Former DrinkOrDie Member Chris Tresco Answers 888
1) How clueful are they?
by jeffy124
In your opinion, how did the each party (prosecution, your lawyer, and
most important - the judge) look when it came to their understanding of
technology? Did they know every nook and cranny, or seem lost in a maze
of confusion? Do you think an understanding of the issues in question
was a significant factor in court proceedings?
Chris:
That is a tough question to answer considering the organizational structure
of the government's side of things. The prosecution works very closely with
other units of law enforcement when it comes to technically challenging
cases like mine. In my situation, the government prosecutors were very well
briefed about how the technical aspect of the warez scene work. They are
briefed by law enforcement agents who are very technically savvy and able to
sift through all of the data that they are presented with at the time a
warrant is carried out. With this data, the agents build a packet of
evidence that the procecutors can look through and easily understand. They
had a plethora of evidence on which to build a case against me and it boiled
down that all the ones and zeros that the agents were able to pick through
added up to copyright infringement in the prosecution's eyes.
The judge doesn't really see the technical aspect of the case. He sees a report of the evidence, which is written in clean English, and makes his decision based on that.
My lawyer isn't very technically adept, but lawyers are pretty bright. He was able to grasp the concepts of everything, if he wasn't able to, he wouldn't be my lawyer. :) Besides, I was able to coach him through most of it.
2) "The Bust", WarGames or Matrix?
by msheppard
What was "The Bust" like? Was it like _WarGames_ where they showed up in
black vans and confiscated your computers and rifled through your
trash? Or was it more like _Matrix_ where they called you in and
presented all sorts of evidence they collected online etc.?
Chris:
I would say that it was a cross between the two. I will lay out exactly
what happened to me:
I was sitting at my computer chatting with a fellow DOD member on IRC. All of a sudden I noticed my net connection died. When I went to walk out the door, a U.S. Customs agent met me. "Mr. Tresco, My name is XXXXX, I am with the U.S. Customs Department. Would you mind coming with me?" As I turned the corner, there were about 20 law enforcement officials combing the halls of my workplace. We proceeded to a conference room where I answered questions for the better part of the day while the agents proceeded to carry out their warrant. They were looking for specific systems that were on the warrant. They had IP addresses. Technically, they had the authority to take everything on the network that the computers identified on the warrant were on, however they followed the warrant pretty strictly, taking only the stuff on it. It was really the hardest day of my life. I had no idea what was going on most of the time. I felt like I was in a dream.
3) Was there a feeling that DoD was too big?
by crunnluadh
The incredibly large volume of warez DoD was trading must have been
staggering. At any point in time did you or anyone else in DoD ever
think that the whole ring was getting way out of hand? If so, what ever
came from that or those discussions?
Chris:
In terms of percentages of releases put out by DOD in relation to the scene,
we weren't doing all that many. We did, however, have quite a large number
of ftp sites that were being heavily utilized. One of our private leech
sites was larger than a terrabyte of games and movies. It was constantly
being uploaded to and downloaded from. This should give you an idea of the
amount of trading that was going on.
To answer your other question... I felt on a daily basis that things were getting out of control. There were times that I did actually quit, but only for a day or so. IRC always brought me back online. That was my biggest mistake. DOD was a warez group, yes... but imagine a bunch of guys/gals sitting around talking all day and suddenly you stop showing up... You start to miss that type of interaction.
4) Feelings?
by Sebastopol
Are you scared about going to prison? Do they prepare you in any way
before you enter the facility, or do they just throw you in and that's it?
Just typing these questions make me uncomfortable.
Chris:
I am very scared to go to prison. I have never been in any sort of jail in
my life. They prepare you in the sense that they tell you where and when to
go, what you can bring, and what type of facility it is. The rest is done
through books and my lawyer, who has been really great through this whole
ordeal. I am fortunate enough to be assigned to a minimum security facility
close to my home.
5) If it wasn't about the money, what was it about?
by wackybrit
You were a sysadmin at MIT, so were probably pulling in a pretty good
wage.. at least, probably better than 50% of the Slashdot readership anyway.
So if it wasn't about the money, what was it about? Prestige is one option, but people in these groups need to keep hidden, so that doesn't fit. Was it for the ideals? If so, what ideals are there in ripping off software?
I can understand why people who can't afford software rip it off.. they have stuff to do, and can't afford $500 for Photoshop or whatever.. but tell me why someone with a decent salary will work in secret to beat the software companies.. what is the motivation?
Chris:
My motivation had absolutely nothing to do with the software, the prestige,
the civil disobedience, or the mysteriousness of it all. My motivation was
purely and simply putting technology to work. I have always been a curious
cat, like most of you that read Slashdot. I was basically the Sysadmin of
DrinkOrDie. I love to make computers work together, build up networks,
install services, lockdown boxes... you guys know the drill. I got very
carried away with what I was doing and forgot to confide in my moral self.
I knew I was doing wrong, and yes... to clear anything up... it is
absolutely wrong to steal software from a company. Whether it is ones or
zeros or bags of money, it is stealing. If for no other reason, it is wrong
because of the license agreement. If you don't agree with the license,
don't use the software.
6) questions from a fellow cracker
by Anonymous Coward
I am a cracker from a fairly well known group, living in the US. We take
normal precautions (encrypted email/irc), but there are clear
vulnerabilities that cant easily be eliminated (topsite accounts and the
possibility of trojaned supplied software, etc.). The dod bust stunned
all of us with the lengths of the sentences, which seem out of
proproportion to the crime. I find myself asking more and more whether
the risk is worth the fun. We are all in it for the commaraderie and the
friends (and the access to files); of course none of us are making any
money from it. My question is, if you had it to do over again, would you
stay out of a group, and of the scene? Were there risks you took that
you sholdn't have? What were they? Any advice to someone still in the
scene who wants to stay but worries about being caught?
Chris:
If I had to do it over again, I would absolutely not get involved with the
scene. The scene is technically organized crime... that is it. Mobsters
have friends too, but would you want to go to prison for what you and your
fellow comrades are doing on the net? Isn't it better to pay for the
occasional piece of software you might want than to pay with 33 months in
federal prison? I think so... And you say here:
"I find myself asking more and more whether the risk is worth the fun."
That is the wrong way to think about it. You are asking yourself if it is worth something to commit a crime. What you should be asking yourself is, if what you are doing is fundamentally wrong. If it is (and I would say that it is) then stop doing it.
To answer the rest of your question... The only pertinent risk was getting involved with the scene in the first place. You will get caught sooner or later if you continue doing what you are doing. My advice to you is to get out while you still can. Any precautions you take are easily circumvented. For example, email encrypted via PGP is only as strong as the people who get the email. If the government busts 20 people in your group, the odds of one of the people giving up their passphrase is pretty good. from that point, all the mail is readable. Encrypted IRC is not going to do it either. What if one of the people you are chatting with is an informant? Encryption becomes meaningless.
My advice: get out of the scene.
7) Plans for your stay?
by zbuffered
One of the things about jail is that you have nothing but free time. So
what do you plan to do? Study for a new career? Work out constantly?
Plan your escape? Learn to speak Sanskrit?
When you get out, you will have had 33 months of basically no real responsibilities. If you find a nice, cushy prison, you can get some real work done. Are you going to use this time to make your life when you get out of jail better?
Also, when you get out, what do you plan to do? Something in the computer field, or do you plan to change your path when you get out? If I were in your place, I think I'd just get fed up with computers and become a florist or something.
Chris:
During the time I am in prison, I will educate myself. I will hopefully be
able to take some classes towards a degree. Since I love working with
systems, I will hopefully be able to school myself in the art of business
and compliment my technical skills. My passion lies with IT, I would love
to take the education I get from prison (formal or not) and use it to better
my career and make me a better person.
8) Rise of P2P?
by Rayonic
How do you feel about the rise of P2P and its affects on the Warez
community? Do you think it makes it safer (safety in numbers?) or do you
think that it'll bring down the fist of the law even harder?
Which P2P networks did you prefer, if any?
Chris:
In the context of the warez scene, P2P networks don't play any part. They
are essentially mutually exclusive members. I think that people in the
warez scene used P2P networks just as frequently and for the same purposes
as the majority of P2P users. P2P and the warez scene do, however, relate
in one fashion. Both networks utilize the internet as a means to illegally
distribute copyrighted works. This will affect both entities in that the
more illegal activity that goes on in general, the more law enforcement will
be trying to put an end to it. This puts more heat on both services.
