Microsoft Pirating Their Own Software? 575
14ghz writes "Microsoft gave out copies of .NET Visual Studio Pro to attendees of the Microsoft .NET Student Tour. Despite the discs saying "UNLICENSED
SOFTWARE -- Illegal without separate license from Microsoft", the freebie didn't contain any license document, and one guy decided to ask the MS conference rep about it. Read the in-progress story."
Not pirated (Score:3, Informative)
Re:Not pirated (Score:2, Informative)
They require a separate volume licensing key to use.
From the blurb: "the freebie didn't contain any license document." So where was this key?
Re:Not pirated (Score:5, Interesting)
Re:Not pirated (Score:5, Funny)
Re:Not pirated (Score:5, Funny)
Re:Not pirated (Score:3, Informative)
I think the biggest problem with your interpretation of the events is your misunderstanding of what software is and how copyright and transfers of ownership work. Sasha, and Microsoft (the holders of the copyright) by extenstion, is within the law to distribute copies of their works in any way she wants, as long as she has permission from her boss (as a Microsoft employee, not as an individual). She has transferred ownership of one "copy"
Re:Not pirated (Score:2, Funny)
Re:WTF?? (Score:3, Interesting)
There isn't a problem now, but what if, for whatever reason, they decided they didn't like you found their software on your computer asked for your license which you couldn't produce?
You would be screwed.
Is this likely? I very seriou
New business plan (Score:5, Funny)
I havent installed MS Software for ages but... (Score:2, Insightful)
"Do you agree to our terms and conditions YES | No"
Kind of thing?
Re:I havent installed MS Software for ages but... (Score:5, Insightful)
What happens if the student installs it on his (or the universitie's or their workplace) PC, and the BSA shows up?
Re:EULA != License? (Score:3, Informative)
Re:I havent installed MS Software for ages but... (Score:3, Funny)
I reccomend a mix of microwave and grinder.
Re:I havent installed MS Software for ages but... (Score:4, Interesting)
Norton disk recovery
You have no idea how LITTLE information a DOS format actually erases do you? "NONE AT ALL"
Here's a better idea.
Boot knoppix
switch to a root shell
for wipe in 5 4 3 2 1; do dd if=/dev/urandom of=/dev/hda ; done ; dd if=/dev/zero of=/dev/hda
Go to bed; it'll be all finished by morning.
That won't cut it... (Score:5, Informative)
not illegal, just license free!!!! (Score:5, Funny)
Discretionary licensing (Score:5, Interesting)
What's the fuss? They could license it for free use to recovering crack addicts that live on the 3000 block of 1st street that wear green pants if they wanted to.
As long as some marketing monkey at MS has the OK from the higher-ups, then it's all good.
Re:Discretionary licensing (Score:3)
Well, not entirely. While I'm not familiar with American law, I doubt they're allowed to, for example, discriminate people depending on their sex or skin color.
Though this is offtopic, I know.
Re:Discretionary licensing (Score:2)
Re:Discretionary licensing (Score:3, Informative)
That's not the way it works. There is no descretionary license. If you want to play by the rules, then *everyone* plays by the rules. Including Microsoft Sales managers that like to hand out CDs to the unwitting.
BTW... I wouldn't install that POS "development suite" if *they* paid *me*.
HEH! HA!
I would (Score:5, Funny)
I'm unemployed, you insensitive clod!
No, really. I'd install it all day on lots computers. Later, if they paid me enough, I might even support the IDE for it.
Re:I would (Score:3, Funny)
Hey! My name is Clod, you insensitive Artifex!
Re:Discretionary licensing (Score:3, Funny)
Also it is nice to see a list of functions for structures and classes etc.
--Joey
Re:Discretionary licensing (Score:3, Interesting)
I know for sure this happens with certain software (I couldn't say autocad for sure).
