[comp.misc] Any piracy statistics in the US ??

esink@turia.dit.upm.es (06/13/91)

The February 24 edition of a Spanish newspaper here says that for every
100 computers sold [in Spain] during 1988, 16 software packages were
sold.  Furthermore, it mentions that actually, each microcomputer
is used with 2.5 software packages, on the average.  A source is not
given for these stats, but if they are even close to true, software
piracy is rampant in Spain.  Anyone have any corresponding information
in the US ?

Eric W. Sink                     | "If no one is criticizing |Opinions
Departamento de Telematica       | your work, it is possible |mine -
Universidad Politecnica de Madrid| that you are not doing    |all of
esink@turia.dit.upm.es           | anything." -George Verwer |them.

gdtltr@brahms.udel.edu (gdtltr@limbo.org (The Befuddled One)) (06/14/91)

In article <1991Jun13.124814.6628@dit.upm.es> esink@turia.dit.upm.es () writes:
=>
=>The February 24 edition of a Spanish newspaper here says that for every
=>100 computers sold [in Spain] during 1988, 16 software packages were
=>sold.  Furthermore, it mentions that actually, each microcomputer
=>is used with 2.5 software packages, on the average.  A source is not
=>given for these stats, but if they are even close to true, software
=>piracy is rampant in Spain.  Anyone have any corresponding information
=>in the US ?
=>
   Or maybe everyone in Spain uses PD software. :-)

                                        Gary Duzan
                                        Time  Lord
                                    Third Regeneration



-- 
                            gdtltr@brahms.udel.edu
   _o_                      ----------------------                        _o_
 [|o o|]                   To be is to be networked.                    [|o o|]
  |_o_|        Disclaimer: I have no idea what I am talking about.       |_o_|

tmb@ai.mit.edu (Thomas M. Breuel) (06/19/91)

In article <1991Jun13.124814.6628@dit.upm.es> esink@turia.dit.upm.es writes:
   The February 24 edition of a Spanish newspaper here says that for every
   100 computers sold [in Spain] during 1988, 16 software packages were
   sold.  Furthermore, it mentions that actually, each microcomputer
   is used with 2.5 software packages, on the average.  A source is not
   given for these stats, but if they are even close to true, software
   piracy is rampant in Spain.

I have never bought any software for my 386/UNIX computer (other than
the OS, which was included). Neither have I pirated any software.

Instead, I am using TeX, Emacs, the GNU software, and the software
that I write myself.

There is no reason why anyone who buys a computer should have to buy
any commercial software to go with it: there is a lot of free or
public domain software out there that solves most people's needs.

						Thomas.

ericb@eecs.cs.pdx.edu (Eric Berggren) (06/21/91)

   Well! I just think all this anti-pirating movement is just a bunch of hooey!

   If fact, this communication program I'm using right not is not even
 registered for this compu...

<click>


==============================================================================
  Eric Berggren             |         "Life is a Turing Test;
  Computer Science/Eng.     |           We're all automatons!"
  ericb@eecs.cs.pdx.edu     |              - (click, whir, buzz, chirp)

will@rins.ryukoku.ac.jp (will) (06/24/91)

	Getting in on this a little late.  But isn't it possible to program
	your software to read the serial numbers on the say (CPU and/or FPU)
	before the software will function.  Then all you need to do is require
	the purchaser to do is give his/her serial numbers when purchasing the
	software and everyones happy.  They have their software and you have
	a package that is non-copyable to other machines.

	Of course, maybe the idea is stupid.


						Will......

mathew@mantis.co.uk (Giving C News a *HUG*) (06/24/91)

will@rins.ryukoku.ac.jp (will) writes:
> 	Getting in on this a little late.  But isn't it possible to program
> 	your software to read the serial numbers on the say (CPU and/or FPU)
> 	before the software will function.  Then all you need to do is require
> 	the purchaser to do is give his/her serial numbers when purchasing the
> 	software and everyones happy.

Except, of course, those people who have a network of fifty machines, any one
of which they might want to run their legally-owned software on.

I mean, one *could* demand that everyone buying a book had to keep it chained
to his bookcase at home.

> 	Of course, maybe the idea is stupid.

Yes, I think so.


mathew

 

chappell@symcom (Glenn Chappell) (06/25/91)

In article <Zay2444w164w@mantis.co.uk> mathew@mantis.co.uk (Giving C News a *HUG*) writes:
>will@rins.ryukoku.ac.jp (will) writes:
>> 	Getting in on this a little late.  But isn't it possible to program
>> 	your software to read the serial numbers on the say (CPU and/or FPU)
>> 	before the software will function.  Then all you need to do is require
>> 	the purchaser to do is give his/her serial numbers when purchasing the
>> 	software and everyones happy.
>
>Except, of course, those people who have a network of fifty machines, any one
>of which they might want to run their legally-owned software on.

