Macromedia Inc. vs. Ivanopulo
Well, if you're reading these lines, it means that you'd like to know details of this case. Make yourself a cup of tea or coffe and be ready for very interesting reading (excuse my English though).
I decided to put description of this case first, and after that copies of all emails we've exchanged.
Feb 28 I received an email from Macromedia's anty-piracy manager, Steve Wozniak.
In that letter hi wrote that I should close my page is clearly illegal and that I must remove all my cracks for Macromedia products from it.
I tell him that disassembling of copyrighted material is allowed in Russia (in some cases) and as I don't use cracked programs, I don't break any law.
In next email he called my activity "thieving" and ask what exactly Rusian laws allow me to do it.
After consulting with lawer I replied that we have presumption of innocence here in Russia as well as they have it in US. And if he want me consider removing cracks to their products, HE should tell me what exactly Russian codes or international conventions that has been signed by Russia do I break.
His next email can be called ridiculous if it has not been written by anti-piracy manager of large company. He wrote that Macromedia's and BSA's attorneys in Russia can collect information I requested, but "not without expence"!
Imagine following situation: some person come to you on the street and says you: "you're a dirty robber! Immediatelly leave this town!". Of course, your first qords will be "I'm not a robber. Why should I leave this town". And imagine if hi'll say you: "I can provide you this information, but not without expence"!!! Exactly this situation we have in this case.
I made him a favour in my reply though, and quote some part of Russian law about program's protection for him. And I put my brief description why my situation matches this law.
In his next mail he write that they'll protect their rights and that he haven't even read my email and that I should stop my unsolicited mailing!
Unsolicited mailing! Idiotizm! I tried to help him not to waste his time on this case and mad ehim a favour doing part of HIS job and all that is called "unsolicited email"
So, at this point I have several emails, in which Steve says that my page is illegal, but without ANY ARGUMENTATION. They also contain threats and insults. Anyone can tell me: IS THIS A REASON FOR CLOSING MY PAGE? It's ridiculous.
Well, you can read all our emails below. They are in chronological order, first messages on the top, last on the bottom. If after reading them you'll feel like to drop a line to Steve Wozniak with comments about quality of his job - please don't hesistate to do it. His address is swozniak@macromedia.com.
Ah, and for more easy reading, my emails' text are little bit lighter that his.
His first email:
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Date: Fri, 26 Feb 1999 12:14:29 -0800
To: ivanopulo@usa.net
From: Steve Wozniak
Subject: Software Cracks
I see that your cracks page was taken down by your ISP, but that a number
of illegal download sites are still operating. Examples are -
>FreeHand 8.0.1 (http://www.artcon.ru/cracks/files/iv_mfhnd801.zip)
>Fireworks 1.0 (http://www.artcon.ru/cracks/files/iv_mfw10.zip)
>Dreamweaver 2.0 (http://www.artcon.ru/cracks/files/iv_mrdr20.zip)
>Director 7.0 d190 (http://www.artcon.ru/cracks/files/iv_mrdrc70d190.zip)
>Authorware 5.0 Attain (http://www.artcon.ru/cracks/files/iv_maatt50.zip)
These pages are clearly illegal. Please remove them from the web at once,
and contact me immediately to make arrangements to pay for the software
that was stolen through your site.
Steve Wozniak
Anti-Piracy Manager
Macromedia, Inc.
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My first reply:
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Hello
I'm sorry, but there's absolutelly nothing illegal with this files.
Have you read disclaimer on my page?
Okay, I'll try to make things more clear:
I DON'T use cracked programs. If I like program, I buy it.
All these files are for educational purposes only.
Russian laws ALLOW to disassemble and reverse engineer programs. Even
if license agreement says not to do it. License agreements that
prohibit reverse engineering of program DON'T juridical power in
Russia, because they conflict with our laws.
I agree that using files on my page NOT for educational purposes, but
for increasing program's ecaluation time, or for registering program
for free IS ILLEGAL. But I'm saying again: I don't use cracked
software. I just like to investigate different protection schemes and
show people how weak they can be. And this is NOT illegal activity.
Why should I take any responsibility if someone steals program?? I
don't breaking any law... It's the same thing as to take to the court
person who sold gun to the killer. Ridiculous, isn't it?
And now, when you have all this information and still thinking that
my page is illegal, I'd really appreciate if you tell me why.
Please excuse my English.