At my University we have limited matlab licenses. If you try to start matlab it tries to use a license off of a license server. If all the licenses are already in use you are told that you can't use matlab right now becaue there is no license
Comment removed (Score:4, Interesting)
Re:Discretionary licensing (Score:5, Insightful)
He could have downloaded this off of Kazaa or somewhere.
What happens when the company or school he is at gets audited 6 months from now? Does he have to pay up for a license? If MS had given him a piece of paper that said 1 non transferable license free for non-commercial use he could wip the paper out and show the auditors. Now he has to erase the software from his computer or pay up if he gets audited. MS is being lazy. If they want the rules to protect their revenue stream then they have to stick to the rules themselves.
Re:Discretionary licensing (Score:5, Insightful)
Considering they dont consider owning the original CD proof that you own it, I don't think they'll consider an email from an MS rep saying "its okay" proof that you own it.
Just because an MS employee says 'its okay' does not cover your ass in court if MS's *other hand* comes knocking at the door looking for proof that you indeed own licenses for the software you have installed on your computer.
The point is, the software/CD is worth nothing. The license is worth something. And you need the license to use the CD. Anything else could be a little bit of unintentional BSA-enforced entrapment.
I don't think it'd really happen, but the guy has a very very good point. It'd be like a sheet music service giving you photocopies of some sheet music (ie, no proof you own them), and saying "its okay, go ahead"
You can't touch a license (Score:3, Insightful)
Those papers Microsoft gives out are "End User License Agreements" and "Certificate[s] of Authenticity", they are not "Licences".
The EULA says you must have a licence, but it doesn't say what constitutes a license.
The best evidence you can provide of licensing is a receipt for the software from an authorized retailer. Otherwise you can hold up all the Certificates of Authenticity, original media and EULAs you want and you still could have bought the package from Bob down the street... which violates th
Re:Discretionary licensing (Score:3, Interesting)
Well, that's good - next time I am going to use that logic every time I lose a CD of a software package I bought (and I have lost quite a few). I am going to call up the software maker, inform them of my loss, and demand another copy of their product and present them with my license number and purchase receipt.
Re:Discretionary licensing (Score:5, Funny)
scripsit Joey7F:
Clack, clack, clack...
I'll just print that out and I'm fine, huh?
Re:Discretionary licensing (Score:3, Insightful)
Actually...
If that came from an authorized rep at MS, acting in his official capacity (i.e. e-mailed at work, instead of at his home address), a strong case could be made that it is, in fact, permission from the company. The important part here is "official capacity;" if you have reason to believe (that part is important) that the person you ask is, in fact, authorized to make such a deal (and if a representative of the company is handing out software at an officially-sanctioned conference, it's probably
Re:Discretionary licensing (Score:3, Interesting)
It's a big deal BECAUSE there is no license. They're giving away unlicensed software. To students. Who might use it to make really great software. With unlicensed tools. They might make great software. Illegal software, because of those unlicensed tools. Software MS may take offense at.
Re:Discretionary licensing (Score:3, Interesting)
Especially when said consumer was at a conference with several thousand witnesses that did the same thing. Then, concievably, a countersuit could be filed on the grounds of entrapment/false advertising/whatever, i'm not a lawyer, only stating the obvious.
save it for the BSA (Score:2)
Generally the end user has to prove their innocence to avoid costs beyond the audit. A piece of email from an employe, who may or may not work at M$ when the next campus crack down occurs, is not helpful. No one messes with students, right?
Wrong. In case you missed it, four students are looking at $97,000,000,000 [slashdot.org] in RIAA fines for indexing other student's windoze shares. Who's to say the BSA is
Running out of good reasons to bash ms? (Score:2, Funny)
Re:Running out of good reasons to bash ms? (Score:2, Insightful)
This is a legitimate issue... (Score:2)
Granted, in this particular case the odds are strongly against that happening, but if Microsoft is going to insist on getting anal retentive about every single license, I think it's pretty reasonable to question things like this.
