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Rockin' on without Microsoft
C/Net ^ | 8/20/2003 | David Becker

Posted on 08/21/2003 7:23:21 AM PDT by justlurking

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To: Bush2000
I'm shocked that a bunch of GPL bigots would interpret it that way...

Us "GPL bigots" already know you are wrong.

But, you do a very admirable job of convincing the lurkers and occasional bystanders that you are wrong.

81 posted on 08/21/2003 11:45:59 AM PDT by justlurking
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To: Bush2000
Yeaaaaaaaaahhhhhm, rrrrrright. It's about convincing your fellow jurors to find against the guy...

Despite your cynicism, yes you must make a convincing case based on the law, precedent, evidence, intentions so that a jury or judge can reach an informed opinion based on many factors.

so you can get home to your beer and La-Z-Boy...

Is there no room in your severe world for the little pleasures of life.

82 posted on 08/21/2003 11:49:21 AM PDT by stripes1776
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To: Bush2000
Kinda hard to sympathize with somebody who's stealing software.

He didn't ask for sympathy. He got mad and then he got even. Sounds like a FR kinda guy.

83 posted on 08/21/2003 12:15:01 PM PDT by Stentor
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To: Question_Assumptions
That they consider themselves conservative but support anti-competative behavior and "guilty until proven innocent" legal attacks must already be quite a juggling act.

It hit me recently that this is the kind of mind set posssessed by Democrats. It's a non stop mental reservation akin to psychosis.

84 posted on 08/21/2003 12:21:39 PM PDT by Stentor
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To: Bush2000
You're assuming that somebody "actually paid" -- which is doubtful in this case.

And, as I pointed out, you are assuming guilt. It is not doubtful that someone actually paid, given the scenario described. They passed the computer on to someone who was not using it without wiping it out. A technical violation of the law? Yes. But hardly comparable to willing piracy. I think you simply need to assume guilt in order to rationalize Microsoft's behavior.

Look, if somebody is using your product without paying for it, you have every right to take action against them.

The article claims that they weren't using the product without paying for it -- the claim is that the software simply wasn't erased from the offending computers as they were passed on to others. A technical violation? Yes. Worth $80,000?

You guys like to think that that's un-American. Fine.

I've worked for my state's taxation department. The reason that the IRS is so abusive is because they do almost exactly what Microsoft is doing here.

  1. They assume guilt -- you must pay first and prove you are innocent later.
  2. You must keep records and receipts and provide them upon demand to prove you are innocent -- if you don't, you may have to pay taxes that you legally should not have to pay.
  3. They use the cost of fighting them as a weapon to extort settlements out of people who can't afford to fight -- you can go bankrupt simply trying to prove you are innocent because the burden falls on you to prove it.
  4. They catch people "cheating" who didn't know they are cheating and hit them with punative fines -- despite the fact that the complexity of compliance makes it easy enough for a normal person to make an honest mistake.

Do a lot of people cheat on their taxes. Yes. Do a lot of them do it on purpose? Of course. But does that justify the IRS showing up in jack boots to ruin a person or small business owner's life? Not in my opinion. But the IRS will give you a justification for their tactics which is an almost verbatim copy of your justification for Microsoft's tactics.

The last thing this country needs is a lesson in commercial ethics from a bunch of Bolsheviks.

I'm pretty consistent. I'm against abuse of power whether it comes from the government, an individual, or a corporation. Either you don't mind the abuse of power or you are selective in how it bothers you.

And as for someone who has paid for every copy of Microsoft software he has (several thousand dollars worth), I find your attempts to brand me a communist laughable.

85 posted on 08/21/2003 12:38:37 PM PDT by Question_Assumptions
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To: Bush2000
I didn't mean to steal your car. It was purely accidental.

You are aware that the law makes a distinction between car theft and joyriding, aren't you? And if you borrow a friend's car but forget to take the registration and a police officer pulls you over. Should he immediately assume that you've stolen the car and throw you in jail. Since you seem to feel that failure to produce documentation of ownership is sufficient to assume guilt (after all, a lot of people do steal cars so perhaps we should just assume that anyone in a car without a registration is a car thief, right), perhaps we could simply dispense with a judge and jury and throw anyone without a proper registration in jail to serve the sentence of a car thief.

