was threatened with anti-trust action, they tried to please thr justice department, but when Microsoft was threatened prosecution, they defied the justice department all the way, until a "business friendly" administration dropped the ball.

  70. Re:not sureprised by DAldredge · · Score: 1

    The Stacker case was related to software patents not the outright coping of source code.

  71. Re:not sureprised by schon · · Score: 4, Insightful

    Copyright infringement IS stealing

    No, it isn't. Here is a handy guide illustrating the difference.

    it just has a different legal definition.

    And you know *why* that is? Because *IT'S NOT THE SAME*. If copyright infringement *WAS* the same as theft, we wouldn't need a special law dealing with it - it could be covered by theft laws. The fact that it isn't should tell you something.

    It literally fits the non-legal definition.

    No, it doesn't. It fits the propaganda term. Just because some media trade groups misapply a term as an act of propaganda does not make it so.

  72. Re:not sureprised by DAldredge · · Score: 4, Insightful

    Why is it that the only copyright violations that upset the /. masses are those involving code under the GPL?

  73. Re:not sureprised by 1s44c · · Score: 1

    Microsoft is evil. Always has been. Always will be.

    Maybe you're very young, but I seem to recall that Microsoft was at one time held as a sort of liberator from IBM's hegemony. I guess it's all a matter of perspective...

    Your enemies enemy is not your friend.

    Microsoft are and have always been a very bad thing for computing and everything that relies on computing. If they never existed we would likely be living in a far better world right now.

  74. Re:not sureprised by HiThere · · Score: 3, Insightful

    You are believing "facts" quoted by Gates that you can't check. (I'll believe that he hired people for $2 / hr. I won't believe that that was *his* recompense...though he *might* have been living on his family.)

    Still, his "open letter" wasn't as bad as his business practices at the same time...though that got a lot less publicity.

    Companies that trusted MS tended to go out of business even then. MS was still small, though, so many of them just had trade secrets stolen, and their going out of business was delayed until MS became a more significant competitor. Also: Gates didn't invent dumpster diving, but he practiced it.

    Still, there was a period when I though MS would be a less abusive company to deal with than IBM. And for around five-seven years it was true. This was probably because IBM wasn't allowed to compete by a consent decree, so IBM basically ignored the personal computer.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  75. Re:not sureprised by beelsebob · · Score: 1

    Of course they did, they're a company... All companies try to beat out the competition.

  76. Re:not sureprised by falconwolf · · Score: 2, Insightful

    So it's Okay for MS to use open source code but any open source project that uses MS code can be hounded and threatened? Let's see, is it 238 patents MS complains open source uses of MS's?

    Falcon

  77. Re:not sureprised by Cwix · · Score: 2, Interesting

    Its not that we hate copyrights except for ones for GPL We just think that its wrong for microsoft to sell a product, which steals functionality from a free one.

    --
    You are entitled to your own opinions, not your own facts.
  78. Re:not sureprised by HiThere · · Score: 2, Insightful

    We aren't "over IBM". They are still one of the dominant forces in the industry. But IBM *did* actually reform. It took them decades, but they did. So far MS has shown no indication of even wanting to (outside of PR moves).

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  79. not the first time they've used gpl code by Anonymous Coward · · Score: 0

    doesn't anyone know about...

    c:\windows\system32\drivers\etc\hosts

    ?

    microsoft is famous for stealing code.

    1. Re:not the first time they've used gpl code by BitZtream · · Score: 1

      Except the use of a hosts file was around before GPL existed. Great example though, just proves how ignorant people assume things that are utterly incorrect.

      Linux wasn't the first to use the hosts file for name resolution, sorry to disappoint, try again.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  80. GPL Quiz by giminy · · Score: 2, Insightful

    It's that time again. Before anyone comments on GPL lifting, please take the GPL quiz:

    The GPL Quiz

    Anyone who gets a perfect score may comment in this thread, all others please keep uninformed conclusions out.

    --
    The Right Reverend K. Reid Wightman,
    1. Re:GPL Quiz by BitZtream · · Score: 1

      I doubt Stallman would get 100% on that quiz. I've read the GPL several times, I even referenced it during the quiz, still not 100%.

      It would seem to me that the quiz is a great example of why not to use GPL rather than anything helping to promote it.

      Probably should define which version of GPL they are referring to as well since that changes the rules.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    2. Re:GPL Quiz by petermgreen · · Score: 1

      I got one wrong, a patent related question (and this may well have been something that changed between V2 and V3 iirc the patent related stuff got a major overhaul between V2 and V3)

      Of course that was with knowlage of not just the GPL but the FSFs interpretation of the GPL.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    3. Re:GPL Quiz by mqduck · · Score: 1

      That quiz is apparently out of date. The linked entry in the GPL FAQ that supposedly answers question #1 contradicts the supposedly correct choice. "He can put the source code on his web site, and put the URL on the CD" is said to be false, but the FAQ entry linked to begins with "Version 3 of the GPL allows this".

      --
      Property is theft.
  81. Re:not sureprised by maharb · · Score: 1

    That is not what I said. What I said is "Microsoft" probably didn't know about, authorize or condone the use of (GPL)open source code. That does not mean it is OK that it did happen. It does mean people need to stop generalizing from incidents like this to the idea that the Microsoft corporation is evil when it is individual actors at a low level that make this happen. Of course it is hard for everyone HERE to admit because that would imply, you guessed it, developers are the ones that actually are to blame. I find this ironic because of anyplace you would think Slashdot would be the place that would understand that higher ups never look at the code and only care that it works. So please re-read what I said in my OP and try and understand it, obviously you didn't understand it the first time because I never said MS has the right to use the code.

  82. Re:not sureprised by Blakey+Rat · · Score: 0, Flamebait

    I used to think Lotus Notes was painful, bloated and clumsy.

    And you don't now?

    After the ease of Lotus, the support for on/off/unknown network states realize how ungrateful I was.

    Maybe your company should have just fixed the network. Of course, Outlook works just fine in offline mode too, so really I have absolutely no idea what your trying to suggest here.

    The *ease* of Lotus? Notes is the antithesis of "ease."

    I miss the Lotus and easy synchronization.

    You miss "the Lotus." Are you still in 3rd grade, by chance?

    And yeah, easy synchronization. Like how you have to buy additional software to get Notes to synchronize to... well, basically *any device at all*. And how it'll then corrupt that device's database by various means-- my favorite was when it tried to enter meetings that ended before they began into a Palm. (Admittedly, the Palm should have rejected the meeting instead of corrupting itself, but still-- how the holy hell does Notes even *allow* meetings to end before they begin?)

    Then the business unit I was in was sold to a Microsoft Exchange company.

    I may have the opposite problem. My company's been sold to a company that, I understand, uses Notes. If they try to force me onto Notes, I'm quitting. And yes, I *do* feel that strongly about it.

  83. Re:not sureprised by Blakey+Rat · · Score: 4, Insightful

    I think most people think Outlook is pretty bad, until they actually have to *use* Notes... believe me, if you believe Outlook sets a low bar, Notes' bar is underground.

    I'm certainly not going to suggest Outlook is perfect, or even good. But compared to the alternative, it's incredible.

  84. Re:not sureprised by sgt_doom · · Score: 1, Funny
    Holy Crap! Mc@oftware steal code????

    Next someone will be accusing them of licensing other companies' code and then secretly incorporating it as part of their OS!! Geez, or someone will accuse them of sueing to death the original legal owner of the name, Internet Explorer. Geez, next someone will accuse their foundation of having far more investments in companies supporting bloody and violent African mercenary armies compared to what little good their foundation does in comparison to the actual harm.

