From mboxrd@z Thu Jan 1 00:00:00 1970 Received: from rwcrmhc54.attbi.com ([216.148.227.87]) by speech.braille.uwo.ca with esmtp (Exim 3.35 #1 (Debian)) id 177m40-0000rr-00 for ; Tue, 14 May 2002 19:50:40 -0400 Received: from mycomputer ([24.62.38.156]) by rwcrmhc54.attbi.com (InterMail vM.4.01.03.27 201-229-121-127-20010626) with SMTP id <20020514233529.QUAX8633.rwcrmhc54.attbi.com@mycomputer> for ; Tue, 14 May 2002 23:35:29 +0000 Message-ID: <001a01c1fb9f$cd21c9c0$02263e18@mycomputer> From: "Igor Gueths" To: Subject: interesting story Date: Tue, 14 May 2002 19:33:49 -0400 MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 5.00.2615.200 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2615.200 Sender: speakup-admin@braille.uwo.ca Errors-To: speakup-admin@braille.uwo.ca X-BeenThere: speakup@braille.uwo.ca X-Mailman-Version: 2.0.8 Precedence: bulk Reply-To: speakup@braille.uwo.ca List-Help: List-Post: List-Subscribe: , List-Id: Speakup is a screen review system for Linux. List-Unsubscribe: , List-Archive: Hi all. Hope this is of interest. Did Microsoft Flirt With Piracy? =20 Complaints about open-source software policy reveal = piracy rap=20 in France. Kim Zetter, special to PCWorld.com Thursday, May 09, 2002 While Microsoft cracks down on software pirates the = world=20 over, the software giant itself was quietly convicted = of=20 piracy charges in France last fall--and the case, = while=20 supposedly under appeal, may cost the company some = business.=20 The French division of Microsoft is facing a fine of = about=20 $422,000 for illegal use of another company's source = code in=20 an animation program called Softimage 3D. The program = has been=20 used to create such films as The Matrix, Men in Black, = and=20 Star Wars. But the dispute itself was cited by a = governmental=20 buyer who contends Microsoft should not complain about = pirates=20 when it is guilty of the same transgression. Microsoft = did not=20 respond to requests for comment.=20 Borrowed Code The issue started in 1995 when Microsoft France = purchased=20 Softimage, a Canadian company that developed the 3D = CGI=20 animation program Softimage 3D. The acquired company = was=20 accused of illegally lifting source code from a = proprietary=20 program called Character, developed by the owners of = Syn'x=20 Relief, a company near Paris.=20 In 1994, Softimage had negotiated with Syn'x about = integrating=20 parts of the Character program into Softimage 3D. But = the deal=20 fell through when Softimage demanded all rights to the = code,=20 according to a report in PC World Malta. In 1995, when = Syn'x=20 severed its relationship with Microsoft-Softimage, the = company=20 assured Syn'x that it had removed "some or all" of = Character=20 from its software. But Syn'x charges that = Microsoft-Softimage=20 removed only one part of the code, and retained eight = other=20 functions that Character's developers had registered = with the=20 French National Intellectual Property Institute.=20 After Syn'x sent two letters to Softimage and = Microsoft=20 demanding the functions be removed, the company filed = suit. In=20 1998, Microsoft sold Softimage to Avid Technologies = but=20 remained responsible for the legal infringements of = its former=20 wholly owned subsidiary.=20 Although Syn'x eventually fell into bankruptcy as a = result of=20 the case, the program's authors continued their fight. = Last=20 September the Commercial Court of Nanterre, France, = awarded=20 Syn'x the judgment for damages and interest. Microsoft = has=20 vowed to appeal the decision.=20 Sales Pitch Rebuffed Microsoft's brush with piracy in France came to light = only=20 this week. The case was overshadowed at the time by = the focus=20 on the September 11 terrorist attacks. But recently a = Peruvian=20 congressman raised the issue in regard to a Microsoft=20 contract.=20 Dr. Edgar David Villanueva Nu=F1ez corresponded in = April with=20 Microsoft's general manager in Peru over proposed = legislation=20 there that would require any software used by the = Peruvian=20 government to be open source (or "free software," as = it's=20 referred to in Peru). Microsoft representatives = protested the=20 plan, writing the congressman that producing = open-source=20 software makes a software company vulnerable to piracy = of its=20 intellectual property by competitors. If Peru mandates = the use=20 of open-source software by government agencies, it = "would=20 establish discriminatory and noncompetitive practices = in the=20 contracting and purchasing" of software by public = bodies,=20 Microsoft stated.=20 Nu=F1ez was apparently not persuaded. He replied to = Microsoft:=20 "The inclusion of the intellectual property of others = in works=20 claimed as one's own is not a practice that has been = noted in=20 the [open-source] software community; whereas, = unfortunately,=20 it has been in the area of proprietary software." He = cited=20 specifically Microsoft's conviction by the Commercial = Court of=20 France, "for violation of intellectual property = (piracy, to=20 use the unfortunate term that your firm commonly uses = in its=20 publicity)."=20 Meanwhile, Microsoft remains one of the most outspoken = critics=20 of piracy, aggressively pursuing violators and urging=20 authorities to crack down on anyone who illegally = copies its=20 software. The company even went so far as to include = an=20 Activation Wizard in Windows XP, which prevents = customers from=20 loading a single copy of XP onto more than one PC. The = company=20 amended the policy after user outcry.=20