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View Full Version : MS Wants Laws To Block Products Made By Software Pirates



Sporkman
March 25th, 2011, 11:48 PM
Microsoft seems to be trying to get its own personal unfair competition laws passed state by state, so it can sue US companies who get parts from overseas companies who used pirated Microsoft software anywhere in their business. The laws allow Microsoft to block the US company from selling the finished product in the state and compel them to pay damages for what the overseas supplier did...

http://yro.slashdot.org/story/11/03/25/1212258/MS-Wants-Laws-To-Block-Products-Made-By-Software-Pirates

Dustin2128
March 25th, 2011, 11:59 PM
Wait, what? That doesn't make any sense...

false truths
March 26th, 2011, 12:06 AM
I looked at the law and I lol'd hard. If someone can prove that there is FOSS code anywhere in any part of any version of Windows, they can use this same law to sue Microsoft and get the FSF royalties for every copy of that version of Windows that sells/is sold. Basically, the law lets you sue any company that uses anything anywhere in their system or the system of any of their suppliers, as long as one person somewhere in there happens to be using something outside the license it was released with.

I don't see anyone actually working up the nerve to use this law against Microsoft, but some of their Chinese suppliers are certain to have pirated MS software somewhere. Microsoft sues themselves, much?

PCNetSpec
March 26th, 2011, 12:27 AM
FOSS code anywhere in any part of any version of Windows, they can use this same law to sue Microsoft and get the FSF royalties for every copy of that version of Windows that sells/is sold.

I think you missed the part about OSS being specifically excluded from cover.

This is not about "proving" ANYTHING, it's about tying up competitors in a protracted legal case with a simple "allegation", allowing M$ to sell their wares whilst the competition cannot... think "mobile phones" etc.

eg. MS "alleges" a chinese company supplying say, HTC, uses an unlicensed copy of Windows somewhere... just the allegation is enough to stop HTC selling any phone that contains a component from that chinese supplier whilst the case is ongoing, and these cases take years.

handy
March 26th, 2011, 01:22 AM
More of the usual dirty tricks from MS, who know they are being beaten by better technology made by their opposition, to the gold mine of the future.

debiansu
March 26th, 2011, 02:36 AM
eg. MS "alleges" a chinese company supplying say, HTC, uses an unlicensed copy of Windows somewhere... just the allegation is enough to stop HTC selling any phone that contains a component from that chinese supplier whilst the case is ongoing, and these cases take years.

Taking it a little too far. How crazy are copyright laws!

Quadunit404
March 26th, 2011, 02:37 AM
One does not question how crazy US copyright laws are. They're a mess based on principles from 1998.

It's 2011 and we're still using copyright laws based on how technology worked back in 1998. What the hell.

3Miro
March 26th, 2011, 02:48 AM
Taking it a little too far. How crazy are copyright laws!

Long time ago MS endorced the priniple of Guilty Until Proven Otherwise. That is why people with a MS Genuine Disadvantage issue have to "prove" their systems are legitimate.

wojox
March 26th, 2011, 03:03 AM
It's just one more bill in the US. It's not really about passing it but more enforcing it. Microsoft has a lot of money to look at things from every angle.

I don't blame them. If I owned proprietary software and someone else was making coin of it without my fair share, I'd go after them as well.

uRock
March 26th, 2011, 03:07 AM
It's just one more bill in the US. It's not really about passing it but more enforcing it. Microsoft has a lot of money to look at things from every angle.

I don't blame them. If I owned proprietary software and someone else was making coin of it without my fair share, I'd go after them as well.

I agree.

ki4jgt
March 26th, 2011, 06:26 AM
I believe this will help the economy anyway. It will mean more U.S. jobs for when those companies get excommunicated.

johntaylor1887
March 26th, 2011, 06:42 AM
In before the thread gets closed. Why I need to be, I don't know. It's fun I'm told.

But seriously, I'll let the young guns take this one. Go!

Sporkman
March 26th, 2011, 01:36 PM
So: When my children get older, should I encourage them to pursue careers in computer science/software, or law?

disabledaccount
March 26th, 2011, 01:50 PM
Long time ago MS endorced the priniple of Guilty Until Proven Otherwise. That is why people with a MS Genuine Disadvantage issue have to "prove" their systems are legitimate.
That is one of hundreds of reasons why after about 12 years of using mostly windows I've finally and definitively moved to linux - right now they are more and more likely to become kind of computer fascist. Kill everyone - oh yes, we can't - sue everyone then...

Isn't it one of fundamental human rights to be considered non-guilty unless it is prooved?

cascade9
March 26th, 2011, 01:58 PM
I looked at the law and I lol'd hard. If someone can prove that there is FOSS code anywhere in any part of any version of Windows, they can use this same law to sue Microsoft and get the FSF royalties for every copy of that version of Windows that sells/is sold. Basically, the law lets you sue any company that uses anything anywhere in their system or the system of any of their suppliers, as long as one person somewhere in there happens to be using something outside the license it was released with.

I'd almost 'LOL'd hard' at your post on this but I cant bring myself to do it.


SENATE BILL REPORT SHB 1495

Snip!

Exceptions. A person may not sue under this cause of action when:

Snip!

3. the allegation that the IT is stolen is based on a claim that the use of the IT violates the terms of an open source software license

http://www.groklaw.net/article.php?story=2011032316585825

Its obvious what this is.

rg4w
March 26th, 2011, 02:11 PM
This is great news for Linux. Coupled with the growing awareness of Microsoft as a national (http://arstechnica.com/security/news/2010/06/cyber-war-microsoft-a-weak-link-in-national-security.ars) security (http://www.examiner.com/homeland-security-in-houston/espionage-cyber-war-and-microsoft-systems-major-threat-to-national-security-1) threat (http://www.internetnews.com/ent-news/article.php/3083121/Microsoft-National-Security-Threat.htm), this bizarre draconian move will only further encourage people to start looking for alternatives.

If allowed to happen, it would be perhaps the biggest boon ever for Mac and Linux. It's too bad it won't stand up to legal scrutiny.

donkyhotay
March 26th, 2011, 03:19 PM
I'd almost 'LOL'd hard' at your post on this but I cant bring myself to do it.

SENATE BILL REPORT SHB 1495

Snip!

Exceptions. A person may not sue under this cause of action when:

Snip!

3. the allegation that the IT is stolen is based on a claim that the use of the IT violates the terms of an open source software license

http://www.groklaw.net/article.php?story=2011032316585825

Its obvious what this is.

Why am I not surprised there is an exception for FOSS...

Jay Car
March 26th, 2011, 07:30 PM
Microsoft Wants...

They're like a pack of spoiled, whining, demanding children, with their grime-y, sweaty, greedy little hands always out, always trying to grab more, more, more.

Being a fairly charitable person, I'm more than happy to wish them all that they deserve.

:)

Dr. C
March 26th, 2011, 09:56 PM
This is a very good idea on the part of Microsoft that will benefit FLOSS and especially GNU/Linux greatly. One more reason for companies to switch to GNU/Linux.

bvtest
March 26th, 2011, 11:42 PM
This could have all been avoided if companies either just paid for the software or used free software

3Miro
March 27th, 2011, 02:42 AM
This could have all been avoided if companies either just paid for the software or used free software

Using free software is an option, however, this is far more sinister. All that MS needs to do is "alege" an abuse, they don't have to prove it. Even of you pay for MS software, you may still be hit (guilty until proven innoent).