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To: justlurking
Accused of stealing software. He chose not to fight, because the deck was stacked against him.

BWAHAHAHAHAHAHAHAHAHAHAHAHAHA!!! Yeahhhhhhh, right.

A few dozen unlicensed programs among 72 computers is practically nothing, especially if his estimate of 8% of the computers actually being non-compliant -- which works out to six computers. That can easily be attributed to inadvertant error.

Ignorance and error don't excuse breaking the law. Plenty of people screw up and break the law. If that were an excuse, nobody would be in jail.

If they were intentionally stealing software, the number of unlicensed programs and non-compliant desktops would have been much higher

Irrelevant and unprovable supposition.
26 posted on 08/21/2003 9:07:23 AM PDT by Bush2000
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To: Bush2000
Well your position is unprovable too. This sounds just as plausibly to be misplaced, not stolen, software. Theft requires intent.
29 posted on 08/21/2003 9:09:12 AM PDT by HiTech RedNeck
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To: Bush2000
#1) this is civil law not criminal law, big difference
#2) nobody is sayingits ok to break a contract, what we are saying is that if it happens charging a guy 80k for accidently doing it instead of asking him to either buy the product or delete it is the correct thing to do.
30 posted on 08/21/2003 9:14:43 AM PDT by N3WBI3
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To: Bush2000
Ignorance and error don't excuse breaking the law. Plenty of people screw up and break the law. If that were an excuse, nobody would be in jail.

However, people that inadvertantly break the law are usually given probation or a suspended sentence. In many cases, making restitution is enough to get the charges dismissed.

On the other hand, It cost this guy $100,000. If he chose to fight, he had to pay the costs of his prosecution and his defense. What would you have done, if confronted with the same problem, due to an inadvertant error on your part?

Irrelevant and unprovable supposition.

No more so than your claim that he was intentionally stealing software.

32 posted on 08/21/2003 9:17:43 AM PDT by justlurking
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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
If they were intentionally stealing software, the number of unlicensed programs and non-compliant desktops would have been much higher

Irrelevant and unprovable supposition.

In places that don't mind software piracy, there will seldom be more than one licensed copy of anything. For places that do mind, there will be pretty close to one license per person. There isn't that huge a middle ground.

One of the big problems is that, in an era where Borland's No-Nonsense License (which debutted with Turbo Pascal 3.0) is more and more necessary, it becomes less and less used.

Essentially, the No Nonsense License states that a piece of software may be used "like a book". Just as one book may be read in many places, so too a piece of software may exist on many machines. On the other hand, just as a book may only be read by one person at a time (unless two people are reading the same page together), so too may software only (legally) be used by one person at a time, unless two people are sharing a computer.

The fact of the matter is that since copyright law and software licenses would be unworkable if enforced literally(*), honest people generally act as though Borland's licensing terms are the ones in effect. This applies not only to computer application software, but also to such things as music. If the software and music industries would recognize this, I think they'd be much more respected.

(*) As a simple example, the copyright statutes explicitly allow only a single backup copy of software to be made under "fair use" statutes. Consequently, anyone who does a full disk backup of their system would be violating copyright if they didn't destroy the old backup copies before producing new ones. Since such a policy would be insane for a number of reasons (not the least of which are (1) the legitimate need for backups from different times, in case it's discovered that a file was corrupted or altered sometime before the last backup; (2) the difficulty, when using many forms of backup media, of expurgating only selected files; (3) the danger of the primary hard drive failing sometime between the destruction of the old one and the successful and complete creation of the new one). Such a policy would thus be insane and unreasonable, and yet it would be precisely what strict copyright compliance would require.
If the BSA or RIAA were interested in trying to promote goodwill compliance with copyright, they'd get a lot more respect. Instead, however, they regard as theft behavior which is necessary and proper and thus dilute their legitimate claims of theft.
151 posted on 08/21/2003 6:10:41 PM PDT by supercat (TAG--you're it!)
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