Technology crimes are also a hot topic as of late. So popular that there
are many organizations, like the Software and Information Industry
Association (SIIA) at www.siia.net and the Computer Crime and Intellectual
Property Section (CCIPS) of the Department of Justice at www.cybercrime.gov,
whose sole purpose is to stop them from happening. Software companies
really do lose money from piracy, why else would they support these types of
organizations?
Oh. and I preferred ftp.
9) What is your opinion of free software?
by Billly Gates
If you plan not to pirate software again would you chose to pay for
commercial apps or would you use free software?
Has your opinion changed about free software vs commercial software because of your unfortunate experience?
Do you think strong armed tactics by the BSA and upcoming drm will actually help spread free software?
Chris:
I generally try to run linux on the desktop where ever possible. That being
said, I love free software, I used it when I was pirating and I use it now.
I am composing this in OpenOffice btw. :)
I think both free and commercial software have their place in the industry. I also think that DRM and the BSA won't really have any effect on free software. People and businesses who pay for software don't have to worry about these features because what they are doing is legitimate. In my mind, I would think that companies who are completely compliant who are targeted by the BSA would be happy about it. They would clear their name and be finally exonerated. With respect to DRM, I think this technology is mainly targeted at media right now. That being said, I don't think it will help spread free software. except for maybe free Ogg codecs and players. and a lot more Ogg-files.
10) Prove me wrong.
by _xeno_
I want you to explain if you disagree with the following and if so, why.
My understanding of this is that you were involved with the illegal distribution of copyrighted works, depriving the potential owners of money for the works (possibly - the reality may be "probably not," but...). You then received 33 months of jail time (or just under 3 years) which seems to me to be rather fair.
Based on the Operation Buccaneer information, you received counts of felony (criminal copyright infringement, probably), and conspiracy (to commit criminal copyright infringement, probably). (Both probablies are guesses based on the document.) This seems to be in line with what one would expect for charges against a ring of people whose sole goal is to steal massive quantities of software and redistribute them to as many people as want them at no charge. (The fact that there was no charge probably reduces the sentence to a degree, but the fact that it required specialized skills and involved a large collective of people acting together to commit criminal copyright infringement probably both outweigh that.)
So... why should I feel sorry for you? You got what you deserved. You stole from people and gave copies to as many people as you could. Based on the MIT press release, you illegal utilized systems you were supposed to be administrating for the purposes of illegally distributing software. As far as I can see, you got exactly what you deserved.
So - prove me wrong. Demonstrate that my understanding is flawed or that I am misunderstanding the crime. Demonstrate that it should not be a crime. Or - accept my view. Explain if you feel sorry for your actions and believe that you did indeed commit the crimes. Or come up with another response that does not fall directly between agree and disagree.
Chris:
Is this flamebait for the interviewee or what? :) I won't bite. Your
question seems to start halfway through your rant, so I will start there.
You shouldn't feel sorry for me. I committed crimes that I shouldn't have committed. I stole from innocent companies and now I am feeling the repercussions. I am not asking for pity nor am I looking to be put up on a pedestal for what I have done. I am simply here to tell people what happened and that it can happen to anyone who takes part in this type of thing.
Addendum:
My nickname wasn't mentioned when the call for questions was posted, I guess I forgot to tell Robin. I was known as bigrar, BiGrAr on irc. If anyone wants to ask any questions besides the ones I have answered, you can send me email at nospam@rarcom.com. Actually you can take a look at my website as well, at www.rarcom.com (my hosting company is going to kill me). I am setting up a service there called the "Free Software Mirror Project". Through this site, I hope to start a huge mirror system for free software. When these questions are posted to slashdot, I am going to make the URL all text, so as to not completely slashdot my hosters. The mirror system is unique because it will work the same way the warez scene works. with couriers, suppliers, etc. Drop me a line if you possibly want to help me out with this.
Thanks,
- Chris
Surprisingly good answers (Score:5, Insightful)
Kudos all around.
Re:Surprisingly good answers (Score:4, Interesting)
Upcoming NY Times headline (Score:5, Funny)
In other news, Microsoft donated more free computers to needy children on Thursday.
Just like Al Capone... (Score:5, Funny)
you can order a "slashdotting" from prison.
You, sir, are truely badass.
Re:Just like Al Capone... (Score:5, Funny)
Re:Just like Al Capone... (Score:2, Interesting)
Re:Just like Al Capone... (Score:2, Interesting)
Re:Just like Al Capone... (Score:4, Funny)
Happy about a BSA raid? (Score:5, Interesting)
That totally ignores the disruption, effort, and other impact that such an "audit" (sometimes just a jackbooted search without any warrant) has on the company. When you come down to all the commercially licensed software that is used at the "average" company, it becomes an enormous hassle for the IT staff to:
- Figure out who is using what
- Produce the proofs of purchase or whatever else is necessary
- Convince the auditors that there is no additional commercial software being used
The payware mafia are proud of saying that most audits are based on tipoffs from disgrunted ex-employees -- which scares most companies because, no matter how hard they try, they will have some disgruntled ex-employees. It doesn't have to be a tip based on fact, it just has to be believable enough to warrant an audit.Re:Happy about a BSA raid? (Score:5, Insightful)
A world of DRM software might reduce revenue for the BSA. "Poor, poor BSA!"
Re:Happy about a BSA raid? (Score:2)
Some of that crap dates back...What? FOUR IT managers ago? Two Office buildings ago.... At a couple of the workstations out in the workshop, they've got 386s and Win3.1...Just enough to let them run the purchasing database front-end...(and something that doesn't need a fan - which would be gummed up and on fire in days). Many companies go through this! WAUUUGH!
I wish I had enough money to write my own laws and have my own army to enforce them.
Who knows what survived the moves and the re-organizations, the buyouts
Maybe I'll be joining Chris here in a "Federal Pound-me-up-the-ASS Prison"...
Re:Happy about a BSA raid? (Score:3, Interesting)
1) I have inventory. Yes, it costs me money and time. But I know what software is on what computer. My users do not have access to install software on their work computers. As IT manager, I am fully responsible for the software installed on their machines. I do this not only to prevent piracy, but because it makes support tons easier. Any software that's on their computers is software that someone in my department can support.
2) I keep track of licensing. This is not so hard. It's annoying that some licenses come on paper, some come in email, or whatever. Most payware companies also keep track of licensing for you, now. But I keep track of licensing not because I'm afraid of being audited, but so that upgrades are easier and cheaper.
3) Again, users have no ability to install software outside what is provided. I believe, although I may be wrong, this would go a long way toward getting me an innocent-til-proven-guilty approach, if not from the BSA, but definitely if it went any further.
There's no question that the BSA's methods are unacceptable in any enlightened sense. But I do things for other reasons that would help in the case of an audit. It's a lot of work to keep track of this stuff, but it's easier than having to figure it out every time you want to license an upgrade. Or doing a survey to see who needs that upgrade and who already has it. And it's hard to keep users from getting installation rights, but it's better than having them break their own computers, or ask my staff questions about stuff we can't support.
Even if I used all freeware, I would still want to keep control of all this stuff.
Re:Happy about a BSA raid? (Score:3, Insightful)
Actually... this response had me thinking (Score:3, Insightful)
I can seem him feeling that what he did is wrong and going a little over board toward the copy infringement is theft camp, but somebody had to put those words in his mouth. The BSA are closer to customs agents at the Mexican boarder than they are to any useful policing force.
Lost your printed license documents? Oooh that's gonna COST ya!
Re:Happy about a BSA raid? (Score:3, Insightful)
"Stealing" and "theft" are generic terms that apply to anything that deprives someone of something that is rightfully theres, directly or indirectly. Copyright violations deprive the copyright holder or agents of the payment that is rightfully due to them, just as the GPL requires copyright "payment" in the form of derived works being under the GPL, openly distributed, etc. (I presume that every single person who yaps about software theft not being theft has no problem with Microsoft taking GPL code and copy out with Microsoft Winux?). Copyright violations are _theft_, and dictionary distinctions ring a little ridiculous.
Counterfeiting, like copyright violations, is easy to justify: I mean, where's the victim if you print off $100? Of course the victim is society as a whole, but that is hard to comprehend for the simpleton thought process of "Theft is stealing my bike" that we see on Slashdot.
Re:Happy about a BSA raid? (Score:5, Insightful)
Wrong. Using a specific term generically does not make it less specific. "Theft" implies the removal of a physical object (or pseudo-physical, such as money in a bank account) depriving the owner of its use. Illegal copying, while it deprives the owner of the copied work of compensation for the use of his work, does not deprive him of the work itself. That is why it is not theft. It is illegal copying, and is wrong, but it is not theft.
The BSA (also MPAA & RIAA) deliberately use the inaccurate terms "stealing" and "theft" because peoples' gut reaction (such as yours) is based on their experience of the true nature of those crimes. If they correctly used the terms "illegal copying" and "copyright ingringement" their case would arouse much less public sympathy. Their arguments are misleading in other ways, as well. It has been pointed out in other posts that they assume everyone who obtained an illegal copy would have paid for the software if the copy was not available. This is obviously misleading, and it is not the only example.
Of course I have problems with anyone who illegally copies someone else's work. But it is not theft. Software theft would be me shoplifting a copy of Windows from a store. This would deprive the store of a physical item (which they paid for) which they can no longer exchange for money (or something else of value). If, however, I work at that store and make a copy of the Windows CD, putting the original retail box back on the shelf, the store still has the copy for sale. My action in that case is illegal copying, not theft. The only thing the store (and MS) are out is the possibility of a sale. It is not certain that I would have bought a copy of Windows if I hadn't copied it. Thus, while making an illegal copy is wrong, it is not theft and does not have the same impact on the victim. It has some impact, but not the same. That is why equating "illegal copying" with "theft" is misleading and should be avoided.
There isn't one. There is only a victim if I then represent the fake $100 as real and use it to purchase something. In that case I am guilty of fraud, but it is still not theft (though it is closer to it than copying is).
No. Dictionary distinctions are what keep us from talking about everything as if it is the same thing. Rape != Murder, though both are violent. Blue != Purple, though they can be close. Theft != Copyright Infringement, though both are wrong. Talking about things using the correct terms is important if we are to properly understand them and their consequences. Without proper understanding we can not create a proper response. It will likely be either excessive or inadequate. Right now I think it is excessive, and will remain so until the discussion is couched in the proper terms.
This is my .sig! Get your own!
Free Software Mirror System? (Score:2, Insightful)
Hmm, it seems to me that you're making another warez site, and you are using the phrase "Free Software Mirror System" to cover it up. The other possibility is that you're trying to do warez with free software, which is completely ridiculous and unnecessary. So, before you do that, make sure you absolutely have boundaries set for yourself and know exactly what you're doing, because the feds might not see it as a free software repository but as a warez site. And what do you mean by "Free Software"? Is it software that you got for free and posted to the system, or is it truly GNU software. You have to be sure to make it clear to everyone that it is GNU software, and to make sure that the illegal software doesn't mysteriously appear. So, I would say, it's in your best interests to stay on the ethical side of things right now, and that seems kind of borderline.
Re:Free Software Mirror System? (Score:2, Interesting)
It's about the bandwidth (Score:3, Interesting)
The truth is that when a new distribution comes out, the bandwidth is quickly overwhelmed by everyone wanting to get the latest thing. What's wrong with trying to do this more effectively and efficiently?
The site doesn't say much about how this would work, but I guess if I actually knew anything about the technical aspects of how the illegal networks that he was busted for supporting function, it might be obvious. Doesn't seem like it would be too complex. You just have to have a couple of levels with good fan-out, and some way to find a mirror with capacity and spread the load so no site gets hammered.
Thanks, Chris! (Score:4, Insightful)
The standard rationalizations that I'm complaining about are, in no particular order:
- I steal because it's too expensive.
- I steal music because the RIAA is "evil".
- I steal software because it helps the company I'm stealing from.
- I steal because I don't believe in intellectual property.
- I steal music because the CD only has one song I like on it.
- I steal as a test drive.
- I steal music and movies because they are just corporate shit, not art.
- I steal because the artists don't get much profit from purchases.
- I steal MS products, because MS is "evil".
and so on and so forth.Thank you Chris, for taking the unpopular position that copyright infringement is wrong.
Re:Thanks, Chris! (Score:2)
Re:Thanks, Chris! (Score:3, Interesting)
um, I question his sincerity (Score:5, Insightful)
I don't blame him. if it were *my* sweet virgin ass going into prison, you can bet I'd start racking up my Good Behavior and Remorse early too. but I don't think it's really coming from the heart...
Re:um, I question his sincerity (Score:3, Interesting)
Re:Thanks, Chris! (Score:4, Funny)
I realize that Chris has to be careful with his public statements, but there's really no need for him to be praising the BSA. "Innocent men have nothing to fear from the law", it is said. Howeverm the BSA is not a law enforcement agency. It earns money by threatening an expensive audit - requiring you to prove your innocence.
Re:Thanks, Chris! (Score:5, Insightful)
I have tens of gigs of mp3's on an external harddrive and a cd-rw. A friend of mine browses my collection, sees a CD he wants and asks me to burn it. What do I do?
The honest answer for me is "it depends on who the artist is and what album it is." If it's...let's say, Dave Matthews, I'll burn it without thinking twice. He doesn't need to be promoted and he doesn't need the record sales.
If the album's out of print due to a record label's stupidity or is an unavailable indie print(like Elvis Costello's "The Juliet Letters" for the first example or Judy Aron) I'll burn it - they can't get it any other way.
But. If the cd's from an artist that's out there, easily available but unknown, I'd tell him to suck it up and buy the damn thing. It's not about the pennies they'll get from the sale, it's for the sales stats.
I don't know about you, but I think that's fair.
Triv
Re:Thanks, Chris! (Score:5, Insightful)
However, what I don't quite agree with is how software companies and the government compare stealing computer programs with stealing physical products. Stealing computer programs doesn't deprive the company of any actual cost. Stealing a physical product does, that physical product consists of materials which cost that company money. It doesn't cost the company to make more 0's and 1's.
So does that make it OK to steal programs? Of course not. But copyright infringement shouldn't be compared to stealing physical products. 33 months doesn't sound too bad, but it's the fact he now has a criminal record that is bad. People are going to equate the fact he was in prison for 33 months to those of people who rape, armed robery, drugs, money laundering, and other crimes that deprive others of basic rights. His crime didn't deprive anyone of any rights, because of those people that used the programs he copied, I'm willing to bet no more than 1% of them would have actually purchased the software.
I'm not going to lie to you either, I've "warez" in the past. Thanks in part however to Linux, GNU, and the entire Open Source movement I don't use many commercial applications anymore. And of those I do use, I've actually purchased. Why? Because I actually use these applications. I need them to be legitimate. Applications I've "warezed" in the past, I only ever ended up using for a handful of days only to end up not running it for years and eventually removing it. You could say that falls into one of your excuses, but I'm serious. This is especially true to companies. Most companies purchase software. Plain and simple, it's easier to purchased software than pirate it and worry about not having up to date copies, and all the other stuff that goes along with it.
Then we get into the BSA. "But the BSA says a large percentage of companies are using illegal copies of applications!" Yes and no. Most of those companies probably aren't intentionally using illegal copies. Most likely the company has so many applications, employees, computers that keeping good track of all the licenses, and what employees to do with their computers is very difficult. Those companies that can afford it purchase site licenses. Others end up purchasing more licenses than they have computers just to be "on the safe side."
