BSA Accuses OpenOffice Mirrors 808
sqrt529 writes "A German university was accused by the BSA of pirating MS Office, because they mirrored OpenOffice.org. The scripts from the BSA only check for "Office" in the filename and then automatically send out notices to the ftp admins. Did any of you get similar notices from the BSA?"
just curious (Score:2, Interesting)
Yet, do they, actually comes into every FTP posted on the web, or did they war-scan the internet for ftp-sites? that may infringe some suits with internet providers and their AUPs...
hmm...
Change the LA for ftp sites (Score:5, Interesting)
Up for penalty? (Score:5, Interesting)
BSA represents that the information in this notification is accurate and states, under penalty of perjury, that it is authorized to act in this matter on behalf of the copyright owners listed above.
So the BSA has perjured itself; now what is the penalty?
Guilty of Perjury (Score:4, Interesting)
BSA represents that the information in this notification is accurate and states, under penalty of perjury, that it is authorized to act in this matter on behalf of the copyright owners listed above.
And how is this different in truth from the common statement "You are receiving this message because you opted-in to our marketing list to receive special offers."
This beggars belief (Score:5, Interesting)
Filename:
The above computer program(s) is/are being made available for copying, through downloading, at the above location without authorization from the copyright owner(s).
It seems almost astonishing that even the BSA can be as utterly incompetent as this (does BSA stand for Bloody Stupid Alliance?). Unless you go for the conspiracy theory that they're deliberately hassling their clients rivals...
Disturbing (Score:2, Interesting)
Re:Up for penalty? (Score:5, Interesting)
invalid e-mail address? (Score:5, Interesting)
>> FTP Login Name: anonymous
>> FTP Login Password: guest@nowhere.com
Hmm. Using a spoofed (or at least, invalid) e-mail address?
As most FTP servers allow anonymous access if you "Please provide e-mail address as password", I'd call that gaining access under false pretences. Is the BSA representing those same companies that get so pissy when people (for privacy reasons) use spoofed details on web "please register" forms?
If they can do it, so can we. I won't feel so guilty - not that I did anyway - next time I install software and register it to "nobody@mindyourownbusiness.com"..
BSA aren't the only idiots these days (Score:4, Interesting)
The BSA aren't without Sin here (Score:5, Interesting)
In the UK this could be construed as attempting to access a system un-lawfully
Re:Up for penalty? (Score:5, Interesting)
Ha!
I'd've spent DAYS scouring every open directory on the aforementioned server, just to verify that no copy of MS-Office was on there, then send them the bill. And use that clause as justification. Run it through court, and you've got a decision against the BSA showing that, at least once, their practices were shoddy and their information unreliable.
Wouldn't *that* be a great thing for the next recipient of a BSA-extortion-threat to point to?
In Yo Face (Score:5, Interesting)
It's clear the much feared BSA has made a mistake.
However, since their actions in the past have caused untold scrambling to find licenses on the part of many law-abiding but sloppy businesses, I think it is only fair that BSA likewise be caused to scramble. Because the BSA, likewise, has now been sloppy.
The university should have lawyer draft up some pompous letter indicating that
[I know, it will be only a paper tiger and never stand up. But I'm sure I'm not the only one that fantasizes about seeing the BSA have to eat their own dogfood for a change.]
FTP Robots.txt? (Score:2, Interesting)
BSA sue BSA (Score:4, Interesting)
They might also be sued for for cyber squatting on BSA.org,com,net,etc...
Microsoft Stretch? (Score:3, Interesting)
Seriously, though - isn't this an "evil stupid BSA" topic? We'e had a dozen or so "evil stupid BSA" stories in the last few months - why not make an "evil stupid BSA" logo? Since "BSA" is also the initials of the Boy Scouts of America, why not make it like a three fingered salute with a big "NO!" slash through it?
Then again, after hundreds of stores on Google there's still not a Google Topic, so maybe you have to piss of Slashdot before you get your own topic. I'd say you have to advertise on Slashdot, but Google already does that (with those little, yellow, different server rack accessories).
BSA scanner ranges (Score:3, Interesting)
"good faith belief" (Score:3, Interesting)
Here's an idea: Let's sue the BSA! (Score:5, Interesting)
Re:my rights online (Score:2, Interesting)
"BSA represents that the information in this notification is accurate and states, under penalty of perjury, that it is authorized to act in this matter on behalf of the copyright owners listed above."
Note the second part, where they claim to be acting on behalf of the copyright holder, under penalty of perjury. It's a step that they apologized, at least, but by their own statement, are liable to a lawsuit for perjury here.
So what would you ask the BSA? (Score:5, Interesting)
Re:Harrass them right back! (Score:5, Interesting)
Sue them for diffamation. In some moment they should learn that accussing someone for things nobody did have a cost (at least a generous salary for the one that had to check their affirmation, administrative costs, etc).
