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Pirated Android App Shames Freeloaders

MojoKid writes "A pirated version of an Android app is actually a Trojan that shames someone who installs it by sending an SMS message to all his/her contacts telling them of his/her piracy. The original app is called Walk and Text, and costs $2.10 in the Android Market. The app uses the camera on the back of a smartphone to show a user a visual of his upcoming surroundings, which will supposedly prevent the user from running into the street or across a set of train tracks. The pirated version is available from unofficial Android app markets, and once installed redirects the pirate to the legitimate app in the Android Market, while also sending the SMS message to the phone's entire contact list."

387 of 519 comments (clear)

  1. The joke's on you... by amnesia_tc · · Score: 5, Funny

    ...I don't have any friends! I'm so lonely :(

    1. Re:The joke's on you... by sltd · · Score: 1

      Why do you have a phone, then?

    2. Re:The joke's on you... by Omnifarious · · Score: 1

      That is because you are a faggot.

      Most of them have more friends than you do.

    3. Re:The joke's on you... by Monkey-Man2000 · · Score: 1

      Why do you have a phone, then?

      Not GP, but clearly because of the net pr0n.

      --
      This post was generated by a Cadre of Uber Monkeys for Monkey-Man2000 (603495).
    4. Re:The joke's on you... by Anonymous Coward · · Score: 1

      he's a stick?

    5. Re:The joke's on you... by morari · · Score: 3, Insightful

      I already tell all of my friends I'm a pirate. They know and come to me for software all the time. :P

      --
      "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
    6. Re:The joke's on you... by lennier1 · · Score: 1

      Poor guy. He's so ronery!

    7. Re:The joke's on you... by thatskinnyguy · · Score: 1

      Forever Aphone?

      --
      The game.
    8. Re:The joke's on you... by fuzzyfuzzyfungus · · Score: 3, Interesting

      A wiser man than I remarked "The wonderful thing about smartphones is that you don't have to talk on them."

      As with any quip, it is a bit overbroad. As with any good quip, it still manages to come close to the heart of the matter.

    9. Re:The joke's on you... by rolfwind · · Score: 1

      What about parrots, peg legs, and eye patches? Where can I get those?

    10. Re:The joke's on you... by MobileTatsu-NJG · · Score: 1

      That is because you are a faggot.

      Homosexuality isn't an insult anymore.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    11. Re:The joke's on you... by morari · · Score: 2

      The doctor's office?

      --
      "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
    12. Re:The joke's on you... by baegucb · · Score: 3, Funny

      Parrots are at Booty Bay. I think the eye patch and peg leg are rep rewards.

    13. Re:The joke's on you... by amnesia_tc · · Score: 1

      GP here, I don't actually own a phone.

    14. Re:The joke's on you... by gl4ss · · Score: 1

      :D

      exactly.

      and well the jokes on the apps creator. it's a shit of an app idea, and building traps to it(that actually waste real money) actually makes HIM LIABLE FOR DAMAGES. jokes on him. just because you can dupe someone to run your program somehow doesn't make that sort of thing right, or I'd be doing some nice practical jokes.

      as an app.. well, doh, get the camera input and show the text input for sms on top of that. pretty simple. not worth this complexity.

      --
      world was created 5 seconds before this post as it is.
    15. Re:The joke's on you... by robthebloke · · Score: 1

      pizza.

  2. Don't click link in summary by Anonymous Coward · · Score: 5, Funny

    Don't click the link in the summary - it posts a message to Slashdot telling everyone you tried to read the article :(

    1. Re:Don't click link in summary by ElderKorean · · Score: 2

      Don't click the link in the summary - it posts a message to Slashdot telling everyone you tried to read the article :(

      Are the editors looking for things to do next April Fool's day?

  3. ...hmm interesting... by Anonymous Coward · · Score: 4, Interesting

    Although this is a novel and some what interesting approach to pirates, i think this approach itself depending on the implementation etc.. might effectively count as breaking the law, unless the user who install the pirated software agree to a Terms of Use Agreement that explicitly mentions such actions might be possible or as a consequence if software thinks its pirated.

    1. Re:...hmm interesting... by countertrolling · · Score: 1

      That's pretty cool... Software can 'think' now..

      I think...
      I think I am.
      Therefore I am!
      I think...

      Of course you are, my bright little star...
      I've miles and miles of files
      Pretty files of your forefather's fruit
      And now to suit our great computer
      You're magnetic ink!

      --
      For justice, we must go to Don Corleone
    2. Re:...hmm interesting... by arun84h · · Score: 4, Insightful

      Who is this "they" that you speak of?

      The pirated app appears to be created and released by the same company who makes the legitimate app. Of course, that doesn't necessarily mean it was a good thing to do.

    3. Re:...hmm interesting... by rolfwind · · Score: 2

      Considering that I don't have a text message plan (having to pay a ridiculous $0.05 a message to and fro), I'm pretty sure someone will be in hot shit over this, espcially if the guy has a ton of contacts. I would also be hesitant to put the legitimate app on my phone because of this.

    4. Re:...hmm interesting... by fuzzyfuzzyfungus · · Score: 1

      Honestly, I'd be more concerned about what it says about the difficulties(both any that are specific to android, and any that are more or less architecturally inevitable) of smartphone security models...

      Since this application is designed to send text messages, it is a bit tricky to imagine a good security model that would allow it to send ones you want it to and prevent it from sending ones that you don't; but that doesn't make the fact that potentially hostile code has access to both your contacts and a (not infrequently billed-per-use) telcomm service any more comforting.

    5. Re:...hmm interesting... by realityimpaired · · Score: 1

      $0.05/message is nothing. Most carriers in Canada charge $0.15/message and some charge $0.40.

      I do have a plan, but what concerns me is that there's international numbers in my cell phone. I don't pay for calling them, because I have a good plan with the phone, but I would pay between $0.50 and $2.50 to text them, depending on what country they're in....

      (that said, I wouldn't install an app like that... if I need to send a text, I sit down to type it out, and don't really nneed to worry about walking into traffic... but still....)

    6. Re:...hmm interesting... by fuzzyfuzzyfungus · · Score: 1

      Yeah, that's the tricky bit. There are certainly arguments to be made that the Android security model isn't quite as granular as it might be, and arguments to be made that smartphone applications in general are getting pretty grabby about what permissions they demand in order to work. However, in this case, the privileges required to wreak havoc are pretty nearly identical to those required to do what the app says on the tin. One could always parse out endless compromises with rate-limiting or per-text OS imposed nag boxes; but that is a bit of a quagmire.

      If this were some random game or something, it'd be easy to say "clearly the OS security model is broken and/or the user is paying no attention, see to that."; but that isn't really the case here.

    7. Re:...hmm interesting... by mwvdlee · · Score: 1

      Assuming the pirated version isn't in fact pirated but a version planted by the original author, how is the downloader supposed to know he's downloading the "pirate" version? And if it is some sort of copy protection, what if it accidentally identifies itself as a pirated version?
      I don't expect to wait for long for a defamation lawsuit against the authors of this app.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    8. Re:...hmm interesting... by ScrewMaster · · Score: 5, Insightful

      Who is this "they" that you speak of?

      The pirated app appears to be created and released by the same company who makes the legitimate app. Of course, that doesn't necessarily mean it was a good thing to do.

      Correct. And so far as I'm concerned, they just proved that they are no more deserving of my trust (or my money!) than is the author of any trojan. I understand that they're concerned about copyright infringement, but that doesn't excuse unethical behavior. No more than Sony's CD rootkit was justifiable.

      --
      The higher the technology, the sharper that two-edged sword.
    9. Re:...hmm interesting... by ScrewMaster · · Score: 1

      Uh, this problem (at least something that happens so soon after you try it) wouldn't happen on a moderated market, no reason to be hesitant to put legit apps on - and without apps, why even have a smartphone?

      Because the company that pulled this stunt just demonstrated a significant ethical lapse. That's sufficient reason not to buy anything from them. Find a competitive product and support that vendor instead.

      --
      The higher the technology, the sharper that two-edged sword.
    10. Re:...hmm interesting... by Ihmhi · · Score: 1

      Legally, they'd be liable for SMS fees at the worst I imagine.

      I'm pretty sure in a lot of jurisdictions you can't sue someone for what happened to you when you did something illegal (but I may be wrong). It falls to common sense. If you get shot breaking into someone's home, can you have them arrested for shooting you? Sadly, in more than a few states in the U.S. this can actually happen, as ridiculous as it is. I'd imagine, though, that if you asked anyone if they thought this was right they'd say no.

    11. Re:...hmm interesting... by bertoelcon · · Score: 2

      On the other hand, the company seems to have a good sense of humor. That's a pretty good reason to support them when many others take the serious approach.

      --
      Anything can be found funny, from a certain point of view.
    12. Re:...hmm interesting... by 1u3hr · · Score: 1

      I'm pretty sure in a lot of jurisdictions you can't sue someone for what happened to you when you did something illegal (but I may be wrong).

      Of course you're wrong. You can't set a boobytrap to kill intruders, you can't beat the shit out of burglars if you catch them, etc. That's why you have police and courts.

      if you asked anyone if they thought this was right they'd say no.

      Vendettas and vigilantism is what you are advocating. Try living in a place where you can dispense "justice" like that, such as the Northwest Frontier of Pakistan.

    13. Re:...hmm interesting... by WrongSizeGlass · · Score: 1

      Who is this "they" that you speak of?

      The story I read about this yesterday indicated that another company had modified the code and loaded it into alternate app stores. This story says it was the authors of the software who had posted the altered version that contained the SMS crap.

      If the original authors made their software available for 'free' and then pulled this shit just because people chose a free version over their 'paid' version then they deserve a Cleavland Steamer.

    14. Re:...hmm interesting... by simon0411 · · Score: 1

      I'm guessing this would fall under the "unclean hands" doctrine. Whatever arises from the malicious software is due to the user acting unethically in the first place, i.e. downloading pirated software. Since it's not an official product, the company makes no guarantees about its performance.

      Writing malicious software that the user chooses to install, versus copyright infringement... hmmm, I wonder which offense carries greater penalties in court?

    15. Re:...hmm interesting... by Ihmhi · · Score: 1

      I do not liken shooting, injuring, or - if it cannot be prevented - killing someone who breaks into my home as vigilantism; I consider it the basic principle of self-defense.

    16. Re:...hmm interesting... by Majik+Sheff · · Score: 1, Insightful

      If I catch a burglar in my house, I will shoot to kill. I'd much rather pay a crime scene cleanup crew to get some dirtbag's blood off of my floor than to have him sue me later for only wounding him. Our courts are fscked, and sadly frontier justice seems to be the only justice left most of the time.

      --
      Women are like electronics: you don't know how damaged they are until you try to turn them on.
    17. Re:...hmm interesting... by CubicleView · · Score: 1

      Not really, don't get me wrong, I think a shoot first policy isn't necessarily wrong, but it's not self defense unless you yourself (as opposed to your stuff) are directly threatened.

    18. Re:...hmm interesting... by TrekkieGod · · Score: 1

      If I catch a burglar in my house, I will shoot to kill. I'd much rather pay a crime scene cleanup crew to get some dirtbag's blood off of my floor than to have him sue me later for only wounding him. Our courts are fscked, and sadly frontier justice seems to be the only justice left most of the time.

      Why are you assuming the burglar's family won't sue you?

      --

      Warning: Opinions known to be heavily biased.

    19. Re:...hmm interesting... by RaymondKurzweil · · Score: 1

      Given only the scenarios lethal force vs non lethal force, the former is clearly better. The family may sue in either case, so it is better to not have a living witness. Its a shitty situation to start with.

    20. Re:...hmm interesting... by matazar · · Score: 1

      While initially I thought this was a good idea, there are some serious issues which others have pointed out.
      Also, the summary says you can get the pirated one from an "unofficial Android app markets", which leads me to wonder, are people actually aware that they are pirating the software or would your average user just think that this is a free app?

      (I don't actually know anything about Androids App markets)

    21. Re:...hmm interesting... by Penguinisto · · Score: 2

      Some problems with that line of thought:

      • The Sony rootkit was a violation against legitimate customers. This thing only affects the folks who snitch applications
      • See first point, latter sentence. Kinda hard to feel any sympathy for someone dumb enough to download a pirated app from an iffy source
      • While poisoning the well does tend to cast a bad rep over legit free software, odds are nearly perfect that folks downloading it already know that they're doing something they really shouldn't.
      • Honestly? what these guys did was tame, and kind of funny.

      I was *very* active in the 3D/CG community a few years back, and even today, some of my commercial meshes are still being pirated about the place on occasion, in spite of having (unboned/unmapped) free versions, limited free 'preview' packages, and even a few "open source" packages, where folks could freely modify and redistribute the results. But ripping off the commercial goods? Leaves a bad taste in the mouth. I know of a lot of former colleagues who wanted to positively wreck some computers by dropping poisoned torrents into the pool - and those who wrote executable utilities could do it with perfect ease.

      As you may well know, these guys (in TFA) could have done a whole hell of a lot worse, and left no trace or evidence that it was them. Instead, they did something embarrassing and funny, and made a gentle reminder to all that maybe you should actually buy the paid version instead of ripping it off.

      The logic is simple enough - if enough people get burned, they'll stop ripping off and start buying. If the item has a free timed demo version, or a 'lite' version, then no one has an excuse to simply rip it off.

      As for the morality of it? Meh - it could backfire on them (or maybe not... after all, what are *you* going to do about it? Call the cops? Launch a lawsuit based on the premise that the app you violated copyright on must always be safe? Hire a hitman?) OTOH, They didn't damage anything, and honestly, it got them some PR. If you got bit by it (not you in particular, the generic "you"), then be grateful. After all, the thing didn't immediately broadcast-email every photo on the chip to your entire contact list, brick the phone, or start surfing particularly vicious pop-up happy pr0n sites on your behalf at random times...

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    22. Re:...hmm interesting... by Penguinisto · · Score: 1

      Legally, they'd be liable for SMS fees at the worst I imagine.

      Heh - would that be before or after they counter-sue for copyright infringement, and claim a couple hundred thousands bucks in damages?

      It'd be like someone suing the RIAA for getting infected by a poisoned discography torrent.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    23. Re:...hmm interesting... by Falconhell · · Score: 1

      So what part of the US are you from?

    24. Re:...hmm interesting... by ScrewMaster · · Score: 1

      Honestly? what these guys did was tame, and kind of funny.

      You're certainly entitled to your point of view. Mine, as a developer of some thirty years, is that you don't play games like that. Period.

      As for the morality of it? Meh - it could backfire on them (or maybe not... after all, what are *you* going to do about it?

      Me? I already told you: not give them any of my money. So far as I'm concerned, you either accept some copyright infringement as a cost of doing business ... or find another business. A "gentle reminder" does NOT include accessing private information on a user's cell phone and using it without authorization to broadcast an attempt to embarrass that user. If you're capable of reliably detecting that the product has truly been illegally copied, a "gentle reminder" would be a pop-up notifying the user that the product was not legitimately purchased. Better yet, just don't allow the illegal copy to execute. Cripes. This is not rocket science.

      Good business ethic is what it is. Hell, even Microsoft wouldn't pull something like this: it's childish and stupid, and merely makes your legitimate users distrust you.

      --
      The higher the technology, the sharper that two-edged sword.
    25. Re:...hmm interesting... by gmhowell · · Score: 1

      Try googling 'unclean hands'. This would be a civil matter, not a criminal one. Since there is no physical injury, I'm not sure that laws prohibiting booby traps are relevant. While it isn't an ironclad defense, it can be raised and be successful, particularly if equitable defenses are allowed (rules vary by state.)

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    26. Re:...hmm interesting... by Jaxoreth · · Score: 1

      I'm guessing this would fall under the "unclean hands" doctrine. Whatever arises from the malicious software is due to the user acting unethically in the first place, i.e. downloading pirated software.

      First place? You mean second place -- the developer had to create and upload the trojan before the user could download it. Also, one faux pas is not carte blanche to cause collateral damage (pardon my French).

      Since it's not an official product, the company makes no guarantees about its performance.

      Disclaiming a warrantee of fitness for a particular purpose doesn't entitle you to run up a bill for third-party services or otherwise break the law.

      Writing malicious software that the user chooses to install, versus copyright infringement... hmmm, I wonder which offense carries greater penalties in court?

      Who cares? If you go to jail for maiming an unarmed intruder in your house, does that mean he gets acquitted of burglary? Two unequal wrongs remain two wrongs, not one.

      --
      In general, it is safe and legal to kill your children. -- POSIX Programmer's Guide
    27. Re:...hmm interesting... by im_thatoneguy · · Score: 1

      There is nothing unethical about writing an app designed to send texts to all your friends with embarrassing messages. If you don't want such an app you shouldn't download and run it!

    28. Re:...hmm interesting... by Jaxoreth · · Score: 1

      Legally, they'd be liable for SMS fees at the worst I imagine.

      I'm pretty sure in a lot of jurisdictions you can't sue someone for what happened to you when you did something illegal (but I may be wrong).

      What about the recipients of the SMS messages? They didn't do anything illegal.

      --
      In general, it is safe and legal to kill your children. -- POSIX Programmer's Guide
    29. Re:...hmm interesting... by markass530 · · Score: 1

      you missed the point by far. If you wake up and some guy is unarmed shuffling through your kitchen drawers You can't shoot him in the back (IANAL though). You also can't rig up your house so that if someone tries to break in they are electrocuted to death.

    30. Re:...hmm interesting... by geekoid · · Score: 1

      something that costs the pirate and all his friend money, bangs at the system unnecessary, and so on.

      Morality does not matter whether or not something backfires.

      And since some people are wrapping this code and reselling it, you or I could buy a piece of software fully legal then then all our friends would get the text message.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    31. Re:...hmm interesting... by geekoid · · Score: 1

      or a Rusty Venture!

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    32. Re:...hmm interesting... by geekoid · · Score: 1

      sure, but you shouldn't first just shoot.

      I have shocking news for you: No persons life is worth the cost of a TV. I'm sure you loved ones can pay for the crew while you are in prison.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    33. Re:...hmm interesting... by oliverthered · · Score: 1

      I'm not quite sure what you are saying? ar you saying you broke the speed limit once so I should be allowed to nuke your house or sell you a car without breaks? you obviously like going fast in your car and not using the breaks. That appears to be your terms of use, so I'll just cut your breaks for you... but sending out SMS's may not even be a feature in the original app... so I think nuking your house would be more to the point.

      That was your argument wasn't it... or did I miss something. Sometimes with all the AstroTurfing that goes on the obvious needs to be stated to counter it.

      I also noted the text is basically slander... it's saying that the person stole when in-fact they only breached copyright.. which is totally different, just ask any media corp, they break it all the time.

      --
      thank God the internet isn't a human right.
    34. Re:...hmm interesting... by Requiem18th · · Score: 2

      This isn't really just about ethics. It's about user self determination vs user antagonism.

      Free freedom is essentially a declaration of self determination where will of the code is the will of the user. Proprietary software enables and in fact encourages an antagonistic relation ship with users, where the user is considered the enemy until they have been tracked and authenticated to the developers satisfaction (and whims). Why would anyone pay to get into such situation?

      --
      But... the future refused to change.
    35. Re:...hmm interesting... by geekoid · · Score: 1

      You're not going to get sued for using a stun gin on someone in your home. Or many other non lethal avenues.
      How about warning them so they can leave? no, no, you're right just kill people. That way when some decides to break the law they will start buy killing you in your sleep and then rob you.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    36. Re:...hmm interesting... by PixetaledPikachu · · Score: 1

      No more than Sony's CD rootkit was justifiable.

      Well, sony's CD will still contain rootkit, even when you get it in a legitimate way

    37. Re:...hmm interesting... by X0563511 · · Score: 1

      So, would it have changed if it, say, just sent a notice home that it was pirated? I'm sure a large amount of software does this quietly...

      --
      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...
    38. Re:...hmm interesting... by X0563511 · · Score: 1

      ... then they deserve a Cleavland Steamer.

      You know how people are. That might just be the reason!

      --
      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...
    39. Re:...hmm interesting... by X0563511 · · Score: 1

      Find out if you already live in a state/nation/province/territory that practices Castle Doctrine - and if not, I'd make long term plans to end up living in one.

      --
      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...
    40. Re:...hmm interesting... by X0563511 · · Score: 1

      Interesting. Apparently your (or I?) are no longer allowed to post HTML anchor links. Sorry, just look it up on Wikipedia.