This practice is what I think is at the heart of whats wrong with software, licensing, warez, and all that. I remember when I worked at my previous employer. They had about 200 employees, about 300 computers (including servers), and one IT Manager and one IT Tech. I was in charge of the servers, and since they all ran Linux, FreeBSD or OpenBSD licensing wasn't an issue. However all those workstations were. Managing the employees was difficult. We used all kinds of applications, Office, XMetal, Photoshop, Illustrator, etc. One day a manager would ask one of his employees to fix something in XMetal or Photoshop. If they didn't have it, they'd ask their buddy across the cube for a copy. They'd usually give them a copy of one of the applications on a CDR they got originally from the IT Manager for backup purposes. The employees don't really think they're doing anything wrong, they install the software but don't have a reg key. They'd end up hitting up Google for one to get it working. The employee didn't really think what they are doing was wrong. They'd either assume we had a site license, or assume that since we had a CD that it could be installed on any computer. People that still new to computers don't grasp the concept that you're legally only allowed to install that application on one computer at a time. And who can blame them? There is no other kind of product like that. If I purchase a toaster, your damn right I'm entitled to take that toaster from kitchen to kitchen if I want to. Why can't I do the same with softare? Anyhow, before I digress further, the this practice at my previous company went on for years. Until one day the BSA started going around our area picking out companies to "audit." I remember that fateful day, the IT manager running around to everyones computers asking them what programs they had, running around gathering boxes of purchased software, licenses, etc. Eventually at the end of the week, she sat down, counted all the computers and ordered 2X the licenses for all the applications we used. So we had 600 Windows 98SE licenses, 600 Photoshop Licenses, 600 XMetal Licenses, 600 Illustrator Licenses, 600 Macromedia Flash Licenses. It was easier for her to order them then figure out how many we had, how many we needed and be certain it was correct. All it takes is the BSA to find one unlicensed application and the company gets a major fine.
Right there. Thats what's wrong. Managing all that software, employees, computers, all that is a major task, and can't ever be done perfectly without imposing unrealistic restrictions on employee computer usage. That doesn't make them criminals. It makes them human. A person can see the moral flaw in stealing because it deprives someone of property or right to use property. If I copy a CD from Microsoft, Microsoft is never deprived if anything, especially if I would have never purchased that software in the first place.
Now that I'm done my ranting, what does that mean? I don't know. I really don't know where we go from here. But something has to change. What Chris Tresco did was wrong, but it wasn't as wrong as rape, robery, stealing, money laundering, or anything of those. He never hurt anyone, but now he has the reputation of being a criminal for the rest of his life, and the average person isn't going to go "Oh he only stole software, he's not -really- bad."
Good luck in prison Chris. To quote Office Space, "Kick someone's ass or become someone's bitch, and then you'll be alright."
Re:Thanks, Chris! (Score:4, Funny)
Re:Thanks, Chris! (Score:4, Insightful)
Re:Thanks, Chris! (Score:3, Insightful)
Downloading an mp3 is stealing, if you never bought the music you don't have the right to copy it for any use. This is covered under the distribution clauses of copyright law.
Taping a song off the radio is not stealing. It is covered by fair use law and it is called "time shifting". Under the idea of time shifting, you can record a radio or tv program for later personal listening or viewing. The idea here is that the broadcast, which presumably was made legally, may have been performed at a time not convenient for you to enjoy. You therefore have the right to enjoy the broadcast by recording it and playing it back later. You still do not own the broadcast and you can't redistribute it or play it for a large audience. It is just for your own personal use. This is why PVR devices like Tivo are legal.
It may seem like downloading music is a "victimless" crime, but if everyone who wanted the song got it for free online then the song would never sell and the artist would not get paid. An artist that doesn't get paid for their work is not going to be an artist for long. Remember, you are "voting" for them to be kept by their label with every album you buy. If you like the music, buy it so that the record labels and the artists know what is good and what is not.
Re:Thanks, Chris! (Score:5, Insightful)
I'm against copyright infringment. Copyright is a value tool for encouraging the creation of new works. I purchase my music, movies, books, and video games. That said, you're playing into the hands of copyright based industries. You're using inaccurate and dangerous sounding words. This sort of dialogue is giving the RIAA, the MPAA, and other copyright based industries ammunition to take our fair use rights away. Copyright is a balance, not a one way street.
If I engage in illegal copying, I have engaged in illegal copying, nothing more. Illegal copying is very distinct from theft of physical objects. "You most definately are removing something from someone." And what would that something be? The original author still has all of his copies of the work. The record store still has all their copies. The person I copied it from still has their copy. I have not taken something from anyone. I have infringed upon the copyright holders exclusive right to distribute copies, but that's different. I might have eliminated the sale of a legal copy, but it's hard to know.
That's just surreal. Copyright does not grant the author any sort of control over legally made copies. The CD in the store is legal. If someone steals the CD, they have stolen that copy, nothing more. The copyright holder has lost nothing, only the copies own (the store) has lost anything. Copyright law is completely irrelevant, the thief will be charged with good old fashioned shoplifting.
If you download an mp3 file that you don't own the CD for, you are infringing copyright. Pure and simple. The copyright holder has lost nothing. He might fail to sell CD that he otherwise would have, but you're not allowed to count potential failed sales as a loss. Things are all the more complicated by people who sample CDs through MP3 and end up purchasing the CD.
Re:Thanks, Chris! (Score:3, Insightful)
Whether or not it is copyright infringement depends on a number of factors, even in your hypothetical example:
Notice that for any of these fair uses, I don't have to contact anyone for permission at all. Your attitude, that any copying without the copyright holder's express consent automatically equals copyright infringement, is the same mentality that the RIAA and MPAA are trying to promote.
But presently this is not true, at least for non-digital works, and our fair use rights are important enough that we should not willingly adopt the notion that any "unauthorized" use is automatically infringing and illegal.
Re:Huh? (Score:4, Interesting)
But, that's not the point of THIS post. If you feel so incredibly strongly about what you've said, that copyright is simply a construct of the government, that it should be ruled unconstitutional, etc. - then you shouldn't mind never seeing a sweet dollar bill again in your life.
Our system of capitalism only works because of copyright. Who would write books with no compensation for it? Who would write software with no compensation for it (and don't say open source software developers - they're either in college to get real jobs that pay money or they're working at real jobs that pay money - those real jobs, either way, are generating money through copyright, by and large)? Who would create music with no compensation? Gonna make the musicians live off what they can make through live performances? How long do you propose that musicians have to do live performances before they can retire? How much should those live performances cost? Who's going to pay for Susan S. & Tim Robbins to make their next movie(s)? Without any liklihood of profiting from their work
Marketing, advertising - bring awareness to the general public of goods they might possibly be interested in - without those goods being protected by copyright, who's going to pay for that? No advertising - fine, so who's going to pay for prime time television? Who pays the actors in Farscape who can't rely on royalties from syndication or advertising revenue during their airings? If nobody's paying for music, movies, and television - what about the industries that rely on them? Canon, Kodak, Sonic Foundry, Apple, Intel, etc. Why would Pixar buy millions of dollars worth of SGI equipment or other rendering equipment if the release of Monsters Inc. wouldn't generate any money for them?
You call for us to present FACTS - I call for you to see the big picture. This isn't only about letting YOU copy Britney Spears' most recent album and put it up on file servers for others to grab or being able to download the most recent Xbox hit (has there been one yet?) from said file servers and play it. Copyright is inextricably intertwined in our society and our way of life. Our founding fathers correctly realized this. That without the existence of copyright, the incentive to create and to innovate disappears.
Now, much of what goes on with copyright and patents and trademarks, etc. - is wrong. Flat out wrong. No argument there. But - and this is a BIG but - fundamentally, capitalism depends on copyright. Now, if you'd like to discuss the pros and cons of capitalism, go right ahead. I'll say just one thing: nothing better has been developed that appropriately fits the human society at its current level of development. Now, prove ME wrong.
Cheers.
Re:Huh? (Score:5, Insightful)
Our system of capitalism only works because of copyright.
I think you're accepting this as an axiom. There are other ways to generate revenue besides creating intellectual property. One can create the old fashioned kind of property, for example. Or provide services.
I'm a laissez-faire capitalist. I waffle back and forth on the matter, but it usually seems to me like "intellectual property" (caveat emptor: as RMS says, lumping copyright, trademarks, patents, etc. all together under the banner of "intellectual property" is a gross generalization that usually leads to wrong thinking) laws are an artificial construct of the state. So what if there's nothing preventing people from sharing information? Go get a job that doesn't depend on the state to regulate that sharing.
What do you think about the United States enforcing its intellectual property laws in other countries? Even when I am feeling favorable towards IP law, I am never favorable to such affronts to the principle of national sovreignty. If Ukraine, China, Mexico, or Dmitry Sklyarov in Russia don't want to follow our laws, why should they have to? (I believe we used to have a saying: "No taxation without representation.") [By the same token, if two nations want to enter into an agreement to enforce each other's laws, more power to them on that. I just object to the U.S. bullying other countries into accepting our laws.]
