(This article is taken from Northern University unnamed, does not represent this site's point of view, just provide a reference to you, I hope everyone will comment on this issue) Editor: Piracy has always plagued domestic and foreign software vendors, in order to prevent piracy or other intention, Microsoft The MPA feature is attached in its new operating system Windows XP. However, some domestic legal professionals have questioned Microsoft, and they believe that they have violated Chinese laws. This is interest, welcome to express your opinion on this issue! On October 25, 2001, the world's famous Microsoft launched a WindowsXP new operating system. Previously, the author has always been full of new products developed by 5 billion US dollars. However, when the author subsequently learned the MPA function included in X P, the mood also changed. The description of the MPA feature in the news report is that Microsoft Product Activation (MPA) is Microsoft's latest anti-theft function in WindowsXP. Its principle is that XP software will quickly remember your computer hardware. When the computer's memory, graphics card, processor and other hardware parts are changed, it is in the case of using pirated or upgrade hardware, etc., once the test results do not match, XP will automatically lock the machine, and the user must obtain a specific password from Microsoft to recover run. Here, I can't help but think of "KV anti-virus" logic lock 'case "in China who once sensated in China four years ago. In July 1997, Jiang Min Company joined the "logical lock" program in its latest anti-virus software KV300L , the main role of this program is to identify piracy and genuine software users. When using the pirated keyboard to run KV300, the program immediately launched the lock computer to make the computer hard drive could not be used, but it won't cause damage. As long as the pirated user acknowledges piracy to Jiangmin Headquarters, you can get unlock passwords and restore machine work. The move was later discovered by the user, and the industry was in a hurry. On September 8, Jiangmin Company officially received a ruling that Beijing Municipal Public Security Bureau's Computer Security Monitoring Office. The ruling refers to Jiangmin Company to combat piracy activities, add the protection of the copyright program in the software, causing a computer crash that uses pirated tools MK300v4, which is intentionally entered harmful data to endanger computer information system security. According to the provisions of Article 2 3 of the Safety Protection of the People's Republic of China, it decided to give a penalty for 3,000 yuan. The provisions of Article 23 of the People's Republic of China Computer Information System Security Regulations are that deliberately input juice computer viruses and other harmful data hazards computer information system security, or unauthorized sale of computer information system security dedicated products, The public security organ is warned or a fine of 5,000 yuan or less, and the unit is fined below 15,000 yuan; if there is illegal income, except for confiscation, it can be a fine of 1 to 3 times the illegal income. What is "harmful data"? In the "Computers" issued by the Ministry of Public Security on "Harmful Data" issues related to the "Computer Information System Security Regulations" of the People's Republic of China, the "harmful data" issues are pointed out that harmful data refers to the "hazardous computer information system operation and Features, application software, data reliability, integrity, and confidentiality, computer programs for illegal activities (including computer virus). Although Jiangmin Company combat piracy is not unable to, but due to its "logical lock" procedure illegally deprived users Computer usage rights, which constitutes illegal acts that deliberately input harmful data hazard computer information system security.
We can compare Microsoft's MPA features with Jiangmin's "logic lock" program, both of which are the same: 1, the purpose of the two claims to be anti-piracy; 2, the two methods are Add a recognition program for a specific machine operating environment; 3. The function of the identification program is to start locking users under certain conditions; 4, both have recovery pathways, that is, users have registered with developers Unlock the password. According to the above comparison, Microsoft's MPA function and Jiangmin's "logical lock" program are the same, and the functions and results of Microsoft sets the MPA functionality should also belong to intentional input harmful data hazard computer information. System security illegal behavior. As a legal person who is concerned about IT industry, the author is particularly sensitive to this violation of this hazardous user computer system. From the author's view, Microsoft's behavior has two legal violations and errors: 1. Since the MPA function will lock the machine in a specific computer operation environment, that is, when the genuine user upgrade computer software and hardware constitutes operation After the environment changes, the machine will also be locked (the "logical lock" of Jiangmin is only for pirated users). This kind of non-innocent practice, for users who have obtained software use rights according to law, have constituted a competition of contract default behaviors and infringement. According to the Consumer Rights Protection Law, "Contract Law" and "Product Quality Law", users fully have the right to complain Microsoft, asking the court to order Microsoft to stop even MPA infringement, and apologize and compensation. Second, Microsoft's self-service law enforcement, illegally exercise the power of piracy and law enforcement. Regarding such events, there is a very famous metaphor: a planting fruit tree, because the thief has repeatedly stealing fruits, and the alarm is too small because the case is too small, and the public security is too busy and failed to be handled in time. So the fruit farmers set up a power-on high-voltage grid around the orchard. As a result, he really made a small stealing electric dying. When the public security came to the people, the fruit farmers were not convinced: I just put the power grid in my own "home". If he is not to steal the earth, it will not be electrified. This behavior is early in Chinese criminal law, is a criminal act, and the crime is called by his method to endanger public safety. If the above metaphor is compared to the MPA, we will find that in addition to the life of illegal stripping people, there is no substantial difference in the use of illegal deprivation of users. Anyone is not self-sufficient, this is an ancient Western legal concept. It is used in China, "the law can be governed" is the most vivid explanation. Although the concept of anti-piracy is correct, we are in the rule of law society, the legal concepts that should be: any person's rights and life must accept legal constraints and protection, and anyone may not be discontinued without the national law. . The behavior of anti-piracy should be under specific legal provisions, reasonable behaviors based on national institutions, rather than "violence" in violence. " Because these behaviors do not help the overall society. An important cornerstone of intellectual property law is to protect the author's rights and must take into account the interests of the public. Society maintains normal public safety and order, is an embodiment of the public interest and the author's rights to obtain social respect and maintenance prerequisites. We are trying about it, if the major software vendors have improved Microsoft to join the MPA function in the software, what is the minimum security saying? (Generally, dozens of software on a computer, then change One hardware configuration, isn't it to contact dozens of manufacturers once? If the hundred sets of software?) What is the normal public security of our network? What is our society tells us normal management order? One is not Order society will be the primitive society that is not guaranteed.