      --
      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...
    41. Re:...hmm interesting... by meerling · · Score: 1

      (ianal - duh) If they just made a fake version that gave you a "shame on you" message, the worst they could get yelled at for is misrepresentation of product, and that would probably never go to court. However, I'd bet the hijacking of your info and email can get them burned from a legal standpoint.

      It's not cool to pirate software, but to attack users, even pirate users, with malware is worse. (Among other things, there will always be people who get a non-official copy of software when they think they are obtaining the real one through legitimate means for one reason or another.)
      Basically, just because someone spit on your shoes, doesn't make it any more right or legal for you to spray paint their face than in this or any other situation.

    42. Re:...hmm interesting... by Ihmhi · · Score: 1

      Look up the term "Castle Doctrine" sometime. I can indeed shoot someone in the back if they're rifling through my house if I'm in a state that supports such laws. (Sadly, I'm not.)

    43. Re:...hmm interesting... by Ihmhi · · Score: 1

      I live in New Jersey. New Jersey has some of the most overbearing gun laws in the United States and I hate them for it, but unfortunately I don't really have anywhere else to go right now. I'm well aware of Castle Doctrine and I really, really wish we had it here. Gun laws are getting better (thankfully!) and I am very hopeful one day I'll be able to exercise my rights the same way that most of the other states in this country can.

      One of my most defining experiences towards a self-defense mindset was what happened to one of my best friends. He was robbed at gunpoint by four men and then shot just below the knee for kicks. He sat in the street screaming (and, for some reason, laughing) for a good five minutes while he waited for an ambulance to get there. I don't think the perpetrators were ever caught.

      I'm one of those people who's stupid about things like principle. If I were in the same situation and armed, I'd probably rather die taking some of them with me than rely on their goodwill (they're robbing me!) to not harm me. If someone broke into my house and I had access to a gun, I'd probably shoot them in the leg. However, if they were visibly armed with a firearm, I'd keep shooting until they drop. And in my backwards state, I'd probably go to jail for that, and I'd be fine with it. Better to be in jail then dead.

    44. Re:...hmm interesting... by Ihmhi · · Score: 1

      Despite the fact that my comments elsewhere in this thread may seem contrary to this fact, I (mostly) agree with you. I've done various martial arts for ten years; one of the major principles you're taught is that the best fights are the ones you never have.

      On the other hand, there's also the sanctity of your home to worry about.

      I'd definitely prefer to detain someone over shooting them, but if I can clearly see a firearm I'll drop them right then and there. That extra second of warning them to stop could end up having a bullet fly through your house and hit you or someone else. (And to cut off the potential obvious comment, I wouldn't shoot the damn thing if hurting anyone besides my intended target were a possibility.)

    45. Re:...hmm interesting... by wisty · · Score: 1

      How do you know it was them?

      Pirates don't just compete with a single company. They directly compete with one company, and indirectly compete with (and cheapen) the whole market.

      A vigilante developer would benefit, whether or not he targeted his own app, or a competitors.

      Open source also cheapens the industry a bit, but I find open source users a lot more reluctant to use pirate copies. But that's another thread ...

    46. Re:...hmm interesting... by Surt · · Score: 1

      Technically, they didn't torrent the copyrighted program, since that wasn't what they got. They got the intentionally distributed via torrent trojan program.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    47. Re:...hmm interesting... by Ihmhi · · Score: 1

      Hm, good point. The recipients didn't do anything illegal. However, ultimately the only harm to them would be the minor annoyance and the fees from the SMS message.

      That being the case, though, the recipients could end up forming a class action (IANAL), which could turn, say, 1,000 people pirating the program and suing into 10,000 or even 100,000.

    48. Re:...hmm interesting... by Jaxoreth · · Score: 1

      Hm, good point. The recipients didn't do anything illegal. However, ultimately the only harm to them would be the minor annoyance and the fees from the SMS message.

      That being the case, though, the recipients could end up forming a class action (IANAL), which could turn, say, 1,000 people pirating the program and suing into 10,000 or even 100,000.

      Good odds for any Greek!

      --
      In general, it is safe and legal to kill your children. -- POSIX Programmer's Guide
    49. Re:...hmm interesting... by 1u3hr · · Score: 1

      if it cannot be prevented - killing

      THAT is the important distinction. You don't have a licence to kill. If you can't justify lethal force, you are a murderer.

    50. Re:...hmm interesting... by JesseMcDonald · · Score: 1

      Loss of property is a direct harm to the owner of the property. Ergo, defending one's own property is defending oneself, i.e. self-defense.

      That said, the standard for preemptive self-defense is generally taken to be "imminent threat of irreversible harm", meaning that if you can reasonably expect to recover all your losses from the invader after the fact (reversing the harm) you would not be justified in using lethal (or otherwise disproportionate) force to prevent the loss. Of course, "irreversible" can be a flexible term in the face of conditions ranging from "thief is eventually caught, property returned, no real harm done" to "no realistic hope of recovery", plus nuances like "property may eventually be recovered, but is needed now" (consider e.g. theft of vital life-support equipment).

      Personally, while I would encourage restraint where lethal force is concerned, I tend toward the position that anyone who knowingly invades another's property with malicious intent is wholly responsible for any harm which may come to them as a result.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    51. Re:...hmm interesting... by markass530 · · Score: 1

      Yea I did that a while go, I think the person still needed to present a threat, I.E Holding a knife/Gun/baseball bat/Bottle of Whiskey

    52. Re:...hmm interesting... by Ihmhi · · Score: 1

      AWOO!

      AWOO!

      AWOO!

    53. Re:...hmm interesting... by blackest_k · · Score: 1

      I am confused here a developer produces 2 similar apps puts one on google market and the other on other markets.

      App1 works as advertised and costs a couple of bucks
      App2 is a trojan but is free on the third party app sites.

      App2 is pretty much a clone of App1 and made by the same author no less. The end user has not pirated App1
      he/she downloaded App2 which was offered for free.

      Just where does piracy even enter into it? There are lots of apps which are ad supported and free and also a paid for version which is ad free. Why would the end user think that the free version of this particular app isn't legitimate?

      Even directing the user of app2 to app1 isn't that suspicious after all many trial versions will nag you to buy the paid version. Normally on the first time you run the application and still haven't decided if its worth buying yet.

      This authors business model appears to be very little different to the one used by the antivirus 2011 malware vendors who tell you your infected and attempt to get you to purchase a "full" version to make the problem go away.

      Even the name isn't distinctive, its so generic that anyone might use it for a program for texting while walking.

      So really it appears there is only one criminal here and that is the guy/ company that created both of these applications and he/they are liable to be sued in civil court and or prosecuted under computer crime legislation in criminal court.

      In my country the cost of the texts are trivial but the damage to someones character is worth a good few thousand and it is very likely the author would be found guilty. (typically 14,000 compensation ten years ago)

      The computer crime statutes here would also leave the author liable to a large fine or jail time.

      Anyway Incorporate Apps will be added to my do not recommend list.

      https://market.android.com/details?id=com.incorporateapps.walktext&feature=search_result

    54. Re:...hmm interesting... by AmiMoJo · · Score: 1

      What do they expect to get out of it though? Publicity perhaps, maybe a warning to pirates. I seriously doubt it will result in even one extra sale.

      The only policy that has ever worked with piracy is to ignore it. If you fight it you lose.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    55. Re:...hmm interesting... by petman · · Score: 1

      AFAICT, Incorporate Apps is not admitting to writing the rogue app.

    56. Re:...hmm interesting... by master_p · · Score: 1

      but that doesn't excuse unethical behavior.

      What unethical behavior? the software does not do anything else other than exposing the pirate.

      No more than Sony's CD rootkit was justifiable.

      Your comparison is totally wrong. Sony's rootkit was unjustifiable because it was installed when you tried to play a legitimate copy of the songs, whereas in the case we are discussing it is the illegal version of software that gets you what you actually deserve.

    57. Re:...hmm interesting... by juasko · · Score: 1

      Unless they mentioned how the app works in the eula of this fake pirate app, which is made to make pirates think longer than their nose.

      I kinda admired this app, and actually they can do this, just mention the sms "feature" in some long text that nobody reads. And your perfectly legal.

      More of this pls.

    58. Re:...hmm interesting... by juasko · · Score: 1

      If they came to steal your stuff, it's not self defense to kill them. If they tried to kill you, but failed and you happened to kill them while defending yourself from their attacks, that is self defense.

      Defense if always secondary, to defend you need something to defend from. Self defense doesn't include to stop burglars by killing them. The defense action is always a counter reaction.

      So self defense them from taking your stuff includes, these momentums. First make your self known and tell them to get of your property. Second if they refuse and attack you, maybe pulls the gun, then you act like lucky luke, except that your not and kill them in the shot. That would be an act in self defense.

      But the wisest thing to do is to cooperate as long as not you or any family member is threatened by the burglars, maybe even offer them to carry out your TV for them. Then call the cops, making sure you could identify as much as possible of them. Though under threat face away from the ones threatening you, looking into the eye can give a reason for the other to get rid of you, as you are able to identify them.

      For all the material stuff get an insurance and let them have it, any ones life is more important than the other stuff, let the police do their work.

    59. Re:...hmm interesting... by orasio · · Score: 1

      As for the morality of it? Meh - it could backfire on them (or maybe not... after all, what are *you* going to do about it? Call the cops? Launch a lawsuit based on the premise that the app you violated copyright on must always be safe? Hire a hitman?) OTOH, They didn't damage anything, and honestly, it got them some PR. If you got bit by it (not you in particular, the generic "you"), then be grateful. After all, the thing didn't immediately broadcast-email every photo on the chip to your entire contact list, brick the phone, or start surfing particularly vicious pop-up happy pr0n sites on your behalf at random times...

      What they do is unacceptable. They are not trustworthy.
      It's not reasonable to install a software in your phone, giving it access to your personal data and data plan, when you know that its publishers like to spend other peoples money, no matter the purpose.

      It could be argued whether the victims deserve it or not, but the publishers are not to be trusted.

    60. Re:...hmm interesting... by juasko · · Score: 1

      In that, case do some digging, and forget about reporting.

    61. Re:...hmm interesting... by juasko · · Score: 1

      iOS anyone?

      Well it's not bulletproof either, but much more manageable

    62. Re:...hmm interesting... by juasko · · Score: 1

      Yeah, yo put away your car too, because you got a fine for speeding.

    63. Re:...hmm interesting... by juasko · · Score: 1

      well, it may not be pirated really, but if it mentions sms sending in description it's a clone, violating copyrights or not, with added sms features.

      If the message only would have said, "I'm to cheap to buy this app: " &link to application in question.

    64. Re:...hmm interesting... by tophermeyer · · Score: 1

      That really depends on the state. Some states would consider the simple presence of an intruder an imminent threat.

    65. Re:...hmm interesting... by tophermeyer · · Score: 1

      If someone broke into my house and I had access to a gun, I'd probably shoot them in the leg. However, if they were visibly armed with a firearm, I'd keep shooting until they drop. And in my backwards state, I'd probably go to jail for that, and I'd be fine with it. Better to be in jail then dead.

      Most self defense instructors would recommend the exact opposite. If you decide you need to use deadly force (guns are pretty universally considered by the courts as representing deadly force) shooting to maim or disable is more likely to result in you going to jail.

      You should only need to shoot when you need to kill. Shooting to injure looks a lot like excessive force, and at the very least it leaves you with a wounded dirtbag who will probably try to sue you.

    66. Re:...hmm interesting... by tophermeyer · · Score: 1

      If I catch a burglar in my house, I will shoot to kill. I'd much rather pay a crime scene cleanup crew to get some dirtbag's blood off of my floor than to have him sue me later for only wounding him. Our courts are fscked, and sadly frontier justice seems to be the only justice left most of the time.

      Why are you assuming the burglar's family won't sue you?

      They probably would. But (and this sounds harsh) they will have a harder time if the assailant isn't around to provide testimony. If the person survives they will be free to make up any story they like to present themselves in a good light (i.e. was trying to flee when shot).

    67. Re:...hmm interesting... by ultranova · · Score: 1

      A vigilante developer would benefit, whether or not he targeted his own app, or a competitors.

      No, he would only benefit from targeting a competitor's app. See, humans are imperfect, and sometimes make mistakes, such as uploading the wrong (booby-trapped) version to the app store. This, in turn, means I'd have to be a complete idiot to buy anything from this guy.

      By playing these kinds of stupid games the developer is endangering his customers, which factors into the decision to be his customer. Also, once he does confuse the versions, he'll get slapped by a nice slander lawsuit.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    68. Re:...hmm interesting... by ultranova · · Score: 1

      Loss of property is a direct harm to the owner of the property. Ergo, defending one's own property is defending oneself, i.e. self-defense.

      Self-defence isn't an all-or-nothing thing. The maximum justifiable force is proportional to the potential harm; so while it would be okay to shoot someone who's coming at you with a knife, it wouldn't be okay to shoot someone who's running away with your jewelry.

      Personally, while I would encourage restraint where lethal force is concerned, I tend toward the position that anyone who knowingly invades another's property with malicious intent is wholly responsible for any harm which may come to them as a result.

      "As a result", as in "had an unsecured bookshelf fall on you" or "had a psychopathic vigilante shoot you because laws are for lesser people, and besides a pot of flowers is more valuable than your life"? Because these threads tend to go towards the latter.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    69. Re:...hmm interesting... by fuzzyfuzzyfungus · · Score: 1

      How does iOS approach this problem differently?(Honest question, not trolling)

      Their review process and willingness to revoke applications are a bit tougher; but history suggests that they don't tend to detect hidden behaviors all that well(ie. the C64 emulator that had a secret basic interpreter mode hidden behind a couple of keystrokes...) They might drop the banhammer faster; but they wouldn't detect something like this either.

      Do they simply prevent all 3rd party applications from interacting with the text-messaging subsystem? That would solve the problem; but also make the application in question impossible, which doesn't seem like a good solution.

      Do they do rate-limiting?

    70. Re:...hmm interesting... by ultranova · · Score: 1

      If I catch a burglar in my house, I will shoot to kill. I'd much rather pay a crime scene cleanup crew to get some dirtbag's blood off of my floor than to have him sue me later for only wounding him.

      I'm not sure that someone who thinks killing people in order to avoid lawsuits is okay should have access to guns, or any other weapons for that matter.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    71. Re:...hmm interesting... by wolrahnaes · · Score: 1

      I doubt anyone who's interested in an app to help them walk and text at the same time lacks a texting plan.

      --
      I used to get high on life, but I developed a tolerance. Now I need something stronger.
    72. Re:...hmm interesting... by vuffi_raa · · Score: 1

      might effectively count as breaking the law

      that is the the first thing that I thought as well, it could be argued that in title 1 sec 101 subsection 1of the anti-spam bill

      (c), or assist in the origination of such a message through the provision or selection of electronic mail addresses to which the transmission of such message is initiated, if-- (A) the electronic mail address of the recipient was obtained, using an automated means, from an Internet website or proprietary online service operated by another person;

      - and I haven't even skimmed any hacking and/or impersonation laws (as were introduced in california) that they could be breaking

    73. Re:...hmm interesting... by Travelsonic · · Score: 1

      Nevermind the issue that it doesn't TELL you that it does that? derp.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    74. Re:...hmm interesting... by Ihmhi · · Score: 1

      Touche, sir. Something to think about.

    75. Re:...hmm interesting... by im_thatoneguy · · Score: 1

      It doesn't tell you it doesn't do that. It's not their fault you're installing programs of unknown functionality from an unknown source with unknown outcomes.

      If I giant an app called "the big red button" and I push it... god help me what might happen as a consequence.

  4. Inflammatory headline by Chaonici · · Score: 2, Insightful

    Calling pirates "freeloaders" is an unnecessary ad hominem designed to turn everyone else against them without applying critical thought to the issue at hand. It's the same as calling it "theft" or "stealing". The terminology may technically apply, but in the circles in which piracy is usually discussed (such as Slashdot), saying these things quickly makes you look like a troll.

    I'm disappointed in the submitter and the editor for allowing the term "freeloader" in the headline. If you wish to oppose piracy, that's your call, but do it without the use of hyperbole and emotional arguments.

    1. Re:Inflammatory headline by Anonymous Coward · · Score: 2, Interesting

      "Do it with terms that make me look like I'm not sidestepping the payment of someone, while still using the services that they [theoretically] worked hard to provide me."

      "It's no different than eating someone's food and then skipping on the bill, but I really don't want to feel bad about it, so please come up with some term that hides the reality of the situation from me."

    2. Re:Inflammatory headline by NiceGeek · · Score: 5, Informative

      http://mw1.merriam-webster.com/thesaurus/freeloader
      "a person who is supported by or seeks support from another without making an adequate return"
      Please tell me how the use of that term was incorrect.

    3. Re:Inflammatory headline by Chaonici · · Score: 1

      Because eating food and not paying for it is comparable to downloading software and not paying for it. Yeah.

    4. Re:Inflammatory headline by Anonymous Coward · · Score: 1

      Huh? The load a non-free app on their phone, for free! How are they not FREE LOADers???

    5. Re:Inflammatory headline by kikito · · Score: 2

      I think people that download stuff from shady Internet sites and install them on their phones deserve other names. Here's a short list: stupid, ignorant, irresponsible and dumb.

    6. Re:Inflammatory headline by Anonymous Coward · · Score: 1

      see, now you look like a troll. GP was right

    7. Re:Inflammatory headline by mr100percent · · Score: 4, Informative

      You remind me of the client from Clients from Hell:

      [I’m not a designer but the attorney hired by a designer. I’m informing the client over the phone that he’s being sued for not paying the amount specified.]

      Me: “Good afternoon, my name is [xxx], representing [designer] and [company]. We’re calling about payment that has not yet been received for a project which you agreed to pay for.”

      Client: “What?! Who’s suing me?! Who is this?”

      Me: “As I said, my name is [xxx], representing [designer] and [company]. You have X,XXX.XX that was supposed to be paid several months ago, as agreed upon by a contract with my clients.”

      Client: “Are you suing me for a website? You’re not making any damn sense!”

      Me: “You owe someone a fair deal of money and you’ve made it very clear that you have no intention of paying. I have several emails from your email address responding to my clients with messages such as “sayonara, suckers” and I am calling to see if you’d like to pay your fees now, or if we need to bring this into a courtroom, which I’m sure we’re all looking to avoid.”

      Client: “I don’t know who this is or what the hell you want from me but listen up: fooling someone to make you a website isn’t a crime!”

      Me: “You’re actually looking at some large fines and — should this be considered a felony — jail time.”

      Client: “You’re a damn lawyer, you should know websites aren’t real. A website isn’t a thing, you can’t steal it! [designer] can still look at it, it’s still kinda his!”

      [Within three days time, the designer received a check with the amount listed and an additional $20.00 “for your asshole lawyer boyfriend.” The designer had to resist framing the check for the novelty.]

    8. Re:Inflammatory headline by uglyduckling · · Score: 2

      But piracy clearly is "different than eating someone's food and then skipping on the bill". I'm not saying piracy is morally right, but there is a clear difference between taking someone's food (once you've eaten it, they're permanently deprived of it) and taking a digital copy of their software (once you copy it, they have as many copies of their software as they did before your action). Claiming that copying software is the same as stealing food is akin to a Native American belief that being photographed steals part of your soul. We do need a framework for ensuring that people and companies can make and sell software and be able to (within certain limitations) benefit financially from that, but dressing it up as stealing is nonsense.

    9. Re:Inflammatory headline by Chaonici · · Score: 1

      And it doesn't count if he or she is not aware of it. The app is a Trojan.

    10. Re:Inflammatory headline by slimjim8094 · · Score: 2

      Horse shit.

      It's definitely not theft, but piracy is in fact legally prohibited - that is, "against the law" or "illegal". The legal instrument of copyright does in fact exist, and gives the holder the right to charge a price for it - whether the pirates believe it does or not.

      So by not paying the price asked and acquiring it through other means, they are in fact freeloading - if you define freeloading as "getting for free that for which payment is expected"

      So if you want to condone this action, you need to disagree with the premise of copyright (I don't, though it should be much shorter). Even if you disagree with the implementation of copyright, like I do (penalties for non-commercial infringement, length of time, etc), that is insufficient to condone this action.

      Nothing emotional about it. It is pretty unarguably freeloading, and if it makes you feel bad perhaps that's because you should - because it definitely isn't an ad-homenim, it's an accurate description of the behavior you're engaging in. 'You' being someone in general, of course.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    11. Re:Inflammatory headline by Hortensia+Patel · · Score: 4, Insightful

      Oh, come on. This is just silly.