I got one of those copies (Score:5, Funny)
I say sue the guy for $97 Trillion (Score:5, Funny)
Re:I say sue the guy for $97 Trillion (Score:2)
Slashdot reaches a new low (Score:3, Insightful)
The license has to be grated by whoever is giving out the CDs... these are volume licensing CDs. Usually you are given a CD key that is associated with an institution.
For example, I just had to sign a MS affidavit at our bookstore and they were all mine for $5 apiece.
I can't believe you shitheads posted this "story." Makes me wonder why I read this site less and less every day.
Re:Slashdot reaches a new low (Score:2, Insightful)
Don't you get it? According to /. *everything* Microsoft does is Evil, and everything Steve Jobs does is INSANELY GREAT.
What have you been reading? (Score:2)
Re:Slashdot reaches a new low (Score:4, Insightful)
If you really do read this site less and less everyday, what a coincidence it is that you just happened to be reading when a new story was posted, and your response is in the first few posts.
Maybe you should actually read the story instead of rushing to post first on a site you barely want to read. If you had, you would have noticed that the MS flak said nothing about a license. In fact, she said it was okay to use the software without a license. Is that what the affadavit you signed in your bookstore said? I think not.
Re:Slashdot reaches a new low (Score:5, Insightful)
interesting... (Score:2, Informative)
Only on Slashdot (Score:5, Funny)
Re:Only on Slashdot (Score:5, Interesting)
I seriously dislike the MS license. It was why I originally switched to Linux, when the applications I needed weren't available. If you want to gamble, you go right ahead. I prefer to be a bit safe. If someone makes me sign a license that says "you won't use my software except under these conditions..." and one of the conditions is that you have a license, then I won't bother to install it without a license. And a salesman's word of honor is as good as a saleman's word of honor. (I.e., a bit better than a politician's.) If they take you in for an audit, then you are had, and a salesman's promise is no help at all, even if it were personally signed, much less being just an e-mail.
Good idea (Score:2)
The 'MS rep' isn't an employee (Score:5, Informative)
Re:The 'MS rep' isn't an employee (Score:2)
Not the first time... (Score:4, Informative)
WTF? (Score:2)
Goddamnit slashdot. quit sleeping on the job. I couldv'e had a (semi) not-illegal copy of VS. Newest version, even! None of this "enterprise edition downloaded from a source that wishes to remain nameless" for me...
bastards...
Attendees were students -- MSDNAA is their license (Score:5, Informative)
Nothing to see here, please drive by.
Not really Piracy (Score:4, Interesting)
Obviously microsoft has the right to allow you to use the software, with or without a license. The question in this case is:
Is Microsoft okay with this, or are the higher-ups unaware of what is happening here?
How can he prove this software is legal?
Is Microsoft falsly advertising? Software that is only for non-commercial use IS NOT the same as the software that is worth $109, so he did not recieve what was advertised.
Re:Not really Piracy (Score:4, Insightful)
Even if it's closer to false advertising, because there isn't any direct profit going to MS from the distribution of the software, this "problem" is a non-starter.
What MS is trying to do is to create a viable developer base among students in order to facilitate later corporate acceptance of .NET, and they're not going to get upset about dinky shit like this -- and neither will any court -- as long as that objective is met. This tactic is nothing new, illegal, surprising or interesting.
Well not really.. (Score:2)
If you want to use VS.Net for commercial purposes you have to buy the Professional edition which runs around a thousand dollars I think.
Re:Well not really.. (Score:2)
Quote:
So, strike point #3 from my list!
Yes, Microsoft is pirating their own software. . . (Score:5, Funny)
And Linux is going to make a credible challenge as a desktop operating system.
And my Mom will eventually know that FreeBSD is not Unix.
And Hillary Rosen will be discovered with a 10,000 song library on a Kazaa SuperNode in her basement and get sued for ten trillin quadrillion dollars.
Then there will finally be peace on Slashdot, and it will be converted into hotornot2.com
We can only pray.