Basically, nations can compete against each other without a central, superior authority commanding them to observe mutual IP laws. And by "compete," I mean profitable capitalism and competition, with all that entails. If nations can compete on this level, I think it's reasonable to speculate that individuals can, too.
No advertising - fine, so who's going to pay for prime time television?
I recently started buying an older television series on DVD. I get the whole season to watch when I want, with no advertising. I'd pay higher prices to get whole seasons of brand new shows on DVD. (The thought of never missing an episode of Smallville or the District, and never having to "pay for them" by watching commercials, has me almost salivating.) It's a sustainable market. Or people can come up with something else. I don't care for having government regulation to make the entertainment industry profitable.
Who would create music with no compensation?
I think Eric Raymond's libertarianism FAQ [tuxedo.org] says it best: the label of "artist" confers no special right to a living at public expense. It's legitimate, though harsh, to say, "Go get a real job." (Meaning I don't think the government has an obligation to guarantee you an income through legislation just so you can make your hobby your job. My dad writes music; but he has an unrelated job. I'm sure he'd certainly argue the music is more important, but that doesn't mean he thinks it needs to be his career.)
How long do you propose that musicians have to do live performances before they can retire?
What, you want a government mandate telling them how long to perform? :)
Our founding fathers correctly realized this.
You knew those guys had some dissension in the ranks about that, didn't you? Thomas Jefferson, in particular.
In summary, I'm way into capitalism, just like you, but I think you're selling its potentials short if you think intellectual property is the only way for it to work.
Lies, damned lies, and more damned lies. (Score:3, Interesting)
Conjecture. False conjecture, as well.
Prove this.
Who'd want a radio that didn't play music?
And of course, music never existed before 1700 or so, right?
But news would be spread by word of mouth.
Are you high?
Because once you've eliminated mass media, you've eliminated advertising.
Oh dear God NO, anything but that! Without advertising to tell us what to believe, how will we LIVE?!
Who needs roller coasters when taking a trip to the store could provide just as much fun with your car belching fire out of it and maybe the wheel falling off because car companies don't need to try as hard if they don't have global media coverage to worry about.
Seriously, are you high?
Unless your idea of a good time is paying $8.00 to stare at a block of steel for 2 hours.
What about theater? The plays will all be available in the public domain, but since you can't copy people (cloning notwithstanding), the performances themselves will still be scarce, and thus valuable.
And television shows, too. Not everyone can be an actor. People will still pay money to see the good actors, because there are a limited number of good actors in the world.
But I'll give the book a try. It could be interesting
Thank you.
Was this drink or dies business-plan? (Score:5, Funny)
2: ?
3: Prison!
Bravery... (Score:2, Insightful)
Crock of shit (Score:5, Insightful)
Prove it. You're telling me that if a high school kid who messes around with with Photoshop occasionally downloads a pirated copy off IRC, that Adobe loses 500 bucks?
Don't get me wrong, piracy is basically theft. I make it a point to buy software that I find useful, especially in the case of shareware, because I have a moral obligation to myself to do so. But this is the same flaw in logic the music industry uses to brand us all theives and legislate against us for the "good of the artists".
Re:Crock of shit (Score:5, Insightful)
Re:Crock of shit (Score:4, Insightful)
If I pirate Photoshop and am able to get my chops up, I can then utilize those skills in the marketplace. When I go for a job, it is HIGHLY unlikley that my workplace will provide or condone illegal copies of Photoshop. Rather, they will purchase copies, upgrades, plugins, ect.
Software companies don't really care if indiviual users pirate software. They could try to sue individuals until the cows come home, and in the end, would only serve to piss off much of their paying customer base who WILL feel a sense of pity for those getting fined, inprisoned, ect.
In the end, most folks who use priated versions of popular software end up using it professionally in an environment where the copy they are using is perfectly legal.
Software piracy, in many cases, actually increases revenue in the long run.
Re:Crock of shit (Score:5, Insightful)
Why do toll roads exists?
Two reasons.
1) to pay for the initial building of the road
2) to pay for the continued maintenance of the road
Which do you think is more expensive? You guessed right, the initial building of the road/bridge/tunnel, whatever.
Rather than Tax Everyone in the State/Country etc... they only charge the people who use it.
Now then, if you drive on the toll road and you don't pay are you stealing? Yes. What are you stealing? The money that you were supposed to pay for the use of the service. Why were you supposed to pay it? To cover the cost of building the road.
Why should you buy software that you use? Because people spent time writing it and a company paid them to write it. That company raised capital to build the software (road) and if you use it without paying for it then you are gaining the benefit of the service without paying what the builder is asking for.
Do toll roads make a profit? Sure. Welcome to captialism.
Dude, that's gonna turn some heads (Score:5, Funny)
sanskrit (Score:2, Informative)
Re:sanskrit (Score:2, Informative)
Not quite. Most Advaitists [advaita-vedanta.org] (as opposed to certain fundamentalist Hindus [vhp.org]) start their day by reciting [angelfire.com] the Gayatri Mantra [eaglespace.com], which, you guessed it, is in Sanskrit. :-)
Spoken Latin: dead at 3054 (Score:3, Funny)
Sad (Score:5, Insightful)
The laws have really gone over the line. Copyright violations used to be civil matters, going into criminal if somebody sold copies for financial gain.
It is a sad time when corporate entities have so many more rights than citizens.
Good thing for open source software.
Speaking from the heart? (Score:5, Interesting)
I was wondering if his party-line on "piracy", "stealing", "innocent companies" stuff was honest or not. Then I saw this:
People and businesses who pay for software don't have to worry about [DRM, etc] because what they are doing is legitimate. In my mind, I would think that companies who are completely compliant who are targeted by the BSA would be happy about it. They would clear their name and be finally exonerated.
Yes, I'm just SO looking forward to that random BSA audit, triggered by a disgruntled employee. Since we haven't done anything wrong, the time and money to inventory 100 identical copies of Windows and Word, along with the all-slightly-different 6-page license agreements, is really well-spent, and I look forward to "clearing" my company's name. Hopefully, we will get the opportunity to prove our innocence at least once a year!
I think his lawyer wrote the whole thing. (Not that I'd blame him, really.)
Re:Speaking from the heart? (Score:2)
Re:Speaking from the heart? (Score:2)
About to spend 33 months in the pokey? (Score:3, Funny)
Chris, no clue as to your romantic situation, but put the keyboard down and find yourself a woman to fuck before its too late.
Re:About to spend 33 months in the pokey? (Score:4, Funny)
"I mean, look at you! You're the kind of guy who would beg for sex! And I should know, we can smell our own." --Brodie
Silenced opinions (Score:5, Interesting)
I don't believe that "warez" is an important enough issue to break the law over, I probably wouldn't morally approve of the activity if I thought about it enough, and I'm probably not clever enough (anymore) to crack software anyway.
However, one must wonder whether Chris' discouraging of people to follow in his footsteps is motivated by his inner feelings, or by the terms of his sentence / plea bargain / desire for early parole. The last, I can understand, for obvious reasons; the first two have always seemed just shy of legalized censorship.
The P2P Question (Score:3, Interesting)
Mainly, I think there is an interesting legal difference between "leechers" on IRC/Usenet/etc. and "leechers" on P2P, in that the P2P users technically become distributors themselves. Anyone else have any thoughts on the matter?
Here's what's unfair (Score:5, Informative)
It is NOT a prerequisite of a P2P network to exchange illegally copyrighted works. I can have a P2P network that exchanges legal copies of files. I cannot have a warez network that distributed legal copies of files, unless you redefine what we know warez to mean.
Pirating Software is Wrong... (Score:2, Flamebait)
Aside from that, warez is basically the underground of the net we know is there, but deny it's existance in the media. The underworld in the media's eyes are genuis hackers who mastermind complex systems and takeover websites. You rarely ever hear of the massive amount of child pornography, illegal software, or other things that make sleeping a little harder.
These people should use their talents for a greater good.
Re:Pirating Software is Wrong... (Score:2)
Re:Pirating Software is Wrong... (Score:4, Funny)
Wouldn't that be cruel and unusual punishment?
