EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

01.31.10

What Makes Hollywood Happy: Microsoft Sues BitTorrent Tracker for $43,000,000

Posted in Courtroom, DRM, Free/Libre Software, Microsoft at 9:07 am by Dr. Roy Schestowitz

Pirate

Summary: Microsoft takes on Web sites that merely provide links to arbitrary files on people’s hard drives

FROM the company that itself applied for patents on DRM-laden torrents comes a lawsuit which would make Hollywood cheerful [1, 2]: [via]

In conjunction with Lithuanian anti-piracy outfit LANVA, software giant Microsoft has sued the alleged operator of the country’s largest BitTorrent site. Microsoft is demanding $43 million from the defendant and his company for assisting in the illegal distribution of Office 2003 and 2007.

Microsoft is attacking sharing as a whole rather than issue takedown requests that prevent sharing of its proprietary software. This puts Microsoft alongside the RIAA and MPAA. The FSF has been fighting to defend file sharing, which needn’t be copyrighted material at all. Microsoft should go after downloaders of its software, not the Web site which was abused by users. Doesn’t Microsoft have registration mechanisms and kill switches with which to track illegal installations? Maybe it’s just not interested in enforcing these.

“No less than Bill Gates himself said in a recent Fortune article that Microsoft competes better against Linux in China when there’s piracy than when there isn’t.

“So, Microsoft actively looks the other way as people pirate its software. It builds its market share that way, and lets people get used to the idea of having Windows at a certain price.”

ECT

For those who wonder why Microsoft is a threat to Free software, this is another reason. Microsoft is seeking to bankrupt the very means of Free software distribution, just as SourceForge was once sued for merely hosting software that might be used to share files that might be copyrighted.

“Should we ban pen and paper because they can be used by terrorists to communicate?”To attack P2P as a whole is like attacking USENET as a whole. Just because something can be used illegally does not mean it should be banned. Should we ban kitchen knives too and use our teeth instead? No? Should we also remove our teeth? How about communication? Should we ban pen and paper because they can be used by terrorists to communicate? Should we ban hard drives because they too can be used for filesharing (plugging them to different computers)? How about USB keys? They already happen to be taxed by the copyright cartel in some countries, so buying them is an admission of (and fine for) copyright violation that was not committed.

“Everybody is connected to everybody else, all data that can be shared will be shared will be shared: get used to it.”

Eben Moglen

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

3 Comments

  1. Chips B. Malroy said,

    January 31, 2010 at 1:54 pm

    Gravatar

    Quoting the title: “What Makes Hollywood Happy: Microsoft Sues BitTorrent Tracker for $43,000,000″
    —————————————————————————————
    First MS come out with WGA. Then MS sues XP copywrite commercial infringers (pirates). But don’t forget the Russian Schoolmaster that was sued indirectly and Billy G. would not intervene on his behalf. This title is about another way of MS using the patent lockin to sue torrent p2p outfits, so to slow down the piracy of MS products, except that MS would like control of the torrent technology itself by extending it with patents/encryption.

    As MS continues to decline in profits they will become more disparate for money. It is clear from a comment at Mini, the direction of things to come short term at MS:

    http://minimsft.blogspot.com/2010/01/microsoft-fy10q2-results.html?showComment=1264876924027#c8201273057094733373

    Quote: “Windows 7 was available for ordering in the first quarter of fiscal year 2010.

    Revenue July–Dec 2008 was $31.7B
    Revenue July–Dec 2009 is $31.9B

    Virtually flat. We have launched a new operating system, and still making only as much revenue as during the recession season.

    Now let us look at the net income equation.

    Income July–Dec 2008 was $8.54B
    Income July–Dec 2009 is $10.23B

    A growth of almost 20%. Where is this growth coming from? Cost cutting and layoffs. Expect more of what worked.”
    —————————————————————————————Also expect more lawsuits for copywrite/patent infringement. And how can you be sure, that MS will never sue individual user like the media companies have? MS has data mined much of their software to phone home, including Windows and Office. Its not like they do not have the data already who to sue.

    Again, if MS continues to lose Market Share and Profits, at some point, it is not unreasonable that they go after those who do not pay in mature markets.

    Roy Schestowitz Reply:

    I think you’re right about “extending” the technology. Wait until they use their patents to make “signed” (or approved with DRM) torrents as the more/only legal form. Forget checksums…

  2. uberVU - social comments said,

    February 1, 2010 at 3:12 am

    Social comments and analytics for this post…

    This post was mentioned on Twitter by schestowitz: What Makes #Hollywood Happy: #Microsoft Sues #BitTorrent Tracker for $43,000,000 http://ur1.ca/l576

What Else is New


  1. EPO Loses More Than 80% of Cases at the International Labour Organisation (ILO)

    The International Labour Organisation (or Organization) helps show just to what degree the European Patent Office (EPO) violates the rights of workers



  2. To Understand What Battistelli Has Turned the EPO Into Look at Turkey and China

    Battistelli and his notorious Vice-President from SIPO (Croatia) turn the European Patent Office, once the pride of Europe, into a human rights cesspool with SIPO (China) connections



  3. Patent Lawyers Move Closer to Battistelli's Rubber-stamping Office While the Appeal Boards Pushed Away as Collective Punishment Which Masks Decline in Patent Quality

    Urgently sending appeal boards away and urgently granting applicants patents without proper examination will be Battistelli's sorrow legacy at the European Patent Office



  4. Software Patents a Dying Breed, But Patent Lawyers in Denial Over it and Notorious Judge Rodney Gilstrap Ignores Alice (Supreme Court)

    A look at what law and practice are saying about software patents, contrasted or contradicted by the patent industry and trolls-friendly courts (which make business out of or together with patent aggressors)