  85. Absolutely no indication of 'theft' here. by BitZtream · · Score: 2, Insightful

    Look, when you take to functions that do essentially the same thing, and you compile them, to optimized code, there is a good chance, if the compiler is doing its job that the compiled byte code looks a lot a like. This code HAS to act the same, its reading the same data format. Its no surprised that when you decompile different versions that they look the a like, I would be concerned if they didn't.

    Go ahead and decompile it, so you aren't seeing the original source, you're seeing a decompilers version of the optimized code.

    I could probably write that function 100 different ways in one day and get the exact same thing out after compiling it to optimized byte code and then decompiling it. Its a rather specific process at that point for dealing with a standard. You almost HAVE to do things in that function that way in order for your code to actually work. There are a few changes that could be made, some branches could be done in different orders, but once you throw the optimizer at it, those branches are likely going to be reordered the same way to reuse registers and such rather than wasting extra ones.

    The author of the article is a newbie at best. Its fairly clear that he doesnt' actually understand what has happened in this process and has provided no evidence other than 'the end result looks the same!'. It could have went both ways, neither project was the first to write a UDF reader. My guess would be the first C# UDF code was actually a port of some C code to do it anyway.

    Finally if you read the comments section of the article, the ImageMaster credits.txt contains a link to MS source, while I haven't bothered to download the linked SDK, its a safe bet that the reason the code looks the same is because it probably is, ImageMaster PROBABLY pulled that function from an MS example. It happens ALL THE TIME.

    There is no MS conspiracy, just some douche bag blogger wanting to get posted on the front page of slashdot to increase his ad revenue.

    The proper thing to do is to remove this story from the front page to deny that traffic to him.

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    1. Re:Absolutely no indication of 'theft' here. by keith_nt4 · · Score: 1

      The proper thing to do is to remove this story from the front page to deny that traffic to him.

      I have permission to make lots of definitive posts without reading TFA then...?

      --
      "UNIX is very simple, it just needs a genius to understand its simplicity." -Dennis Ritchie
    2. Re:Absolutely no indication of 'theft' here. by Rafael+Rivera · · Score: 1

      Yep, that's me. The douche bag blogger that needs Slashdot's traffic so badly. rolleyes.gif

  86. Re:not sureprised by ianare · · Score: 1

    I have, it's the comapny's way of saying 'thank you'.

  87. Re:not sureprised by falconwolf · · Score: 1

    please re-read what I said in my OP and try and understand it, obviously you didn't understand it the first time because I never said MS has the right to use the code.

    I did read it, especially where you say Microsoft as a corporation is the victim here TBH. You excuse MS without excusing others.

    Falcon

  88. Re:not sureprised by Anonymous Coward · · Score: 1, Informative

    > Why is it that the only copyright violations that upset the /. masses are those involving code under the GPL?

    Because Slashdotters care about sharing and infringing upon the GPL harms that. Many of us don't give a used fig about copyrights in and of themselves.

  89. Re:not sureprised by DAldredge · · Score: 1

    The IBM anti-trust case lasted for 13 years, IBM did everything in their power to slow down the investigation.

  90. Break even? by syousef · · Score: 1

    Yes, after reading the original letter I have one: how does that letter prove that Microsoft is evil? The only thing Gates is saying is that he and his company has invested around $40000 in building and supporting the software, and the return was so small, it was just enough to break even.

    Um Microsoft hasn't exactly done so badly has it now? You could only claim to have just barely broken even founding and running Microsoft with some VERY creative accounting. Like writing off hookers, beer and multi-million dollar mansions and cars as business expenses. I suppose we should all feel very sorry for the CEOs who after all only pay themselves $1 a year in salary. Would YOU work for just $1 a year (and a few hundred billion in stock)?

    --
    These posts express my own personal views, not those of my employer
  91. Re:not sureprised by buchner.johannes · · Score: 2, Funny

    Because stealing BSD-licensed code is boring ;-)

    --
    NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
  92. So follow the rules ! by daveime · · Score: 1

    So all MS should do is publish the source code as an Automatic Update, and then they've complied with the GPL, yes ?

    If they played it right, they could win some kudos ... maybe not here of course, thise is /.

  93. Re:not sureprised by migla · · Score: 1

    Because GPL violations are wrong as opposed to many other copyright violations.

    --
    Some of my favourite people are from th US; Vonnegut, Chomsky, Bill Hicks.
  94. patents by falconwolf · · Score: 2, Informative

    Patents on the other hand dont protect the implementation, they protect the idea/process that is being implemented.

    • "Congress intended that a patent would protect a unique implementation of an idea or a formula that uniquely described a natural transformation."
    • "Patents protect the implementation of ideas; copyrights protect the expression of ideas; trade secrets protect confidential information; and trademarks protect the identification of the source of goods or services."
    • "Without the ability to protect the expression and implementation of its ideas, a business has little chance of success."

    Patent do protect specific implementations of ideas, not the ideas themselves.

    Falcon

  95. You misunderstand copyright. by falconwolf · · Score: 2, Informative

    Copyright protects a particular expression of an idea, not the idea itself. You're thinking of patents, which are completely different.

    And you misunderstand patents. Look at my reply to the post above yours. Especially see what Findlaw says about patents.

    Falcon

  96. Re:not sureprised by ZorbaTHut · · Score: 3, Insightful

    Because people are making money off it.

    Because the people violating that copyright are invariably the same people campaigning for the death penalty for other copyright violations.

    There are other, less obvious rteasons. But in summary, there are a lot of differences between the two situations, assuming you're comparing this and the mp3 issue.

    --
    Breaking Into the Industry - A development log about starting a game studio.
  97. Re:not sureprised by selven · · Score: 1

    Because, unlike average Joe downloading a torrent, they involve commercial redistribution.

  98. Re:not sureprised by OldGeek61 · · Score: 1

    Uh, no just a matter of age.

  99. Re:not sureprised by maharb · · Score: 1

    They are the victim of buying bad code how hard is that to understand? Yes there are things they could have done to prevent it but that is the same thing as saying its a rape victims fault for getting raped because they didn't carry a gun.

    I stand by my statement that the "company" is a victim of a very small few individuals actions.

  100. Re:not sureprised by portalcake625 · · Score: 0

    The DVD burner tool is not sold, it's available freely for download. It's for burning a Windows 7 DVD and just that. BTW: downloaded Imagemaster, and it's a viable alternative to Alcohol (minus the mounting). Way better than Infrarecorder.

  101. That isn't Open Source under the OSI definition by falconwolf · · Score: 1

    either. No free redistribution, derived works, or anything. Just because the source code is available doesn't make something open source.

    And only OSI can define what open source is?

    • S: (adj) open-source (of or relating to or being computer software for which the source code is freely available)
    • "Open source is simply programming code that can be read, viewed, modified, and distributed, by anyone who desires. WordPress is distributed under an open source GNU General Public License (GPL)."
    • Open Source: "Software whose source code is published and made available to the public, enabling anyone to copy, modify and redistribute the source code without paying royalties or fees. Open source code evolves through community cooperation. These communities are composed of individual programmers as well as very large companies. Some examples of open source initiatives are Linux, Eclipse, Apache, Tomcat web server, Mozilla, and various projects hosted on SourceForge and elsewhere."
    • "What is open source, and what is the Open Source Initiative?"

    While the term "open source" was coined by the Open Source Initiative source code was open, visible to see, study, and modify as early as the 1960s. The hackers of the Tech Model Railroad Club at MIT in the '60s was posting their source code on boards for anyone to improve and optimize.

    But then again that was before "hackers" was used as a negative word.

