On Fri, April 25, 2008 12:56 pm, Karl Cunningham wrote:
> On 4/25/2008 11:36 AM, John Oliver wrote:
>> On Fri, Apr 25, 2008 at 10:29:52AM -0700, Gus Wirth wrote:
>>> The authority for performing the audit is the End User License
>>> Agreement
>>> (EULA) for installed software. When you install a Microsoft product you
>>> agree to be audited. The EULA is a business contract, so it has
>>> different rules than if someone just shows up on your doorstep and says
>>> "let me in", especially if you are a business. I haven't heard of any
>>> cases where an individual has been pressed for an audit, only
>>> businesses.
>>
>> A) How can they prove to a court that I have the software that is
>> covered by their EULA before searching?  And, if they claim I have
>> "pirated" their software, how can they claim that I'm covered by the
>> EULA?
>
> I don't think they have to prove anything. All they have to do is
> convince the judge that there is a high enough probability that they
> will find what they're looking for, and that what they're looking for is
> illegal.
>
> One thing I wonder... A search warrant is related to criminal activity,
> but the only BSA action I've heard about is civil. They're getting the
> judge/police to prosecute a civil matter.
>
> Karl

Am I the only one who recognizes that this is a form of barratry?
Selective audits to punish Linux using shops without regard to M$'s
suspicion that they might actually be in violation?

It's like suing someone (or the IRS auditing him) as a punishment because
the poor sap have to defend himself at great expense.

-- 
Lan Barnes

SCM Analyst              Linux Guy
Tcl/Tk Enthusiast        Biodiesel Brewer


-- 
[email protected]
http://www.kernel-panic.org/cgi-bin/mailman/listinfo/kplug-list

Reply via email to