Ignore his "Piracy BAD!" spiel (Score:3, Interesting)
The saddest thing (Score:4, Interesting)
He did not act from a desire of profit, or even of fame. He did not do anything with an intent to hurt someone. His entire warez career was based on the desire to be with his friends and help them out. In a sense he lived the life that the Gnu Manifesto envisages as the ideal state of affairs: a life in which everybody may modify and copy software for all of their friends.
Do you believe in death after life?
Re:The saddest thing (Score:5, Insightful)
It is indeed sad, and I personally think the punishment may be a little harsh, but if we measured the seriousness of a crime based on intent, we'd be in trouble.
"I didn't mean to crash while driving drunk"
"I didn't mean to hit that little girl while I was randomly firing bullets into the woods"
"I didn't mean to psychologically ruin that 12-year-old for life when I seduced him"
A lot of laws are meant to punish people for not thinking about the consequences of their actions. Unfortunately, since there is sometimes no way to ascertain intent, we legislate against lack of foresight. These are usually lesser crimes/penalties. 3 years seems long, still... hopefully he'll get out sooner.
Re:The saddest thing (Score:2)
Re:The saddest thing (Score:3, Informative)
Re:The saddest thing (Score:2)
And therein lies the problem with the GNU manifesto. It's a fundamental economic impossibility (at the moment), because we all exist within capitalism which forces us to restrict our creations in order to get back capital from it.
All software being free in both senses is just that - utopia. Maybe we can get there one day, but not in our lifetimes that's for sure. Until then, you either play by the rules that govern our society, or you don't, regardless of what your personal opinion of them is.
Ugh (Score:5, Insightful)
Quite aside from the arguments as to whether piracy *really* costs anyone all that much, and about whether the industry grossly inflates the figures of the costs of piracy (hint: they do) - the punishment is ridiculously out of proportions with the crime. There are people who torture animals or beat their wives getting smaller sentences.
The fact is that most people dealing in warez aren't making any money from it. They're often not stealing things which they would otherwise buy. They're not causing anyone any physical pain. They're not taking money directly from anyone's wallet. And yet these people - often, young kids who spend most of their time just chatting with one another - are faced with the risk of *years* in prison. This is ridiculous. Irrespective of whether you think piracy is "wrong", I find it incredibly difficult to believe that anyone genuinely thinks that someone should be *sent to jail* for this kind of thing - least of all when, for example, people who drive drunk often aren't sent to jail. It is *wrong* that crimes that ostensibly affect big business carry a greater punishment than do many crimes against humanity. It is *wrong* that people should be locked up for several years for this kind of thing: who amongst us doesn't have the odd mp3 lying around, the odd tape copied from a friend, the odd copy of Office made on numerous computers?
The fact that everyone's doing it doesn't mean that it's not 'wrong', of course. But can anyone really endorse having _two years_ of someone's life being taken from them for the sake of something which almost everyone is doing?
This makes me sick.
Re:Ugh (Score:3, Insightful)
As you say, "don't like the law? Work to change it." By discussing such things, and by decrying what I see as a bad law - or at least, a bad sentencing, I am doing my small part to change the law.
Whereas, I'm afraid, the repeated parroting of "break the law, pay the price" seems reactionary and unintelligent.
Damn... (Score:3, Funny)
Whatever you think.. (Score:3, Interesting)
The recent example of hammering of websites and servers for the release of Mandrake 9, RedHat 8 and UT2003 show that these methods are needed (along with a myriad of other occasions). Methods for mirroring sites linked to by
net connection died? (Score:5, Funny)
stealing != copyright infringement (Score:5, Informative)
it is absolutely wrong to steal software from a company. Whether it is ones or zeros or bags of money, it is stealing.
If it's bags of money, it's called stealing.
If it's ones and zeros, it's called copyright infringement.
They are different things.
That's why we have different words for them.
Conversation between Nick and prosecutors? (Score:2, Funny)
Chris: erm. okay it's a deal.
some companies deserve it... (Score:4, Insightful)
Back in the day of Space Quest, Kings Quest, Police Quest, Sierra was a great software company. They had software that EVERYONE wanted, and everyone was willing to pay for; $29.95.
Then, they came out with sequels for all of their software, improved graphics and story lines, and the user interface. The price remained at $29.95. And everyone still bought their software.
A little later down the road, they made even greater advances on graphics, more changes to the user interface, and improvements to the story lines (and even came out with Leisure Suit Larry, runoff from Police Quest). But this time they claimed that "Due to piracy, we find ourselves forced to raise our prices to $79.95".
Saddly for me, at that point, they priced themselves out of my price range (Radio Shack Salesperson making minimum wage + commision).
The only thing I could do at that point, is either find two other friends to split the cost of the game, or, wait until someone would offer it to me.
Yes, it was piracy.
From where I stood at that point in time, the way I saw things was that Sierra was not trying to make $1 off of 1 million people, it was trying to make $100 off of 1000 people. Well, I didn't have that kind of money to help them grow.
Sure, they're still in business, but it's been since that time that they've come out with anything worth buying. I no longer even have the floppies that I paid for, but I still have that sense of someone trying to get over on me.
---
Net worth of this posting: $.02
Third Option (Score:3, Insightful)
Yes, it was piracy.
Hello? You have the third option of not stealing it, and going without. How can you make the case that you *need* an $80 computer game enough to steal/copyright-infringe it? It's not a loaf of bread for your three starving children, it's a damn game!
The economy has hit me pretty hard, and I don't buy as many movies/CDs/games as I used to buy, but I refuse to let my financial shortfall turn me into a thief/copyright-infringer for over-priced consumer entertainment.
Take it like a man! (Score:5, Insightful)
Not saying what he did was right or wrong, but as someone that likes to drive fast, I got caught recently. I firmly believe if you are willing to play the game and take the risks, then you have to be willing to accept the concequences. Not bitch and complain about the justice system and what is fair or not. Those are the rules that one is aware of when they play.
Sorry to hear that he got caught and convicted, but happy to hear that it isn't as bad as what it could have been. And that he took it like a man.
FTP Login Question (Score:4, Funny)
Open Content over Copyright Infringement (Score:4, Insightful)
In other words, the means it takes to stop copyright infringement will more and more cripple our freedom to consume, to produce, to distribute content as we choose. These same means will (and already are) used for other censorship -- once you have a way to regulate online content fairly effectively, you will want to use it first for regulating child porn, then for normal porn, then for trademark violations, then for libel, nazi propaganda, unlicensed use of cryptography, blasphemy (still a crime in many nations) .. in a world where everyone is a publisher, soon everyone will want to be a censor as well.
Those who control the gateposts will always err on the site of caution. If someone from the content controllers claims that file X is copyright infringement, it will be blocked, and face it, most people cannot afford to fight this through the courts.
Copyright violations do, of course, not hurt the industry to the ridiculous extents it claims them to do. This is true for movies, software, music, ebooks. With music the quality difference and the hassle you have to go through is perhaps smallest, yet there has not been a proven effect on CD sales. On the other hand, the music industry has been effectively convicted of price fixing, and their exploitative contracts are well documented. Nevermind the fact that the content they produce is screened for being mainstream compatible as well -- when was the last time to you heard a communist song on the radio? Having different voices, even extreme opinions, out in the open is a good thing, and the current system is very good at preventing that.
Unlike Tresco, I advocate copyright infringement on a large and massive scale as a good way to discipline the content industry and to protect ourselves from unfair prosecution. Also, to be honest, I don't really care if they lose money -- this will only speed the transition to an open content world. There's nothing morally wrong with industries dying because they refuse to adapt to a changing environment. The position that millions of P2P users are all immoral criminals is so ridiculous that anyone who honestly believes it should have their head examined.
The more people disobey the oxymoronic system of copyright, the more likely it is that we will sooner or later get reasonable changes. Nevertheless, I also advocate fairness. If a company produces a good product and doesn't cripple it with unfair restrictions, reward them. Support good business practices. I have bought many shareware applications for which cracks were readily available. I'm sure many Slashdot readers have done the same. I use open source software and support it when support is asked for. I try to discover other open content, which is hard, but often worth the attempt.
And in the long term, I hope we can get this transition to open/free content, through ubiquitous donation and mediation systems that create a direct social bond between content producers and consumers and allow them to treat each other with mutual respect, while not having to rely on a primitive and unworkable concept such as IP. The gift economy is the way to go, baby -- just ask Kuro5hin ($35K in less than a week) or Blender ($100K in a few months).