------
Re:Yes, Microsoft is pirating their own software. (Score:4, Funny)
Hopefully few (if any) of the members of the current site will be allowed to post on the new one...
done with school districts (Score:5, Informative)
article poster is a jerk (Score:5, Insightful)
Further, the guy is probably some frontline peon who really has no control over anything there and has only been given the vaguest of guidelines on how to operate. No sense sticking his name out on the net for future harassment or embarassment.
I really think doing that was a bad move and anyone in the tech industry should have the common decency not to do that to a colleague.
Actually.. (Score:3, Informative)
Posting private comments publicly is illegal (Score:3, Informative)
IANAL, but it's not just obnoxious, it's illegal- regardless of whether you obscure the names. Unless I specify otherwise, any communication I send you is intended for you, and you only. If you forward it to someone else, or, say, p
No it's not (Score:3, Insightful)
That sounds absolutely incorrect. Have you ever heard of investigative journalism?
I don't know what the exact state of the law is in the US, but certainly where I am (New Zealand) it's fully legal to record and/or disclose a priva
In other news: (Score:5, Funny)
I've never heard of those programs, but they work for typing up term papers really well!
Re:In other news: (Score:4, Interesting)
in other words (Score:4, Funny)
when asked, the person replied "well its obvious? I'm a pendantic ass".
well there you have it...
Re:in other words (Score:5, Funny)
That's pedantic. Sorry. Didn't mean to nitpick or anything.
Translation (Score:2)
Yes folks, right here on t
Actually inquiring about a license (Score:2)
Licences my ass! (Score:2)
Ruin it for everyone... (Score:4, Insightful)
Anyway, back to my point. It seems to me that this guy is just trying to cause trouble for troubles sake, OR is trying to prove a point with regards to liscencing laws. While I agree with the sentiments, I DO NOT agree with the ammunition he is using for his fight.
All he is effectively doing is making these companies more gunshy to hand out free software to resellers like myself, or anyone else who attends training events like the one he did to get his software. The companies wont want to deal with a deluge of email like this, or go throught the trouble of making special key sets for promotional NFR (not for resale) software, etc. Actually, we USED to get software that was stamped NFR all over it, but they stopped this and started handing out "real" versions under volume lisences because there were more costs involved with producing NFR sets rather than using existing stock.
Youre looking a gift horse in the mouth and will end up ruining things for yourself and everyone else just to prove a point!
not possible...? (Score:2)
The real problem (Score:2)
The real problem is that when the feds come knocking on your door, you aren't going to have a license for that CD and they're going to bust you for it. Microsoft isn't going to help you then, unless for some reason they kept a list of names of people to whom they distributed the CDs.
It explains piracy dollar numbers... (Score:2)
Someone stole $20,000 from me and diverted the funds to the IRS. Someone else stole $10,000 from me and diverted it to Safeway, Albertson's, and Bob's IGA. And I lost another $20,000 to miscellaneous companies in my area.
The culprit? My wife and that damned checkbook.
I'm sure the SPA finds billions and billions of dollars of pirated software. You know. Microsoft pirates McAfee, McAfee pirates Norton, and Norton pirates Microsoft. It'
When we asked (Score:2)
"Man. this shit sucks. I bust my ass to download cracks for there key, then bust my ass to put their stuff out on kazaa, now there giving away there software? wtf? Man microsoft sucks, and this is just another example of how the stick it to the little pir^H^H^H guy."
The is Walter Kronkite saying "Sucks to be you."
At least you got a copy... (Score:2, Insightful)
Seriously though, why would you be such a biatch to someone who's trying to do something FOR you. She helped coordinate the event that gave you FREE food (although those wraps were a funky colour), FREE software, and FREE sessions.
Oh well, I've read enough complaining in this post already; it's about time I stop contributing to it. I can't believe this made the front page.
