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story category 'Anti-Spyware' Bill Brings Back UCITA
Software companies could legally shut down your PC, connectivity....
05:00PM Monday Jun 16 2008 by Karl Bode
tags: legal · business · consumers
Tipped by swhx7 See Profile
User swhx7 See Profile writes in: "In the late 1990s and early 2000s, the commercial software industry pushed for states to adopt a "Uniform Computer Information Transactions Act". UCITA was mostly defeated by 2002 - largely because of controversial provisions that would have legalized post-sale "click wrap" contracts, and remote disabling of software or whole computers when the vendor suspected piracy." It would appear that UCITA is born again within a provision buried in Senate bill 1625, the "Counter Spy Act." A little more detail courtesy of Ed Foster at Infoworld:
Click for full size
...troubling is the fact that the language of Subsection 6(a)(10) would effectively allow a software provider to unilaterally decide to remotely shut down the user's computer or Internet or other network connection or service. But whether the use of a particular software is 'unauthorized,' 'fraudulent,' or 'illegal' is often subject to legitimate dispute and merits some judicial consideration before a provider is allowed to unilaterally employ a drastic remedy like remote disablement."
In other words, a bill that's supposed to take aim at Spyware is really giving the software industry the legal right to take unilateral action against your PC or connection should they suspect you're using unauthorized software. Perhaps next up is re-animating Orrin Hatch's failed 2003 effort to legalize the remote destruction of suspected pirate PCs.

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Forums » 'Anti-Spyware' Bill Brings Back UCITA
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Corydon
Cultivant son jardin
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join:2008-02-18
Denver, CO
clubs:
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What a terrible idea!

Can you imagine the potential for hackers, viruses, and other malware?

They'd be able to reach out at shut down anyone they pleased with phony piracy complaints.

Someone really needs to think this one through.
--
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tad2020

join:2007-07-17
Orange, CA

Re: What a terrible idea!

Every worse, somebody compromises the disable keys then the hackers could directly disable every system with the compromised software.

I think we'll be seeing more open source adoption if those kind of systems become legal and mainstream. For the number of times I've seen WGA false positives a year at my office, I'm pretty scared already.

cdru
Go Colts
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join:2003-05-14
Fort Wayne, IN
And hackers, viruses, and other malware can't do this now because? It's not like the parties that create the viruses and malware are exactly ethical and follow the letter (or even spirit) of the law.

Jafo232
You Can't Spell Democrat Without Rat.
Premium
join:2002-10-17
Boonville, NY

Re: What a terrible idea!

It will never happen, as much as every lawyer in the world wants it to. Can you imagine the liability a company would take on to just blindly disable a PC?
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jester121

join:2003-08-09
Lake Zurich, IL

Re: What a terrible idea!

Only half the lawyers are for it -- the other half want to sue the clients of the first half.
EPS

join:2008-02-13
Hingham, MA

Microsoft

Wasn't Windows Genuine Advantage basically the exact same thing?

Though extending it to all other companies (including the RIAA?) would be even worse...

swhx7
Premium
join:2006-07-23
Elbonia

Re: Microsoft

Microsoft has said that WGA doesn't have a "kill switch" and won't have one. But Microsoft could add such a capability in WGA or a Windows patch if it chose to.
nasadude

join:2001-10-05
Rockville, MD

a boon for open source

if anything remotely like this passes, open source software will suddenly be the greatest thing since sliced bread.

I know I would switch in a heartbeat.
Lazlow

join:2006-08-07
Saint Louis, MO

edit:
June 16th, @04:52PM

It should help Linux

IF they were to do this it should help out Linux and harm M$.

Edit: I have to learn to type faster.

Agent_haito

join:2002-09-20
Winston Salem, NC

I'm sure the PRC

would love this!
amungus
Premium
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authorize what?

On who's authority would such authorization be based?

In other words - who watches the watchers in such cases?

Sounds like a precursor to Orwellian control. Linux and most open source things would probably be outlawed immediately.

Scary idea indeed.

DaMaGeINC
The Lan Man
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Greenville, SC
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edit:
June 16th, @05:03PM

Re: authorize what?

That was a good Star Trek Epp.
»en.wikipedia.org/wiki/Who_Watche···Watchers
SilverSurfer

join:2007-08-19

said by amungus See Profile :

In other words - who watches the watchers in such cases?

Good question, but when has that ever mattered with regard to any law that has been passed or is about to be passed?

Roarrrrrrr

@rr.com

LOL

they must have nothing to do up there on the hill...

cdru
Go Colts
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join:2003-05-14
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·Verizon FIOS

Re: LOL

said by Roarrrrrrr :

they must have nothing to do up there on the hill...
Didn't you hear? All the terrorists gave up, all troops are home with their families, unemployment is at historic lows as are mortgage foreclosures, and gas is cheaper then a bottle of water.
jester121

join:2003-08-09
Lake Zurich, IL

Re: LOL

Well, gas IS still cheaper than bottled water at gas stations, if you figure $1.19 for a 1 liter bottle.

fireflier
Coffee. . .Need Coffee
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join:2001-05-25
Limbo

Re: LOL

It's also cheaper than espresso, Amerecium 241 in suspension, bull semen (if you watch Top Gear on BBC that will make sense), and Makers Mark but sadly I haven't found a way to adapt my car to run on any of those things.
jester121

join:2003-08-09
Lake Zurich, IL

Re: LOL

I had a cobb salad for lunch today.