Well, you're quite right in that many people would be unhappy, but the
reason would be that they couldn't break the law any more.

Most software companies do not actually sell their software, but rather
licenses to use their software (read the fine print). If you truly own a
copy of the software, you can, I suppose, legally do what you want with
it. However, typically you own a license and the company owns the software.

A typical (micro) software license is single user/single machine. For setups
where programs are run off servers (or whatever) there are usually "site
licenses" available, which cost more, but allow the software to be run
legally on multiple machines.

Thus, such a serial-number scheme would simply turn what is already the
legal situation into a practical reality.

Admittedly, much of the "fine print" in software licenses pertains to
things no one cares about - not even software companies. The most extreme
example of this that I've found is that it is almost always illegal
to use Apple's "Multifinder" for the Macintosh (read the fine print -
it's true). On the other hand, all this doesn't change the fact that
if you don't like what a license says, you don't have to buy it.

>I mean, one *could* demand that everyone buying a book had to keep it chained
>to his bookcase at home.

Except that book companies typically sell books, not licenses to use
them.

				GGC  <><

gl8f@astsun.astro.Virginia.EDU (Greg Lindahl) (06/25/91)

In article <1991Jun24.205146.3372@ux1.cso.uiuc.edu> chappell@math.uiuc.edu (Glenn Chappell) writes:

>A typical (micro) software license is single user/single machine.

Right. However, it's not typical to have to call up the vendor and beg
and plead to have them transfer your license to a different CPU
because the repair guy just came by and replaced the motherboard.
Fortunately, most "PC's" don't have a serial number. And fortunately,
copy protection for business software seems to be either totally dead
or very rare, except for niche products.

jiro@shaman.com (Jiro Nakamura) (06/25/91)

In article <1991Jun24.205146.3372@ux1.cso.uiuc.edu> chappell@symcom (Glenn  
Chappell) writes:
> Except that book companies typically sell books, not licenses to use
> them.


   I would think that with the copyright restrictions on the text, you
actually only own the physical media (the book pages, cover) and only
have a license to "use" the book (i.e. read it).
   You don't "own" the book in the sense that you are not free to do
with it as you please -- ie. photocopy it and give it to all your
friends. A book is effectively a single-user/single-copy licensed
media.


   - jiro nakamura
     jiro@shaman.com
-- 
Jiro Nakamura				jiro@shaman.com
Shaman Consulting			+1 607 277-1440 Voice/Fax/Data
"Bring your dead, dying shamans here!"

marc@dumbcat.sf.ca.us (Marco S Hyman) (06/25/91)

In article <Zay2444w164w@mantis.co.uk> mathew@mantis.co.uk (Giving C News a *HUG*) writes:
 > will@rins.ryukoku.ac.jp (will) writes:
 > > 	Getting in on this a little late.  But isn't it possible to program
 > > 	your software to read the serial numbers on the say (CPU and/or FPU)
 > > 	before the software will function.  Then all you need to do is require
 > > 	the purchaser to do is give his/her serial numbers when purchasing the
 > > 	software and everyones happy.
 > 
 > Except, of course, those people who have a network of fifty machines, any
 > one of which they might want to run their legally-owned software on.

So what.  This is done.  Purchase of any of the Sun based cross
compiler/assembler tools from Microtek and you had (don't know if they still
do it) to give them the hostid of the machine it would run on.  At a place I
used to work we bought two copies (licensed for different machines) so we
wouldn't be at the mercy of broken hardware.   If anyone other than the prime
user wanted to run the software s/he had to rlogin/rsh/telnet/whatever into
one of the licensed machines.

As others pointed out, you are licensing the package, not buying it.

BTW: I was against this package because of the use restriction.  However, it
did meet all technical requirements and their legal staff could agree with our
legal staff on license terms, etc.  Gack, I'll never work for a company where
the lawyers are that powerful again.

// marc
-- 
// home: marc@dumbcat.sf.ca.us		pacbell!dumbcat!marc
// work: marc@ascend.com		uunet!aria!marc

J.D.Coleman@newcastle.ac.uk (Julian Coleman) (06/25/91)

Zay2444w164w@mantis.co.uk writes:
>will@rins.ryukoku.ac.jp (will) writes:
>> 	Getting in on this a little late.  But isn't it possible to program
>> 	your software to read the serial numbers on the say (CPU and/or FPU)
>> 	before the software will function.  Then all you need to do is require
>> 	the purchaser to do is give his/her serial numbers when purchasing the
>> 	software and everyones happy.
>
>Except, of course, those people who have a network of fifty machines, any one
>of which they might want to run their legally-owned software on.