Best regards,
Ivanopulo mailto:ivanopulo@usa.net
P.S. My page on artcon.ru has not been taken down. It has been
moved due to lagre amount of traffic that it generated.
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Date: Sun, 28 Feb 1999 20:03:43 -0800
To: Ivanopulo
From: Steve Wozniak
Subject: Re: Software Cracks
Our attorneys in Russia disagree with your theory that software theft is
legal there. The BSA's attorneys also disagree with you. Exactly which
Russian law allows this? Please send it quickly, as your disclaimer has no
legal force whatsoever, and we intend to either have you shut your site
down voluntarily or to make an example out of you.
By the way, there are many cases where the person who provides a criminal
with the means to committ the crime also goes to jail. There is no
legitimate or educational purposes for these cracks, they are simply a
well-advertised aid to theft.
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I never told you that software theft is legal here!
What I told you was that I DON'T THIEVE software.
American laws dosn't allow do disassemble copyrighted programs without
permission of copyright owner. That is because all EULAs that says not
to disassemble programs are LEGAL there. And disassembling the
other's programs is ILLEGAL in US, because it breaks US copyright
laws.
In Russian laws disassembling of copyrighted programs is LEGAL even
without permission of copyright owner (except of the cases when
someone steals disassembling code and use it in his own programs).
The only thing that prohibit decompilation of software is EULA which
every user must accept before installing the software.
But part of EULA that prohibit to disassembling, reverse engineering
etc. of mentioned program is ILLEGAL there, because it contradicts
with our law that ALLOWS to do it.
I hope that you understand my words despite of my bad English :)
Okay, we make things clear about copyright infrigment.
Now the next part. Theft and piracy.
There's NO stolen copyrighted material on my site. All files are made
by me and I haven't use somebody else's code.
All files on my page ARE COMPLETELY LEGAL themselves, because
fact of their existance itself dosn't break any of Russian laws.
I don't use any of my files to stole software. I never used and I
don't use cracked programs. What I do is:
Download evaluation version of software (IT IS LEGAL)
Disassemble it and explore it's code (IT'S LEGAL, LOOK ABOVE)
Make patch to save results of my investigations
When evaluation period is over (or even earlier) I ALWAYS REMOVE
expired software from my pc. If I like program too much, I buy it.
I place results of my works on my page to give the others possibility
to learn about different protection schemes.
You're absolutelly right, disclaimer has no juridical power. I know
it. It has a purpose not to protect me, because I have nothing to be
protected from, I don't break my country's laws; it has a purpose to
WARN visitors of my site about two things:
1. That they can get in troubles if they'll use these files to LEARN
different protection schemes if their country's laws don't allow to
disassemble copyrighted material.
2. That they FOR SURE will break the law if they'll use these files to
stole software and illegally use it after evaluation period is over.
Some people just don't know it, and I don't want to be the cause of
somebody's prosecution. That's the cause why I put this disclaimer.
I'll repeat again: I crack software protection in self- and others-
educational purposes only, not for stolen somebody else's work.
BTW I must to say that your company's excellent programs simple
deserve to be paid for. And if I'd need them in my work, I'd buy it.
But unfortunatelly (for you :) I don't need them.
After that all, I'd like to hear from you again:
What do you mean when you call me a thief and say saying that I steal
software???
What do you mean when you say that I break copyright laws??
Nothing illegal with it, sorry. I'm afraid that you wasting your time
trying to accuse me in things that I never did and never do and
will never do.
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Date: Mon, 01 Mar 1999 13:47:45 -0800
To: Ivanopulo
From: Steve Wozniak
Subject: Re: Re[2]: Software Cracks
Again, we and the BSA have Russian attorneys who disagree with your
interpretation of the law. I would like to know the exact codes or statutes
that you feel make this activity legal.
The ONLY purpose for your cracks is software theft. It is not an
intellectual exersize, it is not for "learning" purposes, except for
helping people learn how to steal software. Your "disclaimers" make it very
clear that you are aware of what your work is used for.
Judging from your work, you are an intelligent man who could pursue much
more fruitful and valuable ventures than this. I ask you to please remove
these items from your pages, or I will be forced, as mentioned before, to
have this matter pursued legally.
Please do not respond - your page being up or down will speak for you.
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Hi Steve
I've constulted with lawer and he remembered me about presumption of
innocence.
Please consider following simple statements:
1. Any activity is legal until there're no laws that make it illegal
2. I don't have to prove you my unguiltiness. Instead, you should
prove my guiltiness if you feel so.