      There are perfectly reasonable arguments to be made against the use of "theft" or "stealing" in this context, because acquiring a digital good without paying for it doesn't normally deprive anybody else of that good.

      But "freeloaders"? Granted, that term has various shades of meaning, but the dominant usage is equivalent to "free rider": someone who obtains a benefit without paying any of the costs involved in providing that benefit. Which describes pirates exactly. It's no more hyperbolic than describing sharks as "predators" or tapeworms as "parasites"; it's just saying what they do.

    12. Re:Inflammatory headline by Opportunist · · Score: 1

      *sigh* No, it's not stealing, stealing is the removal of a mobile object belonging to someone else with the intent to keep it for yourself or the benefit of a third party and the intent to deprave the other person from its use. If you intent to be picky about semantics, at least get your act together first.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    13. Re:Inflammatory headline by Anonymous Coward · · Score: 1

      Because creating software is so easy, that people shouldn't expect any return for it.

    14. Re:Inflammatory headline by Drakino · · Score: 1

      Calling pirates freeloader is pretty fitting actually in the modern day. Many pieces of software (both free and paid) have hidden costs these days. One big hidden cost is the servers necessary to host the download, to run services, and to provide support forums. By pirating an app, you deprive the author the revenue necessary to recoup the cost of those servers, while possibly adding load to those servers. It's not a "zero harm" situation anymore. Even if the app is free and mirrored without permission, it may be depriving the author of ad revenue if they host ad banners on their site where the download comes from.

      At the end of the day, not everyone in the entertainment or software industry can afford to provide all their work and effort for free. While someone may disagree with the value proposition of paying for that work is one thing, it's crossed the line when piracy starts occurring. If you don't want to pay, then find an alternative, or go write/create your own.

    15. Re:Inflammatory headline by Anonymous Coward · · Score: 2, Interesting

      Bullshit. Software development takes at a minimum, time. Developers such as this one weight the opportunity cost of the time they invest in developing the software against the money they expect to make from its sale. People who pirate the software, instead of paying, only encourage the developers to underestimate the potential value of their work, and therefore, less development will occur.

      Has a cost been incurred? Absolutely. Just because it can't be measured as a physical good does not mean it was not a cost. The most valuable things in an economy are man-hours worked. And despite the software being a good that can be copied with no cost, it clearly has value, or it would not be pirated.

      Your notion of morality, applied to the economy as a whole, would have chilling effects; it is by definition an economic free-loader problem. A classical economic study. There is no ambiguity as to whether or not piracy is accurately described as freeloading. A user gets a benefit from the toils of another, at no cost. Zero ambiguity.

      Your notion of entitlement is as absurd as your psuedo-intellectual rambling and arrogant tone.

    16. Re:Inflammatory headline by Chaonici · · Score: 1

      The funny thing is that you're actually right. From a certain point of view, copyright infringement is freeloading. From a certain point of view, copyright infringement is theft. The problem is that making claims like "it's theft/freeloading, pure and simple" do nothing whatsoever to address the issue itself; they only exacerbate the giant Internet flamewar that is the piracy debate. Most people consider "freeloading" to be a negative term, so when they hear "pirates are freeloaders", they automatically assume that "pirates are bad" without asking themselves "Is noncommercial, nonprofit copyright infringement really such a serious issue that we should be scrambling to make it impossible?". It's the lazy way out, and I wish we would avoid such terms for the sake of intellectual honesty.

    17. Re:Inflammatory headline by Sique · · Score: 3, Interesting

      Trespassing to shorten your way is also taking something that has value to you (you save time), but it wasn't free for you to take. Shall we call "trespassing" now "stealing way"?
      Just because you find some similar aspects in two different things doesn't make them the same.

      --
      .sig: Sique *sigh*
    18. Re:Inflammatory headline by beelsebob · · Score: 1

      Except that the claim that a digital item does not cause the creator to be deprived of everything makes a fallacious assumption, specifically, that the creator will sell an infinite number of copies.

      The creator invested time and effort in producing the item. If they sell zero items and you pirate it, you have deprived them of all that time and effort. If they sell one item and you pirate it, you have deprived them of half their time and effort, if they sell n items and you pirate it, you have deprived them of 1/(n+1) of their time and effort. At the limit as n tends to infinity, you indeed cease to deprive them of anything, but unfortunately for us developers it's rare to sell infinity copies of something.

      So conclusion – you have indeed deprived the creator of something – their time. Thus, yes, it is just as bad as stealing food.

    19. Re:Inflammatory headline by beelsebob · · Score: 1

      Okay, so you're removing the developer's time in creating the product, and intend to deprive (I assume you didn't mean deprave) the developer of its use. How does this definition not fit?

      If you intent to be picky about semantics, at least get your act together first.

      Perhaps you should consider your own statement ;)

    20. Re:Inflammatory headline by countertrolling · · Score: 1

      Tell it to the taxman...

      --
      For justice, we must go to Don Corleone
    21. Re:Inflammatory headline by neumayr · · Score: 2

      How's "theft" and "stealing" technically correct? They're using your service without your consent, which is against the law. But to claim they took something material from you really is stretching it.

      --
      Truth arises more readily from error than from confusion. -Francis Bacon
    22. Re:Inflammatory headline by slimjim8094 · · Score: 1

      But as it stands, it is freeloading. And you're putting words in peoples' mouths. When I hear "pirates are freeloaders", I think about how they're getting things for free that I followed the rules on. I don't like that - in school, in life, in business, or for software.

      We should definitely be discussing the rules themselves, but the pirates are absolutely 100% responsible for breaking them as they currently stand. This is inarguable, and they are currently freeloading while others are not. This has nothing to do with what the rules actually are, and discussing them is a separate issue.

      Accurate description is not intellectually dishonest. If the description is emotionally charged, perhaps the thing being described is emotionally charged as well. Like I said above, the emotions don't come from what people get, it's how they got it that bothers people. That's what freeloading refers to, so I will continue to use it, even though I basically agree with you about copyright. Freeloading is a more apt description the more I think about it.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    23. Re:Inflammatory headline by GIL_Dude · · Score: 1

      You are correct; stealing does require that the original no longer be in possession of the rightful owner. I do agree that we need to come up with and use a term other than theft for this. There are two different things going on:

      1) Making an unauthorized copy. Let's call that copyright violation.
      2) Using that software after violating copyright. Let's call that freeloading.

      I think we should be able to agree on these new terms. They pretty much EXACTLY spell out what is going on, irregardless of your stance on whether it should be legal or not.

    24. Re:Inflammatory headline by beelsebob · · Score: 1

      This isn't the fault of the file sharer.

      Similarly it isn't the fault of the person eventually served at a restaurant that the restaurant speculatively bought the ingredients for their food.

      What? How do you deprive someone of time and effort without ever interacting with them in the least?

      You have interacted with them – you've taken a copy of something they produced using that time and effort.

    25. Re:Inflammatory headline by uglyduckling · · Score: 1

      Ahhh, you're moving the goalposts. I never said it wasn't wrong, or that it wasn't "as bad" as stealing food, I said that it is different. Clearly, it is different. Piracy is wrong, I agree with you on that, but it is not theft. As I've said before, it's no more theft than it is arson ("you've burnt up their profits"), or assault ("you've hit them where it hurts"), or indeed rape (I'm not going to make a phrase up for that one). Piracy is wrong, but it isn't theft/stealing.

      I don't know why you think the creator needs to sell an infinite number of copies in order for piracy to be different from theft. And, as a matter of simple fact, the creator will have spent that time whether they sell 1000 copies or none, and whether 1000 copies are pirated or none. No-one can take another person's time away after the fact; time can only be taken prospectively (e.g. false imprisonment).

      What piracy does do is deprive them of a (potential) opportunity to exploit their creation for profit, something which is a contrived (i.e. artificial) right, not a principle of natural justice, which is reasonable to confer in limited circumstances for a limited duration for the good of the creator and the benefit of society. Deliberately conflating terms like theft and piracy supports the agenda of industries built around making maximum profit out of content (many of whom exploit the actual artists / programmers to a greater or lesser extent) to extend copyright terms indefinitely. Interestingly, this will actually be counter productive to the intentions of most decent people, that is - we end up with markets saturated with reworked content 'owned' by studios and software houses, which actually makes it harder for genuine innovators to make a sale.

    26. Re:Inflammatory headline by Omnifarious · · Score: 1, Insightful

      I think 'freeloader' is a perfectly appropriate term. Essentially people who do this are taking advantage of a system designed to incentivize creation without paying the cost for that system. While I debate the merits of this system in our current society, I think freeloader is a perfectly valid term, somewhat analogous to 'free rider', which they also are.

      I think 'pirate' is a horrible, overblown term, and I do not agree with terms like 'steal' or 'theft'. What's going on is none of those things. But they are riding on the back of a system without paying its cost.

      The authors of this software are not 'entitled' to get any money for having done so. But it would be in the best interests of everybody who enjoys their software to find a way to give them some money so they have more time to create more useful software. We have a system for making sure this happens that tries to impose the limitations of physical property on ideas in the hopes that the system we have for valuing and exchanging physical property can be leveraged. I think those limitations are currently extremely burdensome, whereas they once were relatively painless. But that's what we have right now.

      I think most people who fall into the 'freeloader' category are headless of the implications of the choice they are making. I would have more respect for them if they had a better idea of how we should handle the problem and were making a conscious choice to do what they were doing with an eye towards replacing the system we have with one that worked better.

      My contempt is still reserved though for those who think the current system works and just needs better enforcement.

    27. Re:Inflammatory headline by cheekyjohnson · · Score: 1

      People who pirate the software, instead of paying, only encourage the developers to underestimate the potential value of their work, and therefore, less development will occur.

      Is that the fault of the file sharers, who do not even interact with the authors in any way, shape, or form (and therefore do not deprive them of time, resources, or existing physical property), or the fault of a society which runs on scarcity, even if artificial? If something requires labor, and there is no limit to the amount of it that can be produced, and it's easy for everyone to do so once the original has been made, laws are typically enacted to create artificial scarcity for it. If that is not done, though the people easily reproducing the item do not take anything from anyone else, then someone else could, potentially, go out of business merely because they did not receive a potential gain. How do you own something that you never had in the first place?

      --
      Filthy, filthy copyrapists!
    28. Re:Inflammatory headline by beelsebob · · Score: 1

      Ahhh, you're moving the goalposts. I never said it wasn't wrong, or that it wasn't "as bad" as stealing food, I said that it is different. Clearly, it is different.

      But only in so much as stealing a car is different from stealing food... Given that the original comparison was used as a metephore, they could hardly say "piracy is no different from piracy" now could they ;)

      I don't know why you think the creator needs to sell an infinite number of copies in order for piracy to be different from theft. And, as a matter of simple fact, the creator will have spent that time whether they sell 1000 copies or none, and whether 1000 copies are pirated or none. No-one can take another person's time away after the fact; time can only be taken prospectively (e.g. false imprisonment).

      You've made my own point – the developer has invested time for an expected return – if he sells 0 copies his return is very low, and you steal all of his time, if he sells 1000 copies his return is low and you steal quite a large amount of his time, if he sells 1000000 copies his return is getting pretty good and you steal a small amount of his time... If he sells 100000000000000000000000000000000000000000000000000 his return is extremely good and you steal an extremely small amount of his time... Only when he sells an infinite number of copies is the fraction of his time that you steal infinitesimal.

    29. Re:Inflammatory headline by DurendalMac · · Score: 1

      You know what I find funny? When it comes out that some company is using open source code in violation of the GPL, /.ers start screaming bloody murder, even if it's not being used commercially. So tell me, how is that so much different than piracy? You're taking someone else's work and using it in a way that is not authorized, often distributing it in an unauthorized way.

      I'm sure we've all pirated software before, but the justifications I see here are just a bunch of /.ers spouting cognitive dissonance. It's not a good or right thing, people.

    30. Re:Inflammatory headline by MobileTatsu-NJG · · Score: 1

      Taking something that has value to you, and not paying for it (when it hasn't been made free by the author/developer/producer/etc), is stealing.

      No, it's not.

      There are costs associated to producing and distributing the software and you are depriving the author/developer/producer/etc from compensation for the copy you didn't pay for.

      No, you're not.

      Taking something that isn't 'free' without paying for it is stealing whether it's a digital item or food at a restaurant.

      No, it's not.

      The critical flaw in your line of thinking here is that there is no detectable loss of money or property anywhere. You cannot say "here's what we could have made". There are no stories, for example, of somebody creating a new copy protection mechanism and sales going up. This is is why the whole element of 'critical thought' is important. You've taken a simplistic view, claim to be seeing smoke, but can't point to a fire. I wouldn't normally mind but this sort of broken logic is exactly why those of us who do pay for software have to jump through extra hoops to keep it activated.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    31. Re:Inflammatory headline by cheekyjohnson · · Score: 1

      Similarly it isn't the fault of the person eventually served at a restaurant that the restaurant speculatively bought the ingredients for their food.

      No, it isn't.

      You have interacted with them – you've taken a copy of something they produced using that time and effort.

      You didn't "take" a copy of anything. You copied it. But, really, where did you interact with them? As far as I know, file sharers typically sit in front of their computers and download the data. Where do they interact with the author in such a scenario? They didn't force the author to do anything. No further time or effort is required from them to copy this data.

      The "potential profit" argument appears to make more sense than that.

      --
      Filthy, filthy copyrapists!
    32. Re:Inflammatory headline by neumayr · · Score: 1

      Don't get me wrong, copyright infringement is unlawful, and rightly so (within reason). But claiming that copying a piece of software impedes some sort of cost to the maker of that software is hard to argue. Even when everybody pirates, the problem would be elsewhere. E.g. the set price of the software, its availability, the company's public image, etc. So even then, it would come down to a miscalculation by the company's number crunchers.
      Saying people pirate merely out of spite or because they lack any feeling of morality is too simple, imho.

      --
      Truth arises more readily from error than from confusion. -Francis Bacon
    33. Re:Inflammatory headline by MobileTatsu-NJG · · Score: 1

      http://mw1.merriam-webster.com/thesaurus/freeloader
      "a person who is supported by or seeks support from another without making an adequate return"
      Please tell me how the use of that term was incorrect.

      By your definition, somebody could take a photo of me, publish it in the media so everybody can see it, and I'd be able to call the whole world a bunch of freeloaders.

      You'll be right once you can show us what the app's author is doing to support pirates that he isn't already doing with existing customers.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    34. Re:Inflammatory headline by MokuMokuRyoushi · · Score: 1

      Trespassing[to shorten your commute] does not gain extra time, it conserves the time you already have. You have stolen nothing. However, you have trespassed.
      Just because you find some similar aspects in two different things doesn't make them the same.

      --
      Humans are terrible replicators of Godly things.
    35. Re:Inflammatory headline by Travelsonic · · Score: 1

      Then, I suppose, it is impossible to steal someone else's ideas

      Uh.. duh? This is a ludicrous concept that presumes the impossibility of coming up with the same idea as somebody else independently, ignores that a work is not an idea but a accumulation of ideas - idea being the raw bi-product, ignores the difference between fraud and theft, ignores the difference between copying, and taking/depriving somebody of something they had, all while making the concept of plagiarism harder to understand instead of easier.

      Or a copy of their homework. Or a copy of their source code. Or a copy of their credit card report.

      Uh.. duh? Taking a copy of the work, leaving the original?

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    36. Re:Inflammatory headline by ScrewMaster · · Score: 1

      You may not like the terms associated to it, such as "freeloaders", "theft" or "stealing", but those aren't just 'technically' accurate, they are apt.

      Well, if you're talking about U.S. copyright law they are not apt. Well, freeloading is reasonable, I'd say. Apply some critical thinking (not to mention a few facts) here yourself. The terms are not only technically inaccurate, but legally inaccurate as well. I know this is an old, old complaint, but it's not legally theft, because the owner is not deprived of his property, only (potential) profit. It is, in fact, copyright infringement, and it is so because it is a civil, not a criminal matter. Unless you're talking about true pirates (those who commit copyright infringement on a significant scale for profit) the term theft doesn't apply. I can see you have strong personal feelings on the matter (that, or you are paid by the RIAA) but that doesn't change the facts.

      Now, having said that, the way it's looking from the the legal perspective here, copyright infringement will probably be criminalized in the relatively near future. If so, then you'll have a case.

      --
      The higher the technology, the sharper that two-edged sword.
    37. Re:Inflammatory headline by Travelsonic · · Score: 1

      Perhaps you should consider your own statement ;)

      The irony seems to be that your post is entirely grasping at straws, begging questions.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    38. Re:Inflammatory headline by Travelsonic · · Score: 2

      I think you're lumping different peopel together and attempting to paint a gross and/or false generalization here.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    39. Re:Inflammatory headline by MokuMokuRyoushi · · Score: 1

      If someone puts an item up for sale, regardless of its form, and does not intend for it to be distributed any other way than by sale, and you take it without paying, it is theft. Taking something that isn't 'free' without paying for it is stealing whether it's a digital item or food at a restaurant.

      The critical flaw in your line of thinking here is that you've taken a simplistic view, claiming that there's no "detectable" loss of profit, money or property. As far as that statement reaches, it is true. However, just imagine trying to calculate your losses. Can you know for sure how many have pirated that software, how many would have actually bought it had there been no pirating alternative? Of course not. So you're right, there's no detectable loss, in a sense. I normally wouldn't mind this sort of broken argument, but its supporting conclusions like this that give pirates and thieves some small amount of motivation. Which just means that those of us who pay for software have to jump through extra hoops to keep it activated.

      --
      Humans are terrible replicators of Godly things.
    40. Re:Inflammatory headline by brainzach · · Score: 1

      Freeloaders is the perfect word to describe the pirates.

      Freeloading is completely different than stealing. Freeloading is like not paying for a vaccine because everyone else is vaccinated for the disease. You get the benefits from the vaccine while others are paying for the costs.

      Pirates rely on the fact that there are enough people who are willing to pay to support the developers, or else that application would have never been created. You as an individual won't cause any harm, but if everyone pirated, then many of the software and movies we enjoy wouldn't exists.

    41. Re:Inflammatory headline by MobileTatsu-NJG · · Score: 1

      If someone puts an item up for sale, regardless of its form, and does not intend for it to be distributed any other way than by sale, and you take it without paying, it is theft.

      No, it's not.

      Which just means that those of us who pay for software have to jump through extra hoops to keep it activated.

      Uh, yeah, speaking of motivating pirates....

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    42. Re:Inflammatory headline by DarkVader · · Score: 1

      That has to be the most ridiculous argument I've ever heard.

      His time is gone. He's developed the software and moved on. Nothing anyone else can do at that point can change that without the mythical time machine.

      It's not possible to steal something from the past - the past has it, and will always have it.

    43. Re:Inflammatory headline by Travelsonic · · Score: 1

      If someone puts an item up for sale, regardless of its form, and does not intend for it to be distributed any other way than by sale, and you take it without paying, it is theft.

      So... if the person selling it givers it to you to take, it's still theft? After all, it was not meant to be distributed any other way with your reasoning... or of a friend buys it for me?

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    44. Re:Inflammatory headline by TheLink · · Score: 1

      1) Making an unauthorized copy. Let's call that copyright violation.

      But making unauthorized copies is not necessarily a copyright violation in many countries. Copyright laws differ.

      Just because you think making unauthorized copies is unethical or illegal doesn't make it always so in other places/cultures.

      That's why the USA is going around having talks with countries around the world trying to "harmonize" the laws.

      Lastly if unauthorized copying was theft copyright holders would be able to resort to the anti-theft or other laws, even in the absence of protection from copyright laws (whether due to nonexistence or because the copyright law says it's OK - fair use or whatever). But they can't, because it isn't theft. Same goes for your "freeloading" definition.

      --
    45. Re:Inflammatory headline by Travelsonic · · Score: 1

      How about if someone took the information that represents your bank account balance and moved them to his bank account.

      In this case, you had something removed.... derp.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    46. Re:Inflammatory headline by nedlohs · · Score: 1

      There are two cases:

      1. I pirate the software
      2. I don't use the software at all.

      How have I deprived them of 1/(n+1) their time and effort in the first but not in the second?

      Sure if I pirate it instead of buying it then there's an argument that they lost the revenue if I pirate, but that's not the case in your situation. I'm not going to buy it, it's pirate it or not have it. So how do they lose anything by me choosing one or the other?