    Falcon

    1. Re:That isn't Open Source under the OSI definition by asaz989 · · Score: 1

      No, only the FSF (which wrote the GPL under which the ImageMaster code was released) can make the definitions here. And their intention on writing the license, and ImageMaster's intention on using it, were very clear.

    2. Re:That isn't Open Source under the OSI definition by falconwolf · · Score: 1

      No, only the FSF (which wrote the GPL under which the ImageMaster code was released) can make the definitions here.

      By what law or right can the FSF define something but others can't? I can't find it anywhere in the Constitution of the USA.

      Falcon

    3. Re:That isn't Open Source under the OSI definition by Anonymous Coward · · Score: 0

      LOL you're a fucking retard. I hope RMS rams his penis up your ass so hard you get AIDS, Cancer, Herpes, and die.

    4. Re:That isn't Open Source under the OSI definition by VolciMaster · · Score: 1

      No, only the FSF (which wrote the GPL under which the ImageMaster code was released) can make the definitions here.

      By what law or right can the FSF define something but others can't? I can't find it anywhere in the Constitution of the USA.

      Falcon

      What does the United States Constitution have to do with the Free Software Foundation's definitions of anything? If I write something, I get to define terms. It's pretty simple. They wrote it, and own the term, so they can define it.

    5. Re:That isn't Open Source under the OSI definition by falconwolf · · Score: 1

      What does the United States Constitution have to do with the Free Software Foundation's definitions of anything?

      Can you understand? You said only the FSF has the right to define what open source is so I asked what gives them the right to define it. If you don't understand rhetoric then I see no reason to continue.

      Falcon

    6. Re:That isn't Open Source under the OSI definition by asaz989 · · Score: 1

      Any distributor gets the right to redistribute GPLed code under the terms of that same license, which the courts of the Federal Government and the various states (under authority granted them under laws passed in Congress by Constitutional procedures) are obliged to enforce. This particular license's terms requires Microsoft (assuming, as seems likely but not certain, that they copied the ImageMaster code) to do certain things when they distribute their version

      Namely, if the .NET Common Interface Language executable distributed by Microsoft is considered "object or executable form" (in the language of the GPL), then Microsoft is required to "Accompany it with the complete corresponding machine-readable source code" with all of their modifications, which must themselves be released under the GPL license, or include an offer to request such source code from Microsoft. If (against all legal precedent) you consider the CIL to be a modified copy of the original GPL-licensed C# program released by the ImageMaster project, then the requirements are even more stringent - the file itself must be released under the GPL (and not under whatever EULA they did in fact include) and must include a) notices indicating exactly which files were changed from the original; and b) a notice indicating its GPL status. None of which Microsoft has done

    7. Re:That isn't Open Source under the OSI definition by falconwolf · · Score: 1

      What does this have to do with only the OSI being able to define what open source is?

      Falcon

    8. Re:That isn't Open Source under the OSI definition by asaz989 · · Score: 1

      Because the thread you responded to discussed the question of "what is open source" in reference to violations of the GPL. I assumed that in asking that question of who gets to define the term Open Source you were asking who gets to define the requirements regarding making your modifications to GPLed code be themselves open source.

      If I was wrong in assuming that, I'm very sorry I wasted your time and mine. If you were asking in the narrow sense about who gets to define the term Open Source, I would reply that the question is both irrelevant to this case - since the GPLv2 does not anywhere in its text refer to the term Open Source, and only refers to Richard Stallman's preferred term (Free Software) in the nonbinding preamble - and bearing of multiple answers. The most "official", insofar as any non-legal terminology is official, is that of the Open Source Initiative, which I don't really care to look up (if you'd like to, their web site is here)

    9. Re:That isn't Open Source under the OSI definition by falconwolf · · Score: 1

      Because the thread you responded to discussed the question of "what is open source" in reference to violations of the GPL. I assumed that in asking that question of who gets to define the term Open Source you were asking who gets to define the requirements regarding making your modifications to GPLed code be themselves open source.

      In the post I asked if only the OSI can define open source I posted 4 links to definitions of open source. Of them only one mentions the GNU GPL. Another one mentions other open source licenses.

      Since I posted that I've been thinking about how new rules or regulations were added to the books by the USDA to define what "organic" meant. The term organic has been used in the US since the 1970s to mean something specific and here was a government agency coming along 30 years later to define what it meant "legally". That upsetted a bunch of people.

      If I was wrong in assuming that, I'm very sorry I wasted your time and mine.

      I try, though not always successfully, to think that as long as something was learned it wasn't a compeat waste of tyme.

      Falcon

  102. Does three strikes count here? by Eadwacer · · Score: 0, Troll

    Can we disable MS's internet access?

  103. Re:not sureprised by Anonymous Coward · · Score: 0

    Its not that we hate copyrights except for ones for GPL

    We just think that its wrong for microsoft to sell a product, which steals functionality from a free one.

    How can you steal something that's free?

  104. Re:not sureprised by falconwolf · · Score: 1

    I stand by my statement that the "company" is a victim of a very small few individuals actions.

    And I stand by my statement that you single out MS in excusing their actions. It's alright if MS uses code without following the code's license but MS can accuse others of using it's own code.

    Falcon

  105. Re:not sureprised by mdielmann · · Score: 1

    If you don't mind working for $2 an hour, that's ok of course, but most people probably wouldn't go to the university to learn computer science if their pay was less than that of a mcdonalds employee.

    Well, then, good news for Gates. He did pretty well for a dropout, and remarkably well for someone who is constantly being ripped off. Or perhaps the facts are a little distorted? You'd be surprised to learn that many companies don't even do so well as to break even in their first few years.

    --
    Sure I'm paranoid, but am I paranoid enough?
  106. Re:not sureprised by Anonymous Coward · · Score: 0

    A lot of us disapprove of the concept of copyright, and approve of the freedom to use and modify code. The GPL is a neat hack that enforces this latter freedom, but does so using copyright law. Ideally, I think that many of us (well, me at least) would like to see copyright drastically curtailed, but the freedom to modify software ensured by other means.[1]

    [1] This could be very simple: say, a law stating that if you release software commercially, you must make the source code available. It's similar in concept to a law stating that the ingredients of a foodstuff must be listed on the label.

  107. Re:not sureprised by DAldredge · · Score: 2, Insightful

    Why is that? Why is it OK to violate my copyright but wrong to violate the GPL?

  108. Re:not sureprised by chrysrobyn · · Score: 3, Informative

    Maybe you're very young, but I seem to recall that Microsoft was at one time held as a sort of liberator from IBM's hegemony. I guess it's all a matter of perspective...

    Maybe I am very young, but I seem to recall Gary Kildall having a few words to say about both Microsoft and IBM in this era of liberation you speak of. Something about Microsoft stealing CP/M through a thinly veiled Seattle Computer Products?

  109. Re:not sureprised by Anonymous Coward · · Score: 0

    Just a guess, but it is probably the difference between stealing from a bank and stealing from a charity.

    Although in this analogy it would be like a bank stealing from a charity. *shrugs*

  110. Re:not sureprised by maharb · · Score: 0, Flamebait

    You are clearly an idiot. Quote from me:

    "What I said is "Microsoft" probably didn't know about, authorize or condone the use of (GPL)open source code. That does not mean it is OK that it did happen."

    Yeah, that sounds like I clearly think MS should be in the clear. By me saying MS is a victim it implies I think they are still liable for what happened. You are also continuing to prove my point by throwing around the "their actions." statement. Microsoft employs almost 100,000 people, mistakes or slip ups by small number or individuals does not equate to corporate sponsorship or policy which. Corporate policies or attitudes can be refereed to as 'their'. You don't say McDonalds is a dick company that promotes being dicks because one time you had a dick drive through operator.