Separately Licensed Software (Score:5, Informative)
The general idea here is that software -- all software -- is licensed independently of the media it comes on. For example, if you lose or damage your Windows install CD, you can order a replacement for a small fee. The license that you purchased originally is still valid, and is what counts.
These CDs are also used with the various volume licensing programs (Open, Select, and so on) that Microsoft offers. Basically, you order licenses for your organization separately, and then order however many media kits you want or need. You can find more information on these programs at http://www.microsoft.com/licensing/ [microsoft.com].
Now, as far as these discs go: Without a separate license agreement, they are not legal to use. It sure sounds to me that no such license agreement was distributed. I would be very careful about using such media unless I received an agreement.
The fact that some marketing dweeb at Microsoft handled them out is not enough. The fact that the same dweeb said it was okay is not enough, either. A dweeb is not a legal license agreement. Those facts would give you plausible denial in court, and likely decide the case in your favor, but it would have to go to court.
Finally, I doubt Microsoft has any nefarious intentions here. I suspect that Microsoft is just like any other large company, and that as such, they employ people (like this marketing dweeb) who don't understand that software licensing is a legal contract. I'm sure it never occurred to him that he was doing something wrong. Most people don't think before they pirate software. Heck, far too many people don't think, period.
The fact that Microsoft's own people have this problem is certainly ironic, and highlights just how crazy the world of software licensing is.
Zealots, please note: Free/Open Source Software is still licensed. You need to very carefully understand your rights and obligations under a software license, be it a Microsoft EULA, the BSD license, or the GPL. Failure to do so may open you up to legal problems, regardless. (Go ahead and incorporate some GPL code into a closed product, and see how the FSF reacts.)
Perhaps your VS.NET is already licensed... (Score:3, Informative)
I agree with the article that "Sasha" (the MS point-of-contact for the student tour) is out of the loop concerning licensing issues--understandable since keeping everything straight is something akin to brain surgery and rocket science. Sasha might reply after talking to one of the MS High Priests of Licensing saying as much as I've stated above.
If in doubt, ultimately I'd talk to the UofC's Computing Services department--or the departments of Computing Science or Computer Engineering--to inquire about how student licensing works (ie it it technically property of the U of C and you only buy the media--or whatever).
I don't know how it works at the U of C, but at the U of Alberta bookstore, you didn't need to be a student to buy most anything there, but for software it was a different story--you needed to present a valid, current student ID card and fill out documentation before you could cart your purchase home.
It was many years ago when I did that (1996), however when I bought MS Office it didn't come with the same licensing documentation (certificate, registration postcards, etc) that retail (or even OEM) software was packed with. Perhaps that meant it was licensed to the U of A for use by all students who bought the media. However I didn't really care then about the legal details of licensing at the time. Come to think of it, I don't now either. I don't purposely go out of my way to "steal" MS software, but it gets legally murky when your software library from MS is a mishmash of retail, OEM, NFR copies obtained from being a former "MS Partner" and student editions. If I worried about it I'd get ulcers and never have time to do real work.
MS is not doing anything wrong (Score:3, Insightful)
Already In Violation (Score:4, Funny)
False alarm. I went to one of these... (Score:5, Informative)
Wow, I never thought I'd be defending MS, especially on
bah (Score:5, Insightful)
I mean, geeze. In that e-mail exchange the story linked to, one participant wasn't making sense, and it certainly wasn't Microsoft. 'Here, have this software' 'There's no license' 'Well you can use it for non-commercial use' 'Just this software?'. That last one kills me; he knows perfectly well that 'for that single piece of software we gave you you don't need a license' doesn't imply in any way that he doesn't need a license for ANY Microsoft software ever again. Don't try to make it sound like MS is being all contradictory.
Civility, please? (Score:5, Interesting)
Submitting the site to slashdot was unjustified in light of how the problem was being handled, and it was a breach of trust on the part of the submitter.
Anyone notice... (Score:5, Funny)
Hi Lance
I am going to forward your request to my managers. Please stay tuned, I will get back at you ASAP.
