Forums: Discussions for entrepreneurs and small business.

Yeah Nikole I get your point. As a student right now I can either spend all my time in the lab or buy the program. I can`t afford even the "student" version. That just leaves the alternative of "borrowing it". Most student I know are learing the programs to become legit. I agree there are barriers to entry in every industry, but if  you can find a way around it I`m all for it.

Now I have to admit that most of the students I know aren`t reselling them. It`s a silly prospect seeing as how nearly anyone with a computer can get it for free. Further I myself have not used these programs  "For Profit" just for learning. I did it for the very reasons you highlighted. Getting fined 10k is not cool. When the  time comes for me to graduate I`ll buy the real stuff. Until then, there are smart alternatives if you search for them.

All in all I don`t think the companies care about piracy until you try to RESELL thier stuff. Then you`re in their pocketbooks.


-------------------------

Follow the journey of Marvin Hawkins Visual Concepts and Nothing Like It Games at http://gamerdeveloper.blogspot.com/

Wrong. Piracy is in their pocketbook just like reselling.

Let`s call a spade a spade - it`s not `borrowing`, `being creative`, `finding a way around`, `smart alternatives`..

That`s like calling The Sopranos business `waste management`.

What you are doing is stealing, and by the way, stealing from all of us as well. When you copy MS Office, Vista, etc., we end up paying more since Microsoft builds in a known % of piracy in their pricing strategies. So thanks for raising the price for us. I`ll make sure my firm returns the favor by never working with you in your lifetime.

Just for giggles ... I`d happily bet that even if piracy was 100% stopped, the price on the software would stay the same. M$ would just make more money.

Kind of like how oil companies shout "supply and demand!" and "the plants were down!" while they are all posting record profits.

I bet you are right - we`ll never know who would win such a bet.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Stealing is stealing.   Pirating software is no less a crime than stealing the software from a store.  Pirating just about any software, songs or cable TV is a crime.  They all deny the original provider of revenue. 

 

Take for example the music industry.  A number of college students have recently been hit with a $3,000.00 bill for down loading pirated music.  They knew it was illegal in most cases, but pirated the music anyway.    

 

As far as students needing to steal software because they can’t afford Microsoft.  That’s B.S.  There are too many options available besides stealing.  There are student versions of Microsoft available at far less than the commercial price.  Or, students can tap into the open source software. I run both type of software on my computer.

 

Just one last thought, Microsoft is beginning to track their software online.  As a result, a number of businesses and people have been charged with violating the “Licensing” agreement that came with the software.  Most home software sales are licensed for one or two computers.  Business buy a license that allows for between ten to fifty work stations.  Beyond that, the business and individuals have to pay for additional licenses. 

 

Peole caught violating their licensing agreement are generally given two choices. They can buy additional licensing or be prosecuted for theft by Microsoft.

 

-------------------------

The older we get, the more excuses we make for not chasing after our dreams. But truth is, goals are attainable at any age.

Hi patentandtrademark,

 

Just something to think about.  People sentenced to prison must still pay restitution once they get out.  The debt is not excused because they go to prison.  It remains an active debt until it is paid off or the person negotiates a deal with the court and the victim.  Often times such a debt will haunt a person the rest of their life, long after the prison sentence has expired. 

-------------------------

The older we get, the more excuses we make for not chasing after our dreams. But truth is, goals are attainable at any age.

while that is true in theory, the cases discusses sentencing as either prison or restitution, not both.  there was discussion that restitution was not a good idea because it would have taken a long time to pay and the guy may have been deported to Russia.  thus, the only other alternative was prison.

Plus, if victims [e.g. Microsoft] are actually interested in receiving the money, as opposed to simply being owed the money, prison is bad.  prison very very rarely helps the money actually get paid.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Hi pantentandtrademark,

Actually, prison does help people pay restitution.  The reason is simple.  Most people sentenced to prison in this type of case will only serve a small part of their sentence.  They are then put on parole.  If they don’t pay the restitution they are sent back to prison.   I know because I spent twelve years in law enforcement.

-------------------------

The older we get, the more excuses we make for not chasing after our dreams. But truth is, goals are attainable at any age.

Federal prison doesn`t have a parole option.

A federal sentence will be served at least 85% , the remaining 15% for good behavior. This is not like state prison, where overcrowding and underbudgeting result in lax sentences.

Ask Scooter Libby.

You are wrong that if they don`t pay restitution, they are sent back to prison. The federal office of parole (the term for presentencing release) and probation collects restitution for the court; as long as good faith is shown on the part of the defendant, they won`t be sent back to prison.

Your law enforcement experience must be at the state or county level. Things are much different in federal.

IP infringement is a federal issue, thus prosecuted and punished in the federal system.

I still am confused by Jame`s argument. You`re an IP attorney, right? Don`t you want to defend your client`s IP with strong measures like prosecution?

every single person I have ever represented that has gone to prison, and that`s more than a few, has come out of prison worse off financially and less able to pay restitution, child support, etc...

I have not made an argument for or against prison - that`s why you are confused by my argument.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com