On Tue, 8 Jun 1999, Fawcett, Mitch wrote:
> I almost don't care if someone who is smart enough figures out a way around
> my copy protection as long as they are the only one using it. Considered it
> their own particular price of admission. It is when they post the cracked
> program on the internet for the whole world to download that freaks me out.
> For some reason there is a distinct lack of rabidity on this subject from
> this here group. The vibe I'm getting here is that generally it is hopeless
> or not worth the effort to fight the piracy, so why bother.
It is that it is uneconomic to do so. If you had to be strip-searched and
declare everything before going in or out of a department store, it would
really cut down on shoplifting. Sales too.
> There are big criminal fines for copyright infringement. It's a matter of
> convincing the feds to make an example of just one of these jokers. Here is
> what I wrote to my congressman.
This will not happen, especially if the site is offshore. Even making an
example of one will not deter others. As someone pointed out after
Littleton, there were thousands of charges of gun related crimes, but only
a handful were prosecuted. Unless the violations are for profit,
continuous, and on a massive scale, and involve a big name that can push
the FBI (e.g. Microsoft, Novell), nothing is going to happen criminally.
And I would like to ask if every computer you use is completely clean of
any license or copyright violation.
Does anyone play a radio at work - BMI or ASCAP might like to know.
And have you actually written for permission before photocopying a book?
And do you properly handle the Palm Computing Platform (tm) trademark and
trade dress on all your pages?
Maybe you should be made an example. I think if someone looks long
enough, they can find something you are doing that is against the law,
and find someone else just as offended at what you are doing who would
prosecute.
> Dear Representative Castle:
>
> I am a computer software developer in Delaware and I make my living creating
> copyrighted works involving computers and computer software. It is very
> discouraging to see my work being distributed freely over the internet by
> individuals who choose to ignore the laws regarding copyrighted material.
> These individuals often justify their actions by claiming that because they
> do not charge for the software, they are not subject to the restrictions of
> the copyright laws of the United States.
Out of curiousity, did anything at the site make that claim? I have never
heard it before.
> There are now internet web sites where hundreds, if not thousands, of
> copyrighted programs are available for free for the price of a few seconds
> of download time. We in the software developer community do what we can to
> force these sites to close, but it is often the case that the site reopens
> at another address within a few days.
>
> I hope there is something that you or I can do that will make it clear to
> these individuals that it is illegal to copy and distribute copyrighted
> material even if they do not charge for it. Perhaps by making a harsh
> example through the criminal justice system, a message could be sent to
> others who are contemplating these illegal and unethical activities.
See InfoWorld's current articles on UCTIA for another example of a
similar bad law in the making designed to "protect" software writers
by enforcing shrinkwrap licenses you can't read until you have opened
the box. Remember how long it took to get rid of the 55 MPH speed
limit?
One of the big-name country singers wanted to close down every Used-CD
store because he thought *that* was a copyright violation and he was
losing so much money because someone could buy the CD used. Maybe every
CD player should go DIVX?
You don't suggest anything specific for your Congressman to do, and
generally when they get letters like this they will do something - and
that thing is stupid, intrusive, and ineffective.
You are free to file a civil lawsuit against the site to the full extent
of law. Go for it. If you want to spend thousands of dollars in a
lawsuit and hire detectives, there may be enough evidence for the FBI to
act. There *are* existing laws. But they aren't enforced. And they
won't be for small amounts of money no matter what the law says the
penalty is.
Lest I leave without proposing a solution, something similar happened in
late 1800's england - shopowners were burgled, but it was an expensive
process to bring any thief to prosecution, so no individual shop owner
did. But the shopowners formed a coalition that paid into an insurance
like fund so if anyone was robbed, there would be funds to prosecute - and
they would advertise this fact so the thieves knew who to stay away from.
See the text under the heading "Deterrence as a Private Good".
http://www.best.com/~ddfr/Academic/England_18thc./England_18thc.html
(While you are there, look for his account of Steve Jackson Games - the SS
raided them, almost put them out of business, and even violated laws
regarding the privacy of email, but found nothing - do we really need
more of this?)
Instead of writing your legislator, perhaps PilotGear could do something
similar to holding a $0.05 payment per registration into a
reward/prosecution pot, and add an informant link which might offer
rewards for information leading to the prosecution of warez sites.
If not pilotgear, then kagi or another shareware site - such that if they
are the exclusive payment system, you get coverage if any shareware
program registered there is found on a warez site, they promise to use
the funds to immediately shut down the site and prosecute.