(as long as you're mentioning completely un-related facts, I thought I'd join in. Try threaded view, it's magical!)

gatorkram
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Winterville, NC
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WTF?

What country do we live in again?

How can the value of software userp the investment I have in my hardware to run said software?

I can MAYBE see turning off said software, but to disable my internet access, my network, or anything else that is mine, is just crazy, and should wake up everyone to this crazy bullshit
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Skeedatl
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edit:
June 16th, @05:58PM

Re: WTF?

The Corporate States of America.

Congress has been purchased outright by corporate special interests so that is who the politicans represent.

All of this would end tomorrow if only registered voters were permitted to contribute. Ban contributions by special interest groups like unions, corporations, all of them. If individual union members or individual corporate employees want to contribute on their own, great. But individuals will never compete with the bribe money being thrown around Washington by these powerful groups.

NetAdmin

join:2008-05-22

Re: WTF?

Thumbs up for that...

Nanoprobe
Wandering in subspace
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join:2003-05-11
Orlando, FL
clubs:

Yep! It's the 21st century version of the golden rule. Whoever has the gold makes the rules. We have the best government money can buy.
--
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SNutZipper

@bellsouth.net

Blah...

Time for Bulletin Boards and Fidonet again.......
W5JGV

join:2001-02-03
Natchitoches, LA

Re: Blah...

said by SNutZipper :

Time for Bulletin Boards and Fidonet again.......
I still have my Wildcat! software in the closet, and some 386's to run it on!
ross

join:2000-08-16
·Digizip

Why are these people...

trying to commit economic and societal suicide? The "lock-down" mentality that has this nation in its grip is relentlessly closing the door to our collective future in a technological world. Insidious ubiquitous surveillance, and unreasoning support for unbridled authoritarianism seem to be de rigueur. The supremacy of property rights over privacy, and other civil rights, shall make slaves of us all.

mdm1

@verizon.net

Re: Why are these people...

It's Pelosi's congress and Reid's Senate...both Democrats.
Can't blame Bush for this one...he can't make legislation!

cdru
Go Colts
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join:2003-05-14
Fort Wayne, IN
·Verizon FIOS

Re: Why are these people...

Nor can you blame Pelosi or Reid. Any Senator or Representative can introduce a bill. It was just introduced and it's been referred to committee. While the legislation itself sucks, I wouldn't be too concerned yet until the committee moves it on. Many stupid bills never see the light of day after going to committee.

kadar
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netwire
Premium
join:2001-04-27
Mooresboro, NC

One world....

Makes me hear echos of "One World!" anyone remember that crazy talk?
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Its a Secret
Rabidly yours
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join:2008-02-23
Canada
·Shaw

Good luck with that...

It's going to be hard to shutdown my rig when I don't let ZA Pro allow most of my software to connect to the 'net. That said, this is truly a scary prospect to have anyone have that control.

What's next, email? "I'm so sorry, you have sent an email that is not allowed. You're account is terminated. Please expect the police at your door in 3...2...1..."
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phantom6294

join:2002-02-27
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Re: Good luck with that...

said by Its a Secret See Profile :

It's going to be hard to shutdown my rig when I don't let ZA Pro allow most of my software to connect to the 'net. That said, this is truly a scary prospect to have anyone have that control.
Don't be so sure about your idea... it should be pretty clear from the 'activation schemes' already in use that the software vendor doesn't ever have to send a 'shutdown' command -- it's could be built into the software -- hence the default behavior of the software would be to go into 'you're an evil evil evil pirate shutdown mode' UNLESS it's able to connect to the net to 'verify' that you're running a legit copy.

I mean, isn't Microsoft Office already like this? If it is not activated you can only open an application a certain number of times after which it goes into crippled mode -- also, if it isn't activated in something like 30 days it also goes into crippled mode?

The days of 'you're a software pirate until proven otherwise' are already upon us. I by no means, though, support it and this latest news it just that much more disturbing.
fiberguy
My views are my own.
Premium
join:2005-05-20

Re: Good luck with that...

There is still a legal issue above all of this and I highly doubt that any of this legislation would stand a constitutional test.

In this country, and before action can be taken against you in regards to your legal rights, you have the right to face your accuser. License or not, for them to decide you are pirating something at any point after they have agreed you can use the software would be action and that would require a legal action.

Even if congress wrote the illegal legislation, a quick court action would put a restraining order on it (if someone was smart) and then it would wait for a challenge, where, I would believe very strongly it would be over turned by a court.

This is someone pushing an issue for their money master and I highly doubt that it will go anywhere fast.

DeafRandy

@comcast.net

I can just see...

the 'net disappearing as every company decides to shut systems down unless the user of the software can *prove* that they acquired it legally.

