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Invisiblephreakyzen
My God is anAwesome God

Registered: 12/16/02
Posts: 274
Loc: Under the sea
Microsoft Used Pirated Software to Create Windows XP
    #3402828 - 11/24/04 11:01 AM (12 years, 19 days ago)

Quote:

http://www.tomshardware.com/hardnews/20041115_135458.html

Pirated software used to create help content in Microsoft's Windows XP



By Wolfgang Gruener, Senior Editor

November 15, 2004 - 13:54 EST

Chicago (IL) - Members of a former software cracking group have discovered that audio files created with one of its cracked programs are distributed with each copy of the Windows XP operating system, possibly exposing Microsoft to a large-scale copyright infringement lawsuit.

The content in question can be found on every computer with Windows XP as operating system installed. Nine WAV audio files located in the folder " "Help\Tours\WindowsMediaPlayer\Audio\Wav" in the Windows installation directory include a signature of "Deepz0ne", a member of former cracking group "Radium". If the files are opened not with an audio player, but with a HEX editor or simply in Windows' own text editor Notepad, the last line displays as "000-04-06 IENG Deepz0ne ISFT Sound Forge 4.5".

A source confirmed to Tom's Hardware Guide, that the signature is "authentic for the cracked version of Sound Forge 4.5" and relates to the cracker Deepz0ne. "The Radium group has been dissolved about four years ago, but still meets every week in a casual manner," the source said. "One of the members circulated the information at a birthday part last weekend and then pitched the story apparently to Germany's PC Welt magazine," he said. PC Welt published the story the same day.

xp1 Sound Forge is a professional audio editing software popular among audio enthusiasts. Sony recently has purchased the intellectual property of the product from Sonic Foundry, which developed and sold version 4.5.

According to Benjamin Kern, attorney at Chicago-based law firm Gordon & Glickson LLC, the use of a pirated version of Sound Forge can result in a copyright infringement claim: "Other legal issues, such as patent infringement, trade secret misappropriation and contract breach may also be relevant, but copyright infringement is the most prominent," Kern said. It is unclear at this time, if the current owner Sony or the orginal developer Sound Forge have the right to bring legal action against Microsoft.

When software is transferred from one party to another, the transfer agreement often also includes the transfer of a right to bring an action for infringement, according to Kern. "In this case, if Sound Forge transferred its copyright in the software to Sony, it is not clear whether Sound Forge or Sony owned the copyright at the time the infringement was committed," Kern said.

At this time, liability also appears to be unclear. "Ultimate financial responsibility depends on whether a copyrighted work was provided to Microsoft by a third party, who may be responsible to Microsoft, by contract or otherwise, for any liability Microsoft could face," Kern explained.

Potential remedies for a copyright infringement include actual damages plus profits of the infringer, or set statutory damages. Given the profits Microsoft rakes in with Windows XP, even a small percentage of the profits could result in an unexpected windfall for Sony.

Sony and the Business Software Alliance were contacted by Tom's Hardware Guide but so far have not yet responded to the accusations. Microsoft declined to comment "at this time"




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Offlineadamj
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Registered: 11/11/03
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Re: Microsoft Used Pirated Software to Create Windows XP [Re: phreakyzen]
    #3402966 - 11/24/04 11:47 AM (12 years, 19 days ago)

hah that's pretty funny. good read


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Invisibleafoaf
CEO DBK?
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Registered: 11/08/02
Posts: 32,665
Loc: Ripple's Heart
Re: Microsoft Used Pirated Software to Create Windows XP [Re: phreakyzen]
    #3402975 - 11/24/04 11:50 AM (12 years, 19 days ago)

audio files created with a cracked version of the
software are included in the XP bundle?

doesn't seem quite as bad as including a cracked
version of the software with XP.

I mean...if I created an image in a cracked version
of photoshop and sold that picture to Time magazine,
would they really be liable for copyright infringement?


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All I know is The Growery is a place where losers who get banned here go.


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OfflineAlteredReality
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Registered: 08/30/04
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Re: Microsoft Used Pirated Software to Create Windows XP [Re: afoaf]
    #3403118 - 11/24/04 12:26 PM (12 years, 19 days ago)

No, Time magazine wouldn't be liable, you would, since you sold the picture and made money off of Adobe's product without permission. Now, Microsoft has used a cracked program to create files for their operating system, thereby, technically, making money off of Sound Forge's program without their permission. This, in my eyes, makes Microsoft ENTIRELY responsible, and it looks incredibly hypocritical.


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" If you wish to make an apple pie from scratch, you must first invent the universe." - Carl Sagan

"I am not an advocate for frequent changes in laws and constitutions. But, laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barberous ancestors." - Thomas Jefferson


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Invisibleafoaf
CEO DBK?
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Registered: 11/08/02
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Re: Microsoft Used Pirated Software to Create Windows XP [Re: AlteredReality]
    #3403157 - 11/24/04 12:36 PM (12 years, 19 days ago)

what if they contracted work with some sound guy
to cook up this audio and he delivered it to them
using cracked software?

where does the liability start and end?


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All I know is The Growery is a place where losers who get banned here go.


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Invisibleblink
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Registered: 03/31/02
Posts: 11,343
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Re: Microsoft Used Pirated Software to Create Windows XP [Re: afoaf]
    #3403197 - 11/24/04 12:46 PM (12 years, 19 days ago)

If they could prove that the liability lies with the contractor (papertrail) then it lies with the contractee... or so I would assume. And anybody that takes on contracts (and has half a brain) get insurance and incorporates themselves so they can walk away from shit like this.

Burden of proof lies with MS for this one.


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OfflinePhred
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Registered: 10/19/00
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Re: Microsoft Used Pirated Software to Create Windows XP [Re: blink]
    #3404174 - 11/24/04 04:20 PM (12 years, 18 days ago)

Ummm... almost correct.

Sound Forge first must prove

1) that the files in question were actually created with their product and that

2) MS did not purchase their product.

If MS subcontracted the work of creating those particular files, then if found guilty MS should (and certainly will) sue their subcontractor.

pinky


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Offlinephi1618
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Registered: 02/14/04
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Re: Microsoft Used Pirated Software to Create Windows XP [Re: Phred]
    #3407102 - 11/25/04 04:31 AM (12 years, 18 days ago)

Quote:

2) MS did not purchase their product.




MS almost certainly owns multiple licenses for Sound Forge. But, that wouldn't help them if one of their employees used an unlicesned version (as is apparently the case here).

I'd be surprised if the owner of Sound Forge sues MS over this; it's a pretty small thing, not worth the hassle. It is pretty funny that MS used a pirated piece of software.


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