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United States Software Linux

Pirate Banned From Using Linux 698

dsinc writes "A guy who uploaded the latest Star Wars movie got arrested, pleaded guilty to 'conspiracy to commit copyright infringement' and 'criminal copyright infringement' and got jail and home confinement. As part of his home confinement, he agreed to install some tracking software on his computer. The problem is He's an Ubuntu Linux user and the gov't doesn't have any tracking software for Linux. So he's been told that he must use Windows for the term of his confinement. Looks like a case of cruel and unusual punishment to me"
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Pirate Banned From Using Linux

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  • And have Linux boxes behind it?
  • Why... (Score:2, Insightful)

    by PunkOfLinux ( 870955 ) <mewshi@mewshi.com> on Thursday August 23, 2007 @05:26PM (#20335915) Homepage
    are they even allowed to do this? "Oh, well, we can't be bothered to make a system for your operating system, so we'll just force you to use something else!" Duh...
  • by Absorbed ( 1122443 ) on Thursday August 23, 2007 @05:28PM (#20335959)
    He could always use VMWare.
  • Re:Why... (Score:5, Insightful)

    by Anonymous Coward on Thursday August 23, 2007 @05:30PM (#20335993)
    Take it in context...

    They probably offered him a deal to spend home time versus all jail time if he agreed to certain terms. They are not FORCING him to use windows, they are saying that if he wants the easy path of punishment, he has to abide by certain rules.

    Also the requirement would only be for if he uses a computer at all. He's perfectly welcome to simply not use one at all.

    All in all, he got off easy and just has to fullow the very simple rules in order to get the easy version of punishment.
  • Re:Why... (Score:5, Insightful)

    by shogarth ( 668598 ) on Thursday August 23, 2007 @05:30PM (#20335999)

    Why? Because he's a convict still serving his sentence (that's why he's under home confinement). If he doesn't like the terms of home confinement, he can always go back in the slammer and have even more restricted access.

  • by rjshields ( 719665 ) on Thursday August 23, 2007 @05:32PM (#20336023)
    I read comments on here about video cameras in the UK and why don't we stick up for our rights. Here is a case of someone being sent to to jail for pirating a movie. This is not an offence worthy of jail time at tax payers' expense. When are you guys going to say enough of this bullshit?
  • Re:Virtual machine (Score:5, Insightful)

    by Chandon Seldon ( 43083 ) on Thursday August 23, 2007 @05:34PM (#20336065) Homepage

    People have made this comment on every single thread on this topic everywhere (Slashdot is the third site I've seen this story on), and it's still wrong and (frankly) nonsensical.

    The requirement is that they run software that can monitor his computer activities. The complication is that the software is Windows-only so it won't run on his Linux system. Your suggestion accomplishes neither party's goal: It wouldn't let them monitor his computer activity, and it wouldn't let him run Linux as the OS on his machine (he'd have to run Windows, and then screw around, and then maybe run some Linux apps in a VM while still paying for a Windows license and dealing with Windows crap).

  • by Oz0ne ( 13272 ) on Thursday August 23, 2007 @05:37PM (#20336089) Homepage
    See, if I was the judge, I'd say he wasn't allowed to use a computer, period, for the duration of whatever sentence is being carried out.

  • by Chandon Seldon ( 43083 ) on Thursday August 23, 2007 @05:41PM (#20336137) Homepage

    Don't do the crime if you can't do the time.

    Sure, but he's done the jail time, and he's not complaining about the probation term at all.

    Just because someone has committed a crime does not mean that the government gets to impose arbitrary terms on them without an explicit court ruling. It especially doesn't mean that the government should be mandating specific non-optimal technical choices that interfere the livelyhood of an expert in a technical field.

    Mandating Windows to a computer expert so they can be tracked for piracy is like mandating a Chrysler mini-van to a farmer because he beat his wife. Sure, you can carry produce to market in a mini-van, but making the farmer buy a new Chrysler mini-van to replace his perfectly functional Toyota pickup truck is absurd.

