Frank said:
Honestly, what I have found is that ms went after and still does go
after businesses with some vigor. I find very little (nothing) about ms
going after the "casual" individual user that may have run afoul of the
licensing. The following itself seems to give a mixed message about
pirating in general. Take it for what it says:
http://www.informationweek.com/story/showArticle.jhtml?articleID=198000211&cid=RSSfeed_IWK_All
If you're going to be a software counterfeiter, then please copy and
illegally use Microsoft products.
The above plea isn't from a posting on a hacker forum. Rather, it's how
Microsoft business group president Jeff Raikes feels about software
counterfeiters. "If they're going to pirate somebody, we want it to be
us rather than somebody else," Raikes said.
The remarks might seem surprising, coming from a senior executive at a
software company that spends millions each year fighting software piracy
and developing copyright protection technologies.
But Raikes, speaking last week at the Morgan Stanley Technology
conference in San Francisco, said a certain amount of software piracy
actually helps Microsoft because it can lead to purchases by individuals
who otherwise might never have been exposed to the company's products.
"We understand that in the long run the fundamental asset is the
installed base of people who are using our products," Raikes said. "What
you hope to do over time is convert them to licensing the software."
Raikes said Microsoft isn't about to abandon efforts to track down those
who illegally copy and use its products. However, he said Microsoft has
to balance that approach with the recognition that users of purloined
software could one day become legitimate customers.
"You want to push towards getting legal licensing, but you don't want to
push so hard that you lose the asset that's most fundamental in the
business," said Raikes, who estimated that between 20% and 25% of all
software used in the United States is pirated.
Raikes said Microsoft is developing so-called "pay-as-you-go" software
offerings with pricing schemes similar to those used by cell phone
companies for emerging markets as a way of encouraging low-income
individuals to use the company's products legally.
As to individuals running afoul, the following seems to be
representative of the general position taken by ms on the pursuit of
individuals:
http://legalminds.lp.findlaw.com/list/cyberia-l/msg26618.html
.......Whenever Microsoft or the SBA goes after "pirates" for copyright
infringement as far as I know they have never successfully proven a
violation of a license term by an end-user is copyright infringement.
They always appear to base their cases on straightforward copyright law,
not relying on the license at all.
.......MS doesn't go after individual Windows licensees because it's mass
market software. There's no percentage in filing suits against
individual licensees for (egads!) installing the software on a second
computer. They are concerned instead about unauthorized reproduction and
distribution by pirates invading the mass market.
Doesn't sound like a "vigorous" defense. YMMV.