    47. Re:Inflammatory headline by Travelsonic · · Score: 1

      You free/leftards always sound the same. You keep asking others to apply critical thought to things while sounding as morons. No, lets not call things by their names as it might hurt feelings. Criminals are not criminals. No, they're victims. Victims? Those are the real criminals. Jeee.. give us a break.

      You are a moron. How's that for calling things by their proper names?

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    48. Re:Inflammatory headline by Kjella · · Score: 1

      If I buy a sandwich from you and find that it tastes great, there's nothing stopping me from picking it apart and seeing what you put in it. Then I can make my own sandwich which is exactly like yours, share that recipe with my friends, make my own sandwich stand or whatever. It doesn't matter if you say "hey, I made that sandwich first I want 1$ for every such sandwich anyone makes" you're not getting it. It doesn't matter how many hours you spent in the kitchen coming up with the idea, maybe you can try keeping your secret sauce a trade secret but that's it. If I download a song off P2P then you had zero costs with that copy, we paid for our own bandwidth and I bought my own hard drive not you. You're trying to get compensation for creating the "master sandwich" that everyone copied. I guess it's a matter of perspective, is that right inherent or something we created so we'd have people coming up with new sandwiches?

      I think the idea that this is inherent is complete bunk. If copyright was Jack Valenti's "infinity minus a day" we'd still be paying the caveman who invented the wheel. For the better part of civilization if we're seen someone do something better and simpler, we've copied it without further ado and the world moved forward. If someone told a better tale or played a better tune storytellers and bards copied it quickly. Particularly during the industrialization where we took what master craftsmen had perfected over generations and put them in cheap mass production in factories. Tough shit for the Luddites and saboteurs. Except for some things we found this was a bit overkill, it became so easy to copy it hampered progress and innovation because there was too little value in creating original work. We granted copyright to create artificial scarcity and value, we can take it away.

      You can do all the name-calling you like, you have already lost the word "piracy" and "pirate" and people will never equate sharing with taking. I share a song I have with my friends, I don't take anything from anyone. Trying to redefine the basic meaning of words is doomed to failure. This whole thing reminds me of a scene from the Gandhi movie, not that I'm comparing causes or anything:

      GENERAL: And how do you propose to make them yours? You don't think we're just going to walk out of India.
      GANDHI: Yes . . . in the end you will walk out. Because one hundred thousand Englishmen simply cannot control three hundred fifty million Indians if the Indians refuse to co-operate. And that is what we intend to achieve -- peaceful, non-violent, non-co-operation.

      I think this variety goes like:

      MAFIAA: And how do you propose to make them yours? You don't think we're just going to walk away from our profits.
      PEOPLE: Yes . . . in the end you will change or disappear. Because one hundred thousand copyright holders simply cannot control three hundred fifty million consumers if the consumers refuse to co-operate. And that is what we intend to achieve -- peaceful, non-violent, non-co-operation.

      --
      Live today, because you never know what tomorrow brings
    49. Re:Inflammatory headline by AK+Marc · · Score: 1

      Taking something that has value to you, and not paying for it (when it hasn't been made free by the author/developer/producer/etc), is stealing.

      But it's not taking. Taking requires depriving someone of something. It's stealing like breaking into someone's house and taking a photo of their couch is stealing. It might be wrong. It might be illegal. But it's just plain silly to call it stealing.

    50. Re:Inflammatory headline by Palshife · · Score: 1

      *whoosh*

      --
      Attention deficit disorder is a complicated issue, spanning several major... HEY LET'S GO RIDE BIKES!
    51. Re:Inflammatory headline by makomk · · Score: 1

      It's definitely not theft, but piracy is in fact legally prohibited - that is, "against the law" or "illegal".

      It's a violation of the law, but it's not a criminal offense. On the other hand, creating and releasing Trojans - especially ones intended to fradulently deprive people of real money - is actually a crime.

    52. Re:Inflammatory headline by 517714 · · Score: 1

      Your arguments amount to nothing more than naysaying. Occam's razor favors the simplistic view, and in the absence of evidence to the contrary (which you have not presented) should be accepted. The critical flaw in your line of thinking is that you only see value in money and material property. Freedom and ideas also have value. You wouldn't mind if I removed from your brain the memories of your first love and your best vacation, would you? You wouldn't mind if someone erased your hard drives? After all, according to your argument, those result in "no detectable loss of money or property anywhere".

      --
      The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
    53. Re:Inflammatory headline by MobileTatsu-NJG · · Score: 1

      So what you're saying is that downloading a pirate copy of software.... makes another copy of it disappear somewhere....?

      Well that explains why so many people here dont understand the topic.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    54. Re:Inflammatory headline by tragedy · · Score: 1

      Of course, in this case, it has been made free by the author/developer/producer/etc.

    55. Re:Inflammatory headline by russotto · · Score: 2

      The Client from Hell is right; he didn't steal the website. He just committed breach of contract, and apparently by his own admission, fraud (by entering into the contract with no intention of actually paying).

    56. Re:Inflammatory headline by gnasher719 · · Score: 1

      But it's not taking. Taking requires depriving someone of something. It's stealing like breaking into someone's house and taking a photo of their couch is stealing. It might be wrong. It might be illegal. But it's just plain silly to call it stealing.

      It depends on the jurisdiction. In US law apparently the intent to deprive the rightful owner is part of the definition of theft. In German law, for example, it is the intent to enrich yourself. Which I think makes more sense, because most thieves don't actually have the intent to deprive the owner, that is just an unfortunate side effect.

    57. Re:Inflammatory headline by gnasher719 · · Score: 1

      This isn't the fault of the file sharer.

      What? How do you deprive someone of time and effort without ever interacting with them in the least?

      Lame excuse #1 and lame excuse #2. Well, making illegal copies is not theft. It doesn't fit the legal definition of theft. There are other offenses, like fraud, or embezzlement, that have effects similar to theft, but don't fall under the definition of theft. But then they fall under the definition of fraud, or embezzlement, and are therefore crimes.

      Making illegal copies is copyright infringement, which depending on circumstances can be a crime. When it's a crime, it is crime, and it doesn't matter one bit that it isn't theft. When it is not a crime, it is still something that will open you to liability. Doesn't matter one bit that it isn't theft, you are still liable.

    58. Re:Inflammatory headline by gnasher719 · · Score: 1

      There are two cases:

      1. I pirate the software
      2. I don't use the software at all.

      There are of course other possibilities that are quite obvious but wouldn't occur to you, since you have no intent to pay. You could estimate what the software is worth to you, put that money into an envelope and send it to the developer. If you say it is worth nothing to you, then why are you pirating it? Or you could estimate what the software is worth to you, round the number up a bit, and send a cheque for that amount to some charity.

      But last, if you didn't pirate any of the software you pirate, then at last you would have to pay for some software.

    59. Re:Inflammatory headline by cheekyjohnson · · Score: 1

      Lame excuse #1 and lame excuse #2.

      Lame according to you? They weren't meant to be "excuses," anyway, but general statements.

      You misinterpreted me, I think. I said nothing of legality, morality, or anything of the like.

      --
      Filthy, filthy copyrapists!
    60. Re:Inflammatory headline by AK+Marc · · Score: 1

      It's definitely not theft, but piracy is in fact legally prohibited - that is, "against the law" or "illegal".

      Only because the current definition of piracy is "illegal copyright violations." The definition includes "illegal," at least as commonly used. Legally ripping a CD or lending a CD to a friend would be piracy under many definitions, if those actions were illegal.

      Nothing emotional about it.

      If that were the case, then "they" wouldn't be using the term piracy for describing copyright violations. It was a choice to generate an emotional response in the listener/reader. So there very much is something emotional about it.

      it definitely isn't an ad-homenim, it's an accurate description of the behavior you're engaging in.

      Then you don't understand ad hominem. A response that uses attributes of the opposing side as part of an argument is an ad hominem. More originally it was when you attacked the person in an attempt to destroy their credibility, but in current use it doesn't have to just be a credibility attack. Pretty much anything that addresses the person, rather than the topic at hand, could be considered an ad hominem. "Freeloaders get punished" is an ad hominem because you are attacking the other side personally (presuming the people who object are the freeloaders in question). The truth of the statement is irrelevant to whether it's an ad hominem. In fact, the best ad hominem attacks are the ones that are the most accurate.

    61. Re:Inflammatory headline by dadelbunts · · Score: 1

      Except that when you steal you remove an item from someone without either paying for it, replacing it, or being allowed to. And in your "point" what makes you think the developer sells any copies in the first place. You are assuming that he will sell 1 copy. If you make a copy of something no one else would by how are you robbing him of any time or income? A great example is abandonware. Are you robbing defunct companies of revenue on software that is impossible to find anywhere because its not made anymore? "Piracy" however wrong or right it may or may not be is not in any way the same as stealing.

    62. Re:Inflammatory headline by AK+Marc · · Score: 1

      From a certain point of view, copyright infringement is freeloading.

      Getting value for nothing is always "freeloading" in a non-pejorative sense (though that would would rarely be used without a pejorative intention). That means that watching TV, going to the library, accepting a meal from a friend, etc. are all freeloading activities. However, "freeloader" is a personal attack against a person (or class of persons) that is unrelated to defining the person or action. It's always used as a pejorative and us usually functionally inaccurate.

      From a certain point of view, copyright infringement is theft.

      No, it never is. There is no infringement that results in the copyright holder having something they had previously that they are then denied of. But of course, the general denial of actually knowing the definition lets people claim "theft" when it's as much "theft" as it is kidnapping or trespassing or vandalism or whatever you want to assert.

      It's the lazy way out, and I wish we would avoid such terms for the sake of intellectual honesty.

      That's the real issue. "Criminal copyright violation" isn't as sexy as "intellectual rape." So they make up terms in order to demonize those who they don't like.

    63. Re:Inflammatory headline by AK+Marc · · Score: 1

      Freeloading includes me using freeware without making the optional donation. Freeloading includes me watching TV without paying for cable. Freeloading includes me swinging at a public park. And freeloading is considered an insult by most. Even if "accurate" it is no more appropriate when speaking to freeloaders to call them that than to refer to people of other races by their pejoratives or calling everyone you meet a fuckwit. But I guess that makes me all PC, since I think less of those who run around purposefully insulting others.

    64. Re:Inflammatory headline by AK+Marc · · Score: 1

      The issue is intent. If you are saying it with the intent of insulting the person or the action, then you are misusing it. You aren't saying what they do to describe their actions, but to color their actions. Thus, in reasoned discussion, it's inappropriate. Thankfully, the US avoids reasoned discussion at costs. No one calls a shark a "predator" for the primary purpose of insulting sharks. Thus that's not an inappropriate comment. Purposefully insulting others to further an emotional argument is as inappropriate using "freeloader" as any racial epithet you can think up. The accuracy is irrelevant to the appropriateness.

    65. Re:Inflammatory headline by BronsCon · · Score: 1

      Right, because driving on that road causes wear on the road; e.g. is has an actual cost to the owner of the toll road. It is that cost that makes it theft or "stealing".

      However, downloading a copy of an application has no cost to the owner of the application. It is that lack of cost that makes it not theft or "not stealing".

      Did they lose a sale? Probably not and here's why:
      I pay for the vast majority of the software I use. The rest is either free software, trial versions I haven't gotten around to buying (haven't expired yet or don't plan to keep using), or shit I straight up can't afford to pay for that, assuming I don't get sued by the owner, I intend to purchase when I *can* afford it. I know 100% or certain that I'm not alone but, for the sake of argument, let's remove that last clause:
      I pay for the vast majority of the software I use. The rest is either free software, trial versions I haven't gotten around to buying (haven't expired yet or don't plan to keep using), or shit I straight up can't afford to pay for. Ok, now I'm REALLY not alone.

      Someone care to explain to me how you lose a sale to someone who can't afford to pay you? Explain that and I'll buy into the "every copy is a lost sale, which has a cost, which makes it theft" argument so many people try to make. I'm pretty sure no company has ever lost a sale to my piracy and quite a few have gained my business by my ability to fully utilize their product before I was able to pay for it; e.g. when I had they money, they got the money.

      Of course, there are those out there who quite simply won't pay. Let's look at that group for a moment. If they couldn't get it for free, would they buy it? No. They, quite simply, won't pay. How can you count a copy made by someone whose money you never would have gotten anyway as a lost sale? Explain that and I'll buy into the "every copy is a lost sale, which has a cost, which makes it theft" argument so many people try to make. I'm pretty sure no company has ever lost a sale to someone who had no intention of being their customer. Of course, the counterargument that said companies have gained customers in this way is largely nullified, as well; though it has been known to happen.

      Then, of course, we have commercial piracy. Here's where the theft, the lost sales, comes into play. If I'm making copies of your product and selling them, each of those *is* a lost sale. If I'm using your product in my business and that business is turning a profit, I can afford to buy your product and, if I do not, that *is* a lost sale. In those cases, and only those very few and rare cases, is piracy comparable to theft. Only in those cases is it "stealing". The burden of proof falls on the owner of the product; prove that I can afford your product and that I would have paid for it if piracy were not an option (that I could and would be your customer), or prove that I made profitable commercial use of your product. If you can't prove this, kindly fuck off and stop wasting my time, your time, and the court's time until such time that you can prove at least one of your arguments.

      Gah, sorry, got off on a rant there.

      DISCLOSURE: I'm a software developer.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    66. Re:Inflammatory headline by BronsCon · · Score: 1

      If someone puts an item up for sale, regardless of its form, and does not intend for it to be distributed any other way than by sale, and you take it without paying, it is theft.

      No, it's not.

      Yes, it is. If you take it, it's theft, they no longer have it. However, piracy refers to copying, not taking. Copying is not theft, it's copying, the original is still there, nothing has been taken; therefor, it is not theft. Taking it is theft.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    67. Re:Inflammatory headline by MokuMokuRyoushi · · Score: 1

      In that case, he intended to distribute it by giving it to you free of charge. In the second case, you did not take it. Don't try to derail a conversation with false logic.

      --
      Humans are terrible replicators of Godly things.
    68. Re:Inflammatory headline by MokuMokuRyoushi · · Score: 1

      So all I have to do is copy the credit card? Thanks for the tip!

      --
      Humans are terrible replicators of Godly things.
    69. Re:Inflammatory headline by BronsCon · · Score: 1

      So if I pirate the first copy, I've stolen all of the developer's time, right?

      So when the developer sells a copy, he's stolen half of his time back? And another half with the next copy, so on and so forth.

      How, then, is the developer any better than me?

      DISCLOSURE: I'm a developer. You're an ass.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    70. Re:Inflammatory headline by AK+Marc · · Score: 1

      I think you misunderstand the US definition. It in no way requires the intent to deprive. It just requires that to be a necessary effect. That's to distinguish from cases of "borrowing" that should be handled civilly, rather than criminally. But it should not be taken to mean that there needs to be some intent to harm.

      And I don't read German, so I can't verify their law, but I can't understand how there can be a theft law that requires no loss, just enriching yourself from others. From just that definition, the consulting company I worked for robbed me every time they took profit from the overhead charged against the hours I billed. Since I expect that such arrangements are legal in Germany, I would state that the simplification of law you presented is functionally incorrect.

    71. Re:Inflammatory headline by BronsCon · · Score: 1

      Copying the card data is piracy, not theft, you're right.

      Using that data to make purchases, however, has a cost. That's theft.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    72. Re:Inflammatory headline by Hortensia+Patel · · Score: 1

      I'm not denying that intent matters, but I absolutely disagree that "accuracy is irrelevant".

      Presumably neither you nor the GP has any special insight into the intent of the submitter here. Since you're not disputing that pirates are freeloaders, why couldn't they have chosen that word just to avoid a clunky repetition of "Pirates"? How is this headline any different from, for example, "Burgled Laptop Reports Thieves"? Would you really claim that "Thieves" there is a purposeful insult, as inappropriate as any offensive racial epithet could have been?

      I honestly don't understand your argument. "Freeloaders" is a perfectly good descriptive term; it's not a word that only exists to be offensive. To the extent that it's derogatory, it's derogatory because the activity it describes is, well, kinda douchey. I'm sure a lot of pirates like to think of themselves as cool Jack Sparrow types sticking it to The Man, but if they get upset when someone uses a different term which, and I'm sorry to have to repeat this, describes exactly what they do, then they're in some serious denial.

    73. Re:Inflammatory headline by Jaxoreth · · Score: 1

      but not paying for your copy is stealing.

      "Stealing" what? The reason I think it's idiotic to use such terms in regards to 'piracy' is because taking away someone's exist physical property and copying data are two very different things. Copying data doesn't take away the author's time, resources, or existing property. It's called "copyright infringement."

      Actually, it may not even be copyright infringement. What it definitely is is unauthorized copying.

      For example, ripping a CD to my computer and then copying it to my digital audio player may not be specifically authorized by the copyright holder, but a court wouldn't consider it infringing.

      --
      In general, it is safe and legal to kill your children. -- POSIX Programmer's Guide
    74. Re:Inflammatory headline by MokuMokuRyoushi · · Score: 1

      Alright, badly formed and illogical sarcasm will now be dropped. I have a question to ask, and here it is - I used to design web templates, and have a friend still in the business. Say I and/or Titus(friend aforementioned) make a plain old html template, and start selling it to customers. Not long after beginning sales, we notice that it is no longer selling as well as it initially did. After doing some research, we find that someone has copied the template line for line, and is distributing it to the public for free. Have they stolen our work, and thereby profits, or have the pirated it?

      --
      Humans are terrible replicators of Godly things.
    75. Re:Inflammatory headline by Grygus · · Score: 1

      If you say it is worth nothing to you, then why are you pirating it?

      I don't think the issue is as black and white as you portray it. I know an answer to this question: it's because you didn't know it was worthless until you actually tried it out. I don't know how many pirates really use piracy as a form of acquiring demos, but I do think that's often a legitimate use; the convention of forcing agreement with an EULA before the software can even be opened strikes me as backwards, ethically speaking. Ever bought a game, started to play it, and regretted paying for it? Did that developer really earn that particular sale? I have known people who claimed to pay for pirated games that they actually enjoyed, for example; I don't know whether they actually did that all the time, but it doesn't seem a very dishonest practice to me, especially given that most retailers don't have a return policy for software.

      What about pirating something you paid for in the past but have since lost the media? Is that still stealing? You've already paid the developer for his time and work, and this action is costing him absolutely nothing, even indirectly, unless your position is that he has earned a second sale, which is not a position I would agree with.

      I'm sure piracy impacts game sales negatively and therefore people's lives, and so on the whole it would be ideal if pirating did not exist. However, I wonder how much piracy is caused by the developers themselves, and how much they overestimate that impact for dramatic effect. Games without any copy protection at all can still sell lots of copies, and at least some video game companies seem to be making a lot of money despite this scourge. The publicity developers give piracy is surely not healthy for them; I wonder how many kids first heard about software piracy from a developer or while wondering what DRM was for, exactly. I wonder how many people are driven to piracy by DRM (that happened to me only once, so I'm not claiming it's common, but it certainly does happen,) and how many people are encouraged to pirate because the pirated product is simply better (for example, I crack all my purchased games because requiring the CD to play them has no social or technological justification - this isn't strictly piracy, granted, but it increases downloads for cracks and surely encourages the crackers... perhaps it also inflates the apparent number of pirates.) Perhaps fighting piracy on a large scale is having the undesirable effect of making that "community" stronger; it would be easier to win public support if software developers weren't actively and willfully punishing their customers in their quest for (let's face it) not justice, but greater profits.

      I think the real problem is that the underlying causes are primarily social, and developers are using very poor PR strategies.

    76. Re:Inflammatory headline by Jaxoreth · · Score: 1

      Okay, so you're removing the developer's time

      This is semantic gibberish. Time is not a portable object that can be added or removed, so your statement makes about as much sense as Intelligent Design proponents talking about "adding intelligence" to something (as if you could pour it from a beaker) or the English translation of Zero Wing.

      As best as I can interpret what "removing [one's] time" means: If I spend time making a creative work, for you to remove that time after the fact would require a time machine and would have the effect of canceling the work's creation, thereby depriving you of the chance to enjoy it, legally or otherwise -- contradicting your premise of using the work without permission.

      --
      In general, it is safe and legal to kill your children. -- POSIX Programmer's Guide
    77. Re:Inflammatory headline by AK+Marc · · Score: 1

      Since you're not disputing that pirates are freeloaders, why couldn't they have chosen that word just to avoid a clunky repetition of "Pirates"?