    Surely if a open source developer slipped MS code in a project that *individual* would be the one to blame, not the project or the whole open source community? Correct?

    You are displaying irrational MS hating behaviors. This is a situation where Microsoft could clearly be legally liable but that doesn't mean the corporation meant to do what they did nor does it mean they are evil. It means a few people didn't do their jobs and will likely lose their jobs IF it even turns out they copied anything.

  111. Everyone Disassembles by woolio · · Score: 2, Insightful

    It looks like Microsoft's defence will be that the EULA says ""You may not reverse engineer, decompile or disassemble the software". They'll probably charge the guy with a DMCA violation...

    Legally speaking, what does it mean to disassemble a program? Is it to convert its machine representation into a more readable format? Every processor in every computer does this, it just disassembles to a language that is not composed of English words and numbers. \

    If someone owns Visual Studio and another program on their system crashes, what happens? A little dialog box asks the user if they want to debug. If they say yes, Visual Studio fires up with a disassembly view of the program that crashed!

    Isn't the entire Wine project basically reverse engineering the Windows APIs?

    1. Re:Everyone Disassembles by Bert64 · · Score: 1

      That would cause the validity of their EULA to be questioned in court, something they really don't want because the EULA is on shakey ground already and to have all or parts of it declared invalid by a court would do far more harm. Also, using an EULA to hide a criminal activity should be severely frowned upon by the judge.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  112. Re:not sureprised by calmofthestorm · · Score: 1

    I object to anyone who turns a profit on copyright infringement, but not to the infringement itself. If you want to violate the GPL so you can have ZFS in your linux and then distribute it illegally, this is fine by me. Whether you're a DVD peddler on the street or Microsoft or a small business pirating Office, I object to that.

    --
    93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
  113. Re:not sureprised by lordtoran · · Score: 4, Insightful

    You make it sound like the evilness (read: utter lack of ethics) were a funny meme, not a plain, cold fact.

    --
    Want to hear the voice of GOD? cat /boot/vmlinuz > /dev/dsp
  114. Re:not sureprised by lordtoran · · Score: 1

    The difference is that they didn't license the GPL'd code.

    --
    Want to hear the voice of GOD? cat /boot/vmlinuz > /dev/dsp
  115. Re:not sureprised by Anonymous Coward · · Score: 0

    Because the moral position of the "Slashdot Masses" tends to be the belief that information should be freely shared. The GPL uses copyright as a legal trick to enforce sharing, so violation of that is seen as bad. The big recording and movie companies use copyright to prevent sharing, and so violation of it is seen as morally justifiable.

    You're getting hung up on copyright - the moral position is based on the idea of sharing and is not hypocritical at all when seen in that light. If you are using your copyright to prevent sharing, it is perfectly morally justifiable to violate it. If you are using it to promote or enforce sharing, violation is morally bad.

  116. Re:not sureprised by Anonymous Coward · · Score: 0

    The same way you can enslave a person who is Free.

  117. Re:not sureprised by bheekling · · Score: 1

    Replying to negate bad modding.

    --
    "..."
  118. Re:not sureprised by ClosedSource · · Score: 1

    "Yep - it's not like they have never done anything like that before (Stacker)."

    That was about violating patents, not copying code.

  119. Evidence by VGPowerlord · · Score: 1

    If you really wanted to see if the code was the same without having the original source code, wouldn't the smart thing be to use the same decompiler on the compiled versions of both?

    Otherwise, you're comparing apples to applesauce... they may both be forms of spple, but they don't look the same.

    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  120. Re:not sureprised by ClosedSource · · Score: 1

    "But IBM *did* actually reform."

    Really, how so?

  121. Re:not sureprised by ClosedSource · · Score: 1

    "By whom?"

    Anyone who didn't buy an IBM brand PC would be a candidate.

  122. Re:not sureprised by Anonymous Coward · · Score: 0

    The issue changes completely when copyright infringement is done for commercial uses. Then you're getting money for work someone else did; *directly* depriving them of it.

  123. Re:not sureprised by ClosedSource · · Score: 2, Funny

    "They did it -- without IBM parts!"

    Yes, because we know that all of IBM's computers before the PC were made up exclusively of IBM parts. You should have seen their steel foundry in those days - impressive!

  124. Re:not sureprised by ClosedSource · · Score: 1

    IBM was a lot more street-savvy as well. MS thought they didn't need to contribute money to politicians, IBM new better.

    Now MS learned their lesson from the antitrust case - you must pay the protection money if you want the government off your back.

  125. Re:not sureprised by ClosedSource · · Score: 1

    IF MS (or some company like them) never existed chances are we'd be paying $5000 for our 286 machines exclusively sold by IBM. Or perhaps we'd paying $10000 for the newest mac model.

  126. You are displaying irrational MS hating behaviors. by falconwolf · · Score: 2, Insightful

    You're calling me an idiot and I'm the one displaying irrational hating behaviors?

    Calling names is irrational.

    Falcon

  127. Re:not sureprised by JStegmaier · · Score: 1

    Or is it that non-commercial violations of copyrights aren't that upsetting, but commercial violations are?

    I don't remember a great many people rushing to the defense of the guy trying to sell Beatle's music by violating copyrights, even though he was going against a big label.

  128. Re:not sureprised by ClosedSource · · Score: 1

    So you're saying that MS is forcing the code to do what MS wants rather than what it wants to do?

    You see how ridiculous this anthropomorphism of code sounds?

  129. Re:not sureprised by ClosedSource · · Score: 1

    So basically you're not principle-based, but you know what you like.

  130. I'm sure obi-wan would agree by ClosedSource · · Score: 1

    It's not hypocritical "from a certain point of view".

  131. Re:not sureprised by ClosedSource · · Score: 1

    You enjoy that freedom as well.

  132. Re:not sureprised by WED+Fan · · Score: 1

    Just wondering. Hence, the question. Are you feeling guilty? Did you steal code from work? You seem to have taken the question a little personal.

    --
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
  133. Re:not sureprised by WED+Fan · · Score: 1

    So because an employer says you can't, you think it doesn't happen? What if I applied that to the other side of the argument? Because GPL says Microsoft can't leverage the code they way they are suspected of doing, it didn't happen?

    --
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
  134. Re:not sureprised by ozmanjusri · · Score: 1
    Anyone who didn't buy an IBM brand PC would be a candidate.

    And all of those with a clue realised Compaq was the company that turned IBM PCs into commodity computers.

    --
    "I've got more toys than Teruhisa Kitahara."
  135. Re:not sureprised by ClosedSource · · Score: 1

    No doubt they used Compaq-DOS.

  136. Re:not sureprised by WED+Fan · · Score: 1

    A lot of people take home office supplies because they think the company should be thanking them.

    --
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
  137. Re:not sureprised by X3J11 · · Score: 2, Insightful

    That's crap. You do too take something away - you take away the renumeration you should have paid.

    That's crap. Not giving something is not the same as taking something away.

    And "renumeration" is not a word.

  138. Re:not sureprised by ozmanjusri · · Score: 1
    So basically you're not principle-based, but you know what you like.

    Freedom is the principle.

    --
    "I've got more toys than Teruhisa Kitahara."
  139. Re:not sureprised by ozmanjusri · · Score: 1
    If they try to force me onto Notes, I'm quitting.

    Clever people.

    Sounds like a win/win...

    --
    "I've got more toys than Teruhisa Kitahara."
  140. Re:not sureprised by ClosedSource · · Score: 1

    I think the best you can say is that the GPL is the principle. The GPL uses a too narrow definition of freedom to have it be its principle.