The key points you seem unable to comprehend are (A) intent (which is why we differentiate murder from manslaughter and intentional homocides from unintentional, accidental, and justified homocides) and (B) the assumption of innocense (where the accuser has to prove guilt). You don't seem to grasp the former and seem to have no use for the latter.

86 posted on 08/21/2003 12:45:17 PM PDT by Question_Assumptions
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To: justlurking
Of all the clients that I've worked for, only one had stringent configuration and access controls on their PC's that prevented the installation of any software. The user was restricted from writing files anywhere except in their "home" directory (in Documents and Settings\Username). It was fine in theory, but caused a lot of problems with applications that didn't adhere to that rule.

Before your mentioned this, I was thinking that something along these lines is the answer for the small business that wants to keep their software licensing situation legal and under control.

I run my personal Win2000 and WinXP PC's within the least-privileged mode (for security reasons). But I have the Admin passwords for running Windows Update and installing software (I own these PC's.). It's a common misconception that computer users need to run with Administrator (root) privilege.

With Win2000 and XP, there are built-in methods in the OS to assist the business owner's efforts to keep the users within the desired privilege bounds. Unfortunately, the techniques are not common knowledge. There is definitely a need for a simple book/manual on how to set up Windows2000/XP PC's for maximum security and minimum user privilege. Medium and large companies have IT people who possess the know-how to make this happen. But small businesses often don't have dedicated IT people, or they have poorly-trained IT person(s).

87 posted on 08/21/2003 12:46:11 PM PDT by TheEngineer
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To: TheEngineer
There is definitely a need for a simple book/manual on how to set up Windows2000/XP PC's for maximum security and minimum user privilege.

You know what, if you wrote such a book I'd buy it. A lot of the computer books on the shelves are nearly worthless. Storage Area Networks for Dummies, anyone?

88 posted on 08/21/2003 12:48:24 PM PDT by Liberal Classic (Quemadmoeum gladis nemeinum occidit, occidentis telum est.)
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To: Bush2000
Oh, puh-lease. Don't get on your high horse. These "small business owners" rip off countless dollars from the software industry every year. That they can't afford to pay their legal fees is their own fault.

So you also believe in collective guilt? Because some small business owners rip the software industry off, it is OK for Microsoft to do whatever they want to them? And because a small business can't even hope to afford to fight off legal challenge after legal challenge from a company that has enough cash on hand to buy the entire airline industry is the small business owners fault? So you also believe that justice should depend on the depth of a person's pockets?

Here, have some more rope.

89 posted on 08/21/2003 12:49:41 PM PDT by Question_Assumptions
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To: Liberal Classic
You know what, if you wrote such a book I'd buy it.

Actually I've thought about it. :-)

90 posted on 08/21/2003 12:49:59 PM PDT by TheEngineer
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To: Bush2000
Doesn't matter. Regardless of how the software was installed, the buyer received a paper license. That license could be an individual license -- or a site license -- but in either case, the buyer has it. If he doesn't, he's violating the conditions of the license.

In other words, this has nothing to do with whether the company paid for the software or not but whether they are in technical violation of the license. All of your moral outrate over theft and payment is simply a red herring. You really simply think that Microsoft should have the right to demand that people prove they are innocent or fine them as if they are guilty. That you seem to have no concern that someone may be forced to pay twice for their software doesn't seem to bother you. You should get a job in tax collection. Tax agencies live for this sort of thing.

91 posted on 08/21/2003 12:54:43 PM PDT by Question_Assumptions
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To: TheEngineer
A lot of books on the shelf are crap, expensive but crap. The better ones have not been the 1,000 page thick manuals, but smaller and better orgainzed.
92 posted on 08/21/2003 12:55:46 PM PDT by Liberal Classic (Quemadmoeum gladis nemeinum occidit, occidentis telum est.)
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To: Bush2000
And weighing them is a guessing game: No more scientific than flipping a coin.