But please, spare me the "it's stealing" routine when talking about copyright infringement. You and I know that it's not. It's copyright infringement, and it's part of the transition process when laws don't match moral behavior. Copyright infringement is no less moral than drug "abuse", and the abolishment of copyright will soon be as important a reform as the legalization of drugs.
Chris Tresco, even if he sees himself as reformed (like so many drug users) is nothing but the victim of unjust and obsolete law. There will always be the leering masses who justify unjust laws, the neighbours who clap their hands when a pothead is sent to jail. That doesn't change the facts.
What I keep thinking... (Score:5, Insightful)
That is the wrong way to think about it. You are asking yourself if it is worth something to commit a crime. What you should be asking yourself is, if what you are doing is fundamentally wrong. If it is (and I would say that it is) then stop doing it.
I wonder how fast his lawyer can type, or if his lawyer just dictates slashdot responses to his secretary.
I'm married, have a paid-for car, a good job, and share a house with the bank. I've got responsibilities. At this point, I'm using 100% paid for (or free or Free) software. Please allow that fact to color my response.
Everything in life is a cost-benefit analysis. Sure, the MBA people will tell you they came up with it, and they're the only people who truly understand how it works, and now I wonder if they're right. There's a risk in driving to work every day. Is it right? Well, it puts money in the grubby hands of a greedy corporation that cars about the environment to the extent required by the EPA. I could get killed. Therefore I shouldn't drive? Certainly are downsides to working, not to mention risks. Flying home for Christmas to visit the in-laws? Well, that involves the pollution of the airplane, more money in the hands of terrorist supporting oil barons, and again, that risk of death on my part.
Everything in life is a trade-off. Just sticking with what's right isn't enough -- few things are inherantly right. Just sticking with what's legislated isn't right. Now, say I am interviewing students for a job that involves using windows on a daily basis. I'll choose the candidate who pirated windows to get practice over the candidate who did the "right thing" and has honestly never seen windows because he can't afford it. Explain to me what is right there? Those who are too poor to "do right" shouldn't take risks?
Take a survey of college students. Some will certainly agree, but many won't. Don't bother asking attorneys, or people worried about their next parole board, but ask people with little money and a great concern for their futures.
Now, back to Mr. Tresco's situation. Is it "right" to hijack Institute computers to violate copyrights? One could easily argue the "Robin Hood" perspective; less easily, one could attempt to learn how much software enters MIT illegally then compute a net flow.
Let's assume that Mr. Tresco, or someone like him, is single, and has very few obligations. What's the risk??? Get caught, stripped of your job, sent to jail for almost 3 years. No freedom. Potentially unkind things happen there. If done well, someone could take advantage of the free room and board, earn a GED, BA or BS, and put together an outline on your experiences and sell the book/movie rights on how you're a better person. There are a lot of people out here for whom jail is not a punishment, but rather a new place to live with new opportunities. "What's right" is for the ethicists. Cost benefit analysis for the rest of us.
Clean record, time with my wife, commute to work for me, please.
Yeah Right... (Score:3, Funny)
Tresco typing: ... it is absolutely wrong to steal software from a company.
<gag><gag>
Tresco thinking: the crap I have to go through for early parole.
Talk about conceited (Score:5, Interesting)
I have a pretty good feeling you'd also be pretty insincere if your ass was facing 3 years behind bars. I bet you'd kiss as much ass as you could, just like he is. Hypocrites, all of you.
Different oppinion (Score:3, Interesting)
Firstly, I would like to point you to a well-written Slashdot comment about the current abuse of the original concept of Copyright [slashdot.org]. The points I would like to take from there are that Copyrights were intended to promote society, and the progress of Science and Useful Arts, but are now used for the sole means of creating profit for companies.
You must note that Copyrights, the exclusive rights to copy some data, is a big limitation on everyone's freedom to copy whatever they want. I'm not saying this means its necessarily a bad thing - because I agree its a necessary evil. Limiting people's freedom is acceptable in many aspects of life, and here too. Unfortunatly, the limit on our freedom remained through the years, but the original purpose of copyright - since it was originally drafted - was lost.
The original copyright concept was to give incentive to create, for the sole purpose of promoting science and useful arts. (Its true, its not meant to reward authors, its meant to promote science and useful arts - read about it in the constitution). This is why Copyright was created to last for limited times, which is not really limited anymore. This means that all copyrighted work is supposed to be out in the public domain within a reasonable amount of time - It is no longer this way. It also means that copyrights are only given to works that are published and distributed - for the inspiring of new works - for the progress of science and useful arts. Today's large copyright owners try to make people forget this purpose of copyright, and claim it is actually meant to protect them - That their creation is somehow their "Intellectual Property" and can be "Stolen". But the original framers of the constitution did not mean this, as Thomas Jefferson has said: There is no such thing as Intellectual Property [ffii.org].
If we take the software industry specifically, we must not forget that until the Copyright reforms of the 1970's, Binary Data was not copyright'able. Why? Because its creation does little to Promote Science and Useful Arts. See, you cannot both eat the cake (Get a Copyright) and have it full (Not promote science and useful arts). A copyright is not a god-given right, its given to the creator in exchange for his sharing of the created information, for the progress of science and useful arts for us all.
Since Copyright has devolved from a strong respected publishing incentive to an infamous tool for company profit, people have lost all moral obligation to it. There is no wonder people care not for the Copyrights of large corporations, as those copyrights place a limit on their freedom to "Help thy Neighbour", without contributing back to Science and Useful Arts.
This is why I will not obey the current draconian Copyright Laws, while I will support the GPL. Hypocracy? No: Copyrights have violated their mandate to Promote Science and Useful Arts. The GPL hasn't: It has inspired huge amounts of Free Software writers and possibly caused some of the greatest software code to be written and be out there for everyone to learn from.
Sorry this comment is a bit long, just my oppinion on the matter.
Re:Show of remorse (Score:5, Informative)
Hypothetical: could he leave the country? (Score:3, Informative)
Under his situation, where he is currently at liberty but will begin a prison sentence soon, how difficult would it be for him to put himself beyond the reach of the criminal justice system?
For myself, if I were on the jury, I would have used some of the powers described at FIJA [fija.org] to ensure that he received a maximum of 6 months in prison (assuming that I believed in his guilt and I agreed with the law, which I probably wouldn't).
However, assuming that members of the jury were duped or otherwise misled into this unreasonable sentence, how easy is it to leave and where should he go? Is Brazil the best destination (since they lack an extradition treaty)?
I would like to know this, for the day when these sentences are doled out for Kazaa users.
Re:Hypothetical: could he leave the country? (Score:4, Funny)
Minimum security country club? More like federal pound-me-in-the-ass prison.
That depends. (Score:3, Interesting)
If I could believe that I was guilty, then perhaps.
If I believed that I was wrongly convicted, that I was the victim of a DMCA witch hunt or other unreasonable persecution of dubuious constitutional footing, then no, it would be time to leave, and never look back, save to pull all the assets I could out of the system.
There really should be a FAQ somewhere for people who need to leave in a hurry. I'm surprised that it isn't done more often.
Re:Show of remorse (Score:3, Informative)
The relevant bit is:
HOW PAROLE WORKS FOR FEDERAL PRISONERS
All eligible prisoners, except those serving a term of ten years or more, may apply to receive an initial parole hearing within 120 days of commitment and are provided with a parole release date based upon the appropriate parole release guidelines. This provides the prisoner with a tentative release date, providing the prisoner maintains a good institutional conduct record.
Now, certain conviction on certain crimes can limit your ability to get early parole or get time off for good behavior, but those tend to be drug/violence related crimes, not white collar.
Re:Show of remorse (Score:5, Insightful)
The Sentencing Reform Act of 1984 abolished parole eligibility for federal offenders - except military offenders -- who commit offenses on or after November 1, 1987.
So there is no longer any parole in the federal system.
Re:Show of remorse (Score:5, Interesting)
Or (are you ready for this?) Maybe... just maybe.... he really does think illegally distributing software is theft (and wrong).
OMG, is it possible for the "sysadmin" of a warez group to have morals and values? I think it is.
Re:Show of remorse (Score:3, Insightful)
No. It's copyright infringment. It's illegal. It may even be wrong.
It is NOT theft. Theft is:
Copying is not theft, its plain english.