  • by jez9999 ( 618189 ) on Thursday August 23, 2007 @05:43PM (#20336175) Homepage Journal
    They're already saying that; the problem is they're not going any further.
  • by dougmc ( 70836 ) <dougmc+slashdot@frenzied.us> on Thursday August 23, 2007 @05:47PM (#20336237) Homepage

    Now, a $100 fine atop 5 months in jail doesn't seem excessive to me, but the felony rap making him unemployable does.
    Having the `indirect' penalties assigned to you for a crime being much worse than the `official penalties' is hardly a new thing.


    By `indirect' I mean things like not being able to get a good job, being shunned/tormented/killed by people merely because you're a registered sex offender, etc.

    By `direct' I mean going to jail, paying fines, probation, even having to register as a sex offender.

  • by Anonymous Coward on Thursday August 23, 2007 @05:54PM (#20336305)
    Drunk drivers kill families of 4. This guy isn't a danger to anyone, stupid analogy.

    Even so, when the state drunk drivers attend AA, they don't force them to go to a gay and lesbian AA clubhouse. That is a better analogy.
  • by dougmc ( 70836 ) <dougmc+slashdot@frenzied.us> on Thursday August 23, 2007 @05:54PM (#20336307) Homepage

    "Linux: The only operating system the NSA doesn't 0wn."
    Clever, but who do you think developed SELinux [wikipedia.org], included in the 2.6 kernel source tree?


    pwned.

    Not that the NSA really cares about some movie pirate who got busted, and just because they wrote something useful for Linux and had it included in the kernel, that doesn't mean they're going to go write monitoring software for you too.

  • Re:Why... (Score:5, Insightful)

    by db32 ( 862117 ) on Thursday August 23, 2007 @05:55PM (#20336309) Journal
    Yeah, damn dirty rapist murdering prick...oh wait...he uploaded the new Star Wars. Well, I guess this is the joy of treating copyright infringement as a criminal offense. Unless of course the infringement wasn't the offense, and that subjecting that many people to the latest Star Wars is considered a crime against humanity.
  • by Anonymous Coward on Thursday August 23, 2007 @05:58PM (#20336351)
    The difference is that drunk drivers kill people and destroy actual property whereas the worst thing a pirated movie can do is prevent some other people from making money off their previously completed works.

    Not making money off something you did previously doesn't sound like a very great harm to me, not enough to justify taking away a person's freedom by putting them in jail -or- by making them use Windows. But then again in our "right to profit" society I guess that's a capital offense.

    Hang 'em.
  • by 644bd346996 ( 1012333 ) on Thursday August 23, 2007 @06:00PM (#20336397)
    Forcing somebody to pay money to a third party (ie somebody completely unaffiliated with the victim of the crime) sure seems like an unusual punishment to me. It also seems unjustified (unless you count "government laziness" as adequate justification).

    I think (and I expect most libertarians would agree) that the government should never have the power to force a citizen to do business with any corporation, especially when that corporation is an unregulated abusive monopoly.
  • by kosmosik ( 654958 ) <kos@ko[ ]sik.net ['smo' in gap]> on Thursday August 23, 2007 @06:01PM (#20336407) Homepage
    Maybe because the judge wanted him to be punished (home arrest) but not exactly make him a retard.

    I mean nowdays Internet access is *essential*. It is like having a phone or a car. Imagine you have a job and do DUI. You will be only allowed to use car like 8-9am and 4-5pm (so you can go to work). Without your car you wouldn't be able to work and thus you will loose your job and become a citizen that parasites on others. I don't think that law system is built to punish citizens this way that they loose their jobs and became parasites on others. That would be stupid.

    So with that in mind the judge allowed the man to use Internet (maybe for working from home - quite usual) but he wishes to monitor his activity.