      For the same reason I don't presume that someone calling blacks "niggers" is doing it to avoid repetition.

      I honestly don't understand your argument. "Freeloaders" is a perfectly good descriptive term; it's not a word that only exists to be offensive.

      If you walked up to the average person on the street and told them they look like a freeloader, do you think they would be insulted? From my experience, the answer is yes. As such, using the word is insulting. Whether it is an accurate description of the person is irrelevant to whether it is derogatory. Go call a black person a nigger and see if they think that's ok because it gives a correct indication of their heritage.

    78. Re:Inflammatory headline by shutdown+-p+now · · Score: 1

      Wow, seriously? If a pirate gets offended by being called out as a freeloader in a very definite and negative sense - which they are - they should maybe grow some thicker skin before they pirate (after all, that's what they expect the authors to do!). If you're not a pirate, then why get offended?

      The appeal to "appropriateness" in this context is simply ridiculous.

    79. Re:Inflammatory headline by Hortensia+Patel · · Score: 1

      Not the same thing at all. Suppose you've never heard of Fred Bloggs; "Fred Bloggs is a nigger" is still offensive, whereas "Fred Bloggs is a thief" is not. "Freeloader", like "thief", is only derogatory because freeloading, like theft, is generally accepted to be a bad thing. So whether or not it's appropriate depends very much on whether it's accurate.

      In the case of the headline, barring some truly embarrassing bug in the app in question, the term is accurate: the only people who are going to be "shamed" by it are indeed freeloaders. If I told a random person on the street that I believed they were a thief, then yes, I'd expect them to be insulted, because they probably aren't. If on the other hand I told a convicted thief that I believed they were a thief, they don't really have a leg to stand on.

    80. Re:Inflammatory headline by harlows_monkeys · · Score: 3, Interesting

      Because eating food and not paying for it is comparable to downloading software and not paying for it. Yeah.

      Yes, they are comparable. In both cases, someone has offered to provide a service to you. One is providing food, the other providing software. In both cases the party offering the service has spend money in order to provide that service.

      The restaurant paid rent on their building, they paid the kitchen staff. They paid the waiters. They paid for the ingredients that were used to make the meal.

      The software company paid rent on their building, they paid their employees. They paid for equipment to develop the software.

      In both cases you use the service without contributing to them making up those costs.

    81. Re:Inflammatory headline by AK+Marc · · Score: 1

      Is it unreasonable for a black person to get insulted when called a nigger? After all, appropriateness is ridiculous.

    82. Re:Inflammatory headline by 517714 · · Score: 1

      I did not say that removing your memory destroyed that memory, merely that it would be taken from you. Would it make a difference to you if a copy was made prior to your drives being erased? I am saying that pirating software is creating a copy without payment or the effort required to create that piece of software. If the copy has no value then the pirated copy would not be made.

      If your employer decided not to pay you for your work last week, the money would be in their pocket instead of yours, no money actually disappeared, but the money is clearly not where it belongs. In addition since you presumably did something for the company, wealth was actually generated. You would have us believe that you would have no issue with that?

      --
      The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
    83. Re:Inflammatory headline by BronsCon · · Score: 1

      They have pirated it. Legally, they have committed copyright infringement.

      If they have taken your name off of it and are claiming it as their own, giving it away as though there is no paid "legit" version, I'd go so far as to say they are committing fraud.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    84. Re:Inflammatory headline by MobileTatsu-NJG · · Score: 1

      I did not say that removing your memory destroyed that memory, merely that it would be taken from you.

      The word you used was 'removed'.

      Would it make a difference to you if a copy was made prior to your drives being erased? I am saying that pirating software is creating a copy without payment or the effort required to create that piece of software.

      You're saying that using words like 'removed' and 'erased'. That's not what's happening here.

      If your employer decided not to pay you for your work last week, the money would be in their pocket instead of yours, no money actually disappeared, but the money is clearly not where it belongs.

      There's no relevance between your example and piracy. In fact, this is exactly the sort of rationale Jack Valenti tried to use to prevent VCRs from becoming household gadgets. You have demonstrated a couple of times now that, fundamentally, you do not understand a very critical piece of this puzzle. Copying means you lose nothing, that isn't the picture you painted. Here is a partial fix to your example:

      You did work for a company and was paid for it. A completely different company, who you have no association whatsoever with, used your work in some way and you weren't paid for it. You wouldn't have known about it if nobody had told you. (i.e. you didn't have to send them any files or email them or anything like that.) You would have us believe that you have no issue with that?

      Now, you didn't ask me that question, but I'll answer it anyway: It has happened before, and no. I have potential for more work because of it.

      You're talking to somebody who has written and sold software. You're also talking to somebody that works in the entertainment industry. Things like Wolverine getting leaked actually affect my working life. You're not talking to somebody who's trying to justify piracy, but you are talking to somebody who's livelihood would be destroyed if piracy ran to a ridiculous extreme. And.... guess what? I'm not worried that people will put me out of business. I am worried that sales will go down if the product is devalued over FEAR of piracy. Broken rationalizations like yours fuel that fire.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    85. Re:Inflammatory headline by wisty · · Score: 1

      OK, so why don't you just copy stuff that's been on the market for (say) 10 years?

    86. Re:Inflammatory headline by nedlohs · · Score: 1

      And I could also just but the software as normal. But that's irrelevant to the claim of depriving the software creator of a very exact amount of "time and effort".

    87. Re:Inflammatory headline by shutdown+-p+now · · Score: 1

      There's no harm in being a black person. What you are suggesting is basically that calling a robber a "thug" is inappropriate because it offends him.

    88. Re:Inflammatory headline by green1 · · Score: 1

      The bigger question is, why do big companies think it's ok to violate the GPL to make their software, but don't think it's ok for us to violate their copyright on the finished product?

    89. Re:Inflammatory headline by Opportunist · · Score: 1

      If you show me how to make time a mobile object (and you didn't patent the process first), I'll gleefully agree. And then I'll make millions moving time around.

      You still owe me the object.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    90. Re:Inflammatory headline by Opportunist · · Score: 1

      Nope, not stealing until you withdraw money from the ATM. Then you took my money (tangible, mobile objects called bills) with the intent to keep them and keep me from using them. Until then, you committed fraud (transferring money illegally from one account to another), falsification of documents (duplication of ATM cards, which by itself is or is not a crime, depending on your jurisdiction) and probably extortion or false pretense (to get my pin number).

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    91. Re:Inflammatory headline by exomondo · · Score: 1

      But it's not taking. Taking requires depriving someone of something.

      The concept of copyright is that the copyright owner owns - has the rights to - all of the copies, hence the term.

      It's stealing like breaking into someone's house and taking a photo of their couch is stealing.

      wtf are you on about? It's absolutely NOT like that in any way. In terms of software the original item and the copy are identical, i'm not sure how you consider a couch and a photo of a couch to be identical items.

    92. Re:Inflammatory headline by MobileTatsu-NJG · · Score: 1

      Wow, it's really easy to post a rebuttal using your method.

      Heh. That really could have stung... if you hadn't intentionally skipped the whole bit with the rebuttal.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    93. Re:Inflammatory headline by mjwx · · Score: 1

      Because creating software is so easy, that people shouldn't expect any return for it.

      A product is worth what a purchaser will pay for it, not what a vendor is asking for it. Software licenses have long been used as a means of trying to get around this.

      Copyright infringement is the natural result of when the value of a product as perceived by it's purchaser is not equal to the price asked by the vendor.

      Creating something does _not_ repeat does _NOT_ entitle you to money for it. Stop pretending just because you wrote a few lines of code you are entitled to have you hand in my pocket. This is what I mean when I deride a developers childish sense of entitlement.

      Now in the case of this developer, I don't see anything wrong here. Using services that cost the victim money is questionably legal, but what the victim did in the first place is also, quite questionable, seems almost fitting. However the fact that both sides are wrong will never stop the lawyers on either side.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    94. Re:Inflammatory headline by AK+Marc · · Score: 1

      The concept of copyright is that the copyright owner owns - has the rights to - all of the copies, hence the term.

      Uh, no. That's not even close to how it works.

      It's absolutely NOT like that in any way. In terms of software the original item and the copy are identical, i'm not sure how you consider a couch and a photo of a couch to be identical items.

      The loss to the owner is the same in both cases.

    95. Re:Inflammatory headline by Tim+C · · Score: 1

      Stop pretending just because you wrote a few lines of code you are entitled to have you hand in my pocket. This is what I mean when I deride a developers childish sense of entitlement.

      Likewise, the fact that a copy can be obtained for nothing does not entitle you to it either. There appears to be a sense of entitlement on both sides, no?

      Using services that cost the victim money is questionably legal, but what the victim did in the first place is also, quite questionable, seems almost fitting.

      "But he did it first!" doesn't wash in the playground, it certainly shouldn't wash out here in the grown-up world.

    96. Re:Inflammatory headline by juasko · · Score: 1

      Yep, correct labeling should be used.

    97. Re:Inflammatory headline by juasko · · Score: 1

      Nope, eating is not a crime, nor is using software a crime.

      But eating food that you have no legal right to eat is a crime, just as using software that you have no legal right to use is a crime.

      As simple as that. Downloading in it self should not be a crime. Nor should distribution be a crime unless while obtaining the copy you actually had to agree to a no distribution agreement. It's the use of the software that is illegal. Just as using food that is not yours that is illegal.

    98. Re:Inflammatory headline by juasko · · Score: 1

      Freeloaders could be loading freely free stuff, so using freeloaders is not accurate.

      Copying is not necessarily stealing, that is why it's called copyright, to prevent others from copying the end result of your assumed hard work. Though breaking the copyright is very similar to stealing or theft. So yes it's appropriate use of words, while not accurate.

    99. Re:Inflammatory headline by juasko · · Score: 1

      Private road doesn't always mean that your not supposed to use it, I some countries you need a text also to define that it is only purposed for the private owners usage.

      Here, where i live private roads are common, most of them are free to be used by the citizens. Private road implies privately owned road. And of course the owner is allowed to prevent others from using it, but then he needs to put up a sign that communicates exactly that.

      But then I live in a country where there is no trespassing, unless land owner actually prohibits others from commute over it. In our neighbor county your actually allowed to temporally camp on anyones land without asking the owners. It's the owners responsibility to communicate that he does not want others on his property. But that is to go bit to far IMO.

      But the general idea is that everyone are free to take a walk anywhere in the nature. If that is not the wish of the land owner, he has to communicate it in a proper way.

      You thought America was the free country, right?

    100. Re:Inflammatory headline by juasko · · Score: 1

      Well yes.

      But still what people do understand is that they are comparable. What most people don't understand that it's not the downloading that is the criminal act. But to use the software which you have not obtained a license for using.

      So neither copying or downloading is in effect the criminal act. The criminal act is when you use a pirated software, or distribute it.

    101. Re:Inflammatory headline by juasko · · Score: 1

      Copyright infringement not criminalized yet?

      What kind of anarchy do you live in, I guess it's in the wild west of americas.

    102. Re:Inflammatory headline by juasko · · Score: 1

      That is called reverse engineering among techies and there is nothing wrong in that. Nor anyone saying your doing a criminal act. But you might have some patent issues. But that is not your responsibility to check, its the original sandwich makers responsibility to defend his or her patents.

      But simply reverse engineering is not the same as piracy or copyright infringement.

      So your post may apply to a patent discussion not to copyright discussion, and only shows that your unable to differentiate between apples and oranges. I would not trust you in a court case, simply on the comment you gave as its totally out of context, and rubbish in this discussion.

    103. Re:Inflammatory headline by juasko · · Score: 1

      Hmm, you think the same of those who like SM sex too?

      What about freedom to submit?

    104. Re:Inflammatory headline by juasko · · Score: 1

      Not sure about the definition on theft, but I buy it.

      By definition we know it's not stealing, but theft might suit much more.

    105. Re:Inflammatory headline by juasko · · Score: 1

      There is a difference yes, but the end result may not be any different.

    106. Re:Inflammatory headline by juasko · · Score: 1

      I agree, and it perplexes me that copyright infringement hasn't been criminalized. This explains why RIAA tries to define it as stealing. While it isn't because copyright infringement is just as bad as stealing, but not criminal as stealing.

      In essence they are the same while technically they are way different, and I think most people with normal IQ agrees on this.

    107. Re:Inflammatory headline by juasko · · Score: 1

      That is why it's called copyright infringement instead of stealing. And yes both should be criminal.

    108. Re:Inflammatory headline by juasko · · Score: 1

      Only if it's not mentioned what the apps do. If they did it properly they should have added the SMS feature in small print.

      Then it's not a trojan at all.

    109. Re:Inflammatory headline by juasko · · Score: 1

      You deprive them of the gain you where supposed to give them.
      There fixed it for you.

    110. Re:Inflammatory headline by juasko · · Score: 1

      Well in first place the photo of you, wouldn't be yours to decide over. But the photographer, unless you have a different agreement.

    111. Re:Inflammatory headline by juasko · · Score: 1

      As there might be a free app to download too....

    112. Re:Inflammatory headline by juasko · · Score: 1

      I hope you understand that it's the same with everything.

    113. Re:Inflammatory headline by cheekyjohnson · · Score: 1

      How can you "own" a potential gain?

      --
      Filthy, filthy copyrapists!
    114. Re:Inflammatory headline by Sique · · Score: 1

      No, the toll road is a bad analogy.
      For some act to be in violation of copyright, the Work in question doesn't need to be offered to the public. Internal documents not meant for publication also fall under copyright, and an unsolicited copy is still a copyright violation, if no statute of limitation applies.

      --
      .sig: Sique *sigh*
    115. Re:Inflammatory headline by Travelsonic · · Score: 1

      Well, considering we learn about stealing from axts of being deprived of something - something is taken from us - and the laws require deprivation to occur for theft to occur in ways that copying digital bits can't in of itself accomplish, it is easy to see his reasoning, IMO.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    116. Re:Inflammatory headline by Omnifarious · · Score: 1

      Yes, they are comparable. In both cases, someone has offered to provide a service to you. One is providing food, the other providing software. In both cases the party offering the service has spend money in order to provide that service.

      Really, the software maker, has offered me a service? Which service would that be then? I mean, I didn't download it from the maker directly, and they didn't have a contract or pay the entity I did download it from. So the service surely can't be providing the software for download. I'm keen to learn what service it is though. I make software myself, and I might want to offer this service to people.

    117. Re:Inflammatory headline by MobileTatsu-NJG · · Score: 1

      I don't think there's any dispute about that. It's the ratio of copy to shouldapaid that's not widely understood.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    118. Re:Inflammatory headline by Travelsonic · · Score: 1

      Freeloader yes, thief? Not under the law, and IMO logic agrees that another name is more apt for a new act, unless you can prove theft is appropriate.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    119. Re:Inflammatory headline by ekhben · · Score: 1

      If a restaurant could sell the same burger an infinite number of times, you ... still would have a bad comparison, since off the shelf software is a product, not a service.

      The value of a thing asymptotically approaches the cost of duplication of that thing. Things with material costs have a fixed cost of duplication, as well as an amortised cost of creation and capital investment in copying equipment. Things with no material costs only have an amortised cost, and amortised costs asymptotically approach zero. The value of software is, thus, zero. The notion that I could double the value of my assets simply by making a copy of an application is absurd.

      There are business models which are not founded on that absurdity, and they're working. Value-add services like iTunes offer syndication and convenience; you pay 99c for the ease of using the iTunes interface to find and download a track, not because the track itself is worth 99c. Hosted software services offer value in the management and in the indivisible unit of a system with software, not in the software itself. Software to support a product, like iOS or onboard software for cars, works very well.

      But this is only a brief blip in history in which people can get away with using legislation to force value onto a valueless product.

    120. Re:Inflammatory headline by juasko · · Score: 1

      It's not potential anymore when you pirated it, you are guilty to pay for it then already.

      So you do ow them money. You did not steal the money. Just as if you skip pay rent, you haven't stolen the apartment. But you ow them money.

      I wonder where your cray colored cells are.

    121. Re:Inflammatory headline by cheekyjohnson · · Score: 1

      My question was: "How can you 'own' a potential gain?" How can they be hurt by 'losing' something that one cannot own?

      Just as if you skip pay rent, you haven't stolen the apartment.

      But you're using up their space and generally wasting their time. File sharers do none of that.

      --
      Filthy, filthy copyrapists!
    122. Re:Inflammatory headline by juasko · · Score: 1

      so what about the fundamentals, of free speech, the freedom to talk to everyone, your neighbor?

    123. Re:Inflammatory headline by juasko · · Score: 1

      It's still a copyright infringement

    124. Re:Inflammatory headline by juasko · · Score: 1

      No but your using their product. You never own the copy you have, just so you know. It's their copy, not yours, independent of whom copied it.

    125. Re:Inflammatory headline by cheekyjohnson · · Score: 1

      No but your using their product.

      At absolutely zero cost, time, or effort to them. You might think they should give them money for their effort, and I do, too, but you really can't own a potential gain. I believe it's really more of a shortcoming of our society that runs off of scarcity, artificial or not, than a shortcoming of file sharers or artists.

      You never own the copy you have

      I don't know how anyone owns it.

      --
      Filthy, filthy copyrapists!
    126. Re:Inflammatory headline by MobileTatsu-NJG · · Score: 1

      Who said otherwise?

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    127. Re:Inflammatory headline by exomondo · · Score: 1

      The concept of copyright is that the copyright owner owns - has the rights to - all of the copies, hence the term.

      Uh, no. That's not even close to how it works.

      Bullshit, you obviously don't know anything about copyright, that's the concept behind it given that is *exactly* how it is enforced.

      It's absolutely NOT like that in any way. In terms of software the original item and the copy are identical, i'm not sure how you consider a couch and a photo of a couch to be identical items.

      The loss to the owner is the same in both cases.

      No, given the concept of copyright.

    128. Re:Inflammatory headline by AK+Marc · · Score: 1

      No, given the concept of copyright.

      Then explain the loss to the copyright holder if I break into a house, take a CD, make an unauthorized copy, then break back into that house and put the CD back. Compare and contrast that to the loss to the sofa maker if I break into that same house and take a photo of a sofa.

    129. Re:Inflammatory headline by exomondo · · Score: 1

      No, given the concept of copyright.

      Then explain the loss to the copyright holder if I break into a house, take a CD, make an unauthorized copy, then break back into that house and put the CD back. Compare and contrast that to the loss to the sofa maker if I break into that same house and take a photo of a sofa.

      The loss of exclusivity of distribution, which has value for copyright owners. Your idea would obviously work if copyright law didn't exist, but it does.

    130. Re:Inflammatory headline by AK+Marc · · Score: 1

      They don't lose the exclusivity of distribution. They are still the only authorized distributors. Additionally, a "loss" that can never be detected doesn't meet the definition of "loss."

    131. Re:Inflammatory headline by exomondo · · Score: 1

      They don't lose the exclusivity of distribution. They are still the only authorized distributors.

      You may need to look up the term 'exclusivity' because being authorized is not necessary. If they aren't in complete control of distribution, authorized or not, then they have lost exclusivity of distribution.

    132. Re:Inflammatory headline by AK+Marc · · Score: 1

      They have the legal right to be the sole legal distributor. They never lose that. Also, if you want to be picky, they don't have "complete control" in the first place. Fair Use and other exceptions let people distribute legally. Perhaps you need to learn what copyright is, since you assert obvious falsehoods like "complete control" and such.

    133. Re:Inflammatory headline by exomondo · · Score: 1

      They have the legal right to be the sole legal distributor. They never lose that.

      No, you're adding in words to support your argument, it's not about being the sole 'legal' distributor. If someone else has distributed it outside of the confines of copyright law then you are no longer the sole distributor, they have taken that away from you.

      Also, if you want to be picky, they don't have "complete control" in the first place. Fair Use and other exceptions let people distribute legally.

      How do they let people 'distribute legally'? Fair use is nothing to do with distributing copyrighted material.

      Perhaps you need to learn what copyright is, since you assert obvious falsehoods like "complete control" and such.

      Really? After you quite clearly stated you think 'fair use' is related to distribution? You think I'm the one who needs a lesson in copyright? No you've made it very clear a number of times that you don't understand the concept of copyright.

    134. Re:Inflammatory headline by AK+Marc · · Score: 1

      If someone else has distributed it outside of the confines of copyright law then you are no longer the sole distributor, they have taken that away from you.