Re:Show of remorse (Score:3, Insightful)
If I have a copy of lightwave 3D that I am not licensed to have, would I have bought this $5,000 product. BTW I'm a student with an annual income of arround a $5,000 loan.
No. Thats right. Lightwave inc. havent lost out.
I then buy a $40 book on how to use lightwave, the book publishers (and lightwave inc. via royalties), gain money.
Later (10 years) I have the skills to use lightwave, and therefore when I choose a 3d package for a company, I'll choose lightwave as I know it. Lightwave inc. gets money.
I will say that the makers of "cheapo lightwave", for only $100, may lose out. In my experience It's unlikely though.
At uni we couldnt install a dodgy copy of photoshop because they do audits and tell us off. Instead of buying paint shop pro, we installed the gimp. If you cant have the best, then why not have something for Free?
Re:Show of remorse (Score:2, Insightful)
If he had morals and values previous to this, he wouldn't have done it.
He's just repeating the values that the people putting him away want to hear.
A 10-year-old could sound more convincing than he does anyway
Re:Show of remorse (Score:3, Funny)
Re:Show of remorse (Score:3, Insightful)
Just because people have a different notion of what is moral from you doesn't mean they have no morals.
Warez is NOT theft! (Score:4, Informative)
That being said, I'm starting to introduce some of my clients to the concept of GPL software and they're liking the concept of not having to pay the "Microsoft tax". The hardest part is getting past "What's the catch?" when I tell them that an Open Office license has no cost attached to it.
Re:Sure it is (Score:3, Insightful)
By the very same logic, anyone who provides a product that competes with mine and "steals" my business would be guilty of theft. The only difference in this case is whether the potential customer has my software or my competitor's, which appears, functions, and performs similarly. Clearly this is theft!
Except that it isn't. In the worst case, it's a copyright violation. Unauthorized duplication of software is a copyright violation. It is not theft.
Morality Propaganda (Score:5, Insightful)
Though what he did was illegal, I just dont feel it to be immoral. Sharing information or music or ideas just doesnt raise the sin-o-meter at all.
The fact is that something which is not naturally immoral (sharing) can be made to give people pangs of guilt through conditioning. The "IP" establishment thinks that if they continue to pound into peoples heads that "Copying is stealing" and "Sharing is evil", then people will actually start to believe it. (In fact it does work to a limited extent) What will actually happen is that the harder they push the party line, the more people will see through it, and the harder they enforce the rules, the more people will protest them (or realize they exist at all).
At some point in the future, the whole copyright cartel is going to falter. Its not human nature to hoarde information, opinions, or ideas. It is in our nature to share ideas that we have discovered, and hopefully our economies will have enough time to get out of the way and figure out new business models before its too late.
Re:Morality Propaganda (Score:3, Insightful)
Ahem. I've no love for the despicable copyright barons, but I've no love for mindless circular arguments either. If you copy my software, you've devalued what I do for 60 hours a week.
What you do is work speculatively, expecting that people will pay for copies of what you do. If nobody wanted your software at all, then you couldnt complain, obviously, that by not buying your software they are devaluing what you do for 60hrs a week.
Similarly, if only a few people bought your software, but they were very effective in sharing it without making additional copies (perhaps by loaning the CD around, or whatever) you have simply miscalculated the market in your speculation, like a farmer who tills the desert, you cannot complain that noone will pay for your nonexistant crops.
If copy restriction goes out of favor, as it should, then you will have to find a new way to earn money (just as will I). Perhaps working on a contract basis, where you get paid up front, would be a good idea.
What you cannot support, morally, is that a transaction between two third parties, which involves niether you nor any physical materials that you own, can devalue any materials that you own. (They can make speculative decisions you have made less lucrative, but you are responsible for your own choices)
Also, 60 hrs work/week sux
Exactly... The arguement works both ways. (Score:3, Insightful)
Perhaps when we can get those making the laws to begin a sane discourse about the future of copyright, people's opinions won't seem quite so stigmatized in this area... Is it wrong to share a copy of your favorite game with your best friend? Probably not (at least it didn't used to be illegal and you'd be able to do it with a book). Is it wrong to share a copy of your favorite game with 10,000 of your closest friends? Absolutely.
Copyright has been chosen by the current establishment. But it is optional. The more IP infringes on important things (like free speech) the more likely it is to be thrown out by the next generation. I am a voting member of the population, and I currently wonder if a reasonable set of IP laws can ever be reached. If not, I'd much prefer no IP over the alternative [gnu.org].
I write software because I love to. If you compete with me using dirty tricks instead of technical merit you devalue not only what I do for 10-20 hours a week. You devalue the usefulness of computers everywhere.
Somewhat misleading stats (Score:4, Informative)
As for the unweighted numbers? Here's some data from a US DoJ report [usdoj.gov], which combines first- and second-degree rape:
Still leinent by many standards, but not nearly the disaster that the RAINN release makes it out to be.Re:Bad Timing! (Score:3, Interesting)
Semantics: 'wrong' vs. 'illegal' (Score:3, Insightful)
However, it is "wrong" for the owner of the cure to withhold it from the world in the first place, in the sense that it is immoral.
So here we have a sticky situation: he's doing something wrong, you're doing something wrong in order to counteract the effects of his doing something wrong. Do two wrongs make a right? No; they don't cancel each other out. But your wrong cures the world of cancer, whereas his wrong prolongs human suffering.
Given the choice in this situation I would steal the cure for cancer every time, and damn the jail sentences. Ultimately, the effects that your actions have on the world matter much more than whether they weigh as right or wrong on someone else's moral scales.
Of course, warez are not a cure for cancer. They're a relief valve, a way for people who cannot afford the exhorbitant price of commercial software to obtain the benefits of that software without selling a testacle to do so. Warez are wrong, but that has never stopped me from engaging in light warez trading, and it never will. I'll buy the games and apps I think are worth the price, but if I can't afford it then I wouldn't have bought it in the first place, and I'm not hurting anyone by stealing it.
Marijuana is illegal, despite the fact that it is neither wrong nor harmful, and would save countless lives if legalized--from medical marijuana users, to people who smoke deadly cigarettes because they are "right," to the thousands of people who are killed or exploited every year in the underground drug trade.
Until recently, the perfectly normal act of homosexuality was illegal, despite the fact that it is a naturally occuring biological phenomenon.
The Patriot Act and DMCA have made free speech illegal in circumstances, despite the fact that our nation was founded on the belief that free speech is an inalienable right.
Right and wrong have nothing to do with legal and illegal. By diluting the lawbooks with meaningless rubbish, legislators are depreciating the value of the judicial system in the eye of the common citizen. I cannot abide by a system of laws that I do not respect. If you wish me to follow the reasonable laws, then get rid of the unreasonable laws, and show me that the legal system makes sense.
Re:Why is this a CRIME. BECAUSE people DO get HURT (Score:4, Insightful)
It's a ***FELONY*** because it's a combination of a variety of PROPERTY crimes, including THEFT, FRAUD and DISTRIBUTION of stolen property.
Would we argue the nature of this if someone had broken in an electronics warehouse or a bookstore or a Costco and taken an equivalent dollar amount of goods and given them out to their friends?
I doubt it.
However, because software is "intangible" in nature compared to a frozen cheese pizza or bottle of Jack or Sony Walkman, some of us look at it differently.
However, the manufacturers of the software have to pay ALL those same expenses that Sony does.
They have to pay executives, engineers, marketing staff, assembly workers, packaging, warehousing, shipping, et al.
When you distribute a stolen copy of a piece of software and by so doing, reduce the numbers of copies that will be sold, you make it harder for a company to survive.
While it's easy to imagine that every s/w company is a MS, Oracle, IBM or Sun, it's not true.
Most s/w companies are much smaller and are fighting for their survival on a daily basis.
And we all have to wonder what would have happened to our entire marketplace, if their had been less piracy.
What would have been the fate of WordPerfect Corp, Lotus, Novell, and many other dead products if there had been less piracy?
What impact on Apple's conversion from a $10BN a year company to $1+BN company?
There have been many jobs lost, products destroyed and careers sidetracked in our industry by sales declines.
Sone of these SURELY have been as a result of warez.
If you lost your job and maybe your family, and knew warez had been at least partially responsible, how would you feel about warez?