Network World Highlights BSA's Dirty Extortion Tricks
from the how-is-this-legal dept
We've highlighted how the BSA uses completely bogus stats to push its agenda, but an even bigger issue is how the company uses incredibly underhanded tactics to effectively extort companies into paying massive sums, even if they've legally purchased their software. A few years ago, the Associated Press started calling out some of the BSA's nastier tricks, but it's not like it made a difference. Stories of such tactics continue to pop up. Over at Network World, James Gaskin has devoted an entire column to highlighting underhanded tricks by the BSA, which it uses to bully small companies into paying thousands of dollars:I'm concerned about how the BSA bullies small companies that lose paperwork, or are victimized by angry employees who destroy the single piece of evidence the BSA considers acceptable. What evidence is that? Want to guess? If you guess wrong, you pay a fine.He also highlights how badly the deck is stacked against small companies, and how there are almost no legal rulings on these sorts of things, because the BSA and its biggest members (such as Microsoft, Adobe and Autodesk) know that it's cheaper for companies to settle rather than fight in court. As you read through the article, it just gets more and more ridiculous. Here's just a sampling:
Is the original software packaging enough? Pay a fine. The Certificate of Authenticity on the computer? Pay a fine. The original disks holding the software? Pay a fine.
Adobe, another BSA founding member, has started a program to audit companies for font abuse. Yes, fonts. Each font includes a copyright and you need a license. If someone sends you a Word document with a licensed font, and that font gets used by anyone in your company, it becomes a federal case. Literally.As Glaskin notes, none of this makes using unauthorized software right (especially these days, when there are so many legitimate alternatives), but the BSA's tactics are much worse. It's difficult to see how these sorts of things are allowed -- but as we've seen, various industry associations seem to get pretty much free reign in bullying whomever they want.
One of the BSA tricks Scott really hates is its unbundling tactic. Say you have a copy of Microsoft Office you can't prove is yours. Perhaps the shipping clerk stole the invoice as he left your company to call the BSA and get a reward (it happens all the time). The BSA comes, and charges you not for one piece of software, Office, but individually for each application within Office, like Word, Excel, PowerPoint, etc. Each one brings a fine for illegal use.
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Why are the Boy Scouts of America doing this?
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Re: Why are the Boy Scouts of America doing this?
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Re: Why are the Boy Scouts of America doing this?
Why would the other BSA be involved in software? Which stats would they use to further an agenda? Which agenda? The actual subject should have been blindingly obvious.
Apparently we've found the person who was wondering why the World Wildlife Fund was involved in wrestling before the WWE name was forced...
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Re: Re: Why are the Boy Scouts of America doing this?
>wrestling before the WWE name was forced...
Nah, I was going for the best joke.
The list of Organizations that BSA stands for numbers about 20 according to answers.com. The British Science Association or the Broadcast Standards Association or the Bosnian Serb Army.... Just are not as absurd as the boy scouts but they do have their litigious side that makes things this side of plausible.
Besides I thought the wrong WWF got to keep the name. Panda wrestling is coming soon.
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Re: Re: Why are the Boy Scouts of America doing this?
Why would the other BSA be involved in software? Which stats would they use to further an agenda? Which agenda? The actual subject should have been blindingly obvious.
Apparently we've found the person who was wondering why the World Wildlife Fund was involved in wrestling before the WWE name was forced...
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No, it's just called good reporting. Retard.
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Re: Re: Why are the Boy Scouts of America doing this?
as John Duncan Yoyo stated:
"Please define your initials at least once. BSA could stand for lots of things beyond the Business Software Alliance."
Your comment, "Context is your friend," hazards a different interpretation for each reader. Defining the initials makes it clear for all. It's odd you argue against such common sense.
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Re: Re: Re: Why are the Boy Scouts of America doing this?
Nah, that's just what fan boys do.
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Re: Re: Re: Why are the Boy Scouts of America doing this?
1) Use Google.
2) Click one of the links IN THE STORY which defines the acronym.
3) Use Google.
4) Ask someone.
5) Use Google.
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Re: Re: Re: Re: Why are the Boy Scouts of America doing this?
