Text 1738, 88 rader
Skriven 2006-06-15 09:09:00 av Michiel van der Vlist (2:280/5555)
   Kommentar till text 1730 av Roy Witt (1:1/22)
Ärende: CopyRight Ownership Arguement
=====================================
Hello Roy.

14 Jun 06 19:36, you wrote to me:

 >>>>> RW> They'll even go after unlicensed Windows 95/98 users,
 >>>>> RW> even though they don't support that OS anymore.

 MvdV>> Which is ridiculous.

 RW> It's still their property, even if it's on your computer.

My computer resides on Dutch soil. I am a Dutch citizen, Dutch law applies.
Here posession is 90% of the ownership as they say. Micirosoft will have to
show a pretty good case to turn that 10% into a 100%. Here one can not own what
one can not control. Since they dropped all support, they don't have much of a
case I'd say.

 RW> As for 98, MS stopped supporting it today and there will be no help
 RW> from them with updates and patches that used to keep the hackers from
 RW> exploiting all of the flaws in its code. More later.

I am aware of that. I also have a good idea of how to keep hackers out.

 MvdV>> If *they* want the cooperation of local authorities in
 MvdV>> prosecuting anyone, *they* would have to prove that the
 MvdV>> information was gathered in a legal way...

 RW> It's a very easy thing to do. As you know, there are people out there
 RW> scanning domains all the time...

I am aware of that. The log of my web server shows dozens of such attempts at
intrusion every day. So?

 RW> all MS has to do is scan yours and then through any open port you may
 RW> have (21, 110, 24554), they can write their own utility to make your
 RW> system ID itself to them (that includes the registration number).

If they did that they would open themselves to some time in a Dutch "guest
house". It is "computervredebreuk", a criminal offence.

 RW> All they need to do is look at their registered user database and if
 RW> that registration number is registered to you, you're off the hook.
 RW> Otherwise, you're in the same boat with Felten.

I have not returned the registration card for my legally obtained copy of
Win98. I have not used the on-line registration either. There is no need for me
to do that, I enjoy all the benefits anyway by Dutch law. Me not being in the
Redmond data base, is not proof I use an illegally obtained copy.

 RW> Microsoft gives away free patches and updates to their OS software all
 RW> the time. You (not literally) only have to pay for it once and then
 RW> they support it for many years thereafter.

They have little choice. If they had not provided free patches to fix the mess
thay made, they would have to face consumer organisations all over the world
suing for damages for selling a product with design flaws.

 RW>  Win98 has been around for 9 years now.

Then they may still be in trouble. Dutch law requires support for a minumum of
ten years on sold goods. Availability of spare parts, etc, etc. Though of
course it does not have to be for free if the defects are a result of normal
waer and tare.

Now what is wear and tare on a coputer programme> An interesting question..

 RW> So, if you've got a pirated copy of a MS OS on your PC, what has MS
 RW> lost by prosecuting you?

Goodwill for one. The little that is left. Their offensive marketing strategies
have already lost them a great deal of goodwill.

 RW> You weren't supporting them by buying their products anyway.

Someone using a copy of their abandonware is a potential customer for their new
products. Antagonising potential customers by dragging them into court is not a
good marketing strategy.

A better, more customer friendly - and probably also more profitable - approach
would be to offer them a discount on an upgrade Turn in your copy of Win85 or
Win98 - no questions asked - and get two copies of XP home for the price of
one.


Michiel

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