Terrorists don't have to send bombs around to spread terror and cause economic chaos... just mail in the name of BSA letters to all companies that inform that illegal software was detected in their systems and next week will go a team to check licenses, and billons of dollars will be lost.
In fact, I think BSA is fitting very well in the "terrorist" definition, could US army invade them to avoid further damage?
Re:Guilty of Perjury (Score:5, Interesting)
BSA using bad anonymous login (Score:5, Interesting)
login: anonymous
password: guest@nowhere.com
I doubt that the address guest@nowhere.com connects to the person that runs the script for the BSA. If servers had the policy requirement that all anonymous access required a valid email address as the anonymous login password the letter from the BSA would provide a valid point to charge the BSA with illegal access to a system.
Also if the BSA does not represent the copyright/left holders for OpenOffice then the BSA is open for a claim of false representation.
>> Based upon BSA's representation of the copyright owners in anti-piracy
>> matters, we have a good faith belief that none of the materials or
>> activities listed above have been authorized by the rightholders, their
>> agents, or the law. BSA represents that the information in this
>> notification is accurate and states, under penalty of perjury, that it is
>> authorized to act in this matter on behalf of the copyright owners listed
>> above.
Re:wow... (Score:4, Interesting)
Re:Harrass them right back! (Score:5, Interesting)
from the mail
BSA represents that the information in this
notification is accurate and states, under penalty of perjury, that it is
authorized to act in this matter on behalf of the copyright owners listed
above.
they (BSA) obviously played it very softly(apologies and thanks), cause they feel a little weak on this one.
Re:analogy time (Score:3, Interesting)
The thing of note here is the time that it took to respond to this letter, if nothing else, the BSA should at least be billed with that, nonwithstanding the original letter's claim that under penalty of perjury the BSA was acting on behalf of the copyright holder (which they were not).
Re:Open Office Outlawed (Score:5, Interesting)
The BSA is certainly morally corrupt but I must admit I don't understand what the parent poster was trying to say by suggesting they should fall under RICO.
-j
False identification (Score:2, Interesting)
Infringement Details:
First Found: 24 Nov 2002 15:31:40 EST (GMT -500)
Last Found: 24 Feb 2003 01:19:59 EST (GMT -500)
IP Address: 128.176.191.21
IP Port: 21
Protocol: FTP
FTP Login Name: anonymous
FTP Login Password: guest@nowhere.com
I'm sure the owners of that domain would be happy to know about the false identification the BSA is using...
MPAA does this too (Score:4, Interesting)
Re:Wow. That's stupid. (Score:5, Interesting)
Hell, isn't that illegal under the DMCA? They're circumventing a protection measure to gain access to digitally protected work. Heh. That'd be awesome, if someone would sue the BSA for breaching the DMCA...
Also, here in the US, it's very common to be charged a flat fee for internet service, such that one would pay (say) $400 a month for a guaranteed pipeline of 3Mbits (numbers are made up, but you get the idea.) Whereas, in other parts of the world, billing is much more commonly based on the amount of data transferred. Which means that if I host a server here, I pay for the line to it - no matter if the machine is accessed once or two million times in a month, whereas in other countries (especially Europe, including Germany), the difference between once and two million accesses is quite large, and may result in higher bills due to more data transfer.
My point is that the BSA wasted bandwidth, needlessly scared a sysadmin at a German university, and may have even violated the DMCA in doing so. Again... Wow, that was stupid of them.
Re:Open Office Outlawed (Score:5, Interesting)
Hmm... (Score:2, Interesting)
Hmm... when I log into the server it asks me for my complete email address:
User (128.176.191.21:(none)): ftp
331 Guest login ok, send your complete e-mail address as password.
Password:
Yet the BSA used
>> FTP Login Name: anonymous
>> FTP Login Password: guest@nowhere.com
But nowhere.com exists, and is someones homepage! Is it good that they
a) abuse someone elses domain by logging requests as being from someone else
b) don't comply with the very valid request to supply contact details for the person accessing the ftp server.
Grr!
Re:So what would you ask the BSA? (Score:5, Interesting)
OK, seriously: Tell him to presume innocence rather than immediately assume guilt. Tell him that, believe it or not, there are a lot of people and businesses that use software which is not only ok to copy freely, but such copying is highly encouraged. He needs to find a way to get his mind around that and set policies in place to deal with it.
If I were grilling him, I'd ask him something along the lines of "So if you find this small business that is using illegal copies of non-free/commercial software, do you immediately persecute them or do you suggest free alternatives? Why not? You want businesses to stay in business, right? Well then why not show them the error of their ways, and then show them how not to get in trouble again -- without causing any artifical financial hardships on them? If they pirated MS Office because they couldn't afford it, why try to get blood from a stone?"