      You have the right to assemble. If someone infringes that right, they didn't "take that right away." You still have the right to assemble. If you have copyright and someone violates it, then you didn't lose anything because you still have 100% of the rights given to you in law. You are arguing that if someone infringes your right to assemble that they "took" your right away forever by infringing your right once. That's just not how it works with "rights." (I put that in parenthesis because copyright isn't a right, but you've asserted multiple times that because "right" appears in the word that it is a right)

      Really? After you quite clearly stated you think 'fair use' is related to distribution? You think I'm the one who needs a lesson in copyright? No you've made it very clear a number of times that you don't understand the concept of copyright.

      Fair Use has been used successfully as a defense for distribution of copyrighted material. Since you apparently don't agree that a teacher selecting copyrighted material, reproducing and distributing it without permission under Fair Use means Fair Use is unrelated to distribution, perhaps you could enlighten me as to what Fair Use is. From reading the law, it's an exception that allows "violations" of copyright without breaking the law, including distribution, such as the aforementioned example where educators often reproduce copyrighted material without permission (and, as tested in court, are legally doing so).

    135. Re:Inflammatory headline by exomondo · · Score: 1

      You have the right to assemble. If someone infringes that right, they didn't "take that right away." You still have the right to assemble.

      If someone infringes on your right to assemble that means you can't assemble, so they have *taken* ability to exercise that right (so the fact that you have that right is irrelevant). How hard is it to understand that? Your own example proves you wrong.

    136. Re:Inflammatory headline by AK+Marc · · Score: 1

      They didn't take that right away. Whether the committed a crime related to that right by blocking your freedom to exercise it is irrelevant. The right was not then and never was lost or taken.

      Additionally, you seemed to forget the part about Fair Use. You asserted that it was unrelated to distribution. Could you explain it to me, because my reading of the law and reading of the court cases regarding Fair Use is the opposite of your statements.

    137. Re:Inflammatory headline by juasko · · Score: 1

      Nope your wrong your using their product that they used time and effort to create.

      They own it, and there is a law about it generally called "copyright".

      Ever considered to quit the trolling.

    138. Re:Inflammatory headline by juasko · · Score: 1

      So it is, but freedom of speech does not include, to willingly offend others.

      Tolerance is about, not offending or be offended. Live and let live, but has nothing to do with free speech. Everyone who disagree with homosexual lifestyle, has the right to say what they think about it. The same applies the other-way around. But free speech does not include going around about it offending the other or gathering a mob against the other.

      When it comes to HBT questions the same is happening on both sides. Both trying to force the others acceptance of their view. This is the same with every controversial topic. Religion, sexual preference and even science.

      Freedom of speech means I can say my point of view, what ever that point of view is, to whom ever I choose to. Still tolerance is about respect. Respecting that the other has a different view, without forcing the other in any other way. Still I'm allowed to discuss the topics and if I want to try to persuade the other to chose a different view.

      But still there is a problem, consider the situation when the other one sees no wrong in killing an other man. And if he wont change his view on that topic. What if we respect that view as his view and way of life, as just a different way of living. As he really may have that view. Would he respect our view that he should be in prison.

      Man has never solved these problems, and never will.

    139. Re:Inflammatory headline by cheekyjohnson · · Score: 1

      Nope your wrong your using their product that they used time and effort to create.

      Which isn't really their fault that they used time and effort to create the product. Not only that, but you literally cannot own a potential gain. You never had the gain in the first place, and just because you think you should have it, that doesn't make it a fact. They literally take nothing from the artist when they merely copy data.

      They own it, and there is a law about it generally called "copyright".

      That was pointless. That's what's being disputed.

      Ever considered to quit the trolling.

      Labeling the opposing view as mere "trolls" doesn't strengthen your argument.

      --
      Filthy, filthy copyrapists!
    140. Re:Inflammatory headline by exomondo · · Score: 1

      They didn't take that right away. Whether the committed a crime related to that right by blocking your freedom to exercise it is irrelevant. The right was not then and never was lost or taken.

      The right is as good as taken away if you don't have the ability to exercise it. If you would rather view it as the 'ability to exercise that right' as the thing being taken away then that's fine, the fact is something *has* been taken. So your insistence that nothing has been taken is a load of shit.

    141. Re:Inflammatory headline by AK+Marc · · Score: 1

      The right is as good as taken away if you don't have the ability to exercise it.

      Taken away? Don't have the ability to exercise it? You make it sound like a teacher legally copying copyrighted material against the wishes of the copyright holder is the same as lynching black people because they are black. Speaking of which, how's that description of Fair Use going, because I still think it's related to distribution and you've not explained to me how it works that Fair Use has nothing to do with distribution.

    142. Re:Inflammatory headline by juasko · · Score: 1

      We didn't talk about owning the potential gain, but owning the copy of their software. But you didn't understand that did you.

      Now go back and read the law, you should.

      As either your a troll or an ignorant fool, and your telling me that your not a troll?

    143. Re:Inflammatory headline by cheekyjohnson · · Score: 1

      We didn't talk about owning the potential gain, but owning the copy of their software.

      Which the 'pirates' didn't take. They copied it, which in no way hurt the author, as far as I see.

      Now go back and read the law, you should.

      We're not talking about whether it is or is not illegal. We're discussing whether or not it should be illegal.

      As either your a troll or an ignorant fool, and your telling me that your not a troll?

      False dilemma. I just disagree with you. You should be careful with believing that you are absolutely factually correct, I think.

      --
      Filthy, filthy copyrapists!
    144. Re:Inflammatory headline by countertrolling · · Score: 1

      You definitely are my favorite troll. Thanks for the laughs, man..

      --
      For justice, we must go to Don Corleone
    145. Re:Inflammatory headline by TheRealGrogan · · Score: 1

      Copyright infringement is a separate concept. Nobody has the right to DEMAND to make a living from some vaporous imaginary property. If you can, that's great, and your product must be worth the money but you're not going to stop people from doing whatever they want. If it's crap, they may download it and discard it but they weren't ever going to pay for it and they never will.

      Doing something other than what you demand, with a bunch of 0's and 1's doesn't necessarily make anyone a thief. It infringes on arbitrary laws that protect the owner/creator, but it is not theft, not even conceptually, if it doesn't take their property away from them. (hint: our money that you didn't get to take, never was your property)

      If folks really want to use a food analogy, it's more like me coming into a restaurant, ordering food, taking a few bites and refusing to pay for it because it's crap. The only difference in that analogy is that it's perfectly legal for me to refuse to pay for improperly prepared food. They don't make me regurgitate the bites I took either... they'll be assimilated. There are no arbitrary laws that protect a restaurant that serves up a shit sandwich in disguise and expects people to pay for the privilege.

    146. Re:Inflammatory headline by exomondo · · Score: 1

      The right is as good as taken away if you don't have the ability to exercise it.

      Taken away? Don't have the ability to exercise it? You make it sound like a teacher legally copying copyrighted material against the wishes of the copyright holder is the same as lynching black people because they are black.

      No i don't make it sound like that at all, you're using that comparison to sensationalise it in an attempt to move away from what it actually is.

      Speaking of which, how's that description of Fair Use going, because I still think it's related to distribution and you've not explained to me how it works that Fair Use has nothing to do with distribution.

      Im avoiding moving away from the argument, but the only part of fair use related at all to distribution is the teacher scenario and that doesn't allow distribution of copyrighted material any more than the way itunes offers track samples.

    147. Re:Inflammatory headline by AK+Marc · · Score: 1

      Im avoiding moving away from the argument, but the only part of fair use related at all to distribution is the teacher scenario and that doesn't allow distribution of copyrighted material any more than the way itunes offers track samples.

      Ah. So you are asserting that I'm ignorant of Fair Use, when it's the opposite. iTunes doesn't offer track samples without explicit permission from the copyright holders. Teachers are taking copyrighted material. Making an unauthorized copy. Then distributing those unauthorized copies. And it's being done legally. That's fundamentally different than Apple making an authorized copy in transmitting a track sample. So I'll take it as a unconditional concession of defeat that you can't support any of your incorrect assertions regarding Fair Use.

    148. Re:Inflammatory headline by exomondo · · Score: 1

      Ah. So you are asserting that I'm ignorant of Fair Use, when it's the opposite. iTunes doesn't offer track samples without explicit permission from the copyright holders.

      Read what i said, not what you misinterpret it as. I didn't say that at all.

      Teachers are taking copyrighted material. Making an unauthorized copy. Then distributing those unauthorized copies. And it's being done legally.

      No, it is not fair use to distribute a copyrighted material. Only a *part* of that material, hence why that's irrelevant to this discussion given we are talking about the copyrighted work, not an excerpt. The fact is the ability to exercise the right to exclusive distribution has been taken away, it has been stolen.

      That's fundamentally different than Apple making an authorized copy in transmitting a track sample. So I'll take it as a unconditional concession of defeat that you can't support any of your incorrect assertions regarding Fair Use.

      Take it as you like, but your failure at reading comprehension doesn't make it correct. I never said itunes track samples were fair use, i said the teacher's exploitation of fair use is no more than track samples, it is not a distribution of the copyrighted work.

    149. Re:Inflammatory headline by AK+Marc · · Score: 1

      No, it is not fair use to distribute a copyrighted material. Only a *part* of that material, hence why that's irrelevant to this discussion given we are talking about the copyrighted work, not an excerpt.

      Your assertion is false. You premise is false. And all your conclusions are false. Since you wanted to teach me all about Fair Use, I would have figured you'd have at least heard about it, but apparently you haven't heard anything about it other than it's an evil communist exception to copyright that should be ignored and marginalized. Go read up and get back to us.

      I never said itunes track samples were fair use, i said the teacher's exploitation of fair use is no more than track samples,

      So teacher's exploitation (such a lovely emotionally charged word, I wonder why you picked that, could it be because you are biased to the point of being blind) requires Fair Use, but Apple doesn't. Then it's the worst analogy ever. Aside from the fact that they share nothing in common, they are otherwise exactly the same.

    150. Re:Inflammatory headline by exomondo · · Score: 1

      Your assertion is false.

      No it isn't. The assertion that copyrighted material cannot be distributed through 'fair use' is absolutely correct, only excerpts can be, which is why it is irrelevant to this discussion.

      And all your conclusions are false.

      Don't confuse your inability to understand copyright law with the truth. The simple fact that you continue to ignore because you've been proven wrong is that when unauthorized copies of copyrighted material are made something is indeed taken away.

      Since you wanted to teach me all about Fair Use

      Where did i imply i wanted to do that? Don't make up rubbish just because you've been proven wrong.

      I would have figured you'd have at least heard about it, but apparently you haven't heard anything about it other than it's an evil communist exception to copyright that should be ignored and marginalized. Go read up and get back to us.

      'evil' is a point of view and im not sure what communism has to do with it but i've maintained an objective stance throughout this discussion. I don't agree with copyright law at all, but it is what it is. Indeed fair use should be ignored in the context of this discussion because it exists within copyright law, this discussion is about actions that conflict with copyright law.

      So teacher's exploitation (such a lovely emotionally charged word, I wonder why you picked that, could it be because you are biased to the point of being blind) requires Fair Use, but Apple doesn't. Then it's the worst analogy ever. Aside from the fact that they share nothing in common, they are otherwise exactly the same.

      No, i was using the word 'exploit' by it's common meaning 'The act of using something for any purpose'. Now, after being proven wrong you're attempting to construe my argument as a subjective one, which it clearly is not. I'm not biased at all, i think copyright law as it is is a terrible system but im not going to let my opinion of it get in the way of the facts.

      You've taken this discussion off topic in a pathetic attempt to avoid the issue, the simple fact is that you are wrong, unauthorized copying of copyrighted material does take something away. But you don't want to admit that for some reason.

    151. Re:Inflammatory headline by AK+Marc · · Score: 1

      The assertion that copyrighted material cannot be distributed through 'fair use' is absolutely correct, only excerpts can be, which is why it is irrelevant to this discussion.

      No, there have been Fair Use cases where the work in its entirety was distributed against the will of the copyright holder and that has been found to be Fair Use. Again, your ignorance of the law isn't a very strong point to be arguing from, especially since you've proven yourself wrong repeatedly.

    152. Re:Inflammatory headline by exomondo · · Score: 1

      No, there have been Fair Use cases where the work in its entirety was distributed against the will of the copyright holder and that has been found to be Fair Use.

      Fair use - as defined by copyright law - never mentions anything about distribution and the teacher scenario that you reference is explicitly limited to short excerpts. But of course you've taken the discussion completely off-topic in a pathetic attempt to avoid the fact that you've been wrong about your idea that 'nothing is taken' when unauthorized copies of a copyright work are made. Fair use is not unauthorized copying so is irrelevant in this discussion, but of course you remain ignorant of that fact and your next post will be something again related to fair use to avoid the fact that you're completely wrong about the idea that 'nothing is taken'.

    153. Re:Inflammatory headline by AK+Marc · · Score: 1

      You are wrong. Since you have been informed of the truth and reject the truth, then there's nothing else to be said. Feel free to teach me how Fair Use is unrelated to distribution if you like. I assume it was an ignorant lie put forth because of your stupidity in knowing what Fair Use is and how it's been applied to distribution, or you are just a liar who spreads lies to further your personal opinion about copyright.

      And a copyright owner "loses" nothing more than a sofa owner loses when a work is copied in violation of copyright or a photo of the sofa is made.

    154. Re:Inflammatory headline by exomondo · · Score: 1

      You are wrong. Since you have been informed of the truth and reject the truth

      No, i actually know something about copyright law, unlike you and i'm staying within the context of the discussion, unlike you. And, as I said, you'll continue on this 'fair use' off-topic discussion because you can't bear to admit you're wrong regarding the fact that something has been 'taken' wrt unauthorised copying.

      then there's nothing else to be said.

      Oh bullshit, you know you're lying, you'll continue to reply.

      Feel free to teach me how Fair Use is unrelated to distribution if you like.

      Are you blind? I quite clearly corrected you after you made this assertion before, i'm not trying to teach you about fair use. Read this again a few more times just so you don't post the same thing yet again.

      And a copyright owner "loses" nothing more than a sofa owner loses when a work is copied in violation of copyright or a photo of the sofa is made.

      Really? You are really that stupid? They lose the ability to exercise the right of sole distribution, this is a fact. If nothing was lost then no damages would be awarded, clearly a multitude of court cases prove you wrong.

    155. Re:Inflammatory headline by AK+Marc · · Score: 1

      No, i actually know something about copyright law,

      I've proven you wrong on every point. That you are so hard headed that you refuse to read doesn't change the fact I've proven you wrong. You obviously don't know about copyright law. You just know what you'd like to have copyright say.

    156. Re:Inflammatory headline by exomondo · · Score: 1

      Really? You are really that stupid? They lose the ability to exercise the right of sole distribution, this is a fact. If nothing was lost then no damages would be awarded, clearly a multitude of court cases prove you wrong.

    157. Re:Inflammatory headline by AK+Marc · · Score: 1

      Damages aren't actual. They are statutory. Why? Because there is no actual damage. That's why they put in statutory damages. It's impossible to determine actual damages when there aren't any. Do you not understand the basics of copyright?

    158. Re:Inflammatory headline by juasko · · Score: 1

      well you seem to try to make the point I made. I'm not against free speech quit the opposite, but I'm way past that in my discussion.

      I'm discussing that human acts according to their views. And the problem with other human views deciding what is wrong or right.

      Tell me who are you to tell me I'm wrong in killing you. Or whom am I telling the others wrong in putting me in prison for that act. And who are those who tells other humans it's right to kill other humans because they belong to something else, Nation/Religion/View of life, Wars = legalized murdering or man slaughter.

      Who are they or you/me to tell that something is a crime. What are the differences in criminalizing one act from the other. And who's human view is the correct one to follow.

      You don't see my problem here do you. If you have free speech (a good thing) and tolerance ( a good thing), in the end there is no difference is criminalizing murder or homosexuality. They are different topics yes. But the same patterns forgo in both cases. So who is to criminalize one act and not the other. Who's view are we to follow? Who's view are we to make our law?

      I'm not against law and order, I'm not pro anarchist, but these questions remain. Who are to tell you or me that we are wrong in what we do. If I tell you, your wrong in something you view as right, who am I to tell you your wrong? Why would my view be superior to your view?

      Most people think this is obvious and simple as in the case of a murderer, because the case is kind of obvious. But in fact there is nothing obvious about it, as long as it's base on an mans view against an other mans view. There is nothing obvious about it.

    159. Re:Inflammatory headline by juasko · · Score: 1

      Well yes and by copying it without having the copyright to do that they violated the copyright.
      -I try not to insult you, but how narrow is your mind, as you seem unable to grasp the simplest concepts?

      On the question if it should be illegal or not, it's obvious isn't it, it's made illegal so then it is illegal. Discuss in a court if you think otherwise.

      Disagreeing, is no point, it's trolling in it's best as it's unlawful and there is the copyright law, if you disagree, take the discussion to the court not here. And while it's unlawful, respect the law and act accordingly.

    160. Re:Inflammatory headline by virg_mattes · · Score: 1

      Which isn't really their fault that they used time and effort to create the product. Not only that, but you literally cannot own a potential gain. You never had the gain in the first place, and just because you think you should have it, that doesn't make it a fact. They literally take nothing from the artist when they merely copy data.

      What they're taking is something that you seem not to value at all but society at large disagrees. It's easy to say that you've taken nothing from a developer by copying the game, but what you're taking away is the ability to make a living developing software. To give a real world example of the effect of this, imagine that it was illegal to charge for plumbing work. If you want to charge your cost for the parts, you can, but you're not allowed to charge for labor or for profit. What would happen is that suddenly nobody would be able to find a plumber to fix anything. The same concept applies to creative works. If there's no mechanism to create a market for creative works, then the number of people who do it will fall off because they'll have to spend their time doing other jobs, and these day jobs will eat up a lot of time that they would otherwise expend creating. Therefore, society sees fit to create the concept of copyright to allow creators a chance to profit from exclusive distribution, driving more people to spend their valuable time creating.

      By the way, your statement that noone can "own" potential gain is nonsensical. By that logic, nobody can own anything since it's only the force of law that drives ownership to begin with. Copyright laws do indeed allow someone to own potential gain on a creative work; that's what they're designed to do, in fact. You can argue whether that's how it should be, but as of right now that's how it is.

      Virg

    161. Re:Inflammatory headline by cheekyjohnson · · Score: 1

      Well yes and by copying it without having the copyright to do that they violated the copyright.

      When did I say otherwise? I know it's illegal. I know there are copyright laws. That is what is in dispute. Whether or not they should exist (though I think society should go through more changes if they were to be removed so that none suffer).

      if you disagree, take the discussion to the court not here.

      Not that that would do much, anyway. I will, however, continue to give my opinions in my comments.

      --
      Filthy, filthy copyrapists!
    162. Re:Inflammatory headline by cheekyjohnson · · Score: 1

      What they're taking is something that you seem not to value at all but society at large disagrees.

      I can see that.

      To give a real world example of the effect of this, imagine that it was illegal to charge for plumbing work.

      No. Don't compare copying data to jobs which require that someone uses their time, effort, or resources to complete them. Copying data doesn't require any of that from the original author. In your example, something was removed from the person who did the job: time and effort.

      Note that I don't advocate simply removing copyright laws. I advocate altering society in a large way (for many other reasons that just copyright). Why? Because I believe that our capitalistic society, which runs on scarcity (and forces artificial scarcity of the good is not scarce) is what is harming authors, 'pirates', and normal people, not the 'pirates'. I believe it's the fault of the society that requires artificial currency in order for an author to continue making works (and, in the case of copying data, they are almost forced to implement artificial scarcity in an attempt to gain more currency).

      By the way, your statement that noone can "own" potential gain is nonsensical. By that logic, nobody can own anything since it's only the force of law that drives ownership to begin with.

      What I meant was, it is likely impossible to actually own potential gain because you can't see it, touch it, use it, you never had it to begin with (the actual gain, I mean), and anyone can claim that you harmed them by not giving them everything you have (which would be a 'loss' of potential gain).

      --
      Filthy, filthy copyrapists!
    163. Re:Inflammatory headline by juasko · · Score: 1

      Well,

      Still everyone agrees on that nobody should be allowed to use a program that someone created without permissions of the creator. What ever law there is to make us heed that is sufficient.

      The copyright law was made because definition on theft or stealing did not fully work. But we could have changed the definition of theft and stealing instead. Would that make you more happy?