  141. Re:not sureprised by PJ1216 · · Score: 1

    I believe he may have been implying that the exact opposite could easily be true. Someone working at a company (for simplicity's sake, lets say Microsoft) and leaves. They then do some GPL contributions using code they wrote for their past employer. I'm not saying this is exactly the case, but it easily could be. TFA leaves a large amount of reasonable doubt in defense of Microsoft. He'll require a lot more to prove it. I believe in this country, you're innocent til proven guilty. You'll need a lot more than circumstantial evidence here.

  142. Re:not sureprised by Anonymous Coward · · Score: 0

    I disagree that different laws mean the underlying crimes are different.

    Drunk driving was reckless driving before we started passing laws that specifically outlawed drunk driving.

    Texting and driving was reckless driving before we started passing laws... get the point? Something can already be illegal and the politicians just have to write some stupid new law that makes them look tough on something that's already illegal.

    That said, I do agree that infringing copyright != depriving of property.

  143. Re:not sureprised by toadlife · · Score: 1

    ...copyright infringement isn't stealing something physical as in all your cases.

    The parent mentioned stocks, which are not something physical. They represent ownership in corporations which only exist because of our laws and are worth a market determined amount of money which is also a symbolic object created by our laws. Copyright is just another "thing" that would not exists if not for our laws.

    --
    I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
  144. Re:not sureprised by ozmanjusri · · Score: 1
    The GPL uses a too narrow definition of freedom to have it be its principle.

    When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.

    To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others.

    --
    "I've got more toys than Teruhisa Kitahara."
  145. Apples and Oranges by westlake · · Score: 1

    And you know *why* that is? Because *IT'S NOT THE SAME*

    Copyright infringement was being denounced as piracy while the Black Flag still flew over the Caribbean.

    The NET act [No Electronic Theft] - passed and signed into law in 1997-98 - is a contemporary example of why the geek cannot hope to win this war on words.

    In the American federal system ordinary criminal jurisdiction is state and local.

    You'd have to dig quite deep into the federal criminal code to find any mention of theft at all.

    If it comforts the geek that he hasn't been charged with theft -
    conviction on the felony charge still reduces his horizons to a 6x8 cinder block cell and a bunk mate named Big Mike.

  146. Re:not sureprised by ozmanjusri · · Score: 2, Insightful
    No doubt they used Compaq-DOS.

    No, there was a cheap and nasty OS based on a hacked version of CP/M that came with the original IBM PCs.

    When the PC and PC clone market took off, the company making it went along for the ride. They got lucky.

    --
    "I've got more toys than Teruhisa Kitahara."
  147. Linux is not reform by saleenS281 · · Score: 1

    You think IBM touting Linux on some of their servers is reform? I see you've never dealt with their storage, mainframe, or global services business units.

    1. Re:Linux is not reform by HiThere · · Score: 1

      I am, and always have been, a programmer and end user. I don't pay as much attention to their business-to-business interactions. Still, from what I have heard, they act ethically. Not benevolently, but ethically. This means that they don't attempt to trick people into agreements that they don't understand, that they attempt to offer fair value for cost, etc.

      If this isn't true, then I would like to see documented cases.

      I could not make the same statements about MS and keep a straight face. And there was a time when I couldn't say the same about IBM.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:Linux is not reform by saleenS281 · · Score: 1

      Ahh, yes, documented cases. That's an easy scapegoat for an IBM sales guy. Of course nobody is going to provide "documented cases" of something like them being fleeced on a bill of sale. How about you provide copies of PO's without redaction here to slashdot as "proof of ethical activity"? What? You can't find anyone to volunteer for that either?

    3. Re:Linux is not reform by HiThere · · Score: 1

      There are lots of kinds of "documentation". One kind is reports from many different people. This is what I would be expecting. Not anything that would count as convincing proof, but something that I could count as "better than third-had gossip".

      Among the people I've known, IBM recently is considered an ethical company. At one time it wasn't. MS is not considered an ethical company. Were I doing business with IBM, I would not expect the company (as opposed to an indivicual saleman) to intentionally mislead me. With MS I would.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    4. Re:Linux is not reform by saleenS281 · · Score: 1

      I realize this is slashdot, and maybe your'e just fishing for mod points, but that's about the worst attempt at a troll I've ever seen. I've had nothing but issues with IBM, from global services, to their storage, to their server lines when it comes to "honesty". It's pretty obvious you're an "end user", and haven't ever had to directly deal with them at all. Please just stop.

      As for MS being bad. In what DIRECT dealings have you had with MS that they were "unethical"? In what DIRECT dealings with IBM have you had that they were "ethical"? Telling me you FEEL like one is more ethical than the other without ANY experience is about as useful as me telling you I FEEL like winter is a better time of year than summer.

      For IBM I can start with fleecing customers on selling storage without the appropriate licenses attached, so at install time the customer found out they needed to purchase another $200,000 in licenses on their "$100,000" storage system.

      MS on the other hand has been very direct and up front about what licenses are required for the functionality requested. I have found their upselling to be a bit annoying, but that's to be expected with any sales organization.

    5. Re:Linux is not reform by HiThere · · Score: 1

      I have, actually, done business with IBM directly twice. Neither, I'll admit, was for any large figure of money. Once I bought a laptop and once I bought a program. With the program I was quite dissatisfied, but it wasn't offered as anything more than a subset compiler, so I didn't feel cheated, merely disappointed. With the laptop...well, it DID come with Linux installed, but the modem was a WinModem and didn't work. This was typical for the year. (It may *still* be typical, but people don't use modems much anymore...they use ethernet connections or wireless.) Again I didn't feel cheated.

      With MS I have avoided dealing with them directly. Those I've known who have are quite unhappy with them. This includes the IP department that I worked in before retiring.

      So. You've reported a much more extensive contact with IBM than I have to experience, and I'm not denying that you had the experiences that you claim, but *I* don't know the validity, so I need to weigh them lighltly, and combine them with lots of other independent reports before I decide to accept them.

      As for MS being direct about it licensing requirements... that claim reduces your credibility considerably. I suspect that you've never read the EULA and that you don't know what your licensing requirements actually are. Are you certain you've kept track of all of the "proof of purchase" seals, together with the individual tracking numbers so that you can link the particular license against the particular CD? Most places I'm aware of that attempt to follow those requirements find them not only quite burdensome, but also contradictory. (I'm not sure that it's actually required that the individual proof-of-purchase seal be linked to the particular CD, but we couldn't determine for certain that it wasn't.) I've been quite glad to not be involved in that, and after watching the efforts I became firmly resolved (independent of the EULA) to have nothing to do with MS software. And the EULA would have been enough by itself. (It's changes in the EULA that have caused me to stop recommending Apple equipment to novices.)

      I am willing to accept that you have had bad experiences with IBM, but calling me a troll for doubting it is not only a cheap shot, it also means that I consider your entire reportage less trustworthy.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    6. Re:Linux is not reform by saleenS281 · · Score: 1

      Your response about MS licensing makes me wonder if you've ever even had a job in the real world. CD's and "proof of purchase"?

      It's called volume licensing and software assurance. I don't know of a SINGLE company of ANY size (I'm talking over 50 employees), that buys media outright... I'm glad you find my reporting "untrustworthy" when you don't seem to have any experience with either company.

  148. isnt windows free by Anonymous Coward · · Score: 0

    i mean like 500 different listing exists for windows on the pirates bay.......

  149. Re:not sureprised by ClosedSource · · Score: 1

    Given that they were able to do so solely because of their negotiation with IBM, I'd say they made their own luck.

    In any case, a PC-DOS-compatible OS was just as important to the clone business as the BIOS, probably more since the OS would evolve a lot faster than the BIOS.