Pipe dream, I know. The BSA is basically the brute squad, and exists only to enforce "taxes". But it sure would be nice if they were at least slightly constructive, and actually helped businesses build the economy.
-B
Making a legal "illegal" server (Score:4, Interesting)
Putting up a server with tons and tons of mp3 files named after popular songs. Don't put up the real files however, just audio clips with a voice saying "this is not the file you are looking for" and enough silence or noise to make the filesize/length similar to an actual mp3 of the song.
Next, let several well-respected citizens, or perhaps those in law see that the site does not contain any real copyrighted music.
Wait for the cease and desist. Ignore or send a somewhat ambiguous reply stating something like "there's nothing to cease" but not mentioning the lack of actually pirated files
Wait for the court case...
Even with a crap lawyer, having some strong witnesses and playing 1-10 of the supposed pirated files to demonstrate that the *AA (or BSA) do not actually check file contents but simple use shitty filters and scare tactics should make the case an easy win - and leave the plaintiff with egg on their face.
*note: This works better since I'm in Canada. Loser pays the legal fees, and there's always the countersue, etc, as well as I believe measures for frivolous lawsuits.
Request: BSA rep for /. interview (Score:4, Interesting)
Re:The BSA aren't without Sin here (Score:1, Interesting)
If you check the BSA e-mail, they logged into the anonymous FTP resource with the address "guest@nowhere.com", which is obviously fake.
It is my understanding that, to protect the civil liberties of the citizens, a law enforcement agent must first obtain a search warrant before performing a search of this nature. It is very sneaky for the BSA to find a way to only act as a law enforcement agent without actually being recognized as one, since they are not constrained by the same requirements as official law enforcement agents. That lets them get away with whatever violations of the citizens' civil liberties that they want to, without being constrained by the other branches of government in the way that these branches check the executive branch.
Re:MPAA does this too (Score:3, Interesting)
I could understand using 'decss' as a string to find and automate warning letters about (*If* you are willing to accept that decss was an immoral program, I disagree, but for the sake of argument..), as it is a rather unique name to the application at hand, and is not likely to be shared by something accidentally.
Office, however, is a rather generic name. It happens to be the only part of the MS Office name that is common to most of the warez zip files, I would guess (I actually don't have a warez copy of Office, the only copy of Office I have is the Office 97 that shipped with an older Gateway system, and I happen to only use it on that system, since it also is the only Windows machine in the house).
StarOffice, OpenOffice, and probably others would share this problem, and their script should be more careful about checking for this.
Of course, I don't expect too much out of the BSA, they are essentially a group of professional extortionists whose practices are probably illegal if thoroughly tested in court. Threatening to tell on you unless given money seems illegal to me, I would think they would have to go straight to court before doing anything, and that is only if the company being represented has signed off to let the BSA act on their behalf.. Of course, people running Linux and OpenOffice have nothing to worry about
MIT's policy about the BSA (Score:4, Interesting)
Subj: MIT's policies regarding copyrights
---------------
In recent weeks, many members of our Community have received a letter from BSA (Business Software Alliance; www.bsa.org) and/or heard BSA sponsored advertisements regarding software licensing compliance.
At this time, I write to remind people of the Institute's copyright policy (see: for a complete statement of the policy):
At this time, MIT is not aware that the BSA has been granted authority to enforce the copyrights of its members. If the BSA contacts you regarding an alleged infringement, MIT's standard practices should be followed. The BSA should be directed to Stop-it, the MIT unit with responsibility for following-up on copyright infringement complaints resulting from network-based activities. Stop-it is found at stopit@mit.edu or at .
Without specific written authority from a copyright holder or other valid legal authority, the BSA has no right to inspect MIT computers for illegal copies of software. MIT most likely will have licenses covering the software in question. Those licenses often spell out the audit rights of the vendor as well as the rights MIT has to make copies of the software. Anyone approached by the BSA with a complaint of software piracy should confirm the license status before proceeding further. In the event appropriate licensed use cannot be confirmed, James D Bruce, VP for Information Systems, should be contacted for appropriate follow-up with BSA representatives.
For further advice on matters concerning BSA inquiries or copyright infringement in general, please contact the Office of Intellectual Property Counsel at (XXX) YYY-YYYY, the Office for the VP for Information Systems at (YYY) XXX-XXXX or Stopit (stopit@mit.edu).
Re:Penalty of perjury (Score:3, Interesting)
IANAL, but I'm evil and devious enough to be one.
It's a good thing... (Score:1, Interesting)
This just makes the BSA look extremely lazy... you'd think they'd at least have someone that verifies what when script finds before the emails are sent out.