    164. Re:Inflammatory headline by cheekyjohnson · · Score: 1

      Still everyone agrees on that nobody should be allowed to use a program that someone created without permissions of the creator.

      I don't (when the sufficient conditions arise). Many other people don't.

      Would that make you more happy?

      No. Then we're still utilizing artificial scarcity and forcing authors to combat people who seemingly don't even harm them.

      --
      Filthy, filthy copyrapists!
    165. Re:Inflammatory headline by juasko · · Score: 1

      well, you seem to start to understand my point of view.

      Not that I agree that everything is OK, or correct. I'm just trying to point out the problematics with human vs other human. True there is a difference between a point of view and acting upon that point of view. But that is not the question, as each act are not independent from a reasoning from the actors part. The point of view may or may not lead to an action.

      Still the problem is there. I'm just using extreme cases to highlight the problematics. As the same problems are there with less extreme topics, but might not be noticed.

      So while I agree with your last point, there is still the problem that others may not agree with it. Looking at tribes that been quite isolated from the globalized world they have their own set rules. And manslaughter may be "legal" in those societies.

      The problem is who is the man to tell the other man what is right or wrong?

    166. Re:Inflammatory headline by juasko · · Score: 1

      you said it your self, seemingly don't harm them, but in reality they are harmed, because they are not paid what they ought to be paid.

    167. Re:Inflammatory headline by cheekyjohnson · · Score: 1

      I said "seemingly" because, unlike you seem to be doing, I don't like to pretend that I am absolutely correct. I still admit that I may be wrong, even if I don't believe that I am.

      but in reality they are harmed, because they are not paid what they ought to be paid.

      You just repeated what you said a few comments ago. "Ought to be paid"? That is what is being debated. As I said, the file sharer hasn't used any of the author's time, money, or resources to make a copy. Development costs and time were incurred by the author(s) themselves. You can't "own" potential gain as far as I see. You can't touch it, use it (the gain, because you never even had it), predict if you would have had it, see it, and anyone could claim that you owe them money simply because you didn't give them all of your money (which would be a loss of potential gain).

      --
      Filthy, filthy copyrapists!
    168. Re:Inflammatory headline by juasko · · Score: 1

      He made a product, you pay for using the product. That is simple. Just as any hardware you buy is a copy of a prototype.

      So it's simple.

    169. Re:Inflammatory headline by cheekyjohnson · · Score: 1

      Instead of restating copyright law, why not actually respond to my arguments?

      --
      Filthy, filthy copyrapists!
    170. Re:Inflammatory headline by juasko · · Score: 1

      What arguments? seriously....

    171. Re:Inflammatory headline by juasko · · Score: 1

      yes, but voted out, how is that fair or equal to the other. It isn't. And that is the problem i'm laying out.

      It's an paradox in it self.

  5. So? by Opportunist · · Score: 1, Flamebait

    You act like anyone on this planet (affected parties aside) cared whether you copy software.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  6. Efficacy may be limited by JackSpratts · · Score: 4, Insightful

    There are those circles (like mine) where such messages lead to high compliments.

    1. Re:Efficacy may be limited by WitnessForTheOffense · · Score: 5, Funny

      Miss Scarlet: "I hardly think it will enhance your reputation at the U.N. Professor Plum, if it's revealed that you have been implicated not only in adultery with one of your patients, but in her death and the deaths of five other people."

      Professor Plum: "You don't know what kind of people they have at the U.N., I might go up in their estimation."

    2. Re:Efficacy may be limited by SuperDry · · Score: 1

      Honor among thieves?

    3. Re:Efficacy may be limited by Anonymous Coward · · Score: 1

      Honor among stupid thieves, if a message that you just got tricked into installing a fake pirated copy of an app gets you high compliments.

    4. Re:Efficacy may be limited by gmhowell · · Score: 1

      Communism was always a red herring.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  7. Incredible! by Anonymous Coward · · Score: 4, Insightful

    The app uses the camera on the back of a smartphone to show a user a visual of his upcoming surroundings

    Wow! You know what else does that? Eyes.

    Anyone who pays $2.10 for this should be shamed, not the pirates.

    1. Re:Incredible! by Anonymous Coward · · Score: 1

      Unless your phone is a few inches from your face, you have a serious problem if you cannot see around a small device in normal holding length.

    2. Re:Incredible! by JAlexoi · · Score: 1

      Ever heard of such a thing called focus? It's really wonderful, they say....

    3. Re:Incredible! by Brucelet · · Score: 1

      I agree. Is this seriously an app that looks where you're going for you?

    4. Re:Incredible! by Surt · · Score: 1

      You can't look where you're going AND use your smartphone at the same time. That is, not without this app.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  8. really? by Anonymous Coward · · Score: 1

    Why would anyone pay $2.10 for what is essentially a useless app? of course i's going to be pirated, its price point is obscene for the intended use.

    1. Re:really? by Anonymous Coward · · Score: 1

      Yes, tell the judge that shoplifting is justifiable given the retailer's prices

    2. Re:really? by LordLucless · · Score: 1

      He didn't say it was justified, just inevitable. You price something artificially higher than the market bears, you create a black market. Happens with physical goods as well as virtual.

      Although I'd disagree with him on price point; $2.10 is pretty much throw-away territory, even if the app in question is useless.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    3. Re:really? by im_thatoneguy · · Score: 1

      If it's useless... then why pirate it?

    4. Re:really? by PCPackrat · · Score: 1

      But it wasn't pirated. The authors put a fake one on the pirate site. So its still useless.

    5. Re:really? by indiechild · · Score: 1

      If it's "useless" then why would you pirate it?

      Wasn't so useless after all, eh?

  9. The Trojan should have disabled the functionality by PolygamousRanchKid+ · · Score: 5, Funny

    The app uses the camera on the back of a smartphone to show a user a visual of his upcoming surroundings, which will supposedly prevent the user from running into the street or across a set of train tracks.

    Constantly show a safe environment. The truck or train would take care of the rest. That would certainly teach them to rely on an app instead of staying vigilant themselves.

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  10. Costs of texting by Felix+Da+Rat · · Score: 2

    If you figure that a lot of carriers charge around $0.10 / text, if someone has more than 21 friends in their phone, it'll cost more in messages charges than buying the app. Some vendors charge even more per text (which is a separate rant), so this could add up FAST.

    I don't have a problem with that - heck I hope the author could find a way to get paid by those messages. But I could see some litigious asshat with 700 'friends' in their phone getting pissed when they get a huge bill.

    If I was the author, I'd cap it at 21 friends - has all the effects of the shaming, but closely reflects the authors own stated value of the app.

    1. Re:Costs of texting by tgd · · Score: 3, Insightful

      In the US, the receivers of the message are also going to pay ten cents. So the author is punishing them, as well.

      I hope someone decides to sue the author of the app for it, too. If I break into your house and steal something, you can't break into the houses of all my friends. The law doesn't work that way.

    2. Re:Costs of texting by Delarth799 · · Score: 1

      Except most smart phone users get the unlimited text/data/etc plans when they get the phone. So they wouldn't really pay any extra for texts sent.

    3. Re:Costs of texting by RyuuzakiTetsuya · · Score: 1

      if you break into my house and steal my bomb labeled, "Ham dinner" I'm not liable for any damages you incur because my bomb went off in your house.

      --
      Non impediti ratione cogitationus.
    4. Re:Costs of texting by Americium · · Score: 1

      If you don't have unlimited text, I really doubt you need the 'text and walk' app.
      But I agree, although funny, this can't be legal.

      He could have just had the phone text a short number he setup and he could have got paid, but then he would definitely get sued.

    5. Re:Costs of texting by brainzach · · Score: 1

      Even in the worst case that someone has 700 friends, they pay is $70, which is significant, but its not worth going to court over. Maybe if it was a legitimate app it would be different, but even then you have to agree to the permissions to send out the text messages when installing the app.

      There are many legitimate companies that get away from far worst. You are hearing about parents getting $99 charges because they added expensive in app purchases on a kids game.

      I actually think the shaming could be far worst than the SMS charges. If your boss gets a text message and you lose a job or promotion over it, it would have far greater economic consequences.

    6. Re:Costs of texting by Anonymous Coward · · Score: 1

      I wonder, dont people have to sign the permissions of the app? Wouldnt that mean they allowed the app to send the SMS's on its own?

    7. Re:Costs of texting by jonbryce · · Score: 2

      That usually doesn't apply to texts sent to international numbers.

    8. Re:Costs of texting by omglolbah · · Score: 1

      I was thinking the same thing.

      There is no reason for such an app to send text messages, so why would I install the app with that permission?
      Recently one of my android games (nuked it weeks ago, dont remember the name.. was some tower defense thing) asked for permission to "call numbers" when I updated it.... hahaha, fuck no. You are a game, you dont need that. *bye bye app!*

    9. Re:Costs of texting by gpmanrpi · · Score: 2

      Actually yes you are. Bomb making is an "ultra-hazardous" activity. In most jurisdictions you would have strict liability for all damages. IAaL and you can bank on that legal opinion for that hypothetical case. The fact that it was labeled Ham dinner probably makes it even worse for you, in that there would be less of an argument for contributory negligence from said thief to reduce your damages. This is why people that do dangerous things have expensive insurance and charge a lot to do said things.

    10. Re:Costs of texting by makomk · · Score: 1

      The app is designed to send text messages as its main feature. That's a pretty good reason why it should be able to send text messages.

    11. Re:Costs of texting by omglolbah · · Score: 1

      Ah, I had a brainfart and read it as a augmented reality type thing for mapping or somesuch... One day I'll learn to not post before actually waking up from my nap *innos*

    12. Re:Costs of texting by tgd · · Score: 1

      That's actually quite incorrect.

    13. Re:Costs of texting by BancBoy · · Score: 1

      My €25/month plan has unlimited SMS, in addition to semi-unlimited 3G.

      Don't tell me, you work in marketing, right?

      --
      [UID-HeinzIntel]
    14. Re:Costs of texting by Aighearach · · Score: 1

      In that scenario, you could be guilty, perhaps even of murder. You would have to convince the jury that you had a reason to label it as a ham dinner that didn't involve tricking somebody into thinking it wasn't a bomb.

      If it only maimed him, you'd still be guilty of assault with a deadly weapon. In some states that's worse than burglary.

    15. Re:Costs of texting by alex67500 · · Score: 1

      In the US, the receivers of the message are also going to pay ten cents. So the author is punishing them, as well.

      Someone is seriously doing you people across the pond... Honestly? 10 cts to receive a text? This side of the world, texts are free to receive, even abroad. And most of the plans include unlimited national texts (sending, that is...)

    16. Re:Costs of texting by alex67500 · · Score: 1

      oops, just double-posted the same kind of comment... =)

      But actually, this is understandable. Isn't that place the home of Verizon? HAHAHAHA

    17. Re:Costs of texting by Surt · · Score: 1

      You deserve it for being friends with a pirate. Next time maybe you'll think about who you give your phone number to.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    18. Re:Costs of texting by kamapuaa · · Score: 1

      No, text messages are free to receive for me and for everybody I know. I remember it used to cost money to receive texts, but I haven't heard of that for like 7 or 8 years. Since there are millions of different kinds of contracts out there I wouldn't be surprised if some really low-end ones do cost money to receive texts, but it 's certainly not common.

      --
      Slashdot: providing anti-social weirdos a soapbox, since 1997.
  11. And this is actually quite innocent by trifish · · Score: 3, Insightful

    People need to realize that pirated software really is a major malware distribution channel today, and has been for several years.

    Tell your nephew that 90% of the cracks or keygens she downloads will also install a Trojan sending her passwords and credit card numbers back to the botnet masters.

    And this is not a "genuine advantage" marketing fluff -- it is hard reality.

    1. Re:And this is actually quite innocent by Anonymous Coward · · Score: 4, Insightful

      Now, is that really true? No, that's exactly what the software distributors want you to think. All the statistics created about the effects of piracy are fabricated.

    2. Re:And this is actually quite innocent by DeadlyMind · · Score: 4, Interesting

      90% of the cracks or keygens she downloads will also install a Trojan

      I'd LOVE to see the source that supports this ridiculous claim.

    3. Re:And this is actually quite innocent by LordLimecat · · Score: 2

      Search for "* keygen", and click on the first google site. Download the EXE it offers you (OFFICE2010CRACKS.KEYGEN.EXE). Im sure its safe, go ahead, run it.

      No, its not "just what they want you to think", people looking for keygens are going to shady sites, and stop and ask yourself-- why WOULDNT a shady site admin have reason to give you bogus software? I mean, its not like they have any chance of making money off of you...

      Im sure the pro pirates on here will protest that if you know where to look, and exercise some common sense, you can spot the obviously scammy sites, but the VAST VAST majority of stuff on Limewire, Gnutella, torrent sites, and crack sites is virus laden. I hesitate to even download Windows ISOs (for which I have a valid license) from TPB, because I really cant know if the reason that ISO MD5 sum is "off" is because of a slipstreamed update, or because the uploader rerolled the ISO with a built in rootkit and disabled SFC protections.

    4. Re:And this is actually quite innocent by Eric(b0mb)Dennis · · Score: 2

      ive seen it, but yeah.. if you're smart it never happens...

      this bozo is probably talking about going to google, typing "XXX crack" and clicking the worse links possible... but those of us who saunter on over to gamecopyworld and the likes, really don't have to worry.

      --
      Excuse me, I don't mean to impose, but I am the ocean
    5. Re:And this is actually quite innocent by Fred+Ferrigno · · Score: 2

      I see where the confusion comes from. You're including trojans that merely claim to be pirated software as pirated software, as well as sites that claim to provide such software.

      That's one way of looking at the situation, and it's not wrong per se, but it is a little counter intuitive for some. It also has the effect that you'd have to consider anti-virus software to be a major malware distribution channel as well, since a lot of malware masquerades as such.

    6. Re:And this is actually quite innocent by canajin56 · · Score: 1

      Most antivirus programs flag all keygens as trojans. The fact that they don't do anything doesn't matter at all. See previous Slashdot article where AV detection = proof of keylogger ;)

      --
      ASCII stupid question, get a stupid ANSI
    7. Re:And this is actually quite innocent by internettoughguy · · Score: 1

      Most antivirus programs flag all keygens as trojans. The fact that they don't do anything doesn't matter at all. See previous Slashdot article where AV detection = proof of keylogger ;)

      Still, it's best to run keygens in a VM if you can.

    8. Re:And this is actually quite innocent by drolli · · Score: 1

      Yes it is.

    9. Re:And this is actually quite innocent by markass530 · · Score: 1

      I've gotten caught a time or two (both times I was an idiot) but a little due diligence prevents infection. And I pirate like a kid in a candy shop. Anyone dumb enough to run any .exe they download from random google link isn't long for this world

    10. Re:And this is actually quite innocent by shutdown+-p+now · · Score: 1

      I don't know if it's true on PC, but it definitely seems to be a very popular attack vector on Android - repackaging some other (though normally free, not paid) software with a trojan.

    11. Re:And this is actually quite innocent by LordLimecat · · Score: 1

      Well, the trouble is that you have to be fairly tech savvy to determine if that pirated Office 2010 has rooted your PC; and if youre fairly tech savvy, you usually arent foolish enough to run such copies (because you want to keep your job).

    12. Re:And this is actually quite innocent by LordLimecat · · Score: 1

      OEM copies have different checksums than retail, VLK, and academic. And SP0 vs SP1 vs pre-SP2 slipstreams all have different checksums.

      Additionally, MD5 sums are vulnerable to tampering-- it is apparently possible to manipulate the ISO to achieve a desired checksum. So if youre relying on that to protect you, I have some bad news for you...

    13. Re:And this is actually quite innocent by mjwx · · Score: 1

      90% of the cracks or keygens she downloads will also install a Trojan

      I'd LOVE to see the source that supports this ridiculous claim.

      90% I highly doubt, but it would be higher then normal. I'd say 30-40%. I'm sourcing that number from the same orifice as the GP mind you.

      When selecting "DRM removal methods" you should always check your source. Some are good, others like random torrents of cracks are more then often bad. It would be very easy to cherrypick bad sources of cracks to provide such statistics.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    14. Re:And this is actually quite innocent by zwei2stein · · Score: 1

      In general, "pirated software" is rarely available because someone has kind heart and thinks world is better off with everyone having copy of photoshop ... site ops make living out of advertizing (and from confusing people - TPB is cute example as it tries to confuse people to downloading toolbar ...), and it gets darker than ads...

      Just think of reason why someone will want to do it ... bored geek, ego boost for being "the man", or money?

      When i see 20 000 leech torrents, do i see 20 000 possily gratefull people or 20 000 possible nodes in botnet i can sell to highest bidder?

      --
      -- Technology for the sake of technology is as pathetic as eschewing technology because it's technology.
    15. Re:And this is actually quite innocent by Tim+C · · Score: 1

      I've had Sophos at work flag entirely innocent programs as possible trojans.

    16. Re:And this is actually quite innocent by LordLimecat · · Score: 1

      2 lines changed in a single file will affect the entire ISO image, and its not a sure thing that recreating the ISO yourself will result in an identical image with an identical checksum.

      The website that you linked me to asked for a login. Thats not terribly helpful.

      And again, I dont imagine they have checksums for the OEM editions, which are sometimes shipped with drivers slipstreamed.

    17. Re:And this is actually quite innocent by thoromyr · · Score: 1

      I'm not about to give you statistics because I don't have them. I do have anecdotal, I can tell you that every keygen I've ever seen was a trojan. While any given one may in fact have generated legit keys (hard for me to tell, I wasn't using trying to use the keys), they certainly did act as a first step downloader for infecting the system. My interest in all of this? Finding the source of infections. One of the most infected systems I've seen (competing remote controllers) had no legit software other than what came with it. Lots and lots of pirated software.

      "That's exactly what the software distributors want you to think" -- very true

      "All the statistics created about the effects of piracy are fabricated" -- possibly true, but sweeping statements such as this ("all the statistics...") are generally not true due to needing only a single exception to falsify

      Did it ever occur to you that just because the "software distributors" have a vested interest they might not be wrong about everything? Did it ever occur to you that it is easier to infect the back channels used by piracy rather than the official distribution channels? (Not that they are sacred or pure, there have been cases where the CD masters were created with a virus.)

      In the ~30 years I've been using computers the strong connection between software piracy and viruses has remained fairly constant. Anecdotal? Yes. But, call me crazy, I'm not going to run a keygen outside of a virtual environment (and preferably someone *else's* virtual environment -- I like http://anubis.iseclab.org/).

  12. Read the comments? by margeman2k3 · · Score: 5, Interesting

    Not sure how many people read through the comments on the avast! page, but something definitely smells there.
    The CEO of the company that made this app sounds like a weird blend of troll and one of those king-of-nigeria scams.
    * He keeps ranting about how he's going to sue avast
    * He keeps shouting about how it's all a lie created by avast in order to slander his company
    * He repeatedly claims that his calls to avast were blocked, even though the CEO admitted that one of his colleagues spoke to the dev.
    * The only contact information for that company is found here, which you can only get to through the avast article.
    * avast lists a few other red flags from this company: "checked the registration of www.incorporateapps.com and see some red-flags: semi-anonymous, no email contact, possibly eastern-european but registered in Germany, and registered through Tucows"

    But yeah, something here just doesn't feel right.

    1. Re:Read the comments? by margeman2k3 · · Score: 1

      Since I don't have an android, I can't confirm/deny that.
      It's certainly not accessible to the general public.
      And if it's not readily accessible, it may as well not exist.

      The thing about them being "dragged" into this though, and I don't think anyone quite figured this part out yet, is that whenever someone uses the app, it sends the user's personal info (which apparently includes your name, number, and your phone's unique id number) to IncorporateApps. According to avast, there was *something* on the other end receiving the data. Why would a pirated copy send your data to someone else? If it's supposed to be a trojan, wouldn't it send your data to the person who wrote it?
      What I'm curious to know is if the original version of the app does this too.

  13. Kind of a ridiculous argument by Radiophobic · · Score: 1

    Its not the same as calling it theft or stealing. Both those imply that there is a loss of original item. This does not; it implies that the person in question is trying to get something that has value without paying for it. You go out to dinner with friends, one of those friends seems to forget their wallet constantly, they are a freeloader, not a thief or pirate.

  14. Re:The Trojan should have disabled the functionali by slimjim8094 · · Score: 2

    That might actually be illegal, for the same reason it's illegal to set beartraps in front of your door even if somebody does break in. Somebody breaking the law does not allow you to break the law in return.

