Slashdot Mirror
MS Wants Laws To Block Products Made By Software Pirates
kaptink writes with this quote from Groklaw:
"Microsoft seems to be trying to get its own personal unfair competition laws passed state by state, so it can sue US companies who get parts from overseas companies who used pirated Microsoft software anywhere in their business. The laws allow Microsoft to block the US company from selling the finished product in the state and compel them to pay damages for what the overseas supplier did. So if a company overseas uses a pirated version of Excel, let's say, keeping track of how many parts it has shipped or whatever, and then sends some parts to General Motors or any large company to incorporate into the finished product, Microsoft can sue not the overseas supplier but General Motors, for unfair competition. So can the state's Attorney General. I kid you not. For piracy that was done by someone else, overseas. The product could be T shirts. It doesn't matter what it is, so long as it's manufactured with contributions from an overseas supplier, like in China, who didn't pay Microsoft for software that it uses somewhere in the business. It's the US company that has to pay damages, not the overseas supplier."
I'm cool with that. Let's add a law that says that if your company steals the source code from a partner's product that as punitive restitution they get a perpetual, non-exclusive right to your entire source control for the product which bundled the stolen goods.
Fair is fair, Microsoft.
If Microsoft China employs engineers who wear pirated Nike t-shirts, can Nike sue Microsoft?
...and it's not as insane as it seems. Regulation is usually to protect the small guy while the big guys have the lawyer power to avoid it. By phrasing regulation in terms on unfair competition laws, you end up with big businesses paying to enforce regulation. Which do you prefer:
(i) One big business forcing another business to abide by some law;
(ii) That same big business also ignoring the law.
Perhaps the underlying law is unjust. But then you tackle the underlying law - you don't tackle some principle which makes it harder to enforce a law. Let us have more rule of law and less rule of men, yes?
...then U.S. companies should also be prohibited from selling goods manufactured or obtained from companies overseas who don't follow all the other U.S. laws, not just copyright laws. This would include all U.S. laws regarding the environment, labor, accounting, etc. Why pick and choose?
What could go wrong?
I'm sure Sound Forge authors are just waiting for this law to pass.
Seeing as under this law they could sue Microsoft for big bucks!
How are they going to prove that the foreign company used Excel instead of Open Office? Or is the idea to force the entire world have to purchase Microsoft licenses just to do business in America?
"On the Internet, nobody can hear you being subtle." -Linus Torvalds
This is a good way for companies with large law departments to cudgel smaller businesses. Just like how the endangered species act is misused sometimes, find some product, no matter how esoteric, that a company used that might be called into question, then threaten to sue that company out of existence unless they take an offer to be bought out.
This would be a field day for law departments. If one thought the patent lawsuits flying back and fourth with the phone company makers is insane, wait until the lawsuits because a bolt made from an offshore company just might be considered being made with a bogus copy of XP Embedded on the CNC mill.
For those not of the bar association, it means higher prices for everything (since companies have to pay bucks to CYA, and create additional internal auditing divisions, or fight these claims.) It also raises the barrier for entry for small businesses.
It will be interesting to see who will end up the lawmakers' master on this one. Companies who don't want the trouble of additional IP regulation, versus the usual people who keep fighting for more Draconian IP laws to protect their tired old stuff. This might get interesting because it may pit well-heeled lobbyists against other lobbyists of companies who just don't want the legal liability if this law passes.
Except, how is a business supposed to know if its suppliers are running pirated software?
This basically says that Microsoft now demands that anybody buying a widget from anywhere in the world effectively enforces a software audit on its suppliers. You know what happens if you tell your supplier they need to open up their stuff to you for scrutiny just in case they're doing something offensive to a 3rd party? They laugh at you, and cancel the deal.
If I'm buying foam packing peanuts from China, do you really think I have the clout to get them to prove to me they haven't pirated Excel? Because, that's what this bill is asking for. This is a stupid law, and one that tries to make enforcement of Microsoft's products the responsibility of people who might not even be in the computer industry.
It's just not practical or feasible.
Lost at C:>. Found at C.
In that case, Microsoft should no longer be able to blame business partners, contractors, customers, or whatever for their own problems, either.
http://www.computerweekly.com/Articles/2011/01/20/244979/Microsoft-blames-third-party-for-excessive-Windows-Phone-7-data.htm
http://theregoesdave.com/2009/10/15/microsoft-goes-schizo-starts-blaming-danger-for-lost-data/
http://www.itnews.com.au/News/70560,microsoft-blames-vista-insecurity-on-third-party-applications.aspx
You can't have it both ways, Microsoft. You want GM liable for software piracy in China, then you should be liable for Windows 7 phone phantom data usage.
"City hall" in German is "Rathaus" Kinda explains a few things......
Also, if you are buying XYZ from China and selling it to MS, do they sue themselves?
This is what these giant corporations want.
Big corporations _LOVE_ regulation, because the costs keep smaller, smarter, more innovative competitors out of the market. Big business and big government are not enemies, they're symbiotic organisms.
there are limits. you have to be selling more than 50 million worth of stuff per year before the law kicks in.
funnily enough it completely exempts software.
If microsoft use pirated software to develop code for windows then they get off completely scot free.
Likewise if they use a pirated copy of photoshop to make their ads for windows then they're also in the clear.
open source violations are also excepted so if a company ignores an open source liscence they and their downstream customers also get off scot free.
isn't that convenient.
Try this hypothetical.
China wants to hamstring a US defense industry supplier like, say Lockheed Martin.
Chinese company A makes software.