Timely Story (Score:3, Interesting)
This USA Today account [usatoday.com] of a small business owner that went through license flogging, a fine, then wiping clean and starting fresh with open source software.
False claim of copyright (Score:5, Interesting)
In California, it's probably extortion, too. [lapdonline.org] "Extortion: To unlawfully obtain money, property, or any other thing of value, either tangible or intangible, through the use or threat of force, misuse of authority, threat of criminal prosecution, threat of destruction of reputation or social standing, or through other coercive means." That's a felony. Because there was an illegal predicate act, the "unlawfully" element of extortion is satisfied.
Some legal action is definitely indicated.
This is an easy one. (Score:3, Interesting)
If they don't comply with the audit sue for the additional costs incurred to accused organization to protect itself from future false accusations (extra, unnecessary due-diligence required to deal with the BSA's reckless behavior).
Hopefully this can become a $1M mistake for the BSA which might begin to moderate their behavior.
Re:invalid e-mail address? (Score:3, Interesting)
Apparently nowhere.com [nowhere.com] belongs to an artist by the name of Nick Phillip. It seems that he has hooked it up to a bank of fax machines [vwh.net] to print out the mail bounces that get sent to it due to spammers using that domain name for their return email addrees.
Perhaps someone should contact him and suggest that he sue the BSA for attempted identity theft?
Stephen
Re:Open Office Outlawed (Score:5, Interesting)
The BSA is effective because many companies are rather cavalier in terms of piracy to the point that executives have moved right into the criminal violations catagory. Faced with a choice between paying the BSA's fine and actually having a law enforcement agency invistigate they go for the fine. I've seen far more piracy in corporations than I have BSA abuse. Managers that would never think of allowing (or sometimes even ordering) employees to steal physical goods have no problems ordering them to do the same with electronic property.
Re:At least vigilante retaliation isn't legal yet (Score:3, Interesting)
FTP is a file-sharing protocol, isn't it?
You actually have a very interesting point. Lets look at file-sharing protocols and RPC-based protocols for generating and sharing files:
FTP
HTTP
SMTP
Jabber
Various proprietary IM systems
NFS
AFS
Etc.
If the BSA/RIAA/MPAA was allowed to do retaliatory attacks, it would be theoretically possible to attack any site at any time.
Re:Open Office Outlawed (Score:3, Interesting)
#!/bin/sh
donec=1
while [ $c -lt 21 ]
do
Nowhere.com might be able to sue... (Score:3, Interesting)
Note that they impersonated someone from "nowhere.com" when they signed in to the FTP server - that domain is owned by:
Re:Open Office Outlawed (Score:2, Interesting)
IANAL but according to the email these statements are being made under oath. Also according to the apology:
She purgered herself by when she declarce the info was correct without validating it.
Ha! interesting! (Score:4, Interesting)
What was located as infringing content: /mandrake_current/SRPMS/OpenOffice.org-1.0.1-9mdk. src.rpm
(199,643kb)
Filename:
Filename: /mandrake_current/i586/Mandrake/RPMS/OpenOffice.or g-libs-1.0.1-9mdk.i586.rpm
(35,444kb)
Notice the line:
Filename: /mandrake_current/i586/Mandrake/RPMS/OpenOffice.or g-libs-1.0.1-9mdk.i586.rpm
(35,444kb)
The bolded text is what the script must have caught! how hilarious! it searches for *MS*OFFICE* LOL What a lame script! whoever wrote that script needs to be shot!
Re:Open Office Outlawed (Score:3, Interesting)
Many of the tactics that BSA employs would actually be illegal if the law was applied in an even-handed approach.
Name three, please.
Extortion, racketeering, and violation of due process.
Re:Do a good deed daily (Score:3, Interesting)
Since this was the second story today of copyright enforcers using file names as evidence of infringement, I've added these names to one of my web directories:
Barbarian.html
OpenOffice.html
SoldierOfFortu
This should get me some cease-and-desist letters. Can we get a list together of other file names that we should have that will attract their attention? I'll link to all of them. Everyone else should do the same. Maybe we can get this idiocy out into the open. Or even better, into a courtroom.
Re:Open Office Outlawed (Score:3, Interesting)
I believe it is fair to ask them to send a public letter, or at least a letter to each of the sites that they have threatened to clarify the matter as a fault on their part.
Open Office XP (Score:2, Interesting)
Stupid to run an automatic system like this (Score:3, Interesting)
Re:Time to make some "Special" zip files... (Score:3, Interesting)
"600 MB" which takes just a couple of KB on your HD.
Re:So - TELL US WHO THIS NAZI IS! (Score:1, Interesting)
Depends what you planned to do with the information once you got it.