    In any case, this is a much smarter business proposition. I think this is hilarious and IMHO the punishment fits the crime - you were too cheap to pay $2.10 for a piece of software you're using, so I'll make you look like a dick. But the developers would come off like assholes if somebody did get killed, somewhat defeating the purpose.

    I'm all for this sort of DRM - like the Batman game that put a jump most of the way through that a pirating user couldn't perform.

    --
    I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
  15. Uh oh by aaaaaaargh! · · Score: 4, Insightful

    Sending unsolicited, paid SMS to the whole contact list of a person with a specially crafted trojan seems to be a more serious offence than the one-time copyright infringement of not paying for a $ 2.10 app, which actually not even qualifies as petty theft (because infringement is not theft).

    Basically, the developer has created a malware/trojan version of this app and for this he might (and, in my opinion, also should) get into serious legal trouble. In other words, what a jerk...especially, if you take into account what kind of a stupid application he sells.

    1. Re:Uh oh by schwnj · · Score: 3, Insightful

      This is what I was thinking. Although I'm sympathize with the developer, this is the wrong way to go about dealing with privacy. Aside from the text costs associated with the "pirate" sending all of those text messages, it is likely the case that many of the recipients of those messages will also have to pay for receiving them. If the app permissions don't specify automatically sending text messages, then this developer could get into hot water.

    2. Re:Uh oh by nurb432 · · Score: 1

      He may also feel the wrath of the hardcore pirates, aside from being sued into non existence.

      --
      ---- Booth was a patriot ----
    3. Re:Uh oh by jonbryce · · Score: 1

      The problem is firstly that the app probably wasn't advertised as being a "pirated" copy, and secondly, if it was placed there by the copyright owner, the legal fact of the matter is that it is not "pirated".

    4. Re:Uh oh by kikito · · Score: 2

      When you install an app that is able to send SMSs, you have to click on a dialog that says "you allow this app to send SMSs". It does the same with a variety of stuff, from internet access to GPS use. So I wouldn't call it exactly "unsolicited".

    5. Re:Uh oh by JockTroll · · Score: 1

      Wrath? What is this "wrath" you're talking about? Pirates don't scare anyone. Until someone gets killed, or an office gets firebombed, this "wrath" you're talking about will only elicit an amused chuckle.

      --
      Geeks are so full of shit that "beating the crap out of them" takes a whole new meaning.
    6. Re:Uh oh by nurb432 · · Score: 1

      Death is appropriate. With luck someone will step up and solve the problem, and send a message.

      --
      ---- Booth was a patriot ----
    7. Re:Uh oh by internettoughguy · · Score: 1

      The developer of the original application (incorporate apps) has disavowed knowledge or involvement in the malware. So yes the response is worse thank the crime but it was not the original developer who chose the response. At least until someone proves otherwise it is not fair to blame the original app developer for the malware.

      Who else would do it? The only other likely candidates would be someone wanting to discredit the developer, or someone who's trolling.

    8. Re:Uh oh by russotto · · Score: 1

      Wrath? What is this "wrath" you're talking about? Pirates don't scare anyone. Until someone gets killed, or an office gets firebombed, this "wrath" you're talking about will only elicit an amused chuckle.

      I'm thinking more old school. As in, these guys might want to stay off the high seas for a while.

    9. Re:Uh oh by Lunzo · · Score: 1

      That's only a USA thing where you pay to receive messages. I haven't heard of that anywhere else.

  16. Re:The Trojan should have disabled the functionali by EvilIdler · · Score: 1

    Your idea is callous, evil, despicable, anti-social and probably shows you have some mental issues.

    I like it!

  17. "prevent the user from running into the street" by WonderingAround · · Score: 1

    I don't know if it's dumber to successfully pay good money to be able to walk around guided only by what you can see on a 3 inch screen behind your texts or if you were fooled by the "freeloader" app? Who or what is a freeloader anyways? I guess you can't say "Pirated Android App Shames Pirates" or "Freeloading Android App Shames Freeloaders". Maybe "freeloader's" and pirate's don't want to be associated with one another.

    --
    It's like the mind going AWOL, it's there somewhere
  18. Your NEPHEW? by jamrock · · Score: 3, Funny

    Tell your nephew that 90% of the cracks or keygens she downloads

    Damn. Your family life must be.....interesting.

    1. Re:Your NEPHEW? by Tooke · · Score: 1

      Crap, you beat me to it

      --
      Anybody want a peanut?
    2. Re:Your NEPHEW? by gmhowell · · Score: 1

      It's OK, his niece has a dick for an uncle... it happens sometimes.

      FTFY.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  19. Re:The Trojan should have disabled the functionali by Xtravar · · Score: 1

    I hate to be a debbie downer, but that would have very, very serious legal implications. In fact, if the app doesn't work properly even if you paid for it, it'd still have very serious legal implications. I hope the developer(s) have a good lawyer.

    --
    Buckle your ROFL belt, we're in for some LOLs.
  20. Teaches a lesson by cbytes · · Score: 1

    This is really brilliant. It actually shows what has been hard to prove in a very clear and understandable way. Sometimes pirating is justified, and sometimes the developer really is asking for it. Bravo!

  21. so let me get this right..... by mikerubin · · Score: 1

    there is an app you can buy that uses a camera on a small hand held device that shows you where you are walking while you are holding the small hand held device?
    Why cant you just look up?

    --
    I sat down to write a new sig tonight and all I did was make the chair warm.
    1. Re:so let me get this right..... by BasilBrush · · Score: 1

      You'd think so wouldn't you? But no, some people are too stupid for that. http://www.youtube.com/watch?v=mg11glsBW4Y

  22. In most contexts this would be illegal by Cthefuture · · Score: 5, Insightful

    You can't set traps for people even if the only way they would be harmed by it would be because they themselves are doing something illegal.

    This does "harm" the person running the illegitimate app because it may cost them money to send all those messages plus any potential fallout from people thinking they are a software pirate.

    --
    The ratio of people to cake is too big
    1. Re:In most contexts this would be illegal by Compholio · · Score: 1

      You can't set traps for people even if the only way they would be harmed by it would be because they themselves are doing something illegal.

      Not entirely true... At least in the US it is illegal for the government to entrap you, but there is no prohibition on private corporations doing the same. You can, however, sue over just about anything here (and you can sometimes win said crazy lawsuits).

    2. Re:In most contexts this would be illegal by Fieryphoenix · · Score: 1

      He's not referring to entrapment, he's talking about actual traps. Such as booby traps.

    3. Re:In most contexts this would be illegal by cbhacking · · Score: 2

      Mind you, I think that's a stupid law. The maximum damage allowed should perhaps be relative to the crime. For example, somebody pirating a texting app should pay for a bunch of texts, as opposed to somebody pirating a texting app that lets them see their surroundings instead broadcasting a beacon to someobdy who runs them over with a car. However, I think in principle the idea of prohibiting this kind of thing is wrong. Impose whatever penalty you want on somebody who harms an innocent through such a trap, of course. That alone will keep the more excessive responses at bay. I just don't understand why somebody willfully violating the law should receive equal protection under it, though. Again, that's not to say they should receive *no* protection, but if I want to dig 10' pit traps to deal wiith those pesky kids trespassing on my lawn, I think I should have that right so long as the limits of my lawn are clearly delineated, and the traps aren't likely to cause extreme harm.

      --
      There's no place I could be, since I've found Serenity...
    4. Re:In most contexts this would be illegal by DMiax · · Score: 1

      I agree. Furthermore is it really illegal if the developer and copyright holder himself creates the malware version and puts it on the market for free? Can it even be called pirated?

    5. Re:In most contexts this would be illegal by sznupi · · Score: 1

      Leading us right back to the people forming lynching committees, which need only be convinced a grave crime has taken place.

      (that, and some places luckily have or push for extensive freedom to roam; but it's generally funny and telling that you'd destroy your ability to fully enjoy your land just in the hope that others won't be able at all - and in fact just leading to further social tensions, disunion, polarisation, lack of harmony, etc. of course)

      --
      One that hath name thou can not otter
  23. Apple.... by Mindcontrolled · · Score: 1

    Try a walled garden. Keeps the retards out...

    --
    Ubi solitudinem faciunt, pacem appellant.
    1. Re:Apple.... by mjwx · · Score: 1

      Try a walled garden. Keeps the retards out...

      OTOH, it also keeps the retards locked in with you.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  24. "actually a Trojan" by frovingslosh · · Score: 2

    Amusing, but in the end may be very self destructive. Given that it redirects the user to buy the real app, I think most of us have a strong belief who released this. Aside from the risk of lawsuits for such deceptive software, I would expect few android users to ever trust any software from this company ever again. Heck, I'm not even an Android user, but I'm going to learn the name of the company to be sure to never install any software from them, just in case they also code for a platform that I use. If they think that releasing trojans is acceptable behavior then I don't want their software on my systems.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:"actually a Trojan" by brainzach · · Score: 1

      Most of the people who care about this are those that pirate apps, so it isn't a big loss.

      Compared to DRM, this anti-piracy measure doesn't punish legitimate users so it doesn't affect them.

    2. Re:"actually a Trojan" by dreampod · · Score: 2

      While probably illegal (unless they have a solid User Agreement that people ignored saying it would do this) personally I find it no more morally dubious than the person who downloaded a version of the software that they knew was pirated. And as someone who actually pays for my software I MUCH prefer the mode of punishing the pirates with software that has a 'bonus' than punishing the legitimate users by including DRM.

  25. How to tear about an android app? by IB4Student · · Score: 1

    On that Avast page, they got the source code somehow? How can I do that to see what apps are doing? I know Java but not really an reverse engineering or security things >__>

  26. How about helping the Japan relief effort instead? by osgeek · · Score: 1

    Ack, shame won't work well with a pirate. Instead, have the trojan text REDCROSS to 90999, which sends $10 to the Japan relief effort.

  27. Re:The Trojan should have disabled the functionali by MrQuacker · · Score: 1

    I don't know man, the Batman thing was simply brilliant.

  28. Re:Wait, what? by rumith · · Score: 2

    Since the app's precise purpose is texting, it naturally requests and receives these permissions during installation. Think of it as a third-party texting app, like Handcent SMS: it wouldn't be supercool to have to confirm every single SMS you try to send, would it?

  29. I smell a lawsuit by Registered+Coward+v2 · · Score: 1

    So someone buys the legitimate app but for whatever reason installs the pirated one. Seems to me they may have liabled the purchaser; plus cost money if he or she is not on an unlimited message plan.

    --
    I'm a consultant - I convert gibberish into cash-flow.
  30. Re:The Trojan should have disabled the functionali by node+3 · · Score: 1

    It's called manslaughter (and sometimes murder or homocide, depending on the details).

  31. Tyler Durden did it by Iamthecheese · · Score: 1

    Here's the plan: Tell pirates' friends about the piracy. Everyone realize how common piracy is and how even good people do it. Piracy loses its social stigma. Piracy doubles.

    --
    If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.
  32. Wait a sec by stealth_finger · · Score: 1

    "The original app is called Walk and Text, and costs $2.10 in the Android Market. The app uses the camera on the back of a smartphone to show a user a visual of his upcoming surroundings," Uses the camera to show a visual of upcoming surroundings....what like your eyes do? But you have to use your eyes to look at the display, so unless you hold the phone right infront of your face all you're going to see is the floor about 4 foot infront of you. And they want $2.10 for this and are surprised when people don't buy it, I can't see why anyone would pirate it except for the lulz. And to top it off all your friends get a message telling them you're too stupid to be able to look up once in a while when you insist on walking a texting, near busy roads and train tracks apparently. Sure this isn't a late april fool?

    --
    Wanna buy a shirt?
    https://www.redbubble.com/people/stealthfinger/shop?asc=u
  33. Oh drop the propaganda by Rix · · Score: 1

    There is a pretty rigorous policing of torrents for that sort of thing. There's no real risk if you're at all sensible.

  34. How is an anonymous registration a red flag? by Rix · · Score: 1

    That's just common sense. Why would you voluntarily enter contact details into a system who's primary users are spam harvesters?

    Look on the website for contact information.

  35. Except it's not proven by Rix · · Score: 1

    Since the developer put the trojan up himself, it's an authorized use.

    1. Re:Except it's not proven by Penguinisto · · Score: 1

      Depends on the TOS/EULA - that may be modified as well. ;)

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
  36. Don't involve the Red Cross in fraud, please by Rix · · Score: 1

    I'm sure they would not be amused.

    This does illustrate why using text messaging as a billing platform is such a horrible idea. It is going to get abused like this by someone, and likely not for charity.

  37. To quote an ancient Wikipedia saying by Sycraft-fu · · Score: 3, Insightful

    "Citation needed."

    Seriously, I work in computer support professionally and while I've seen pirated software as an infection vector, it is in the minority. By far the biggest malware distribution channel these days I see is scareware. There are popups that act like AV scanners and get people to install fake anti-malware software.

    So, let's see some number please.

    1. Re:To quote an ancient Wikipedia saying by win32ce · · Score: 1

      Actually if you are getting scare-ware popups you are probably already infected.

      I think most of today's infections come via website attacks on Adobe products. Sorry, I lack citations for this claim.

  38. It has to ask by Rix · · Score: 1

    But an app that sends text messages kind of needs permission to send text messages.

  39. That is totally unsurprising by Sycraft-fu · · Score: 1

    The guy obviously has some serious ego issues or else he never would have written the fake trojan in the first place.. Most developers accept some copyright infringement as a part of doing business. Some people are going to copy your app, that is just life. You don't like it, you maybe do some things to make it harder to do, but you realize it'll happen.

    This guy decided to try and be a real dick about it, to attack people who do it, to try and get some retribution. That is rather stupid, and over the top. So no surprise he acts with hostility to anyone that questions his methods or motives.

  40. Re:Android Security Model by dreampod · · Score: 2

    Android is similar in restricting apps and requiring permissions for apps to access functions like SMS.

    However the app IS intended for texting and thus you will have a permissions request for SMS to use the app (even the legitimate version). This just sends out additional texts to your contacts in addition to the ones you want to send out.

  41. Let's think about that... by Mr2001 · · Score: 4, Insightful

    It may not deprive the source from selling another copy, but not paying for your copy is stealing.

    For the sake of argument, let's accept that definition and see where it leads us.

    Well, why is stealing a bad thing in the first place? Is it because you get something for free? Surely not, because we all get things for free all the time. I can turn on the radio and listen to free music, then change stations when a commercial comes on. I can look at public murals that were funded by taxpayers who died before I was born. I can enjoy the benefits of those and countless other things without giving a dime to the people who created them.

    I get upset when something is stolen from me, but is that because the thief has gotten something for free? No. If someone could "steal" a copy of my car, leaving the original car unharmed in my driveway, that wouldn't bother me at all. In fact, if the technology to do that existed, I believe it'd be a great leap forward for mankind.

    We can also compare stealing to vandalism. If someone destroys my car, he doesn't gain anything for free, he only deprives me of the use of that property. Is destroying my car therefore not as bad as stealing it? It sure doesn't feel that way. In fact, stealing it seems marginally better, since it preserves overall utility (and there's a chance I'll get the car back).

    So, I have to conclude that what makes stealing wrong is that the rightful owner is deprived of the stolen property. The benefit gained by the thief is only relevant to the extent that it comes at the owner's expense.

    Now, what have we done by declaring that getting a free copy of something is "stealing"? We've created two categories of stealing: the old-fashioned kind where the owner is deprived of the stolen property, and the shiny new kind where he isn't. The first kind is wrong, since it maintains the quality that made stealing wrong in the first place. The second kind, however, is not - it's a benign, almost metaphorical type of "stealing", kind of like stealing second base. All we've accomplished with this new definition is to devalue the word.

    --
    Visual IRC: Fast. Powerful. Free.
  42. Piracy isn't the embarrassing part by Hoi+Polloi · · Score: 2

    The really embarrassing part of all this is your contacts finding out that you actually need an app to help you not walk into lightpoles, in front of trains, etc because you can't stop texting for a single second.

    --
    It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
  43. Let's see.. by 91degrees · · Score: 1

    Of course I pirate! All my friends know I have hundreds of gigs of pirated software, music and videos. Most of them do as well.

    I buy a lot of stuff too. I'm never buying anything from this company.

    I could potentially sue them for libel, and perhaps theft of service. I did not authorise them to send a message to every single person on my contact list, or to use up my limited number of texts doing so.

    While they could potentially sue me, it's possible that I simply didn't know it was pirated. However, since I only downloaded there's no statutory damages. The most they can get from me is the cost of the app. I'll make an offer of settlement out of court for that one.

  44. Piracy IS theft. by master_p · · Score: 1

    For the last time, /.: piracy is theft.

    The argument that making a copy of a digital product does not deprive the author of anything is wrong: copyright infringement leads to profit loss, and therefore it is outright theft.
     

  45. Walk and text? by Internetuser1248 · · Score: 1

    It seems to me that if you often find yourself walking into traffic or off ledges while texting, getting a new app on your phone is not the obvious solution.

  46. Re:Competition IS theft. by Internetuser1248 · · Score: 1

    If your definition of theft is that it results in a loss of profits, then competition is theft, making a superior product or advertising better than you competitors is theft. Telling the media that a company is putting poison in their powdered milk is theft. Demanding a replacement at a store for faulty merchandise is theft. You also assume that people would buy everything they pirate if piracy weren't an option, I assure you this is not the case. I for one could never afford it.

  47. Re:$2.10 is pretty much throw-away territory by DocSavage64109 · · Score: 1

    Maybe in the US $2.10 is throw-away territory, but what about in India or China? Even the way the dollar has fallen, that could well be a few hours worth of work in other countries.

  48. Re:I'm all for this sort of DRM by DocSavage64109 · · Score: 1

    I like the concept as well, except for one thing -- false positives. I'm playing Shogun 2: Total War, and there's a lot of whining in the forums over the multiplayer online server tagging nearly everyone as dishonorable cowards. Maybe this little app has perfect piracy protection and this point is moot, but I'd be a little upset if I payed for the app and it ended up spamming all my friends and slandering me.

  49. Re:Costs of texting - $0.20! by DocSavage64109 · · Score: 1

    It's actually twenty cents -- at least on AT&T

  50. No, goddammit, it is NOT the last time by Travelsonic · · Score: 1
    So long as people like you insist on pushing that which is untrue.

    copyright infringement leads to profit loss, and therefore it is outright theft.

    Profit loss == otright theft? Better stop negative reviews, stop people from lacking the desire to buy something once they see it, window shopping since people don't buy as a result of these things, and somehow that is theft because you deserve money , and didn't make it - never mind that not making the money you want is never the same as having money you already had taken away on the very logical principal THAT YOU NEVER HAD IT YET - nor were you gaurneteed to make it. If you want to argue piracy is theft, at least TRY to make a logical argument as to why your point is why..

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    1. Re:No, goddammit, it is NOT the last time by master_p · · Score: 1

      never mind that not making the money you want is never the same as having money you already had taken away on the very logical principal THAT YOU NEVER HAD IT YET

      It's not money I want. It's money I should have.

      If you want to argue piracy is theft, at least TRY to make a logical argument as to why your point is why..

      How about this: enjoying a paid product that you didn't make yourself and you didn't pay for it is theft. It applies to both physical and digital products. Say:

      I cannot use the neighbour's luxury car because I didn't pay for it.

      Or:

      I cannot use Windows because I didn't pay for it.

      See?

  51. Re:Competition IS theft. by master_p · · Score: 1

    competition is theft

    It's not, because it does not end in using a product you didn't pay for.

    making a superior product or advertising better than you competitors is theft.

    It's not, because it does not end in using a product you didn't pay for.

    Telling the media that a company is putting poison in their powdered milk is theft

    It's not, because it does not end in using a product you didn't pay for.

    Demanding a replacement at a store for faulty merchandise is theft.

    It's not, because it does not end in using a product you didn't pay for.

    You also assume that people would buy everything they pirate if piracy weren't an option, I assure you this is not the case. I for one could never afford it.

    Indeed. If people had the cash, they wouldn't pirate software/media. Since they don't have the cash, they do pirate software/media.

    Enjoying a product you didn't make without having paid for it is theft.

  52. Re:Android Security Model by dreampod · · Score: 1

    You selectively grant rights though many applications simply won't function if you fail to give them the rights the ask for. Though that is more an issue with how the particular app is written rather than with Android.