  150. Re:not sureprised by ClosedSource · · Score: 1

    Yes, as your copy/paste illustrates the GPL has a narrow definition of freedom.

  151. Re:not sureprised by Simon+Brooke · · Score: 3, Insightful

    "But IBM *did* actually reform."

    Really, how so?

    IBM really were a malign force in this industry when they were dominant, using grossly unethical tactics against competitors and stifling innovation to an extraordinary extent. Between 1960 and 1980 IBM were the evil empire - probably worse than Microsoft have ever been. These days, ethically, IBM seems to be an 'average company'. It does some good stuff, it acts on the whole as a good citizen, it contributes to standards processes and mostly abides by the standards that are agreed. Of course, this may simply be because it no longer has the power to bully and intimidate like it once did - but this is nevertheless a huge change.

    However, 'better' does not necessarily mean 'good', particularly if you start from where IBM started from.

    And being 'not quite as bad as IBM at it's worst' doesn't make Microsoft good, either - they have always, from the very beginning, been an exceptionally unethical company.

    --
    I'm old enough to remember when discussions on Slashdot were well informed.
  152. Re:not sureprised by Burpmaster · · Score: 3, Insightful

    Saved your life!

    See, I was going to kill you but I didn't, so I saved your life.

  153. Re:not sureprised by VolciMaster · · Score: 1

    Yes, after reading the original letter I have one: how does that letter prove that Microsoft is evil? The only thing Gates is saying is that he and his company has invested around $40000 in building and supporting the software, and the return was so small, it was just enough to break even. The pay, he states, was $2 an hour. If you don't mind working for $2 an hour, that's ok of course, but most people probably wouldn't go to the university to learn computer science if their pay was less than that of a mcdonalds employee.

    And what *was* minimum wage in 1980? Looks like about $3 (http://oregonstate.edu/instruct/anth484/minwage.html). But how many startups are running on effectively 0 cash during their initial phases?

  154. Re:not sureprised by Abreu · · Score: 1

    Sorry if I sounded harsh, but your comment sounded a bit like those unprovable claims that Linux was "infringing on SCOs copyrights"

    And as you know, you don't need to provide proof for those allegations, you just need to state them in order for them to become FUD ...oh, and for the record, I don't code for a living, and my only contributions to FOSS consist of the occasional bug report, so no guilty feelings here....

    --
    No sig for the moment.
  155. Re:not sureprised by Anonymous Coward · · Score: 0

    Wow, you have a real problem with parsing sentences.

  156. Re:not sureprised by Anonymous Coward · · Score: 0

    Because it is our code!

  157. Re:not sureprised by Anonymous Coward · · Score: 0

    Because you see the masses as one, rather than the shifting clusters of opinion groups they are.

  158. Re:not sureprised by ozmanjusri · · Score: 1
    In any case, a PC-DOS-compatible OS was just as important to the clone business as the BIOS,

    No, it was the HARDWARE that mattered. ALL of the suppliers for IBM PCs benefited from the open architecture and off-the-shelf components. Intel has arguably received as much as Microsoft from the "IBM Compatible" business.

    At the time, DOS wasn't much more than a bootloader.

    For performance reasons, many popular software applications for the IBM-PC bypassed MS-DOS and even the computer's ROM BIOS, and directly wrote to memory and peripherals. For example, a program might directly update the video refresh memory, instead of using MS-DOS calls and device drivers to alter the appearance of the screen. Many such important software packages, (such as the spreadsheet program Lotus 1-2-3, and Microsoft's own Microsoft Flight Simulator 1.0) and especially games, that directly accessed the IBM-PC's hardware, bypassing the BIOS, did not work on computers that were even trivially different from the IBM-PC. So the systems that were not 100% IBM-PC compatible also quickly became just as obsolete as the other completely incompatible systems.

    --
    "I've got more toys than Teruhisa Kitahara."
  159. Wait, what? by TiggertheMad · · Score: 2, Insightful

    Microsoft is evil. Always has been. Always will be.

    the Corporation of Microsoft behaves in an aberrant, selfish fashion. If there is GPL code that is being misused, it is not because "Microsoft is Evil', but more likely because they hired a contractor who lifted some open source code and though it would not get noticed. MS may be sociopathic and short sighted, but they are not going to as a official policy do something like this.

    I have said it before here, Microsoft does some really stupid shit. Don't just assume that everything that looks bad is their fault though. That is just being lazy.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
  160. Re:not sureprised by Anonymous Coward · · Score: 0

    Why is it that the only copyright violations that upset the /. masses are those involving code under the GPL?

    Result of copyright enforcement abuse: Less stuff in the public domain.

    Result of proper GPL usage: More software available for public use.

  161. Re:not sureprised by ozmanjusri · · Score: 2, Insightful
    All companies try to beat out the competition.

    No, some companies try to make good products.

    --
    "I've got more toys than Teruhisa Kitahara."
  162. Re:not sureprised by ozmanjusri · · Score: 1
    why the hell does office integrate far better together with their server tech than any open source package?

    Proprietary format/protocol lockin.

    --
    "I've got more toys than Teruhisa Kitahara."
  163. LICENSED UNDER PCL by Anonymous Coward · · Score: 0

    I hereby copyright this article and all comments under the -99999 PCL (pedantic comments license) all comments and or random crazy speculation is property (c) Anonymous Coward 2009 (c)

  164. gross or net by Anonymous Coward · · Score: 0

    investors

  165. Too simple to claim it's code that was copied. by insomniac8400 · · Score: 1

    Find something complex. This is just too simple to claim copying. Sadly the OP has lost all credibility by making the claim.

  166. Re:not sureprised by ignavus · · Score: 1

    Why is it that the only copyright violations that upset the /. masses are those involving code under the GPL?

    You don't kill Bambi .. but it OK to kill other animals. It's all about cuteness. Linux is cute. Windows is ugly.

    Besides, if the GPL stuff is free, then you really are a mongrel if you abuse it. They were really nice to you and you kicked them in the teeth. Bad you!

    But the proprietary folk are waging war against us users - it's producer versus consumer in a no-holds-barred contest of wills and greed. And all's fair when you are fighting a greedy corporate monster - it is just self-defence. They will shaft you too when they get an opportunity.

    See Windows is founded on greed, so it begets greed in the user - equal opposite forces. But the GPL is founded on giving and freedom, and it rightly expects the same back.

    --
    I am anarch of all I survey.
  167. Re:not sureprised by ozmanjusri · · Score: 1

    No, it doesn't.

    --
    "I've got more toys than Teruhisa Kitahara."
  168. Re:not sureprised by VON-MAN · · Score: 1

    "Are you feeling guilty? Did you steal code from work? You seem to have taken the question a little personal." What a lame and trollish attempt at an attack. So, still the question is: "Your point is? Do you have an accusation to make?"

    Keep your own sig in mind...

  169. Re:not sureprised by beelsebob · · Score: 1

    No, some companies try to make good products.
    Which is one of the best ways of beating out the competition.

  170. I would love this to go to court for discovery. by Lost+Penguin · · Score: 1

    Can you imagine the amount of code theft that will be discovered if this ever gets to court?
    Almost every part of Windows has some amount of stolen code.

    --
    I am the unwilling control for my Origin.
  171. Re:not sureprised by Timex · · Score: 1

    A friend of mine once pointed out to me that the best Microsoft products weren't actually made by them: mice, keyboards, etc. They are all (according to him) all products made by someone else with Microsoft's name on it.

    This was about ten years ago. I doubt that much has changed since then.