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Re: Why are the Boy Scouts of America doing this?
mike is talking about the boy scouts. that's how they strong arm you into buying their cookies. if you don't buy a bunch when they show up at your door, then they report you to the Business Software Alliance who will make your life a living hell.
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Re: Why are the Boy Scouts of America doing this?
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Incidentally, I've received my share of threatening/extortion letters from the BSA even though I've used nothing but open-source/free software for a very long time. I finally had the Post Office block them.
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bsa
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Easier just to kick them out
Changing their minds 5 times during an investigation as to what constituted proof of license
Failure of Adobe to keep details of transactions
General inability to be able to state what licenses are required for which product
Their falsly claiming that certain installed software was a module of their software requiring licensing
Requiring proof of license for software over a decade old
Insisting installation copies on servers require another license for just being there
A general inability to allow for bundled software
My advice to anyone engaged with the BSA or one of its sycophants would be to welcome them in on day one, kindly inform them that you are innocent until proven guilty and escort them off site immediatly. Then get rid of as much of their software as possible replacing it with open source or non-BSA stuff
Its way easier and less expensive than their ridiculous 'deals' and select agreements
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Re: Easier just to kick them out
This, like most of life's problems, can be solved with proper application of explosives.
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Re: Re: Easier just to kick them out
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I can attest its all true
In that first audit we ended up paying fines for over 75 copies of Roxio, why? Because Dell didn't list it on the invoice for the PC. Despite the fact that it came pre-loaded, by Dell, we had to pay for this software 3 times over.
The first thing I tell any company looking into compliance is "The only thing that matters is proof of purchase, not the box, not the CD, not the key, if you don't have proof of purchase you've got nothing"
Finishing up a compliance project now at my 3rd company, no audit this time though. This is all preparation just in case.
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B...but, M-Mike...how COULD you?
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Re: B...but, M-Mike...how COULD you?
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Unbundling
Does this mean legally licensed software can't be unbundled, but illegal / 'illegal' software can be?
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Re: Unbundling
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What happened to good old practice of using full name in the first use and abbreviating thereafter.
Or Mesnick thinks, we are all bunch of emo kids for whom it really doesn't matter if they correlate to the right reference.
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Re:
OMG! WTF are you talking about? BTW, if you had RTFA you would have all the context you need, w/o it u r SOL....
"Or Mesnick thinks, we are all bunch of emo kids for whom it really doesn't matter if they correlate to the right reference."
Well, I actually agree with you there, but the reason for this is probably because Mesnick, as the runner up to the Bachelorette is still feeling a little emo himself from the loss...
By the way, what did you mean by "emo"? What is that, some kind of hip acronym for something? Since you didn't fully flesh out its first usage, I can only assume you are referring to the Emergency Measure Organization.
I have to ask why you think that runner up to the Bachelorette thinks we all work for the Canadian version of FEMA....
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Turns out the ijits are trying to copyright God.
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The gosh darned International Jihad for Infantile T-Shirts is at it again? When will their rein of terror end.
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When they show up, do they come with officers of the law with a search warrant?
If not, can't you just tell them to go?
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A. The BSA has no independent law enforcement authority of any kind. Its rights are derived from a power of attorney provided by its member software companies. Those companies have rights created by their software license agreements and under the laws protecting copyrights.
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And to get law enforcement evolved wouldn't that require a bit more evidence then an Ex-Employee saying "They're using pirated software" ?
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You'd think so, but no, it doesn't. All it really takes is the BSA swearing to a jusge that honest, with a cherry on top, we know they're a bunch of dirty pirates. Often, such as where I worked that actually got raided, there is no truth to the allegation.
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Yes, they very often do. First, though, they'll just write very intimidating letters. Most business cave right there because if they show up with sheriffs, then you're not going to be able to use any of your computers for a few days, so you're temporarily out of business. That's rather expensive.
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BSA
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Be Free
Licence agreement for Free/Libre Software => you have the same rights as everybody else, including the creators of the software.
Oh, and Free Software can be just as much commercial as proprietary software. Many companies are running thriving businesses on Free Software. Free Software is about the only part of the software industry still growing in profitability in the downturn.
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Sue me.
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Identifying Licensed Software
So if the BSA refuse to accept the CoA as proof of a valid Windows licence, then they’re violating the terms of Microsoft’s EULA, aren’t they?
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