    I don't see anything wrong here.

    But I don't know why don't they force him (if he wishes to use the Internet) to just use a special broadband service for convicts which is monitored server-side. Such setup would not require any client side software.

  • Re:Why... (Score:2, Insightful)

    by SnoopJeDi ( 859765 ) <snoopjedi&gmail,com> on Thursday August 23, 2007 @06:11PM (#20336541)
    If you, him, or anybody else is THAT bothered by it, why don't you just go ahead and start up your own project and work it to government standards, so that in the future, this wouldn't have to happen to anybody.

    Honestly, this guy committed a crime. Nevermind all the complaining everybody does about whether it should or should not be a crime. The item under discussion is the punishment. I'm with a lot of posters above: his sentence could be a LOT worse. Bite the bullet.
  • by eneville ( 745111 ) on Thursday August 23, 2007 @06:14PM (#20336563) Homepage

    Now, a $100 fine atop 5 months in jail doesn't seem excessive to me, but the felony rap making him unemployable does.
    Having the `indirect' penalties assigned to you for a crime being much worse than the `official penalties' is hardly a new thing.


    By `indirect' I mean things like not being able to get a good job, being shunned/tormented/killed by people merely because you're a registered sex offender, etc.

    By `direct' I mean going to jail, paying fines, probation, even having to register as a sex offender.

    yeah i agree with that. sex offender is vague, but because of the big issues with this, it means a minor offence is treated as if it's the worst possible.
  • by Hatta ( 162192 ) on Thursday August 23, 2007 @06:15PM (#20336573) Journal
    It's still not worthy of jail time. Copyright infringement is a non-violent act, imprisonment is a violent act. The punishment should fit the crime, economic consequences for economic crimes and imprisonment for violent ones.
  • by SydShamino ( 547793 ) on Thursday August 23, 2007 @06:21PM (#20336649)
    So as long as a white-collar criminal stashes his money away where the government can't get at it, there should be no punishment?

    Sorry, jail time is appropriate for some economic crimes. Maybe not in this case, no, but your blanket statement just doesn't work in all blanket cases.
  • by Anonymous Coward on Thursday August 23, 2007 @06:29PM (#20336777)
    He could also sponge off nearby open wireless AP if there was one. But he may need to purchase a decent antenna and add an amplifier to do so and it sounds like he is scrapped for cash. That has risks too, I suppose.
  • Re:Why... (Score:3, Insightful)

    by provigilman ( 1044114 ) on Thursday August 23, 2007 @06:31PM (#20336803) Homepage Journal
    That is the most ridiculous argument that I've ever heard...

    The man committed a crime for which there are punishments. It's called THE LAW. In doing so he essentially forked over some of his rights to the government, things like the ability to and do whatever he wants. The government in this case was kind enough to say "Normally this is a jailable offence, however we don't think you really need to go to the pen. Instead we're going to confine you to your house and monitor you computer to ensure that you're not pirating stuff from home. Since we don't have anything compatible with your OS, you'll have to switch to Windows."

    It's no different than them saying "We'll let you out of jail early on certain conditions, such as not committing a crim for the next 3 years."

    On a personal note, I was hoping that the story was about a real pirate...that would've been infinitely more interesting. =)

  • by Mr. Freeman ( 933986 ) on Thursday August 23, 2007 @06:31PM (#20336815)
    Will you please stop using your stupid analogies. Most of them have nothing to do with the situation at hand and by comparing whatever situation you come up with to the one mentioned in the article, you change the basic facts of the case, thus making the entire conversation meaningless.
  • by tungstencoil ( 1016227 ) on Thursday August 23, 2007 @06:58PM (#20337155)
    To be picky and argumentative, "profits were entirely inline with expectations" != no financial impact.

    If, indeed, it was not even quantified does not mean that there wasn't one (and, conversely, conviction doesn't exactly mean that there was).

