Linux felon forced to install Windows

A Linux user who was jailed for uploading a film onto a peer-to-peer service has been told he will have to switch to Windows if he wants to use a computer again.

Scott McCausland, who used to be an administrator of the EliteTorrents BitTorrent server before it was shut down by the FBI, pleaded guilty in 2006 to two copyright-related charges over the uploading of Star Wars: Episode III to the Internet. As a result, he was sentenced to five months in jail and five months' home confinement.

McCausland--who also goes by the name "sk0t"--has since been released from jail, but on Tuesday he reported on his blog that the terms of his sentence meant he would have to install Windows if he wanted to use a computer during his probation. "I had a meeting with my probation officer today, and he told me that he has to install monitoring software onto my PC," wrote McCausland. "No big deal to me...that is part of my sentence."

"However, their software doesn't support GNU/Linux (which is what I use)," continued McCausland. "So, he told me that if I want to use a computer, I would have to use an OS that the software can be installed on. Which basically means: Microsoft and monitoring software or no computer. I use Ubuntu 7.04 now, and they are trying to force me to switch. First they give me two felonies, then they throw me in prison, and now this."

According to the Web site TorrentFreak, McCausland and his attorney will fight the situation. "It isn't the fact that I have to be monitored that bothers me, it is the fact that I have (to) restructure my life (different OS, different software on that OS) and that they would require (force) me to purchase software while I am currently unemployed and relatively unemployable with the two felonies that they gave me," McCausland said. "It is just a ridiculous situation."

David Meyer of ZDNet UK reported from London.

[anseljh]

A word of advice...

"First they give me two felonies, then they throw me in prison, and now this."

That's not going to earn him brownie points with his parole officer. He might want to start with coming to terms with the fact that he *earned* the felonies.

[David Arbogast]

agreed

No kidding... He should be happy that he can use a computer at all while on probation...

[stygianumbra]

Yes the Nazi soldiers that supposedly were involved in the "holocaust" and/or "war crimes" were put to death or sentenced to life in jail, however American soldiers who raped, tortured children and women, burned villages, and sprayed toxic chemicals over civilians and soldiers alike in Vietnam are innocent. Justice is blind hence; the statue of ?lady justice? but the law is also subjective. Apparently cutting into the massive profits of giant corporations is worthy of felony status by some stretch of broken subjective logic. I say he did not *earn* those felonies and as far as I am concerned he should take flight leave the country and write articles on how America is a corporatist fascist wasteland of ignorant naive cattle. So many elite are guilty of so many crimes that are never be punished by law due to its subjective nature it makes me sick. Then they come along with their powerful lobby, friends and money to get what they want from the ?law?. Political power flows from the barrel of a gun, buy many guns.

[MaLvaDo39]

Cruel and unusual!

How can such torture be allowed by forcing Windows onto
someone... Poor guy :(

[steve4lee]

not so unsual

Cruel, yes, but not so unusual.

For example, you get the same punishment just for being a real
estate agent in Colorado.

[gggg sssss]

UN

Quick, alert the U N Human Rights Commission - err, no tehy are too busy defending that A** in Botiswana

[Phillep_H]

Definatly!

LOL, my first thought as well.

"Oh, the horrors! Oh, the shame! Forced to use Windows!"

[DaiMac]

Any other OS options?

Can he run it under any other OS or just Windows? I would say try
Mac OS since its at least a form of *Nix, but something tells me this
software is probably Windows only.

Its funny that a "security" program dealing with not Data but real,
physical criminals would run on Windows, the least secure
operating system (particularly out of the box) available.

[FellowConspirator]

Not peculiar

A lot of that type of software runs under Windows. Back when
people were stealing e-mails from "carnivore" systems, that's what
they were hacking. A bunch of the wire-tap systems are unsecured
Windows machines too. There had been floating around for a while
some instructions on ho to locate and log-in to them to intercept
phone calls -- and one person noted that most of the people
logging into them seemed to be from eastern europe. I guess it's a
good time to be a corporate spy.

[ThatScienceGuy]

Jackbooted thugs...

Hey, here's an idea:

STOP COMMITTING FELONIES!
Maybe they should NOT LET YOU USE A COMPUTER while you're on parole.

Sheesh. People in this country REALLY need to learn to at least ACT like responsible adults.

[qwerty75]

Poor guy

It is not like he killed anyone.

He should just set up a dual boot machine. Occasionally use Windows so they don't get suspicious, but mainly use Linux.

