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Is Microsoft Using RIAA Legal Tactics? 239

Posted by kdawson
from the if-you-can't-beat-'em-sue-'em dept.
Nom du Keyboard writes, "CNET reports, 'Microsoft has filed a federal lawsuit against an alleged hacker who broke through its copy protection technology, charging that the mystery developer somehow gained access to its copyrighted source code.' Looks to me like since they can't figure out how else he's doing it, they'll sue on this pretense and go fishing for the actual method through the legal system. They clearly have no proof yet that any theft of source code actually happened. This smacks of the RIAA tactics of sue first, then force you to hand over your hard drive to incriminate yourself. Isn't this something the courts should be putting a stop to at the first motion for dismissal?" Viodentia has denied using any proprietary source code, according to CNET.
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Is Microsoft Using RIAA Legal Tactics?

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  • by eldavojohn (898314) * <eldavojohn@nOsPam.gmail.com> on Wednesday September 27, 2006 @02:07PM (#16218755) Journal
    I've read a lot of cases about the RIAA in court and I have to say there's some common tactics that this article doesn't mention:
    1. Prior to the trial, make sure that the judge realizes that your wife, daughter and grandmother are available for him depending on his age preference.
    2. Have the only licensed copy of Photoshop in the world installed on your laptop and present at the trial. Ask the defendent for his IP address during questioning and then add it to a BMP screen shot of some file sharing application with "KAZAA" shakily written at the top of the screen. Make sure that you wipe the drool from the judges mouth when you explain to him that this list is dynamic but you're sure the defendent is guilty. Also, throw his IP address on the Berlin Wall, the cover of Chairman Mao's Red Book & Hitler's armband in his 1936 speech just so the judge realizes the pure evil he's dealing with .
    3. Remind the judge how much you and your industry mean to the American economy. Also remind him who's in charge right now and how important it is that the economy stays in full swing. Carefully explain to him that a successful lawsuit will not help the American economy.
    4. Bring in Senator Ted Stevens as an expert witness on computers and tubes so the judge can understand how both computers and the internet works.
    5. Act like the artists (or in Microsoft's case, developers) are the ones being screwed here. They are the ones that this hacker is stealing from and then show pictures of their families living in the cold run down mansions in Redwood. Also show a picture of Lars Ulrich with a measily pile of only 5 million dollars instead of 6.
    6. Rinse, wash, repeat above card.
    7. Use legions of lawyers to inundate the individual with accusations about his past and his profession.
    8. Bottom line: stear clear of the fact that people pay you money for instances of something that's easily instantiated. Try to blur the concept of physical property versus intellectual property and use bad analogies such as grand theft auto or gas station holdups to the case at hand.
    9. Oh, and stop at nothing to make sure the person is ruined for the rest of their life. Leans on paychecks are a sweel idea as well as restitution through house, car, possessions, etc.
    So, as you can see, Microsoft has a ways to go before meeting the RIAA's stringent legal tactics. Don't worry though, I have faith in Microsoft.
  • by multisync (218450) on Wednesday September 27, 2006 @02:26PM (#16219121) Journal
    I expect what Microsoft really wants is to find if they have an inside man leaking code. Have to get Viodentia to reveal that by poring over his/her drive, which may yield absolutely nothing and be fairly claimed as harrassment.


    I have a better solution: hire a private investigator to call his phone company pretending to be him, and get them to release his phone records. Do the same for all of your employee's phone records then match them up.

    It's so simple, I'm surprised no one has thought of it already.
  • by TheSpoom (715771) * <slashdot.uberm00@net> on Wednesday September 27, 2006 @03:06PM (#16219779) Homepage Journal
    So, what did I get from this article... There's a new tool available that can strip new Windows Media DRM! Thanks, Microsoft!

    It took a bit of searching but I found the program and mirrored it [uberm00.net] if anybody's interesting. Please be sparing on my bandwidth. :^)
  • by Orange Crush (934731) on Wednesday September 27, 2006 @03:07PM (#16219811)
    I believe the speed limit of an aircraft over most land is the speed of sound, so he is ok all the upto ~750mph.

    You haven't been to an airport lately, have you? The speed limit through the security line is up to ~1 meter/hour.

  • by smcdow (114828) on Wednesday September 27, 2006 @04:54PM (#16221331) Homepage
    So, by filing this suit, Microsoft admits that someone stole the source code. If that's the case, how can they ever guarantee that the same thief(s) didn't also plant code in their repository as well?

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