Chinese company B is supplier to Lockheed Martin.
Chinese company B uses pirated copy of software from company A.
Chinese company A sues Lockheed Martin in the US.
Or try this: Airbus vs. Boeing.
${foreign car manufacturer} vs. GM or Ford
${foreign airline} vs ${US airline}
I'll see your senator, and I'll raise you two judges.
You really think that copyright law should be on the same level as basic human rights? Human rights should be universal on compassionate grounds. Even animals have compassion to an extent. Copyright law is something we as humans completely made up, and if some country chooses to not see "intellectual property" as US law proclaims it, it should not matter.
which is totally what she said
Democrats and Republicans are both populists.
An anarchist wants government out of everything. A populist wants government to control everything. An actual liberal wants government to control business but not morality. An actual conservative wants the opposite.
I think it's clear that both Democrats and Republicans want business laws that promote their own agenda, and equally, they both want to say what you can or cannot do in your home. Neither party is the party for less government involvement in any aspect of life; they simply both wish to tell you how the government will control you.
Even if you believe in a difference between the parties and don't see it as an elaborate game conceived to convince the masses that there is someone representing your interests, you have to see that both parties want total control over your life.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
If this passes, people relying on proprietary software will get a rude awakening.
If your suppliers are using Windows or Photoshop, how can you verify that they're all using licensed copies? Either you call the BSA in to kick their office's doors down and ransack it on your behalf, which is going to get you some "special" customer service once they find out you did it, or someone else will after you've bought from them in which case you'll be screwed when they get caught.
The only way you'll be safe under this regime is to require everyone in the supply chain uses FOSS.
(Admit: Did not fully RTFA)
TFA and TFS keep focusing it on MS, as if they are the only people who can sue, but from the excerpts quoted, it sounds like any closed software can. Here's the kicker that should have been in the summary:
Exceptions. A person may not sue under this cause of action when:
1. the end product sold or offered for sale in Washington is:
a. a copyrightable work under the United States Copyright Act;
b. merchandise manufactured by or on behalf of a copyright owner and that displays a component or copyrightable element of a copyrighted work;
c. merchandise manufactured by or on behalf of a copyright owner or trademark owner and that displays a component or copyrightable elements relating to a theme park or theme park attraction; or
d. packaging or promotional material for such copyrightable works or merchandise.
2. the allegation that the IT is stolen is based on a claim that the IT infringes on patents or trade secrets;
3. the allegation that the IT is stolen is based on a claim that the use of the IT violates the terms of an open source software license; or
4. the allegation that a person aided, facilitated, or otherwise assisted someone else to acquire or use stolen IT.
So, you can sue someone for infringing upon someone's rights, as long as you aren't violating an FOSS agreement?
There are some odd ideas in there (like the exclusion for theme park operators), but I'm surprised that one flew under the slashdot radar.
Their supplier is competing unfairly with US suppliers, though. I think we already have similar regulations for environmentally damaging suppliers? To my mind this is no different.
Yes. It's similar to safety standards and workers rights. If a clothing manufacturer for example, can outsource production to a country where workers can be denied decent health and safety or normal workers' rights, whilst a company that uses workers in the US does not, then the former company is essentially doing an end-run around the US laws. Now (more thanks to public pressure than anything else), US companies selling products to people in the US, have to be more careful about adhering to standards abroad that are set at home. The principle behind this proposed law isn't unique to this law. It's the same principle that underlies sex tourism, employee health and safety and working hours and various security laws. It's the principle that if you're a US business or citizen, selling to US citizens or business, you can't get away with illegal behaviour by just shifting the illegal part of the process to another country.
Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
Umm, you realize that NAFTA was signed by George Bush 1 month prior to Clinton taking office, right? And that Clinton was just honoring the agreements and treaties already signed, right?
Don't let facts get in the way of your delusions, now.
If only "common" sense was actually that common...
But instead of being poor people working 14 hours in unsafe factories, they could be poor people working 6 hours a day on land they own growing food.
See, I don't want to call you ignorant, because this is pretty typical for someone who grew up in a big city, and never left except for flying to a resort for a vacation. I would suggest that you do some research on the subject of farming, especially as it's generally practiced in low-tech agrarian societies. I can't discuss the subject with someone who honestly believes that farming is a 6-hour-a-day job.
Working in a factory is inherently more work
See above. There's a reason why these factory jobs are sought out by the locals.
so it's up to you to demonstrate factory workers are better off
Sure! It's quite simple: with the exception of forced labor, people generally choose the best work they can find ("best", of course, being a balance between money and effort that's different for each individual). If there are people working at these factories, and they aren't being forced to be there at gunpoint, then it means that the factory jobs are better than whatever other alternatives these people have. QED.
but apparently you cannot read the word 'slavery', and think I'm just making that up.
Oh, I know you're making it up. That's not even worth discussing. It's your other ideas that I'm curious about.
Says the person who snipped every single historic reference I made
Yep - none of your historical references were relevant to the discussion at hand. Moreover they're selective; you overemphasize the dangerous conditions in the factories, while ignoring the fact that the vast majority of the workers were there willingly because their alternatives were worse, and ignoring the fact that one third of deaths during the "industrial revolution" were caused by disease. You have no grasp of what the situation was actually like at the time, because you can't fathom a society where malnutrition and the lack of awareness about basic hygiene are the norm. I mean, sure, maybe you've read about these things, but you clearly don't understand them if you're making these claims. To compare conditions during the industrial revolution to factories in China is so pigheaded that it's truly mind-boggling.