Walden, Walden, calm down! Keep things in perspective here. 
 
These are civil issues. The License Agreement should, and I suspect does,
speak to the issue of unauthorized use. This is in the category of patent
infringement, not paying your rent on time, inadvertently bouncing a check,
and speeding. There's fees, fines, and penalties for all of those, yet there
is no crime involved,
 
For it to be criminal there has to be evidence of intent to do a criminal
activity. Were they copying CDs and selling them? Were they delivering truck
loads of CDs to small shops across the country? Did they sponsor a warez
site? Before they are accused of crimes there ought to be more evidence than
a few PCs with unauthorized software. There'd better be evidence of piracy
or some other crime.
 
My own reaction is that they have an excellent case for suing BSA for libel.
I hope they do pursue it and prevail. 
 
 
---------------------------------------------------------
Booth Martin http://www.MartinVT.com
Booth@xxxxxxxxxxxx
---------------------------------------------------------
 
-------Original Message-------
 
From: PC Technical Discussion for iSeries Users
Date: Thursday, August 21, 2003 10:22:16 AM
To: 'PC Technical Discussion for iSeries Users'
Subject: RE: [PcTech] Rockin' on without Microsoft
 
>From: JOberholtzer@xxxxxxxxxxxx [mailto:JOberholtzer@xxxxxxxxxxxx]
>they would have gotten the fees that were due,
 
And fines and back interest?
 
Or are you saying that if BSA came in and said, oh, you're non-compliant,
you have five copies of xxx that you don't have a license for, each copy
costs $100 please pay the software maker $500 everything would be ok?
 
If the former, ok, if the latter, then every company should simply be
_willing_ to pay for software. IF they ever get audited then they'll pay
what they would have in the first place, if they're not audited then they
don't have to pay for software at all.
 
-Walden
 
------------
Walden H Leverich III
President
Tech Software
(516) 627-3800 x11
(208) 692-3308 eFax
WaldenL@xxxxxxxxxxxxxxx
http://www.TechSoftInc.com
 
Quiquid latine dictum sit altum viditur.
(Whatever is said in Latin seems profound.)


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