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Technology Stocks : Microsoft: Windows 97
MSFT 215.23+0.6%Nov 27 1:00 PM EST

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To: damniseedemons who wrote (73)3/26/1997 8:39:00 AM
From: Daniel Schuh   of 74
Why is what Fazendin did illegal? He posted information publicly available on usenet on his web pages. He didn't steal, sell or distribute Microsoft software. What law did he violate? Aiding and abetting violation of Microsoft End User License Agreements? What statute does that come under? How about free speech, or is Microsoft like the war on drugs, where constitutional rights don't count for much?

Maybe, unlike everybody else who likes Microsoft, you didn't say that the DOJ investigation was "unfair". I have a somewhat hard time time taking that seriously when you make broad statements like "cutthoat competition isn't illegal, software piracy is".

Yeah, Nike was a cheap shot, and out of context and irrelevant here. Truth is, in the global economy it's pretty hard to avoid this stuff. I make an exception for Nike, though, because the founder had this Harvard Business school thesis about roaming the world looking for cheap labor, then he just did it. As an investor, of course, you shouldn't think about this kind of stuff.

To tell the truth, I don't know much about the law and software piracy, but I don't think you do either. I'd guess it comes under copyright law, and I have no idea how that would apply in this case. Since this is a civil action, I presume Microsoft is using some contract or other torts angle. There's not going to be a real hearing on this unless some bleeding heart ACLU-type org. picks up on it, which is improbable. In America, justice is like everything else, you get what you pay for, and Microsoft can pay for a lot. I doubt that naive and foolish Fazendin can afford much at all.

Cheers, Dan.
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