We have the Arc/Info GIS system running on our Sun network here.  Each time it
is started, it reads the cpu number of the machine and generates a code based
on that number.  A text file contains a list of cpu number and code for any
number of machines.  If the code is not found in the text file, the software
will not run.  In order to get the code, we gave the cpu numbers of the
machines we wanted it to run on to the suppliers and they gave us the codes to
enter into the text file.

This seemed like a simple solution to me, especially for more expensive
products, though I'm not sure it's applicable to 'off the shelf' packages.

Julian

--         Julian Coleman < J.D.Coleman@newcastle.ac.uk >
--   Department of Surveying, University of Newcastle upon Tyne
--   Newcastle upon Tyne, NE1 7RU, England. < +44 91 222 6739 >
--                  #include <std_disclaimer.h>

mathew@mantis.co.uk (Giving C News a *HUG*) (06/25/91)

chappell@symcom (Glenn Chappell) writes:
> In article <Zay2444w164w@mantis.co.uk> mathew@mantis.co.uk (Giving C News a *
> >will@rins.ryukoku.ac.jp (will) writes:
> >> 	Getting in on this a little late.  But isn't it possible to program
> >> 	your software to read the serial numbers on the say (CPU and/or FPU)
> >> 	before the software will function.  Then all you need to do is require
> >> 	the purchaser to do is give his/her serial numbers when purchasing the
> >> 	software and everyones happy.
> >
> >Except, of course, those people who have a network of fifty machines, any on
> >of which they might want to run their legally-owned software on.
[...]
> Most software companies do not actually sell their software, but rather
> licenses to use their software (read the fine print).

The "fine print" is not legally binding in the UK.  I actually own the
software I have bought, regardless of what any shrink-wrap license may say.

Of course, the situation may be different wherever you live.

> A typical (micro) software license is single user/single machine. For setups
> where programs are run off servers (or whatever) there are usually "site
> licenses" available, which cost more, but allow the software to be run
> legally on multiple machines.

I'm not talking about putting the software on a server and running it on
multiple machines.  I'm talking about physically carrying my one original
system disk with me, and using it in whichever machine I happen to be sitting
in front of.  Only one copy of the program is ever being run, and it is only
ever being run on one machine; it's just that the matter of which machine that
is might change a lot.


mathew

 

z1dan@exnet.iastate.edu (Dan Sorenson -- Seed Testing Labortory) (06/26/91)

In article <Zay2444w164w@mantis.co.uk> mathew@mantis.co.uk (Giving C News a *HUG*) writes:
>will@rins.ryukoku.ac.jp (will) writes:
>> 	Getting in on this a little late.  But isn't it possible to program
>> 	your software to read the serial numbers on the say (CPU and/or FPU)
>> 	before the software will function.  Then all you need to do is require
>> 	the purchaser to do is give his/her serial numbers when purchasing the
>> 	software and everyones happy.
>[stuff deleted and I feel good about it] 

	It appears that somebody has forgotten that, no matter how wonderful
the copy protection scheme, somebody is going to find a way around it.  It
also tends to make using the software inconvenient for the user, which will
tend to disrupt sales.
	If it were me, I'd be quite upset to find that I could only use the
software on machine "X" and not machine "Y," when software licensing
agreements generally let me use it on any number of machines, though not
all at the same time.  How would I fix this problem?  Make good copies of
the original disks, of course, and then use a sector editor to search
for my serial numbers.  These get changed, and away I go.  If this
proves ineffective, I'll disassemble the program code and look for where
it reads my serial number.  Then I'll bypass this code and get on with
_using_ the software I legitimatley bought.

	I'm not advocating software piracy, of course, nor am I advocating
the reverse-engineering of code to bypass certain "features" that may
exist.  I am merely stating a reason for why this form of copy protection
has not become widely used in the software industry.

	Flames to /dev/null, please.  Conversations can go here or e-mail.

__________________________________________________________________________
"What's that thing?"  "Well, it's a highly technical, sensitive instrument
we use in computer repair.  Being a layman, you probably can't grasp
exactly what it does.  We call it a two-by-four." -- Jeff MacNelly, "Shoe"

		Dan Sorenson, z1dan@exnet.iastate.edu

It's a damn poor mind that can only think of one way to spell a word.
		-- Andrew Jackson
___________________________________________________________________________

sef@kithrup.COM (Sean Eric Fagan) (06/26/91)

In article <Fum4416w164w@mantis.co.uk> mathew@mantis.co.uk (Giving C News a *HUG*) writes:
>The "fine print" is not legally binding in the UK.  I actually own the
>software I have bought, regardless of what any shrink-wrap license may say.

