Using Unauthorized Software Copies a Felony in Arizona

George Toft plug-discuss@lists.plug.phoenix.az.us
Sun, 26 May 2002 12:17:48 -0400


"John (EBo) David" wrote:
> 
> George Toft wrote:
> >
> > This is quite clear.
> 
> to you maybe...

I was a lawyer wannabe, so legalese is almost understandable.

> 
> > You should read the CBDTPA.
> 
> and what is that?  Several days ago I read the documents pointing to
> this legislation.  

In a nutshell, this bill requires the installation of hardware copy 
protection devices on all hardware capable of playing digital media.
So your next computer will be unable to copy mp3's, mpg's, avi's, 
etc.  Eric Raymond's wife, a lawyer, did an excellent article on why 
this is bad: http://linuxandmain.com/essay/craymond.html


> I would need to get a lawyer in order to make sure I
> am in compliance...  So, an unregistered copy of my browser displays a
> M$ icon because I have to go to a URL to check something.  M$ is
> registered, I am not sure if my copy of Netscape is registered... and on
> it goes.  God forbid that I happened to be an admin for a company whose
> owner would walk in an pop whatever suited their fancy on their
> machines.  Am I responsible when someone else puts stuff on a machine I
> admin?  What if one of those machines belong to me?  ummm... enough of
> this...

If the owner does that, that is at his risk.  It is foolish, as the
SBA is using the courts to force software audits on companies.  If
a company does not comply, SBA gets a court order to inventory the
software.

This is why companies use Windows NT instead of Windows 9x for
user control.  My NT desktop machine is locked down so tight, all
I am allowed to change are my screen properties, files on the Windows 
Desktop, and files in my profile directory.  If I need software installed, 
I open up a change request, which goes through budget review, my manager 
has to allocate money to buy the License, and it gets installed two weeks 
later by a help desk person using SMS.  

As iron-fisted as this sounds, this is what is required to protect the 
company assets from the likes of the SBA and viruses (all things evil).

Strangely enough, even the US Navy has a policy about software piracy.
It says: If your command pirates software, reserve $250K in your budget 
per copy so you can pay the fine if you get caught.  Commands don't
pirate much software.


> I do not worry overly much since I have such shallow pockets.

So did Phil Katz.  He created pkarc/pkxarc, and was sued by System
Enhancement Associates for using their file format.  So he created
pkzip, and made the zip format free to the world.  He died just over
two years ago: http://www.esva.net/~thom/deadkatz.html

Shallow pockets or not, judgements siphon off future earnings, so
your prospects of ever getting deep pockets diminishes rapidly. :)
See, I told you was a lawyer wannabe (then I saw the light).

George