His PO is a windows user, so it is not like he knows much about computers.

But forcing anyone, even a very low level criminal should ever be forced to use Windows. That is a cruel punishment.

[aka_tripleB]

I think even an idiot might notice a dual boot machine eventually

I mean come on. Who wouldn't notice a screen that asks you which system you want to boot into? Besides, there'll probably send a member of the IT staff to check up on this guy. Or the parole officer actually knows something about computers, because the article didn't specifically say he didn't.

[peripo]

absolutely agree

Yeah, he's served his time, but forcing him to use Windows is way beyond fair.

Maybe if he knows someone with a Windows machine he could 'fudge' his use of windows.

I wouldn't trust the authorities not to send someone to check if he's dual booting. Might be too risky.

But it totally sucks that he should be made to use Windows. Maybe if that had been his punishment I could agree, but that he should serve his sentence and then have this put on him as parole conditions. Very wrong!!!!

[cary1]

Dear Scott, I think you should just say no and not use computer at all...

... since you do not want to "restructure" your life to a different OS.

I wonder how you managed in jail. Did they give you a uBuntu computer there?

Even if you have to use Windows, don't worry. Ubuntu 7.04 kinda looks and works like Windows 98 & MS-DOS.

"and that they would require (force) me to purchase software while I am currently unemployed and relatively unemployable"

Wait a second... so you have money to pay your attorney to fight in court for Linux, but you don't have money to buy software?....

anyways, when you start your Internet Explorer, do go to this article: http://fakesteve.blogspot.com/2007/07/freetards-in-deep-denial.html

[qwerty75]

As far as Linux distros

Ubuntu is not very good. It is however, far more advanced, stable, and secure then XP or Vista.

To say otherwise shows how clueless you are.

This would be the same as his PO saying he couldn't go to a 5 star restaurant(Linux) while on parole, he can only eat at McDonalds(Windows).

[Lindy01]

First

You?re a thief and a felon....no one cares about your terrible plight.

Second get creative, run the Windows OS in a VM and install the monitoring software and just let it run?..doing nothing.

[polaris20]

So this guy uploads a movie to the internet...

and gets 5 months in prison, yet Paris Hilton gets behind the wheel intoxicated, and is out in a few days?

This is absolutely a fantastic example of how screwed up the legal system is.

[QuetzalcoatlUSA]

apples to oranges

legally, that's kind of like comparing apples to oranges. you might not like intellectual property law, but uploading a movie you don't own so others who don't own can download for free is a felony. he was convicted and frankly should be happy they are letting him use a computer at all. i guarantee if there was a firearm involved in the commission of this crime - instead of the internet - i doubt we'd be reading about him crying he wasn't able to purchase the handgun he needed to put his life back in order.

[rhett121]

NO! Get it straight...

Paris was convicted of drunk driving WHILE on probation for
drunk driving! That's what she did her hard time for, habitually
endangering the public!
Also see Lindsay L and Nicole R. as other gleaming examples of
American justice.

[giraffedata]

Law is not so simple

It's more of an example of how screwed up it is that so many people think law is so simple that they can determine a proper punishment based on a few paragraphs on CNET and sound bites on the evening news. No wonder people have a low opinion of lawyers -- the whole profession is unnecessary because it's obvious what the verdict and punishment in any case should be.

Some things to consider about the punishments here:

McCausland had plenty of warning that he was being specifically targetted and proceeded anyway.

McCausland showed no remorse. Even in an interview this week, he says he would probably have done the same if he knew of the 10 month sentence in advance and might even do it again.

Hilton cried and insisted she wasn't aware she was still on probation.

Revenge of the Sith cost about $100 million to make. If people could freely copy it, the people who paid that money wouldn't get back a tenth of it. They spent the $100M based on a promise from Society that they could have exclusive copy rights.

In the 6 hours before the FBI could react, 10,000 people downloaded the movie. If they hadn't been watching, there probably would have been 10 times that. Plenty of those people would save the price of theater admission. That's the same as McCausland printing up counterfeit movie tickets and dropping them from a plane.

Hilton didn't hit anyone, and on that one trip probably wouldn't have.

The main purpose of criminal sentences is to set an example. There is widespread theft of copyright that appears to be unregulated, whereas we're all inundated with stories of drunk driving arrests.

[make_or_break]

Grow up...judges drink too

And so do DAs and prosecutors. No one gives a rip about the drunk driver until he or she finally KILLS someone. However the MPAA and RIAA [i]do[/i] give a rip when they see someone doing something that [i]steals[/i] from them. They bend Congress' ear. They contribute to political warchests. They take and they won't let anyone try to destroy that.