    --
    When politicians are involved, everyone loses.
  172. Re:not sureprised by Timex · · Score: 1

    As I recall, IBM sort of invited their own competition by making the schematics for the IBM PC openly available.

    Microsoft never made a computer of their own (that I know of). Their efforts have largely been aimed at software.

    --
    When politicians are involved, everyone loses.
  173. Re:not sureprised by JAlexoi · · Score: 1

    I have the negative experience of using both to this day, and I am still using both at the same time. Both are really crap. Outlook is after on loading time and has good Windows integration. Notes is heavier, but I don't need to switch between 10 different applications, because Notes is THE collaboration application. (I happen to use Notes 8)

  174. Re:not sureprised by Anonymous Coward · · Score: 0

    Don't lie! Based on all your comments in this thread, you weren't "just wondering." You were trolling your opinion that it happens, but don't want to provide any evidence for that assertion.

  175. Did Microsoft borrow by arnoldlawrence · · Score: 1

    This could really spoil the image of Microsoft. http://www.cypress.com/

  176. Re:not sureprised by faffod · · Score: 1

    It's a subtle difference - but a company that wants to beat the competition is one that does not care about the product or the competition. A company that wants to make good products may or may not beat the competition, but if they do it is a side effect of excellence not a driving goal.
    Microsoft internal emails show that they want to "win", and to do so they are willing to break laws. So far they have been shown that the benefits of their behavior (killing off competition, increasing revenue) far outweigh the costs they have to pay (several million to the remains of stacker and DR-DOS as example). In other words, they have found a "best way of beating out the competition" from their perspective only.

  177. Re:not sureprised by faffod · · Score: 1

    Excluding the XBox, Microsoft did try to define a reference hardware platform in the '80s. The MSX http://en.wikipedia.org/wiki/MSX was built by several Japanese and European companies.

  178. Re:not sureprised by faffod · · Score: 1

    How can you steal something that's free?

    If I am giving away free cookies, one per person. They are free cookies, yet if someone walks up and say "hmm, these are free, so I'm not stealing if I take them all" they have stolen. And there is measurable loss
    - everyone else who would have received a cookie, didn't.
    - I will have to spend time explaining to everyone who expected a cookie why they won't get one.
    I realize that this doesn't line up with the example of MS using GPL code, their taking hasn't reduced the available amount of GPL code. However, they are taking something (albeit free) and using it in a way that the owner did not approve of. Just because the owner didn't see monitory value in their property, does not mean that it had none. In the case of GPL code, the owners see value in making the source code available to all. And Microsoft is denying them that value.
    And yes, I realize many will not understand, try substituting "car" for "cookie" in the above analogy.

  179. Re:not sureprised by gnud · · Score: 1

    I'm guessing because of the double-speak and hipocrisy.

    I mean, if I pirate windows, I'm a terrorist. If MSFT pirates random GPL software, they should not get off easy. And they even make money off of it!

  180. Re:not sureprised by faffod · · Score: 1

    If copyright infringement *WAS* the same as theft, we wouldn't need a special law dealing with it - it could be covered by theft laws. The fact that it isn't should tell you something.

    No it does not tell me something. Laws sometimes are added to clarify existing laws. For example, we had laws stating that using a lethal weapon to kill someone is illegal. Those laws have specific punishments, as opposed to the punishment for accidentally killing some. Yet, we now have laws that specify that killing someone with a car can be considered to be use of a lethal weapon (still have to show intent, just like with a gun). Adding the laws stating that using a car to kill someone is the same as using a lethal weapon doesn't mean that a car is different from a gun when used for the deliberate intent of killing someone. It means that someone used a car to deliberately kill someone and then had a lawyer try to weasel out of the stricter punishment. In other words, the law was passed to clarify that though some might wish to be able to use a car to dispose of their nagging wife, they can't say "it's a car not a gun".
    likewise, the laws passed to clarify that copyright infringement is equivalent to theft comes from the fact that someone probably tired to rationalize their actions as not theft.

  181. Re:not sureprised by 1s44c · · Score: 1

    IF MS (or some company like them) never existed chances are we'd be paying $5000 for our 286 machines exclusively sold by IBM. Or perhaps we'd paying $10000 for the newest mac model.

    Or perhaps we would be paying about what we are paying now for something secure and reliable and about as fast.

    All Microsoft did was make people believe that crashes and insecurity are normal and that computers can't really be trusted.

  182. Re:not sureprised by ClosedSource · · Score: 1

    MS's major contribution was to facilitate the making of PC clones which lead to lower prices and improved performance.

    The commodity nature of PC's was a necessary requirement for the creation and success of Linux.

  183. Re:not sureprised by ClosedSource · · Score: 1

    Look we obviously disagree but you didn't really think that quoting dogma that everybody is familiar with was going to change anyone's mind did you?

  184. Re:not sureprised by ClosedSource · · Score: 1

    I don't know what their motivation was for puplishing the schematics, but if their intent was to encourage clones they would have released all the IP required in the public domain.

  185. Re:not sureprised by ClosedSource · · Score: 1

    Yes, many early programs bypassed both DOS and the BIOS as well. However, many more did not and if you made a clone that couldn't handle DOS it would have crashed and burned very quickly.

  186. Re:not sureprised by man_of_mr_e · · Score: 1

    Actually, You need to come to terms with the fact that copyright infringement is not theft. The supreme court has ruled that it is not theft.

    in Dowling v United States, the supreme court made this ruling:

    interference with copyright does not easily equate with theft, conversion, or fraud. The Copyright Act even employs a separate term of art to define one who misappropriates a copyright: ... 'an infringer of the copyright.' ...
    The infringer invades a statutorily defined province guaranteed to the copyright holder alone. But he does not assume physical control over the copyright; nor does he wholly deprive its owner of its use. While one may colloquially link infringement with some general notion of wrongful appropriation, infringement plainly implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud.

    —Dowling v. United States, 473 U.S. 207, pp. 217–218

  187. Re:not sureprised by man_of_mr_e · · Score: 1

    Most people, other than those that simply refuse to, acknowledge that if something *can* happen, it probably will. Yes, proving it is another issue, but we all know bittoreent *can* be used to commit copyright infringement, but only a fool would argue that it never happens because it's not proven that it does.

    I am aware of at least 20 different incidents were GPL code was used and passed off by a programmer as his own work. This was mostly code written for internal purposes, so it doesn't matter from a GPL enforcement perspective, but it does happen.

  188. Re:not sureprised by DAldredge · · Score: 1

    I am waging war by selling a product to someone who wants it?

  189. Re:ForeDecker, step inside please... thanks! apk by Anonymous Coward · · Score: 0

    You're accusations are ridiculous. No wonder you never get a reply.

  190. Re:not sureprised by Anonymous Coward · · Score: 0

    Who would he be making the accusations against?

  191. Re:I have a boner by Anonymous Coward · · Score: 0

    What of it?

  192. Re:Let's see... by DaVince21 · · Score: 1

    People who don't like seeing their open code used in a closed environment, relicensed to be unusable by others.

    --
    I am not devoid of humor.
  193. Re:not sureprised by Anonymous Coward · · Score: 0

    Innovating after someone innovates first is called copying, mimicing or depending on situation plagiarism.

    Japanese are well known for copying and then improving the said consept and optimising it

    MS is know for taking other peoples ideas (apple for ex.) and making the end result worse.

    What microsoft did better was marketing.

  194. Re:not sureprised by ozmanjusri · · Score: 1
    I'm not posting this for you.

    Your mind is, as you say, closed. Anyone who can make themselves believe that a very practical response to a very real problem is "dogma", is beyond help.

    I posted the quote from the GPL to remind everybody just how important it has been, not just in creating free software, but also in preserving it.

    --
    "I've got more toys than Teruhisa Kitahara."
  195. Re:not sureprised by Anonymous Coward · · Score: 0

    Unlike the provable claims that you are a freeloading spic that needs to drown in the Gulf. I think I speak for all of Slashdot when I say that we are all sick of your wetback comments. If you're not going to get out of this country, at least get out of Slashdot. Not one needs your beaner shit. BTW 8 niggers fucked your daughter in the ass at the same time.

  196. Re:not sureprised by beelsebob · · Score: 1

    A company that wants to make good products may or may not beat the competition, but if they do it is a side effect of excellence not a driving goal.
    If you think there's any public limited company anywhere that is like that you're very naïve. It's a company's legal responsibility to try increase profits, doing so means beating the competition. Simple as that.

    Also, to suggest that Microsoft does not make good products is massively naïve. Office is not the number one out there because it sucks. Windows is not the number one because it crashes all the time. Exchange is not massively popular because it has no useful features at all. Just like all other companies, MS produces products that they think are competitive, and they try to beat the competition.

    I don't particularly like MS personally, I prefer Apple products, but both companies do nothing but produce products that can compete, and try to beat each other out.

  197. Re:not sureprised by Anonymous Coward · · Score: 0

    So, you're saying that installing Microsoft Office, TPB edition is stealing because it has the exact same effect on Microsofts income as installing Open Office?

    If someone steals a Ford, it's not stealing because Ford didn't get paid, just as it's not stealing from Ford to buy a Dodge. Stealing a Ford is stealing because someone don't have that Ford any more.

  198. So I guess windows 7 was his idea by malloci · · Score: 1

    I didn't think they actually meant that they were _taking_ ideas from folks...well I guess there's the truth in marketing.

  199. Re:ForeDecker, step inside please... thanks! apk by Anonymous Coward · · Score: 0

    His points about rootkit.com putting out code they said can unhook the windows firewall is not ridiculous. It is actually good he pointed that out to Microsoft people in Foredecker I would think at least. The ac apk makes a point that is also difficult to deny in hosts files being larger now that 0 is not allowed as a blocking address in a host file, because the files that now use 0.0.0.0 or 127.0.0.1 only in Vista since 12-09-08 and in Windows Server 2008 and Windows 7 will be larger line by line and produce a larger file. Larger files load slower than smaller ones do so he does have a logical point considering files are read as the ac apk noted, which is mostly in a while loop, character per chracter and line by line until a enter keypress is found, then lastly stopping at the end of file record. You are out of line stating what you had to the ac apk.

  200. Reflector shows compiler optimized code by Anonymous Coward · · Score: 0

    Reflector shows what the code output by the compiler looks like. It does not show what the code looks like in source control or before compiling. It is possible to write a section of code in numerous ways, yet still get the same compiler optimized code.

    Then there is the simple fact that for basic methods, there is a high likely hood that a similar method has been written at some point. There are only so many ways to write a buffer read operation for example.

  201. Re:not sureprised by sgt_doom · · Score: 1

    Good point!

  202. Re:not sureprised by GooberToo · · Score: 1

    It isn't like you denied the copyright holder any of their possessions

    You denied them their money; which absolutely is something of value. Furthermore, you devalued the work as a whole. See stock market for a better lesson in reality.

    Simple fact is, piracy is a form of stealing. Pirates are thieves. They harm large and small businesses which trickles down to everyone. In turn, just like all theft, others are left to pay higher prices to cover the losses incurred by scumbag thieves. That's the facts. That's reality.

    If you need to lie to yourself to make yourself feel better, so you can continue to rationalize theft, then do so, but stop lying to everyone else. It just makes you look like an idiot.

  203. Re:not sureprised by GooberToo · · Score: 1

    Pretty clearly you need to learn to read. It absolutely is theft. Now take that comment, learn to read, and re-read my original post. You'll quickly find you look like a complete douche bag given the context of your reply. If it still doesn't click after that, you're dumber than a bag of hammers. Seriously.

  204. Re:not sureprised by man_of_mr_e · · Score: 1

    No. The supreme court is very clear. Copyright infringement is the "invasion of a statutory defined privince", which makes it closer to trespassing than theft.

    Would you call a trespasser a theif? No, you wouldn't.

  205. Keep it up... by slasher999 · · Score: 1

    Instead of pointing out a potential oversight, MS is accused of "stealing" right out of the gate. Good job folks. Way to encourage vendor participation in your projects. Keep it up and you will ensure OSS remains in the dark corners of IS - appliances, the occasional web server. It will never see critical mass unless people learn to work with vendors whose employees may not be completely familiar with all of the rules yet.

  206. You cant steal code by Anonymous Coward · · Score: 0

    You cannot steal code.

    You can steal the book the code is written in.
    Or the disk the code is on.

    Or you can make a copy of it.
    You can even make a binary conversion of the code (which is a kind of copy).

    But it is not stealing

    It is copying

  207. Re:not sureprised by flabordec · · Score: 0

    You make it sound like the evilness (read: utter lack of ethics) were a funny meme, not a plain, cold fact.

    Because... You know... Microsoft is Evil: Get the facts.

    --
    "I see undead people" Warcraft III - Necromancer
  208. Re:not sureprised by Tubal-Cain · · Score: 1

    Drunk driving was reckless driving before we started passing laws that specifically outlawed drunk driving.

    No, reckless driving is nothing more and nothing less than reckless driving. That law doesn't care what your BAC is, all that matters is that you are still in control of the car.

  209. Your googlefu is not strong, my son. by falconwolf · · Score: 1

    I've said as much myself.

    http://perens.com/SCO/SCOSlideShow.html

    This link does not say SCO showed code from System V they owned in Linux. One peace of code they showed is in the Berkeley Packet Filter which has a BSD license. Other code mentioned was copyrighted by ATT then released by Caldera, what SCO formerly was called, with a BSD license.

    http://www.lemis.com/grog/SCO/code-comparison.html

    So far there's "This point is crucial to the reason that I initially came to the wrong conclusion. As it stands, the code is not System V code. In fact, as we'll see below, it is derived from System V in exactly the way I describe."..."SCO is incorrect in claiming that the code in question has been lifted from System V.4 without changes, but that doesn't change the fact that it obviously comes from System V.4."

    The author, Greg Lehey, goes through SCO's claims and disputes each one. Now that's a short page so Greg Lehey probably didn't cover every SCO claim. So SCO may of disclosed some code, but do they step up to the light of day?

    And that's disregarding the fact that Novell not SCO owns the System V code.

    Falcon

    1. Re:Your googlefu is not strong, my son. by man_of_mr_e · · Score: 1

      i'm not disagreeing about any of that.

      What i'm disagreeing with is your claim that it *ONLY* has to be proven that code in an older product is in a new product, and I'm pointing out that that is simply not enough. You have to prove that the code in the older product was unique.

    2. Re:Your googlefu is not strong, my son. by falconwolf · · Score: 1

      i'm not disagreeing about any of that.

      What i'm disagreeing with is your claim that it *ONLY* has to be proven that code in an older product is in a new product, and I'm pointing out that that is simply not enough. You have to prove that the code in the older product was unique.

      Why then did you bring up SCO? SCO never proved System V code was in Linux.

      Falcon

  210. Your adhominem say nothing tactics are ridiculous by Anonymous Coward · · Score: 0

    Your accusation is ridiculous. You don't offer who/what/when/where/why the ac apk's warnings and proofs from reputable sources and a test that anyone who can code can perform easily enough. His proofs aren't ridiculous as you said they were. If anyone replying here looks ridiculous, it is you.