    I guess that I'm in the mood to mince the hairs of the hair-mincers today.
  • Re:Why... (Score:3, Insightful)

    by Skreems ( 598317 ) on Thursday August 23, 2007 @07:10PM (#20337295) Homepage
    You could also argue that it's completely overboard punishment. What's your point?
  • Re:Why... (Score:3, Insightful)

    by db32 ( 862117 ) on Thursday August 23, 2007 @07:33PM (#20337565) Journal
    1. It is still a stupid and overblown punishment and a waste of time and money to go after these kinds of things with such zealotry. Now, that isn't to say I think he shouldn't be punished in some fashion, but this is just insane.
    2. It is not definitely less than what a murderer would serve. There have been TONS of cases where rapists, child molesters and murderers get out to do it all again, repeatedly, and frequently in less than a year. It has been shown over and over that crimes against citizens are not the same thing as crimes against big money moving entities.

    When I don't have to worry about what part of town I am driving through at what time of night and what color my skin might be, THEN I will be interested in tracking down music/movie uploaders. He is going to serve more punishment than good ol Scooter. The system is so insanely unbalanced chasing down this kind of crap is insane. Hell they had that asshole talk about how they should quit going after murderers and bank robbers because music/movie stealing was SOOO much worse for the economy.
  • Re:Why... (Score:3, Insightful)

    by notamisfit ( 995619 ) on Thursday August 23, 2007 @07:48PM (#20337713)
    I've got a theory that it's part of a more complicated matter, which I currently title "Punishments Get Harsher When People Don't Fucking Listen". Same mentality behind SarbOx, Three Strikes, draconian DUI penalties, all the pushups I did in boot camp, etc.
  • by dwarfsoft ( 461760 ) on Thursday August 23, 2007 @07:49PM (#20337731) Homepage
    The guy did steal, he is being punished, and he is confined to home, but they make him purchase Windows? This is what I really find objectionable, how the hell is somebody who is unemployed supposed to purchase Windows? Its an expensive piece of bloatware (I use Windows on some PCs, but that is due to the nature of my work - supporting clients with Windows). If he pirates it so they can install their tracking software then he is going to be in bigger trouble (potentially).

    So whats to stop him from dual booting anyway? He goes on the Internet and visits normal sites in Windows, then reboots into Ubuntu and does whatever he wants... Unless they tap his connection at the ISP they wouldn't know, and if they did tap it at the ISP then there would be no need for monitoring tools on his PC.

    Sounds entirely retarded to me, not to mention ineffective.
  • Why not? (Score:3, Insightful)

    by SanityInAnarchy ( 655584 ) <ninja@slaphack.com> on Thursday August 23, 2007 @08:10PM (#20337925) Journal
    I mean, I understand it's really up to the FBI how they want to do this -- after all, a convict has no rights.

    I also understand that automotive analogies are lame.

    However, supposing he was allowed to leave the house, would they restrict him to one brand of car?

    I think what this shows, more than anything, is how stupidly incompatible software is. Java had the right idea (but a poor implementation). Software should be platform-agnostic -- perhaps enough so that the FBI could force him to run their own OS, and he'd still have all his favorite software.
  • by westlake ( 615356 ) on Thursday August 23, 2007 @09:13PM (#20338541)
    And have Linux boxes behind it?

    Brilliant. Your advice to this guy is turn a lightly supervised probation into a spanking-new charge of parole violation - playing against the two felony convictions already on his record?

    Go directly to jail, do not pass Go, do not collect $200.

  • Re:Why... (Score:4, Insightful)

    by euxneks ( 516538 ) on Thursday August 23, 2007 @09:15PM (#20338563)

    Take it in context...

    Yes, take it in context, he pirated a bunch of movies - clearly not something that should be jailtime. At most maybe a steep fine, but jailtime is to keep the freakazoids out of society until we can get them (hopefully) rehabilitated to work properly in said society - it shouldn't really be looked at as punishment.
     