So, if you want me to think about your request for closing my page
due to its illegality, you must provide me following information:
Tell me exactly what Russian codes or statutes (or international
treaties/conventions that has been signed by Russia) I break.
You're Anti-Piracy manager of relatively large company. I doubt that
they pay you just for sending threatening emails to people. You said
that your company and BSA have attorneys here in Russia, so I think
that it will not be too hard for them to collect the information that
I've requested (if there's such information).
Best regards,
Ivanopulo mailto:ivanopulo@usa.net
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Date: Tue, 02 Mar 1999 18:14:08 -0800
To: Ivanopulo
From: Steve Wozniak
Subject: Re: Re[4]: Software Cracks
Macromedia has attempted to appeal to your sense of reason and honesty in
asking you to stop helping people steal our software. You have declined to
remove your site on either account.
Obviously, if you force us to have a Russian attorney work on this for us,
we will do so. This will not be without expense, and will definitely mean
that the opportunity for amicable resolution will be well past us. If we do
prove our legal point, we will pursue the maximum civil and criminal
penalties with no room for any negotiation. At this stage, you can end the
matter simply by deleting a website that you have admitted can encourage
criminal behavior. Past this stage, ending the matter could very well be an
expensive and difficult process for you. Is it worth it for you?
There is no need to respond directly. The existence (or not) of your site
will speak for you.
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Hello
Please don't tell me that I'll have to pay for providing me
information about laws that (as you think) I break. It's YOUR JOB. And
Macromedia should pay you for it, not me.
Now about laws: I decided to make you a favour and tell about codes
you asked.
Here they are (I teied to translate it as close to original text as
possible)
LAW. About legal defence of computer programs.
September, 23, 1992. N 3523-I
Chapter 3, entry 15, point 3:
Person who legally owns a copy of program may without rightholder's
permission and without paying any revenues to him decompile or ask
another person to decompile mentioned program to investigate code
and structure of this program in following cases:
- information needed to interaction of program independently written by
that person unavailable from other sources
- information discovered as the result of decompiling may be used only
for interaction of independently developed by that person program with
other programs and not for creating new program that looks like
decompiled program and not for any action that breaks copyright.
- decompiling performed only for those parts of program that are
needed for mentioned interaction.
======================
as you can see, this law is not clear enough :( But it's a law.
Now please consider the following. I'm a programmer and I write
programs. I need to know about some program's structure to make my
programs functioning properly. During evaluation period I am legal
owner of my copy of software, so, as you can see, I may decompile
those parts of it that I need to write my programs. I write my
programs independently from Macromedia. They don't look like your
programs :). And fact of creating those programs itself doesn't break
Macromedia's copyright. Placing those programs to my webpage doesn't
break any laws also, because it's my copyrighted material and I
have a right to decide where to spread them.
I'm not going to close my webpage, because currently I still have no
information from you about "how do I infringe upon Macromedia
copyright?" I don't have to close my page just due to receiving an
email that states that I break some laws and have absolutelly no
reasoning behind that statement.
So I'm saying again: if you feel that I infrigne upon your company's
copyrights, you should provide me exact information on this matter. If
I and lawers will agree with your argumentation, I'll remove all
cracks to your products from my page.
And please, stop threatening me in your letters. You achieve
nothing doing that. Because if the law wil be on my side (and it IS on
my side) and you'll still be persevering with your threatening and
insulting letters (like calling me a thief etc.), I'll take your
company into court and you'll have to pay me for it.
And againg I need to repeat: we're both adult and intelligent men.
Lets together fugure out, wheather or not I break copyright laws. If I
do - I'll remove material that breaks it from my pages.
Well, I've provided you information you requested. It's your move now.
If you'll have any questions - don't hesistate to write me.
Best regards,
Ivanopulo mailto:ivanopulo@usa.net
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Date: Thu, 04 Mar 1999 15:36:33 -0800
To: Ivanopulo
From: Steve Wozniak
Subject: Re: Re[6]: Software Cracks
As I indicated in my earlier message, I will not entertain any response
other than the cracks on your website being removed. The mere length of
your unsolicted response (which I have not read) indicates this is not the
case. We will move to protect our interests as I outlined in my previous
emails.
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If you have read to this point, I think that situation is quite clear for you. Send your comments to me to ivanopulo@usa.net.
Again: if you'd like to send your comments to STEVE WOZNIAK also - his address is swozniak@macromedia.com