Of course, no one would be that stupid.

Would they?

The only thing corporations really care about is the bottom line. They might even figure that they would come out ahead in profits with the thumb-screws put on piracy.

Then again, people will manage to get around such Orwellian crap. They always seem to, if what I've seen is any proof. What man creates, man can uncreate. Ultimately, it proves governments are really run by the corporations and the fat cats that own them.

Bah, it'll never pass. There would be way too much backlash from companies that get hit by something like that, and the little man.

Transmaster
Onward Through The Fog

join:2001-06-20
Cheyenne, WY


edit:
June 17th, @03:32AM

It is an election season


Senator Pryor

Senator Boxer

Senator Nelson
 
Remember it is an election year so these three turds need to show those they are doing something for all of the money they have received from their important contributors

Sponsor; Senator Mark L.Pryor
Co-Sponsor; Senator Barbara Boxer
Co-Sponsor; Senator Bill Nelson
--
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See 6 replies to this post
Smith6612
Premium
join:2008-02-01
united state

No shutdown...

All you have to do is find a way to hack Windows so that it doesn't understand "Reboot", "Shut Down/Power Off", or "Standby/Hibernate.", or use a software firewall and shut UPnP off to stop all of this from happening. Problem solved.
Mr Matt

join:2008-01-29
Eustis, FL
·Comcast

Microsoft showed why remote disabling is dangerous.

How quickly we forget. Remember that weekend several months ago that Microsoft's Windows Activation Server began disabling legal Windows Vista Operating Systems. The problem was caused because of a defect in the Windows Activation Server Software. Particularly hard hit were the non technical computer user when Microsoft's foul up put their computers in the limited functionality mode. What happens when an ISP gives the wrong IP address to the morons at the RIAA and they damage an innocent persons computer trying to delete legal music files copied from the customers own CD's. One must realize Orrin is a Class A Fascist placing his nose up any companies anus that provides the proper remuneration in the form of campaign contributions. Leave it to the K Street boys to stick it to the ordinary citizen.

Pv8man999

@wideopenwest.com

heres a future horoscope for you

This passes, and then everyone converts to open source Anti-virus.

Imagine if everyone converted to open source applications and eventually open sourced OS's that run any application or game that windows can.

Think about it!!!!

tshirt
Premium
join:2004-07-11
Snohomish, WA

It is legitimate for a software.......

It is legitimate for a software rights owner....... to have a web check and shut down use of THEIR software, if a proper license is not detected. It is NOT legitimate for a software rights owner to shutdown, effect or otherwise damage any computer system, network, or other software on any system.
If they effect any system, THEY should be subject to the highest possible criminal penalties as well as high civil damages. (i.e. test your software well, be sure it is fit for it is for it's intended purpose, and be sure you don't cut off legitimate customers or face the consequences )

See 6 replies to this post

BK3

join:2001-04-10
Geneva, IL
·AT&T Yahoo


edit:
June 16th, @10:28PM

Let's suppose

Suppose that I purchase and properly register a piece of software, that I am properly using within the parameters of the license. Something goes wrong somewhere along the line, and the software publisher thinks I have a bogus copy and shuts down my system. It is later found that the error was on the publisher's side and not mine. Will the software company reimburse me for lost revenues due to his error? If I violated the license, he would surely seek compensation. Since a license is an agreement between 2 parties, if he fails to deliver the usage of the software by his error, should I not be able to also seek compensation?

edit - grammar

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Re: Let's suppose

said by BK3 See Profile :

It is later found that the error was on the publisher's side and not mine. Will the software company reimburse me for lost revenues due to his error? If I violated the license, he would surely seek compensation. Since a license is an agreement between 2 parties, if he fails to deliver the usage of the software by his error, should I not be able to also seek compensation?
Obviously there will have to be blanket immunity given to software manufacturers. There's precedent.
--
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UseFOSSFolks

@nistische-union.de

Re: Let's suppose

Not to be a "fanboy," but this is yet another reason to begin using Linux/BSD. Why anyone would want the crappy, proprietary, DRM controlled, insecure virus ridden products from M$ is beyond me.

To have Big Brother shut down your computer because of some unproven suspicion you have pirated software = Scary

To have them be powerless because you don't buy their products and strictly use FOSS under the GPL = Priceless.

KrK
Heavy Artillery For The Little Guy
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said by BK3 See Profile :

Will the software company reimburse me for lost revenues due to his error?
Not a chance in hell. Remember, as a condition of the license to use their crapware, you have to agree to the terms. So you agree they can shut you down, and you agree that you will like it.

Everything is rigged in their favor. Without some sort of "Consumer's Bill of Rights" you basically are screwed.
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)
rug1000

join:2003-01-26
Louisville, KY

does bill permit these things or only not prohibit them?

maybe only a small distinction, and maybe any such bill should prohibit such actions outright, but does the bill actually permit such conduct on the part of software developers or does it only not prohibit such actions? It seems like state law and possibly other federal law might already prohibit such actions.

-rug
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