Microsoft Security Essentials disregards copyright?!
Now I might just be picky…. but to me this ‘Sample Submission’ mechanism demonstrates a flagrant disregard of copyright law on the part of Microsoft’s developers.
If I submit this sample, I will be in breach of my license agreement with Torn Banner - and Microsoft will be in breach of Torn Banner’s copyright. (assuming M$ don’t hold an appropriate license)
Further to this, any changes Microsoft made to their program based upon information garnered from unlicensed access to such executables could open the doorway to all sorts of financial claims.
Sure, I’m being pedantic; but these are the big boys.
If they’re going to be anal about the copyright of their own software, perhaps they shouldn’t be so liberal with other peoples’.
I don’t think Microsoft are particularly bothered about end user infringement. At least, not behind closed doors anyway.
My reasoning (its not all my idea btw lol) is as follows:
1.) Enterprise and business is where the money is, not user land. Try pilfering seat licenses as a business or running unlicensed servers and see how far you get.
2.) A wide base of windows users (legitimate or pirate) ensures that windows remains the dominant OS with the largest ecosystem. In turn this means there are more enterprise/business users providing 3rd party software for this large user land. Given point 1, these third party windows developers on the whole use legitimately licensed versions of Visual Studio for development in the windows environment and the same goes for Team System, SQL Server and Windows Server, and Windows. A single user license for Visual Studio alone costs up to $14,000 for the ultimate edition.
If you want evidence of this apparent double standard, notice how patch KB971033 is one of the very few that is not automatically ticked for installation in windows update. This patch disables certain activation cracks for windows. Now, if Microsoft actually wanted to deal with windows OS piracy surely this patch would be silently installed?
Having said all that, whilst pedantic, you do make an interesting point :)
I believe this actually falls under fair use - research purposes.
Yup. Submitting binaries for malware analysis does not violate any copyright.