You do?  Does that mean you can go into business selling copies of whatever
software you've bought?

Oh, so you *don't* own the software!

-- 
Sean Eric Fagan  | "What *does* that 33 do?  I have no idea."
sef@kithrup.COM  |           -- Chris Torek
-----------------+              (torek@ee.lbl.gov)
Any opinions expressed are my own, and generally unpopular with others.

mathew@mantis.co.uk (Giving C News a *HUG*) (06/26/91)

sef@kithrup.COM (Sean Eric Fagan) writes:
> In article <Fum4416w164w@mantis.co.uk> mathew@mantis.co.uk (Giving C News a *
> >The "fine print" is not legally binding in the UK.  I actually own the
> >software I have bought, regardless of what any shrink-wrap license may say.
> 
> You do?  Does that mean you can go into business selling copies of whatever
> software you've bought?

No, because that's breach of copyright.

> Oh, so you *don't* own the software!

Yes, I do; I just don't have the right to make copies of it bar what is
permitted under "fair use" guidelines.

In a similar way, I own my TV set; but I would not be allowed to create
*exact duplicates* and sell them.  (Although in that case it would be because
of patents rather than copyrights.)


mathew

 

chappell@symcom (Glenn Chappell) (06/26/91)

In article <Fum4416w164w@mantis.co.uk> mathew@mantis.co.uk (Giving C News a *HUG*) writes:
>The "fine print" is not legally binding in the UK.  I actually own the
>software I have bought, regardless of what any shrink-wrap license may say.

Well, that's interesting! I wonder what the legal technicalities are
behind that...perhaps you can't legally "sign a contract" by ripping
a plastic wrapper in the UK as you can in the US?

A blanket reply to all the people who have e-mailed me on this subject:

Y'all seem to think I feel serial-number-specific programs would be a
great idea. Well, that's not true, although if such a thing became
common it might have one good effect (in the US, anyway): it would wake
people up to just how silly many software licenses are, and they would
start demanding reasonable ones.

Yes, many software licenses are silly, but they are very easy to break,
and so many people really don't care what their license says. The result
is that many (if not most) US micro users are caught in sort of a legal
limbo. In their day-to-day work, they break the law, but they don't
care, the software company doesn't care, the government doesn't care,
and the legal limbo continues. I'm not referring to piracy here, BTW.

E.g. if you've ever transfered data (via the "clipboard") between programs
on a Macintosh you've probably broken your software license. Read the fine
print in the manual of any Macintosh application that comes with system
software, and you'll see that it says that once you quit a program, you're
not supposed to use the system software to run any other programs. (At
least, that's what it said the last time I checked.) Obviously, whoever
wrote this wasn't thinking straight, especially since ease of data transfer
was one of the advertised features of the Mac when it was introduced, but
no one cares, and the silliness remains.

Now, suppose Apple released a version of System that wouldn't allow you
to break the license. Would anyone use it? No, and Apple would probably
realize the stupidity of the whole thing and take that clause out of
their license.

Yes, there are reasonable licenses out there. On the other hand, there
are also many single-machine licenses. Converting those over to the
serial-number-recognition scheme would make what had previously been
merely illegal also very difficult - and, in the process, perhaps wake a
few people up to what's really going on.

				GGC  <><

rdippold@cancun.qualcomm.com (Ron Dippold) (06/27/91)

In article <1991Jun25.211142.514@kithrup.COM> sef@kithrup.COM (Sean Eric Fagan) writes:
>In article <Fum4416w164w@mantis.co.uk> mathew@mantis.co.uk (Giving C News a *HUG*) writes:
>>The "fine print" is not legally binding in the UK.  I actually own the
>>software I have bought, regardless of what any shrink-wrap license may say.
>
>You do?  Does that mean you can go into business selling copies of whatever
>software you've bought?
>
>Oh, so you *don't* own the software!

No, no, no, he owns the software, however he does not own the right of
reproduction of the software.  He can do whatever he wants with the copy of
the software that he bought as long as he doesn't break any laws.  The UK
respects our intellectual property laws, as we do theirs.  Copying it and
distributing it violates the copyright laws.

