Microsoft accused of patent violation in China

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No such thing as Piracy -- Updates free to all

Brings up the old "Updates should be free no matter what" argument again too. Probably what China is aiming at behind the scenes since even their government pirates on a huge scale.

(1) Security bugs effect everyone. MS has liability from the master code no matter how it came to be used. Piracy or theft is a separate legal issue. Crimes of user theft don't justify negligent or voluntary manslaughter (e.g. hospital or vehicular failures) or economic disruption of trade by MS. Prosecution of MS and its executives and board members personally needs to start now.

(2) MS is free to prosecute any theft of software that people confess. However, detection is a warrantless search. Buying replacement parts for a car does not give people a right to search your vehicle not is it legal to require such a release of 5th amendment rights. Thus updates can't legally give MS search/detection rights no matter what unConstitutional agreement they attach.

(3) There is also the ancient principle of law now called entrapment -- which basically says if you didn't secure valuables well enough that they couldn't be easily stolen then you are the one responsible for their theft - not the thieves you lured with an attractive target. MS software is probably the most easily stolen software around, at least software that someone might want.

(4) World opinion has also come to say that patents are a bad idea economically. They hold back the world economy and allow freeloaders like Bill Gates and the USA. You can't eat or wear an idea or entertainment. Money and gold are just placeholders for what must fundamentally be consistent with a barter economy of tangible items. Barter economies do not have depressions or recessions except for individual items that are seriously oversupplied and cannot be further stockpiles. In barter economies inflation exists only when there are true shortages like famine. Basically software and books should be free except for the media onto which it is duplicated once someone pays for the first copy. Now that may mean the first copy is a really expensive public purchase (commercial) or project (GPL).


Confession by bragging on the Internet in open forums (no expectation of privacy versus MS) or similar public venue is the only legal means. We should stick to out roots. This nation was founded by crooks who stole the whole nation from King George (lands grants were only leases from the King which could be revoked) and threw the Boston Tea party and enslaved blacks and nearly enslaved poor whites. Be proud of the rights that say "nobody saw me and you can't prove it so there is nothing you can do!". Democracy is just temporarily cooperation in an anarchy that lasts as long as the leader throws a good party.

Posted by: wellduh   Posted on: 01/26/08 You are currently: a Guest | Members login | Terms of Use

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