  5. CAFC Meddling in PTAB Affairs; Unified Patents Fights a Good Fight by Invalidating Software Patents

    A look at how the AIA's Patent Trial and Appeal Board is invalidating software patents post-Alice, with or without involvement of patent courts



  6. Early Certainty That Benoît Battistelli is Dangerously Clueless and a Major Risk to the EPO

    The chaos which Team Battistelli is assured to deliver if it doesn't treat scientists like scientists, instead viewing them as a production line with rubber-stamping duties



  7. OIN Makes Claims About “Open Source Innovation”, But It Produces Nothing and Protects Virtually Nobody

    The Open Invention Network (OIN) reports growth, but in practical terms it does little or nothing to help developers of Free/Open Source software



  8. Links 27/7/2016: New CrossOver, Blackmagic for GNU/Linux

    Links for the day



  9. The Death of Software Patents and Microsoft's Coup Against Yahoo! Made the Company Worthless

    A look at what happens to companies whose value is a house of software patents rather than code and a broad base of users/customers



  10. Munich Attack Mentioned by EPO But Not Ansbach

    The EPO does the usual right-wing thing (exploiting disaster/emergency for domestic crackdowns), but some bemoan the omission of the explosion at Ansbach (also in Germany)



  11. Kluwer Thinks People Are Clueless About the Unitary Patent System and Pretends It's Business as Usual

    Flogging the dead UPC horse at times of great uncertainty (enough to bring the UPC to a standstill)



  12. Almost Everything That the Government Accountability Office Says is Applicable to the EPO

    The Government Accountability Office in the United States produces reports which can serve as a timely warning sign to the European Patent Office, where patent quality is rapidly declining in order to meet 'production' goals



  13. Microsoft Says It Loves Linux, But Its Anti-Linux Patent Trolls Are Still Around and Active

    Highlighting just two of the many entities that Microsoft (and partners) use in order to induce additional costs on Free (as in freedom) software



  14. Links 26/7/2016: Microsoft Growing Desperate, Linux 4.8 Visions

    Links for the day



  15. Links 25/7/2016: Linux 4.7 Final, PostgreSQL 9.6 Beta 3

    Links for the day



  16. Leaked: Boards of Appeal Face 'Exile' or 'Extradition' in Haar After Standing up to Battistelli

    A look at some of the latest moves at the European Patent Office (EPO), following Battistelli's successful coup d’état which brought the EPO into a perpetual state of emergency that perpetuates Battistelli's totalitarian powers



  17. The US Government Accountability Office (GAO) Comes Across as Against Software Patents, Relates to the EPO as Well

    Some analysis of the input from the Government Accountability Office (GAO) with focus on the EPO and software patents



  18. In the US, Patent Trolls Engage in Patent Wars and Shakedowns, Whereas in China/Korea Large Android OEMs Sue One Another

    Highlighting some of the differences between the US patent system and other patent systems



  19. Links 24/7/2016: Elive 2.7.1 Beta, New Flatpaks and Snaps

    Links for the day



  20. Links 23/7/2016: Leo Laporte on GNU/Linux, Dolphin Emulator’s Vulkan Completion

    Links for the day



  21. Links 22/7/2016: Wine 1.9.15, KaOS 2016.07 ISO

    Links for the day



  22. Haar Mentioned as Likely Site of Appeal Boards as Their Eradication or Marginalisation Envisioned by UPC Proponent Benoît Battistelli

    Not only the Staff Union of the European Patent Office (SUEPO) is under severe attack and possibly in mortal danger; the increasingly understaffed Boards of Appeal too are coming under attack and may (according to rumours) be sent to Haar, a good distance away from Munich and the airport (half an hour drive), not to mention lack of facilities for visitors from overseas



  23. EPO Attaché Albert Keyack Viewed as Somewhat of a Mole, Reporting From the US Embassy in Brazil Until Shortly Before the Temer Coup

    Public responses to the role played by Albert Keyack on behalf of the United States inside the European [sic] Patent Office



  24. EPO Insiders Explain Why the EPO's Examination Quality Rapidly Declines and Will Get Even Worse Because of Willy Minnoye

    Public comments from anonymous insiders serve to highlight a growing crisis inside the European Patent Office (EPO), where experienced/senior examiners are walking away and leaving an irreplaceable bunch of seats (due to high experience demands)



  25. Patents Roundup: BlackBerry, Huawei, PTAB, GAO, Aggressive Universities With Patents, and Software Patents in Europe

    Various bits and pieces of news regarding patents and their fast-changing nature in the United States nowadays



  26. Glimpse at Patent Systems Across the World: Better Quality Control at the USPTO Post-America Invents Act (2011), Unlike the EPO Post-Battistelli (2010)

    While the EPO reportedly strives to eliminate pendency and appeal windows altogether (rubberstamping being optimal performance as per the yardstick du jour), the USPTO introduces changes that would strengthen the system and shield innovation, not protect the business model of serial litigants



  27. Blockstream Has No Patents, But Pledges Not to Sue Using Patents

    Blockstream says that it comes in peace when it comes to software patents, which triggers speculations about coming Blockchain patent wars



  28. Links 21/7/2016: Ubuntu 16.04.1 LTS, Linux Mint 18 “Sarah” Xfce Beta

    Links for the day



  29. Links 21/7/2016: An Honorary Degree for Alan Cox, Looks Back at DebConf16

    Links for the day



  30. EPO USA: Under Battistelli, the 'European' Patent Office Emulates All the Mistakes of the USPTO

    Conservative Benoît Battistelli is trying to impose on the European Patent Office various truly misguided policies and he viciously attacks anyone or anything that stands in his way, including his formal overseers


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts