| ==Phrack Inc.== |
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|
| Volume Four, Issue Forty, File 5 of 14 |
|
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| Pirates Cove |
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| By Rambone |
|
|
|
|
| Welcome back to Pirates Cove. My apologies for not providing you with this |
| column in Phrack 39. However, in this issue we take a look at some recent |
| busts of pirate boards and the organization most to blame for it all... the |
| Software Publishers Association. Plus we have news and information about |
| Vision-X, game reviews, BAD Magazine, and more. Enjoy. |
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| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
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| FBI Raids Computer Pirate; SPA Follows With Civil Lawsuit June 11, 1992 |
| ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ |
| BOSTON -- The Federal Bureau of Investigation raided [on June 10] "Davy Jones |
| Locker," a computer bulletin board located in Millbury, Massachusetts, which |
| has allegedly been illegally distributing copyrighted software programs. |
|
|
| The Davy Jones bulletin board was a sophisticated computer bulletin board with |
| paying subscribers in 36 states and 11 foreign countries. |
|
|
| A computer bulletin board allows personal computer users to access a host |
| computer by a modem-equipped telephone to exchange information including |
| messages, files, and computer programs. The system operator (or sysop) is |
| generally responsible for materials posted to the bulletin board. |
|
|
| For a fee of $49 for three months or $99 for one year, subscribers to Davy |
| Jones Locker were given access to a special section of the bulletin board that |
| contained copies of more than 200 copyrighted programs including popular |
| business and entertainment packages. Subscribers could "download" or receive |
| these programs for use on their own computers without having to pay the |
| copyright owner anything for them. |
|
|
| The business programs offered were from a variety of well-known software |
| companies, including: AutoDesk, Borland International, Broderbund, Central |
| Point System, Clarion Software, Fifth Generation, Fox Software, IBM, Intuit, |
| Lotus Development, Micrografx, Microsoft, Software Publishing Corp., Symantec, |
| Ventura Software, WordPerfect and X-Tree Co. Entertainment programs included |
| Flight Simulator by Microsoft, and Leisure Suit Larry by Sierra. |
|
|
| Seized in the raid on Davy Jones Locker were computers, telecommunications |
| equipment, as well as financial and other records. |
|
|
| "The SPA applauds the FBI's action today," said Ilene Rosenthal, director of |
| litigation for the Software Publishers Association (SPA). "This is one of the |
| first instances that we are aware of where the FBI has shut down a pirate |
| bulletin board for distributing copyrighted software. It clearly demonstrates |
| a trend that the government is recognizing the seriousness of software |
| copyright violation. It is also significant that this week the Senate passed |
| S.893, a bill that would make the illegal distribution of copyrighted software |
| a felony." |
|
|
| For the past four months, the Software Publishers Association has been |
| investigating the Davy Jones Locker bulletin board and had downloaded business |
| and entertainment programs from the board. The programs obtained from Davy |
| Jones Locker were then cross-checked against the original copyrighted |
| materials. In all cases, they were found to be identical. |
|
|
| Subscribers to Davy Jones Locker not only downloaded copyrighted software, but |
| were also encouraged to contribute additional copyrighted programs to the |
| bulletin board. |
|
|
| The system operator limited subscribers to four hours on the bulletin board |
| each day. He also limited the amount of software a subscriber could download |
| to his or her own computer each day. Those who "uploaded" or transmitted new |
| copyrighted software to the bulletin board for further illegal distribution |
| were rewarded with credits good for additional on-line time or for additional |
| software. |
|
|
| "Imagine a video store that charges you a membership fee and then lets you |
| make illegal duplicates of copyrighted movies onto blank video tapes," |
| explains Ilene Rosenthal, SPA director of litigation. "But it limits the |
| number of movies you can copy unless you bring in new inventory -- copies of |
| new movies not already on the shelves. That was the deal at Davy Jones |
| Locker." |
|
|
| Davy Jones Locker was an international concern with paid subscribers in the |
| United States and 11 foreign countries including Australia, Canada, Croatia, |
| France, Germany, Iraq, Israel, Netherlands, Spain, Sweden and the United |
| Kingdom. |
|
|
| Whether it's copied from a program purchased at a neighborhood computer store |
| or downloaded from a bulletin board thousands of miles away, pirated software |
| adds to the cost of computing. According to SPA, software pirates throughout |
| the world steal between $10 and $12 billion of copyrighted software each year. |
|
|
| "Many people may not realize that software prices are higher, in part, to make |
| up for losses to the pirates," says Ken Wasch, executive director of the SPA. |
| "Pirate bulletin boards not only distribute business software, but also hurt |
| the computer game publishers by distributing so many of their programs |
| illegally. In addition they ruin the reputation of the hundreds of legitimate |
| bulletin boards which serve an important function to computer users." |
|
|
| The Software Publishers Association is the principal trade association of the |
| personal computer software industry. Its 900 members represent the leading |
| publishers in the business, consumer and education software markets. The SPA |
| has offices in Washington, D.C., and Paris La Defense, France. |
|
|
| CONTACT: Software Publishers Association, Washington, D.C. |
| Terri Childs or Ilene Rosenthal, 202/452-1600 |
| _______________________________________________________________________________ |
|
|
| PC Bulletin Board Hit by FBI Raid June 14, 1992 |
| ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ |
| By Josh Hyatt (Boston Globe)(Chicago Tribune, Section 7, Page 3) |
|
|
| BOSTON -- In one of the first reported crackdowns of its kind, six FBI agents |
| raided a computer bulletin board based in a Millbury, Massachusetts, home last |
| week. Authorities said the bulletin board's operator had been illegally |
| distributing copyrighted software. |
|
|
| Executing a criminal search warrant, the agents seized several computers, six |
| modems and a program called PC Board, which was used to run the bulletin board. |
| Authorities also seized documents that listed users of the service. |
|
|
| No arrests were made, according to the Software Publisher's Association, a |
| trade group that brought the case to the FBI's attention. The association |
| estimates that, as of March, the bulletin board had distributed $675,000 worth |
| of copyrighted software; software pirates, it says, annually steal as much as |
| $12 billion this way. |
|
|
| The FBI will not comment on the case except to confirm that a raid had taken |
| place and that the investigation is continuing. The alleged operator of the |
| bulletin board, Richard Kenadek, could not be reached for comment. |
|
|
| Around the same time as the raid, the software association filed a civil |
| lawsuit against Kenadek, charging him with violating copyright laws. Ilene |
| Rosenthal, the group's director of litigation, said that "the man had |
| incriminated himself" through various computerized messages. |
|
|
| "There's plenty of evidence to show that he was very aware of everything on his |
| bulletin board," she said. |
|
|
| Bulletin boards let personal computer users access a host computer via modems. |
| Typically, participants exchange information regarding everything from computer |
| programs to tropical fish. They may also, for example, obtain upgrades of |
| computer programs. |
|
|
| The association said its own four-month investigation revealed that this |
| bulletin board, called Davy Jones Locker, contained copies of more than 200 |
| copyrighted programs. |
|
|
| Rosenthal said users also were encouraged to contribute copyrighted software |
| programs for others to download or copy. |
|
|
| According to Rosenthal, subscribers paid a fee, $49 for three months or $99 for |
| one year. She said Davy Jones Locker had nearly 400 paying subscribers in 36 |
| states and 11 foreign countries. |
| _______________________________________________________________________________ |
|
|
| Cracking Down On Computer Counterfeiters July 1992 |
| ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ |
| By B.A. Nilsson (PC-Computing Magazine)(Page 188) |
|
|
| Popular bonding rituals usually aren't criminal. Admire a friend's new car, |
| and you're likely to swap a few stories and a can of STP. You may be invited |
| to take the car for a spin. You can pass recipes back and forth or lend your |
| copy of the latest best-seller to a fellow fan. |
|
|
| Sharing computer programs is another common practice among friends. It's |
| great to help someone who's daunted by the challenge of learning to use a new |
| machine, and sometimes that includes a gift of some of your favorite software. |
| "Here. Why don't you get started with WordPerfect?" And, later, inevitably, |
| "The Norton Utilities will get that file back for you." |
|
|
| Copying a set of disks is so simple and such a private action that you'd hardly |
| think it's also illegal. The legality part is easy to overlook. The copyright |
| notice is a complicated critter, often printed on the seal of the software |
| package that is torn away as you dig for those floppy disks. You may not even |
| be the one who ripped the original package open (in which case, you're yet |
| another who's ripped the program off). |
|
|
| But whether or not you're aware of it, unless you either broke the shrink-wrap |
| or received the package with all disks, documentation, and licensing |
| information intact, you're breaking the law. The good news is that if you're |
| an individual with pirated software on your home computer, you probably won't |
| get caught. But if you're a boss with an angry employee, the Software |
| Publishers Association (SPA) may get tipped off. When the SPA comes to call on |
| your business, it's with U.S. marshals and lots of official paperwork. And the |
| association has an annoyingly good history of winning its copyright- |
| infringement cases. |
|
|
| Perspectives on Piracy |
|
|
| "Computers give us a kind of technical sophistication that never used to |
| exist," says Ken Wasch, the voluble head of the SPA. "In the old days, if you |
| wanted to make your own copy of something like a pencil, you'd need a |
| complicated manufacturing center. But the very fact that you can run a |
| computer program means that you can make a flawless copy of it. This is the |
| only industry in the world that empowers every customer to be a manufacturing |
| subsidiary." |
|
|
| The regulations are spelled out again and again in the software manuals: |
| You're allowed to make one or two copies of the program for backup purposes. |
| Other rules vary slightly from company to company. Some license agreements |
| demand that the software package be used only with a single machine; others, |
| most notably Borland's, let you use the program on as many computers as you |
| wish, provided no two copies of the program are run concurrently, just as a |
| book can be read by only one person at a time. |
|
|
| "If all software developers took the same approach as Borland International, |
| people wouldn't steal so much," says avowed pirate Ed Teach. |
|
|
| (Note: The names and locations of all interviewed pirates have been changed.) |
|
|
| "Borland gives you that book license. Of course, they'll drive you insane with |
| upgrades. They wholesale the software, then make their money on all the |
| subsequent releases." |
|
|
| Teach is the systems administrator for a residential health-care company in |
| the Southeast. "I believe in piracy," he says. "I like to borrow something to |
| play with it. If I like it, I'll buy it." |
|
|
| He dismisses demos and limited versions of programs as inadequate for the |
| testing he prefers; similarly, he considers the typical 30-day return agreement |
| too restrictive. "It's not a realistic time period for an evaluation," Teach |
| says. "I just got a copy of FormTool Pro, and it's a powerful program with a |
| very steep learning curve. I can't devote myself to it and learn what I'd need |
| to know in 30 days." |
|
|
| Teach has spent six years recommending and configuring programs for his |
| company. He does not fit the image of a lawbreaker, and he believes that what |
| he does is morally justified. "I buy the software eventually. My company |
| bought licenses to use WordPerfect 5.1 after starting with a pirated copy of |
| the program. Everything on the company machines is legit." |
|
|
| Copying wasn't always so easy. Old-timers remember the copy-protection schemes |
| that pervaded the computer industry, requiring key disks or special |
| initialization procedures. But users unanimously demanded an end to it, and |
| when Lotus, the last significant holdout, gave in, that era was over. Today |
| you find protection only on games and niche-market programs. |
|
|
| How much has the end of copy protection cost software companies? It's |
| impossible to figure accurately. In August 1991, the indefatigable Software |
| Publishers Association released figures on corporate-use losses that suggest |
| both a staggering financial loss and a possible decline in piracy. In 1987, |
| 1.31 DOS-based software programs were sold for every office computer. The |
| expected proportion is three packages per computer, meaning that more than half |
| of the programs in use were probably pirated. In 1990, the number of |
| legitimate packages jumped to 1.78. But prices have gone up, too, so that the |
| dollar losses haven't changed much: The 1987 liability was $2.3 billion, and |
| the number rose to $2.4 billion in 1990. |
|
|
| The numbers for private-use piracy, on the other hand, can't be calculated. If |
| all the computer users who have never pirated software got together, they |
| wouldn't need a very large hall. Wasch concedes that it's difficult to |
| actually catch and prosecute the individual pirate. "Nobody is actually doing |
| time for piracy," he says, citing the exception of a retailer who was caught |
| running what amounted to a pirated-software storefront. |
|
|
| The Software Police |
|
|
| Although the SPA is targeting home abuse in a current study, Wasch believes |
| that the greatest financial losses are due to corporate piracy. And corporate |
| pirates are easier to apprehend because an angry employee is frequently willing |
| to turn in the boss. "We get about 20 calls a day," says Wasch, who set up a |
| special number (800-388-7478) for reporting piracy. "Ninety percent of the |
| calls we follow up on come from disgruntled employees." |
|
|
| It's the kind of visit most of us have only seen in the movies, and it's |
| usually an unexpected one. A receptionist with one targeted company was so |
| shocked by the arrival of the SPA posse that she asked if it was a "Candid |
| Camera" stunt. |
|
|
| Founded in 1984 as an educational and promotional group, the SPA evolved into |
| a software police force five years ago as more and more software vendors |
| joined. Now almost 800 are in the fold. The SPA began to woo whistle-blowers |
| in earnest about two years ago, after a tip led to the successful bust of a |
| large corporation in the Midwest. |
|
|
| "Business is too good," Wasch says. "We're doing far more lawsuits and far |
| more audits than ever before, and the numbers are continuing to grow." |
|
|
| If your corporation is busted by the SPA, hope that it's done by mail. "What |
| happens then is that we write the CEO a letter explaining that we want to do an |
| audit," Wasch says. "If we find illegal software, the company pays twice: Once |
| for the pirated copy, once for a new one. |
|
|
| "That's a lot better for the company. The fine is much lower, and they don't |
| face the adverse publicity that results from a lawsuit. Still, 60 percent of |
| them promise they won't destroy software before they report it, and then they |
| go and do it anyway." |
|
|
| That was the case with a recent SPA visit to a medium-size defense contractor |
| in Washington, DC. "They agreed to an audit, and then they tried to wipe |
| pirated programs off all the hard disks," Wasch says. "But we knew. Why do |
| they think we called them in the first place? Someone on the inside was |
| talking. I couldn't believe they'd sit there and lie to us about it, we had |
| them over a barrel!" |
|
|
| The increasingly ominous specter of the SPA breaking down the door is making |
| more companies go legit, but some continue to spout excuses. "I don't want to |
| break the law, but I also don't want to go out of business," says Howell Davis, |
| the CEO of an accounting firm in a New England capital. "We can't afford to |
| work without computers, but I can't pay the high price of registering every |
| copy of every program we use. I had to borrow a lot of money to get this |
| business off the ground, and I think of this as just another form of borrowing. |
| It's another loan I'll repay when I can afford to." |
|
|
| Some corporate pirates operate with a sense of entitlement. |
|
|
| "Nobody's going to catch us," says Charles Vane, the managing director of a |
| nonprofit theater company in the Northwest, "and nobody should even be trying |
| to. We're on the brink of bankruptcy. Companies should be giving us software |
| packages as a gesture of support for the arts." He admits that almost all of |
| the software his theater uses is pirated. "We have some nice programs, |
| including an accounting package developed for Ernst & Young that we swiped and |
| a copy of SuperCalc with a bunch of extra modules. And WordPerfect, of |
| course," Vane says. |
|
|
| Where do the packages originate? "Our board members get them for us," Vane |
| says. "Of course, that means we can't be choosy. We have to wait until a |
| particular program comes our way. And what they like to give us the most are |
| games. We have a kazillion games." |
|
|
| Games and piracy are natural partners. Games themselves encourage piracy. |
| Unlike business-oriented programs, they engender intense, short-lived |
| relationships. Or as pirate-BBS operator John Rackam puts it, "Games get |
| boring. That's why you see so many of them on the pirate boards." |
|
|
| Online Piracy |
|
|
| Rackam runs a BBS straight out of "The Man from U.N.C.L.E." It looks like any |
| other medium-size board in the country, with a standard collection of shareware |
| and message bases. Gain special access which only takes $50 and a friend's |
| recommendation and you pass through the secret door into a 600MB collection of |
| the latest applications, including 10 zipped files of the complete dBASE IV, 11 |
| of AutoCAD, and 6 of MS-DOS 5.0. |
|
|
| "Most of the people who use my board are collectors," he says. "They have to |
| have the latest copy of everything." Rackam isn't deterred by the threat of |
| getting caught. "I don't think it's going to happen to me. I'm not doing |
| anything that's really terrible. I mean, I'm not hacking up bodies or |
| anything. I make no money off this. The fee is just for keeping up my |
| equipment. I consider myself a librarian." |
|
|
| Novell takes a dim view of that attitude, as evidenced by an August 1991 raid |
| of two California bulletin board systems accused of distributing Novell NetWare |
| files. Such systems are another target the SPA would like to hit, and Wasch is |
| looking for FBI cooperation. |
|
|
| That makes the Humble Guys Network ripe for the picking. Study the high- |
| resolution GIF file of these buccaneers, and you see a collection of ordinary- |
| looking folks who happen to traffic in pirated game software. The founder, a |
| hacker who called himself Candy Man, has since skipped the country; now The |
| Slave Lord, a student at a southern college, is at the helm. |
|
|
| "The whole point of the network is to get games before the stores have them," |
| says Bill Kidd, a computer consultant in Manhattan. "This is like proof of |
| manhood, how fast you can get them." Kidd professes little personal |
| involvement with piracy, but he knows where the bodies are buried. |
|
|
| "First there are the suppliers who can get a program from a manufacturer well |
| before it's released," Kidd says. "Often the supplier works for the |
| manufacturer. The game goes to the head person, who delivers it to the |
| crackers. They're the ones who remove the copy protection. From there it goes |
| to the couriers, and each has a list of pirate BBS's. The program then makes |
| it all over the country in minutes." |
|
|
| Speed is an obsession. These pirates are armed with 9,600-bit-per-second |
| modems and a must-have-it-now mentality. "The week before MS-DOS 5.0 hit the |
| stores," says Kidd, "most of the pirate boards had already deleted it because |
| they had been offering beta versions six months before." |
|
|
| As far as revenues are concerned, pirate bulletin boards may be more of a |
| nuisance than a threat. "Those people are never really going to buy that |
| software," says John Richards, a product manager with Lotus. "Nominally, it's |
| bad, but it's not as if they're buying one copy of 1-2-3 to put on the office |
| workstation for ten users." |
|
|
| Pirates at Home |
|
|
| While an office environment allows for regular, rigorous audits, the home |
| user gets away with pirating software. Peer under the hoods of a few hard |
| disks, and you're liable to find something illicit. |
|
|
| "It can happen innocently enough," says Symantec's Rod Turner. As general |
| manager of the Peter Norton Group, Turner has the distinction of overseeing one |
| of the most frequently pirated pieces of software: The Norton Utilities. |
| "Someone puts a copy of the software on someone else's machine to test it out |
| and leaves it behind. The other user assumes it's there legitimately," Turner |
| says. |
|
|
| "Often, someone gets software from a friend who got it at work," says Tony |
| Geer, service manager at Computer Directions, a retail outlet in Albany, New |
| York. Geer looks at hundreds of user-configured hard disks every month. |
| "Someone buys a machine from us, then turns around and calls us to say that |
| he's got all this software now, could we tell him how to run it," Geer says. |
| "What am I supposed to do? The customer wants me to spend hours on the phone |
| teaching him or he gets mad. When I tell him he has to buy the program, too, |
| he gets annoyed." |
|
|
| Geer also receives a huge number of requests for pirated software. "A lot of |
| users think that we can load up their hard disks with programs, even though |
| they know they ought to be paying for them and just want to duck the fee." |
|
|
| A few requests come from the truly naive, Geer says. "I'll get a call for |
| software support and I'll ask, What did the manual say?' I didn't get a |
| manual,' the person tells me. A friend gave this to me.' And then I have to |
| explain that software isn't free." |
|
|
| High software prices are a common user complaint. Former WordPerfect executive |
| vice president W.E."Pete" Peterson thinks the $495 list price of WordPerfect's |
| best-selling word processing program is justified, however. "WordPerfect sells |
| about 150,000 copies a month at that price, so quite a few users think the |
| price is justified, too," says Peterson. "A computer costs anywhere from a few |
| hundred to a few thousand dollars. Without the software, the computer is |
| worthless. WordPerfect goes to a lot of work to write and support the |
| software." |
|
|
| The latter includes a costly policy of toll-free phone support, handled by |
| operators who would just as soon not ask for a registration number. It's an |
| expensive way of showing trust, but it has paid off in excellent public |
| relations. |
|
|
| "We try to sympathize with people," says Jeff Clark, public relations director |
| at XyQuest, the company that publishes XyWrite, a word processing program |
| popular among journalists. "We sell replacement manuals as a service to |
| registered users, but there's a call at least once a week from someone who's |
| obviously trying to get manuals to go with a pirated copy." |
|
|
| The challenge then is to educate the caller, who may not even know that a law |
| has been broken. "All we ask of a registered user is to run the program on one |
| machine at a time," Clark explains. "If you're using it at work, yes, you can |
| use it at home. But don't buy one copy to use in an office of eight people." |
|
|
| "A lot of people seem to think copying disks is OK because it's easy to do," |
| says Turner, who is also chairman of the SPA's companion organization, the |
| Business Software Alliance, which fights international piracy. "Then they call |
| our tech line, and we're in the delicate position of telling them they're using |
| a product illegally." |
|
|
| Microsoft is even more benevolent. "We like to know where the pirated copy |
| originated," says Bill Pope, associate general counsel for the company. "It's |
| not always possible to learn over the phone who's pirating something, because |
| we don't require that registration cards be returned. But if we do identify a |
| pirated copy, we'll help the user get it legally, and we may even supply a free |
| copy of the program if we can learn where it came from." |
|
|
| A highly publicized amnesty program was launched by the XTree Company in July |
| of 1982. For $20, anyone with a pirated copy of an XTree program was allowed |
| to buy a license for the entry-level version of the program, thus getting |
| access to the upgrade path. Response was enthusiastic during the 90-day |
| period, but the offer won't be repeated. "You can't offer amnesty over and |
| over," says Michael Cahlin, who markets the XTree products. "You lose the |
| respect of dealers and users who paid full price for it." |
|
|
| Turner is more blunt about it. "Amnesty encourages piracy. I don't think it's |
| been successful." |
|
|
| While the SPA will continue to make headlines with Untouchables-style raids |
| of corporate offices, Wasch also acknowledges that education is the key to |
| fighting piracy. A 12-minute, SPA-produced videotape entitled It's Just Not |
| Worth the Risk spells out the message as a congenial corporate manager is made |
| wise to the ways of the company pirate. |
|
|
| "That tape has been a huge success," says Wasch. "American Express bought 300 |
| copies, and Kimberly-Clark just ordered 100. We've distributed about 10,000 of |
| them so far." |
|
|
| A self-audit kit, also available from the SPA, includes a program that |
| determines what software is in use on your PC as well as sample corporate memos |
| and employee agreement forms to promote piracy awareness. |
|
|
| Seeing the Light |
|
|
| Fear of being caught keeps many people honest, but some pirates will wait until |
| they're forced to walk the plank before giving up. |
|
|
| John Rackam says his BBS users are innocent. "They can't afford the software, |
| and they shouldn't have to pay," he says. "They're downloaders. They un-ARC it and say, This is nice!' Then they never use it again." |
|
|
| Charles Vane believes that software companies should give nonprofit |
| organizations like his theater a break. "If they give us packages, we'll give |
| them publicity. We'll print it in the program, we'll post it in the lobby. |
| It's an upscale crowd that comes through here. We just don't have the luxury |
| of money. I bought one program, ReportWriter, because it was cheap and good." |
|
|
| For casual users, piracy may simply be a phase. "I own 90 percent of the |
| programs I use," says systems administrator Ed Teach. "That's a big reverse |
| from about four years ago, when 90 percent of them were bootlegs." |
|
|
| And there's always the problem of well-meaning friends. Henry Every, a |
| journalist at a Florida newspaper, received pirated programs from friends when |
| he bought his first computer five years ago. |
|
|
| "I had all these programs and no idea how to use them," Every says. |
| "Fortunately, the bookstore had guides that were even better than the manuals, |
| and I became something of a power user. Then I became the guy that a friend of |
| a friend would call for help with his machine. Next thing I know, I'm the one |
| giving away pirate copies. |
|
|
| "But I won't do it anymore. I'm sick and tired of getting those calls all hours |
| of the day and night asking me how to use the damn things." |
|
|
|
|
| No Excuses Accepted |
|
|
| "When I'm sitting across the table from them and they're looking really |
| dog-faced, when I can see the whites of their eyes, it's hard to pull the |
| trigger," says Ken Wasch, the head of the Software Publishers Association. |
| "Nevertheless," he says, "I pull the trigger." |
|
|
| Wasch is not a tender man when it comes to dealing with software pirates. He |
| has no patience for the typical excuses given by those who copy and use |
| unlicensed software, and he offers the following responses to the common |
| complaints he hears from the outlaws: |
|
|
| * The price is too high. |
|
|
| "Hey I don't own a Mercedes Benz. Why? The price is too high. If you can't |
| afford it, don't use it." |
|
|
| * It's better to test the real thing than a crippled or demo version. |
|
|
| "The demos are normally very good. They limit the number of records, or they |
| don't save to the disk, or something. It's enough." |
|
|
| * I'll pay for it later. |
|
|
| "I doubt it." |
|
|
| * I won't get caught. |
|
|
| Wasch laughs. When he does so, you can't help but hope that he's laughing with |
| you, not at you. "Sooner or later . . ." |
|
|
|
|
| How Microsoft Foiled the Pirates |
|
|
| Imitation is flattering only when you don't lose money over it. Many software |
| packages are copied by clever pirates who duplicate disks, manuals, even |
| packaging. Microsoft has been hit often enough by counterfeiters that recent |
| software releases, including the Windows 3.1 and MS-DOS 5.0 upgrade packages, |
| were specially designed to be bootleg-proof. |
|
|
| "Every component part was carefully designed or hand-picked for that reason," |
| says Kristi Bankhead, who works with Microsoft's general counsel on piracy |
| issues. "To the user, it should just look like an attractive box, but it |
| allows us to tell at once if it's legitimate or not." |
|
|
| That strategy paid off in March when FBI agents raided a quartet of Silicon |
| Valley companies that were pulling in up to $600,000 a month distributing bogus |
| copies of MS-DOS and Windows. |
|
|
| Key components of the official, bootleg-proof box designs are colorful artwork |
| and the use of holograms. On the MS-DOS 5.0 upgrade box, a silver circle on |
| the side offers an iridescent image of the logo. A second hologram, a small |
| rectangle on the side of the program manual shows through an expensive die-cut |
| hole on the other side of the box. The interlocked letters D-O-S are printed |
| in a four-color process that results in complicated mixtures that defy |
| reproduction. Even the way the box is folded and the flaps are glued and |
| tucked is unique, it's not a common style, and counterfeiters must either spend |
| time and money to copy it or risk quick discovery. |
|
|
| Even as the DOS upgrade package was being readied for market last year, police |
| detectives uncovered a Los Angeles based pirate ring that was already working |
| on full-scale knockoffs of it. "We got them while they were in the process of |
| completing the DOS 5.0 artwork," said Bankhead, "but we could tell how bad it |
| would look. For instance, they were using a piece of foil for the hologram, |
| and it had no three-dimensional image." |
|
|
| Top 10 Pirate BBS Downloads |
|
|
| 1. Windows 3.1 (Microsoft) |
| 2. Excel 4.0 (Microsoft) |
| 3. Norton Utilities 6.0 (Symantec) |
| 4. WordPerfect for Windows 5.1 (WordPerfect) |
| 5. Stacker 2.0 (Stac Electronics) |
| 6. AutoMap (AutoMap) |
| 7. Procomm Plus 2.0 (Datastorm Technologies) |
| 8. PC Tools Deluxe 7.1 (Central Point Software) |
| 9. QEMM-386 6.0 (Quarterdeck Office Systems) |
| 10. WordPerfect 5.1 (WordPerfect) |
|
|
| It looks familiar. It's very close to a recent Top 10 list of legitimate |
| programs. That's not surprising, since popular programs are also the most- |
| often swiped. |
|
|
| The list above was compiled from a survey of pirate BBS's, with help from John |
| Rackam. He explains that activity is so brisk the profile changes from week |
| to week, with games being the most transitory items (which is why they're |
| impossible to track). Because non-disclosure doesn't exist in the pirate world |
| and exchanging beta copies of software is a pirate tradition, Windows 3.1 won a |
| strong position even before its official release. By the way, there's only a |
| cursory interest in OS/2 2.0, which is ominous news for IBM if pirate interest |
| is any barometer of sales. |
| _______________________________________________________________________________ |
|
|
| Software Publishers Association: Nazis or Software Police? |
| ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ |
| An Investigative Report by Rambone |
|
|
| The Software Publishers Association (SPA) is the principal trade association of |
| the microcomputer software industry. Founded in 1984 by 25 firms, the SPA now |
| has more than 750 members, which include major businesses, consumer and |
| education software companies, and smaller firms with annual revenues of less |
| than $1 million. The SPA is committed to promoting the industry and protecting |
| the interests of its membership. |
|
|
| The SPA has two membership categories: Full and Associate. Software firms |
| that produce, release, develop or license microcomputer software and are |
| principally responsible for the marketing and sales of that software are |
| eligible to apply for full membership status. Firms that develop software, but |
| do not publish are also eligible. Associate membership is open to firms that |
| do not publish software, but provide services to software companies. These |
| members include vendors, consultants, market research firms, distributors and |
| hardware manufacturers. |
|
|
| Lobbying |
|
|
| The SPA provides industry representation before the U.S. Congress and the |
| executive branch of government and keeps members up-to-date on events in |
| Washington, D.C., that effect them. The fight against software piracy is among |
| its top priorities. The SPA is the industry's primary defense against software |
| copyright violators both in the United States and abroad. Litigation and an |
| ongoing advertising campaign are ways in which the SPA strives to protect the |
| copyrights of its members. |
|
|
| This is the impression that the SPA wants to give the general public, and for |
| the most part, I have no problem with it. During a lengthy conversation with |
| Terri Childs of SPA, I was informed of several things. The association's main |
| source of information is from their hot-line and the calls are usually from |
| disgruntled employees just waiting to get back at their former bosses. An |
| example of this is a company that had bought one copy of Microsoft Works, and |
| with over 100 employees, they all seemed to be using the same copy. One |
| particular secretary had gotten fired, for what reason I do not know, so she |
| called the SPA police and spilled her beans. Once that happened the SPA got |
| the balls rolling by instructing the Federal Marshals to get a warrant and |
| storm the building like they own the place. With a nifty little program they |
| have that searches the machines for illegal copies of the software, they came |
| up with the programs not registered to that machine. *Bam!*, caught like a |
| dead rat in a cage. The SPA declined to comment on what has happened to that |
| company since the raid, but they did say the company would be fined "X" amount |
| of dollars for each illegal copy. |
|
|
| Ms. Childs was very helpful though, she explained the idea behind the |
| association, and what they stand for. I was very impressed with what she had |
| to say. However, when I brought up the case concerning the Davy Jones Locker |
| bust. She told me she was not qualified to answer questions involving that |
| case and directed me to Elaine Rosenthat. So a few hours later I called her, |
| and for a few brief moments she seemed to be quite helpful, but then decided to |
| put me on a speaker phone with the founder of the "Association," Ken Wasch. |
|
|
| >From the start I knew I would not get a straight answer out of him. The first |
| thing I asked him is if someone not in SPA obtained an account to get onto DJL, |
| and then gave it to them with log captures from the BBS. He would not give me |
| a straight answer, just that SPA was able to obtain the information. I then |
| asked him what actions are being taken toward DJL and received another run |
| around. |
|
|
| Finally, I asked what type of fine would be likely to be handed down in this |
| case. He refused to give me an answer. |
|
|
| But I did learn one very interesting little fact from all of this. The money |
| obtained by this incident and others like it do not go to the software |
| companies who the SPA claims to be protecting. Instead it goes right into the |
| coffers of the SPA itself! I guess they like to try those Mercedes. |
|
|
| And here is a few more interesting little tidbits about the SPA. Not only do |
| they fine the companies for having illegal software and then pocket the money, |
| but the annual charge for membership on the software companies can range |
| anywhere from $700 to $100,000! It seems to me that it is much more profitable |
| to eradicate piracy than to participate in doing it. |
|
|
| For those of you currently operating or considering operating a pirate bulletin |
| board, I would suggest that you not charge your users for access. Even if you |
| claim that the money is only for hardware upgrades, in the long run, if you get |
| busted, the money you collected will be evidence that suggests you were selling |
| copyrighted software for financial gain. |
| _______________________________________________________________________________ |
|
|
| Vision-X Backdoor Nightmare |
| ~~~~~~~~~~~~~~~~~~~~~~~~~~~ |
| By Rambone |
|
|
| There seems to be a fallacy in the pirate world that all BBS software is |
| untouchable. However, about a month ago a few people associated with the |
| Oblivion team took apart .93 (a version number of Vision-X) and found |
| backdoors. The unfortunate problem with this is that the V-X team put those |
| backdoors in so they could trace down which Beta site was giving out Beta copies. Well, they found the backdoors and called up several boards and used |
| them. |
|
|
| 1. The story from the people who hacked the boards is this, one of the two |
| involved was irate becuase he wrote a registration for .93 so anyone could |
| run it, whether they paid for the software or not. When the V-X team found |
| out about it, they blacklisted him from being able to logon into any V-X |
| system. This was done hard-coded, so no sysop could let him in with that |
| handle. Anyway, the story is they got into several of the BBSes, and even |
| dropped to DOS to look around, but did not have any intentions on |
| destroying data. Basically, they wanted to expose the weaknesses of the |
| software. The problem started when they posted the backdoors on a national |
| net, which means that now any lamer could use this backdoor for their own |
| purpose. According to the Oblivion guys, they did not destroy the data, |
| but some of the lamers that saw the backdoors on the net did. They regret |
| posting the backdoors. They didn't realize that there are some people who |
| are malicious enough to destroy data. |
|
|
| 2. The Vision-X team are positive that the people who did take down the BBSes |
| were the Oblivion team, some say they even admitted to doing it. There is |
| a major paradox in these stories, and at this point it doesn't look like |
| anyone will ever be able to get the entire truth about what had happened. |
|
|
| Backdoors have never been a good idea, even if the authors are positive they |
| will never be found. The recent barrage of system crashing prove that the backdoors will indeed be found eventually. On the flip side of the coin, even |
| if backdoors in BBS software are found, they should be left alone to be used for their original intent. Most authors who put the backdoors into the systems |
| do it to protect their investment and hardwork. Most BBS programers these days |
| work on the software for the benefit of the modem community, and expect a |
| little money in return for their hard work. It is wrong for sysops to use it |
| without permission. You guys need to stop being cheap asses, and support a |
| software you want support from. What is the point of running a cracked piece |
| of software since you cannot get support from the authors and not get the net |
| they are involved in. The nominal amount of money involved is a good |
| investment in the future of your bbs. |
| _______________________________________________________________________________ |
|
|
| "BAD" Magazine Lives Up To Its Name |
| ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ |
| By Rambone |
|
|
| I had never read Bad Magazine until recently. Everywhere discussion about it |
| had erupted, all I saw were comments that it was a waste of harddrive space. |
| However, when Bad's eighth issue surfaced, I heard that there were a few |
| disparaging remarks made about me and a spew of other loose information. |
|
|
| So I went ahead and took a look at it, and what I found was one lie after |
| another. I have never seen a magazine so full of shit as BAD #8. Apparently |
| they seemed to think I mentioned them in Phrack magazine, "Bad Magazine got |
| their first mention in the magazine Phrack." The funny thing is, the only |
| mention of BAD Magazine ever to appear in Phrack before now was a remark |
| attributed to The Grim Reaper that I reprinted. |
|
|
| I could care less about a pathetically lame magazine such as BAD and I never |
| mentioned them and never intended on mentioning them until they raised the |
| issue by taking a pot shot at me. |
|
|
| "The Boys of Phrack however did not do their homework when mentioning this |
| though." This is a quote from BAD regarding comments made about Vision-X, |
| which the article was not even about. What they don't know is that I |
| personally called The Grim Reaper and talked to him before putting anything in |
| Phrack about his bust. That's what the point of the article was about, not |
| about some lame magazine named BAD and what they did. They deemed me |
| responsible for not backing up my facts, when in fact, I backed them all up. |
| Grim Reaper's comments about Vision-X was not my concern, it was his bust for |
| credit card abuse that I was interested in learning about. The remarks |
| concerning BAD were made by TGR, so it would appear that "the boys at BAD" did |
| not do THEIR homework! |
|
|
| "Rambone obviously does not get much exposure to the pirate world." Yet |
| another ridiculous and unsubstantiated remark.. You boys definitly did not do |
| your homework, you better start asking around a little more before making |
| irresponsable accusations. The last words I will say about this is when |
| people put a magazine together, they should try and find writers who will |
| investigate facts instead of fabricating them. If they actually read my |
| article, they would have known that I did not say a word about their magazine, |
| but rather quoted The Grim Reaper. With writers such as those at BAD, I would |
| not suggest anyone waste their time reading it, unless you are into tabloids |
| like National Inquirer, but then at least some of their articles have a basis |
| in fact. |
| _______________________________________________________________________________ |
|
|
| Games |
| ~~~~~ |
| Game Of The Month : Links 386 Pro |
|
|
| : -*- Release Information -*- : -*- Game Information -*- : |
|
|
| : Cracker None : Publisher MICROPLAY : |
| : Protection Type None : Graphics SVGA Minimum : |
| : Supplier The Witch King : Sound All : |
| : Date of Release 07/13/92 : Rating [1-10] 10 : |
|
|
| Sorry guys for reprinting the information file, but I got lazy <g>. |
|
|
| With the advent of the Super VGA Monitors, and the prices becoming more |
| resonable, companies are starting to come out with special games to take |
| advantage of SVGA mode. Most of these games still will play in VGA mode so |
| don't fret. |
|
|
| One of the latest to date, and probably the best is Links 386 Pro, which the |
| title indicates, at least a 386 is required. The installation of the game is |
| one of the most impressive I have ever seen, they cover every aspect of your |
| hardware to take full advantage of it. One of the harder things to swallow is |
| that you must have at least 512k of memory on your VGA card, and it must comply |
| by the VESA standard. If it does, the instalation is smart enough to try and |
| find one for you. |
|
|
| The game it's self is a major improvement over it's predecessor, Links. The |
| graphics are much improved, which was a feat in itself, and many more options |
| and bugs had been taken care of. The company also listened to its customers |
| and added many new features that were suggested. |
|
|
| When first loading up 386 pro, you are greated by a backview of a course |
| instead of the boring blank screen in the original. From there, you can just |
| about set up anything under the moon, from your club selection, to fairway |
| conditions, and techture of the greens. You can even select the wind |
| conditions. One of the most impressive features besides the outstanding |
| grahpics is the option to have multiple windows open while playing the game. |
|
|
| Let's say you are at the first hole, about to drive one down the fairway, if |
| you can make it there, you can also have another window up overlooking the |
| fairway waiting to see where the ball is going to drop. This is just one of |
| many windows you can open, four at the most. After playing it for quite |
| sometime, I would only suggest one or two though. |
|
|
| If you are contiplating buying a game to take advantage of your SVGA monitor, |
| look no further than Links 386 Pro. It's the wave of the future, and it's here |
| now. |
| _______________________________________________________________________________ |
|
|
| No Longer Buy Console, Copy Them |
| ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ |
| Special Thanks Snow Dog |
|
|
| The following is an information excerpt on the GameDoctor. Basically, you can |
| buy a machine called the GameDoctor hook it up to your PC and copy the rom data |
| over to your HD in a compresed format. From there, you can send it over the |
| nets, through the modem, or bring it to a friend's house. You hook the |
| GameDoctor up to your PC, hook your console game to the GameDoctor and transfer |
| the compressed data file onto a blank cartridge. Wow, instant Super Mario |
| brothers. There will be a more in-depth review of this machine in the next |
| issue, for now, here's a little taste. |
|
|
| Snow Dog writes: |
|
|
| The machines are external SCSI interface machines, about the size of a super |
| NES but wider, and fitted for japanese (super famicom) cartridges. They are |
| made by electronics nippon, known as NEC in the States, and friend has one |
| that works on both his Amiga 2000 and his 486-33 (SCSI is universal). |
|
|
| They include five disks of Famicom OS, which you can use on a logical harddisk |
| partition of around six megs since SNES games are measured in MegaBITS and will |
| NEVER get bigger than four meg or so, but the OS needs room. Controllers et. |
| al. plug into the copier units. |
|
|
| If you take an SNES or Genesis cart out of their shell and put it in a SF |
| shell, you can copy them too. It works like teledisk, and Altered Reality in |
| (303)443-1524 has console game file support. All you do is download it and use |
| your own console copier to put it on a cart, or at your option if it is a SNES |
| or Famico game, play it off your OS. Genesis games don't work in the SF OS so |
| you need to copy them to cartridge. |
|
|
| There are Japanese copiers specifically for Mega Drive (Genesis) that will do |
| the same except that the OS is Sega-specific and you'll eed to copy SNES games. |
| There is also a NEC PC Engine (turbo graphics and super graphics) copier |
| because they made the bloody system, but it is proprietary and it will only |
| work with the turbo format. |
|
|
| I have never seen or worked with an internal model, but there is an internal |
| 5.25" full height model in the NEC catalog...I ordered the catalog after I saw |
| an advertisement for it in the back of Electronic Gaming Monthly, and a rather |
| rich friend of mine went and bought the system. He also bought the $130 |
| Japanese Street fighter II and copied it for all of us. How nice of him! Of |
| course we had to buy the cartridges and pay him $20, but he made a $100 profit. |
| Good deal for him! |
| _______________________________________________________________________________ |
|
|
| Okay, that is it for now. Greets go out to Cool Hand, Ford Perfect, Lestat, |
| RifleMan, The CrackSmith, AfterMath, both Night Rangers, Kim Clancy, Bar |
| Manager, Butcher, Venom, and all the couriers who help make things happen. |
|
|
| Special thanks to Tempus for one kick ass ansi! |
|
|
| Until next time, keep playing. |
|
|