    Frankly, I don't believe punishing a wrong works all that well -- you have to psychologically change the person to prevent them from doing it again. Of course, my opinion is my own, largely untrained, based upon a relatively quick judgement =P

  • Re:Why... (Score:2, Insightful)

    by Anonymous Coward on Thursday August 23, 2007 @09:15PM (#20338571)

    But that would be "pirating" the CDs...aaaarrhh...and she could go to jail.
    No one had ever gone to jail for making backups of their cds. Ever. When you make copies and start distributing them is when you get in trouble.
  • by Mr. Freeman ( 933986 ) on Thursday August 23, 2007 @09:26PM (#20338669)
    You compared him to a drunk driver and a thief. Comparing him to crimes which don't even begin to resemble what he actually did is ignoring the facts.
  • by SleepyHappyDoc ( 813919 ) on Thursday August 23, 2007 @09:38PM (#20338761)
    This seems ludicrous to me, not that he has to use Windows, but that they are depending on a program under his complete control to monitor him. What's to stop him from subverting the monitoring...sending back 'all clear' messages to the government and doing whatever the hell he wants? If they really want to monitor him, they should install some kind of locked packet-trapping box on the line coming in to his house...anything less than that is simply untrustworthy, especially considering the person has already shown an ability to do stuff with computers that they'd rather he didn't.
  • by iowannaski ( 766150 ) on Thursday August 23, 2007 @09:39PM (#20338777)
    wow. you are pretty dumb.
  • by Courageous ( 228506 ) on Thursday August 23, 2007 @10:18PM (#20339121)
    He could probably get away with VMWare or the like running Linux under Windows, but that would just run the risk of landing him in jail.

    I doubt it. The court order would have be very specific. Running Linux in Ubuntu is a perfectly valid application of Windows use.

    C//
  • by Anonymous Coward on Thursday August 23, 2007 @10:31PM (#20339235)

    Sounds entirely retarded to me, not to mention ineffective.

    That would be the gov't in a nutshell.
  • The guy did steal, he is being punished,

    No, wrong. He infringed copyright. I know in wonderland where most Americans live, a word can mean whatever you want it to mean, but legally, words have precise definitions.

    No stealing occurred.
  • by xixax ( 44677 ) on Thursday August 23, 2007 @11:04PM (#20339453)
    Which whatever. There's many things said person might do. All of them will leave traces. All of them are likely to be poorly received by by whoever is going to assess compliance. Any sign of fiddling is probably going to be deemed as wilful violation of conditions and maybe result in a Mitnick style prohibition. The goal is not to prevent the behaviour.
  • by dwarfsoft ( 461760 ) on Friday August 24, 2007 @12:14AM (#20339915) Homepage
    This is effectively the same thing. If they say "If you want to use the Internet...", (living without the Internet is tough, or was for me when I had to), "... then you have to buy Windows". The only option he has in order to use Windows is to buy it.

    For me it'd be a question of "Would you like to eat? Well you can only do it at McDonalds (eugh) and we have to monitor you with Ronald McDietitian's to make sure you aren't getting too many Vitamins". Of course you want/need food. You will be forced to using that which has been allowed.
  • by Vspirit ( 200600 ) on Friday August 24, 2007 @12:43AM (#20340081) Homepage
    subject. ..use another computer on the same network ..if they implement tracking routerwise, use the friendly neighbourhood wireless spiderweb.
  • by necromcr ( 836137 ) on Friday August 24, 2007 @02:32AM (#20340603)
    One could add Tor to that and he's set!
  • by Dan541 ( 1032000 ) on Friday August 24, 2007 @05:39AM (#20341449) Homepage
    Or a VPN,

      if the Government cant run applications on Linux Whats the chance of them recognizing a VPN?

    ~Dan

"Look! There! Evil!.. pure and simple, total evil from the Eighth Dimension!" -- Buckaroo Banzai

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