-- 
Standard disclaimer applies, you legalistic hacks.     |     Ron Dippold

coy@ssc-vax (Stephen B Coy) (06/27/91)

In article <1991Jun25.211142.514@kithrup.COM> sef@kithrup.COM (Sean Eric Fagan) writes:
>In article <Fum4416w164w@mantis.co.uk> mathew@mantis.co.uk (Giving C News a *HUG*) writes:
>>The "fine print" is not legally binding in the UK.  I actually own the
>>software I have bought, regardless of what any shrink-wrap license may say.
>
>You do?  Does that mean you can go into business selling copies of whatever
>software you've bought?
>
>Oh, so you *don't* own the software!

Semantic sqabbling.  Mathew clearly "owns" the manuals he bought and
the disks with the software.  The vendor "owns" the copyright on the
material encoded into those media.  As "owner" of the software
package Mathew may make copies as long as he doesn't violate the
rights of the vendor.  Generally, Mathew's legal copies will fall
into the following catagories:  archival backups, loading the
software onto his hard disk, and loading the software from the hard
disk to RAM for execution.  Any further copying infringes on the
rights of the vendor, no shrink-wrap license necessary.

Back to the question of who "owns" software.  IMO software is
information and information cannot be owned.  The rights to control
that information may be owned.  The right to access/use a copy of
that information may be owned.  But the information itself just is.

>Sean Eric Fagan  | "What *does* that 33 do?  I have no idea."
>sef@kithrup.COM  |           -- Chris Torek

Stephen Coy
coy@ssc-vax.UUCP

			brain dead is forever

mathew@mantis.co.uk (Giving C News a *HUG*) (06/27/91)

chappell@symcom (Glenn Chappell) writes:
> In article <Fum4416w164w@mantis.co.uk> mathew@mantis.co.uk (Giving C News a *
> >The "fine print" is not legally binding in the UK.  I actually own the
> >software I have bought, regardless of what any shrink-wrap license may say.
> 
> Well, that's interesting! I wonder what the legal technicalities are
> behind that...perhaps you can't legally "sign a contract" by ripping
> a plastic wrapper in the UK as you can in the US?

Well, like most legal matters it's very complicated, and I'm not a lawyer...
but like most people on Usenet, I'm quite prepared to ramble on about it
anyway, having done some reading on the subject :-)

Basically, there are some long-established rules in UK law about what is and
what is not a fair contract.  For a contract such as a license agreement to
be binding, you must be made explicitly aware of it at the time of sale; it
is also the case that unsigned contracts on paper cannot generally be
enforced.  Since software shops do not require customers to read the license
agreement, do not get them to sign it, and do not verbally make the customer
aware that they consider him to be agreeing to a contract, shrinkwrap
licenses are almost certainly unenforcable in the UK.  (There have been test
cases for similar situations involving purchase of non-software products, I
believe.)

> Y'all seem to think I feel serial-number-specific programs would be a
> great idea. Well, that's not true, although if such a thing became
> common it might have one good effect (in the US, anyway): it would wake
> people up to just how silly many software licenses are, and they would
> start demanding reasonable ones.

This is a good point.  Many software licenses say completely ridiculous
things.  Ashton-Tate licenses are my favourite; one I saw said something to
the effect that the user agreed to fund Ashton-Tate if A-T had to fix any
bugs in the program!  Now, you and I probably know what they *meant*, but
would you *sign* a contract like that?

> Yes, there are reasonable licenses out there.

Yes; credit where credit is due, Borland's licenses are amongst the most
reasonable I've seen.


mathew

 

hoo@engr.ucf.edu (Hooman Shakouri) (06/27/91)

In article <292@rins.ryukoku.ac.jp> will@rins.ryukoku.ac.jp (will) writes:
>
>	Getting in on this a little late.  But isn't it possible to program
>	your software to read the serial numbers on the say (CPU and/or FPU)
>	before the software will function.  Then all you need to do is require
>	the purchaser to do is give his/her serial numbers when purchasing the
>	software and everyones happy.  They have their software and you have
>	a package that is non-copyable to other machines.
>
>	Of course, maybe the idea is stupid.
>
>
>						Will......


 Actually, there are several companies who are doing that...
 TMA and MicroSim are two of the companies that I know they ask for
 the CPU number before they send you the software.  We did purchase
 from both companies, and what you get is what they say.  The softwares
 only work on the specified machine and noother machine.  Of course, if
 you need to use the package on another machine in the same premises,
 they can arrange the tape to be readable for both machines.  They only
 charge an extra fee to that.  The softwares are extremely expensive,
 and asking two separate tapes for two different machine, is going to 
 cost you a lot of money...

 hooman
 
-- 
		--==> Have you driven a "Vector" Lately ? <==--

			hooman@tiger.engr.ucf.edu
		       	    hoo@engr.ucf.edu