Sounds like he's gonna sic the ms lawyers on you for messing with him. =)
Drugs and software (Score:3, Insightful)
You give it away or sell it very cheap, until your enough customers are hooked.
Then you raise prices.
Remember piracy is the best thing that has ever happened to Microsoft.
In other news (Score:3, Funny)
Oh yeah. (Score:3, Insightful)
It's called "legitimate and legal use".
oops.
This makes perfect sense... (Score:5, Insightful)
Spammers usually define spamming as "That which they do not do."
Here, we have a case where Microsoft is simply redefining software piracy as "That which we do not do."
Since Microsoft has also been known to spam, and has tried to weaken anti-spam laws [nwsource.com] in their favor, it comes as no surprise to me that the left hand has no idea of what the right is doing when it comes to handing out software.
Spammer logic. Amazing -- and kind of frightening -- how contagious it is.
Re:Watch Out (Score:2)
(clears throat)...Microsoft is attempting to trap you! Watch Out!
Hang Bill Gates! Nuke Redmond! Death to all IE users!
Ooh-Ahh!
Amen (Score:5, Funny)
Absolutely. Now Microsoft has a list of people who they can audit and definately find that they are using illegal unlicencesed software. A claim that someone at M$ told you that pirating was OK is hardly going to be a defense.
Re:Give it back (Score:2)
Microsoft is making a real effort (i.e. Activation in Windows XP and Office) to eliminate software piracy. If Microsoft is serious about it's licensing policy, then the company shouldn't have a double standard in regards to it's own people handing out software. If Lance wants to make sure that he has a legitimate product before investing the time to learn it and use it, that seems to me like the right thing to do.
Either make the product free/open source/what
Re:What would the BSA think? (Score:3, Interesting)
Re:Sad (Score:5, Informative)
I don't think Sasha deserves this kind of attention for merely helping present an offer to his former peers, and I know some students who will be expected to program in this enviroment for thier c-op work terms and future employment are finding it very useful.
Frankly if the person who made this site has a problem with things he isn't being forced by anyone to use the software and wasn't forced to go to the conference either. He ccould also go to the Microsoft MSDNAA site and print off his coveted license.
Although the presentation did seem rather like a Microsoft propoganda tour it was his choice to go to it.
Believe me I am no microsoft junkie, but this story is ridiculous and knowing Sasha personally to be a very kind person it seems wholy unfair.
Re:Sad (Score:3, Informative)
> holographic authentication codes, and metal foil
> woven into the paper.
The only license one is required to present is one which refutes any claim by Microsoft that whatever you are doing with the disputed software is unauthorized. A printout of an email from an authorized agent or employee of Microsoft would do just fine.
Microsoft email naming conventions (Score:3, Informative)
I should now, I work there. Emails with a single letter prefix followed by a hyphen are not full time Microsoft employees. Email addresses beginning with "t-" belong to interns, those beginning with "v-" belong to vendors (i.e. consultants or similar temporary hires) and there are also "a-" emails which I've rarely seen so can't remember what they indicate.
As for whether the post is insightful or not I was merely stating
Re:Microsoft email naming conventions (Score:3, Informative)
Re:License v. Copyright (Score:2)
Re:Go license nazi! (Score:4, Insightful)
If Sony gave you a CD-R copy of the latest hit CD, and audits were regularly performed in the environment you listened to it in, would you take it, or would you kindly ask Sony for some proof that you own it so you can't get in legal hot water later?
He's being responsible. If he didn't care, it's basically saying that MS not only is the licensee, but ALSO the enforcer. Since we know that copyright law is a federal matter, I don't think a federal lawyer is going to take an email from an MS perma-temp as proof that you own it.
Mind you, its funny how those who call this a nit-pick are likely the same people who can't imagine something like this EVER happening to them. The likelyhood of an audit is low, but it can happen (our 30 person company just got BSA-d), and the responsible ones have their legal asses covered.