So let's just dispense with trials and juries and flip a coin instead. Heck, I have a better idea. Using the Bush2000 shool of thought, we can just assume that everyone is guilty. Think of the time and money that would save.

93 posted on 08/21/2003 12:57:27 PM PDT by Question_Assumptions
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To: Liberal Classic
You know what, if you wrote such a book I'd buy it.

And I would recommend it to my clients.

However, as I found at the client I mentioned, quite a few people were given administator access to their PC's, thus negating any protection. The only thing it really prevented was the clueless clerical staff from installing spyware.

94 posted on 08/21/2003 1:03:12 PM PDT by justlurking
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To: justlurking
Isn't IT grand? ;)
95 posted on 08/21/2003 1:04:54 PM PDT by Liberal Classic (Quemadmoeum gladis nemeinum occidit, occidentis telum est.)
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To: Bush2000
In many cases intent and willfullness has a lot to do with wether or not someone can be convicted of a crime. i'm sure you're already aware of this, but I guess it is more important to make sure you don't say anything that might be construed as supporting something not in microsoft's best interest.
96 posted on 08/21/2003 2:03:27 PM PDT by zeugma (Hate pop-up ads? Here's the fix: http://www.mozilla.org/ Now Version 1.4!)
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To: Bush2000
Kinda hard to sympathize with somebody who's stealing software.

It's well-established that the BSA is nothing but a group of thugs with legal backing who shake up small businesses over insinuation rather than evidence. I've heard stories of them hassling businesses that run absolutely nothing but open-source software.
97 posted on 08/21/2003 2:07:43 PM PDT by Dimensio (Sometimes I doubt your committment to Sparkle Motion!)
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To: Bush2000
I didn't say "intentionally". His intentions are irrelevant. The fact is that he has software that doesn't belong to him, can't explain how it got there, and that's illegal.

It is exactly that attitude that will eventually cause the downfall of companies like microsoft. Every little bit helps. With any luck, your next job won't be quite as fun.

98 posted on 08/21/2003 2:08:14 PM PDT by zeugma (Hate pop-up ads? Here's the fix: http://www.mozilla.org/ Now Version 1.4!)
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To: justlurking
Of all the clients that I've worked for, only one had stringent configuration and access controls on their PC's that prevented the installation of any software. The user was restricted from writing files anywhere except in their "home" directory (in Documents and Settings\Username). It was fine in theory, but caused a lot of problems with applications that didn't adhere to that rule.

The theory was fine practice when we ran our computing on mainframes and minis and we recognized concepts such as the system disk, operating system directories and a separation between data and software. Data Processing 101, it all used to be, taught at junior college level, before Gore2000's (ex?) employer decided to rewrite the rules and take us backwards into the future. I still shudder at the thought that all these programs (by Gore2000's company and others) I install or deinstall and run and the web browsers I run, write to the system disk, write to the operating system directories, to the operating system configuration files, mix my personal trash with critical operating system files and so on. It looks to me like the idiot hackers raised on EUNUCHS took over operating system design and the mess they've created is the new "standard". I wonder what they teach in Data Processing 101 nowadays!

99 posted on 08/21/2003 2:21:19 PM PDT by Revolting cat! (Go ahead, make my day and re-state the obvious! Again!)
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To: justlurking
OK, now you are changing your story: you claimed that it came with a license from the OEM.

Straw man.

this is a civil matter about violation of contract, not a criminal matter.

Not true. It's a violation of federal copyright law -- which carries criminal penalties. There is a dollar-value threshold at which civil becomes criminal.

Had the business owner been given an opportunity to remedy the problem by removing (or buying a license for) the offending software that was inadvertantly passed on to another user, there wouldn't be an issue. He would probably even still be a Microsoft customer.

Nah. Without sanctions, the customer wouldn't do anything about it.

However, you do bring up an interesting problem: how many people or businesses could meet those requirements?

Keeping accounting records for the IRS is an order of magnitude more difficult than maintaining a file of software licenses. The average small business has about 4 or 5 computers. We're not talking about rocket science here.
100 posted on 08/21/2003 2:22:25 PM PDT by Bush2000
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