By Jordan Davenport

Identifying the Problem

Legal Protections  Software granted copyright protection as a “literary work” in 1980 by Copyright Act  US Patent Office granted software patents starting in 1989 Mathematical algorithms still unpatentable

Software Piracy  Unauthorized reproduction of software Sharing software beyond the legal limits of the license agreement Does not include archival copies Owners of copies permitted to resell under first-sale doctrine of 1908  As simple as friends sharing with friends  An entire industry created around piracy

Warez  So-called “leetspeak” for “computer software”  Distributed online for free  Released by organized groups  Often released via peer to peer file sharing networks A well-known website dedicated to piracy whose owners were prosecuted in 2009 Image from

The Industry’s Response

Moral Campaigns  “Don’t Copy That Floppy” Video campaign Released by Software Publishers Association in 1992 Highlighted possible damages to the industry caused by piracy Sequel “Don’t Copy That 2” released in (Original Video)

Early Copy Protection  First seen on cassette tapes  Apple introduced copy protection to floppy diskettes Changed address or data marks, still readable by standard hardware  Locksmith for Apple II circumvented protection on floppies Image from

Enter the CD-ROM  Companies such as Sony introduced copy protection on CDs Contained protection data in locations unwritable by typical CD burners Method used for Sony’s PlayStation console

Product Keys & Activation  Product key generally provided upon purchase or registration  Used by Microsoft since Windows 95  Not very effective without required activation  Activation introduced in Microsoft products with Office 2000 SR1

Windows XP “Corporate”  Volume licensed versions of XP Professional required product key without activation  Often swiped from educational or corporate institutions  Leaked VL keys often blacklisted by Service Packs

Windows Genuine Advantage  Used to verify authenticity of an installation of Windows  Notifications component distributed automatically in 2006 as a “Critical Update”  Required for Windows Update

WGA False Positives  Activation servers reported false positives in October 2006  Marked “Genuine” Windows as non- Genuine  Prevented use of Windows Update

WGA in Vista (Initial Release)  Reduced functionality to limited applications after 72 hours of detection  Known problem with false positives  Changed to nag-only in Service Pack 1

Vista’s Volume Licensing  Now requires product activation  Key Management Services servers provide local activation Reactivation required every 6 months  Cracked December 2006, before Vista’s public January 2007 launch Unauthorized public KMS server for a specific VL key

Protections in Mac OS X  No activation required  Trusted Platform Modules  Requires specific Intel instruction sets  Requires EFI instead of BIOS

OSx86 – “Hackintosh”  License requires “Apple-branded” hardware  Hacked to run on other x86 processors, kernel patches, limited support  Psystar sold pre-configured Hackintosh machines with like hardware Apple sued under the DMCA and won

Copy Protection in PC Games  Some require disc to be inserted Original RollerCoaster Tycoon didn’t verify if disc was original or copied  Newer games require online activation Pictured: Valve Corporation’s Steam client

Discussion Questions  Who is hurt worse by copy protection – pirates or legitimate consumers?  What is the average consumer willing to put up with?  Does piracy benefit the industry in any way?

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