Welcome to the world of the real.

[jabailo]

Do The Crime; Face The Ultimate Punishment

I think the guys who run Guantanamo Bay are listening.

[robwill53]

Clueless

So you committed two felonies by stealing clearly labeled (I think most of us that regularly watch movies can recite the FBI warning by heart)intellectual property from Lucas Films and giving it away free of charge and you think it's someone else's fault? I hope your attitude is not representative of the broader Linux community. Get a life man. You are an unremorseful double felon. That's not going to take you far in the real world. How could I consider hiring you with an attitude like that? Almost any white collar job involves some proprietary information that must be respected. Comply with the terms of your probabtion and err on the side of being extra humble and rspectful as you are trying to re-integrate into the community. Repeat offenders have it much harder than simply having to use Windows for 6 months.

[qwerty75]

It may be illegal

But it is NOT theft.

Nothing was taken. Nothing was lost.

The fact that this guy got 5 months shows just how much corporations are in control of the country.

[deuce2001]

Why not Use Wine

Install wine on Ubuntu and run the windows app. If that doesn't work ..... suck it up you got caught.

[unigamer69]

Wine is for userland code only.

Wine has a lot of limitations. Almost certainly, the policeware has kernel-mode code of some kind - the good kits do.

Wine won't cover such code, AFAIK. In fact, a lot of things won't work on it.

[shane--2008]

real question is

the real question is, is the copy of windows pirated?

[robert1275]

Just deal with it for a while

Just deal with the fact that you have to follow the sentencing guidelines. You broke the law. If you are allowed to do so there are several companies who are willing to pay you to work at home as an independent contractor, such as customer service agents and so forth. Some of them won't even bother checking your resume

[FellowConspirator]

Quit whining and install VMWare.

... you can have your cake and eat it too. It's not a fantastic
solution, but it should suffice. You can use your OS running on
top of the fed's spyware without any problem. It'll monitor all
your network traffic like the court wants, and you can use your
preferred environment.

Granted, you're not going to be able to make full or optimal use
of your hardware, but them's the brakes. Once you're off parole
you can simply copy the OS out of the VM image back onto the
machine (replacing Windows).

Darn, you'd think a Linux user would no better. No doubt the
government would be happy to compensate you for the software
licenses -- they're going to set it all up for you anyway.

[stlwest]

or vice versa

Linux will run VMWare, then load Windows and let your PO load the monitoring stuff in the vmware copy of windows, then just shut the vmware box down and just don't get caught doing something stupid again. Every once in a while start the vmware box again and surf some self help sites or how to get a job as a convict, etc. and soforth. Once your probabtion is over you can just blow the vm away or keep it just in case.....

[unigamer69]

This is probably the best idea so far!

This would stay within the bounds of the parole terms (depending on the policeware, of course).

It allows monitoring, by looking at the host OS - including the network connections and guest OS memory - while allowing him to use Linux.

It's certainly worth looking into...

Definitely the best solution, that doesn't break the law, put forth thusfar.

[stlwest]

honest your honor, this guy said bittorrent was for backing up DVD's

Yeah, loading Windows as a punishment, oh how harsh. Of course after going to jail for a non-violent crime you'd think you would just shut the xxxx up. Obviously your lawyer sucks, and why risk pissing off the judge who will probably just modify the terms of your probation to deny all Internet access.

Either sell the setup you got or just take that money you were gonna spend on an Internet feed and go buy a lawn mower, then start cutting lawns. At least then you'll have some cash and can quit whining.

Then you can go buy yourself a nice little laptop and visit your local Bread Co. (Panera)to use their free Internet.

[Kenny Yeung]

ahead Windows Live

backup to the cloud...

[gidieup]

dont do the crime if you cant do the time

nuff said

[mriffon]

I agree.

They didn't just give him the two felonies and make him unemployable. It was his fault, so he shouldn't blame the system. If he has to buy the new software, well then that's his punishment, especially since he can't. I do feel bad because I know that I could live without my computer, but he only has himself to blame.

[EnvoyPV]

Equal Protection

Under U.S. federal law, I believe the concept of equal protection would preclude requiring a particular operating system, particularly if the individual has to pay for it.

Besides, it's not like Linux is new. They (gov't) should have a client for the big 4 OS's, or do their monitoring with a black box on the internet connection.

[tgrenier]

equal protection

Please explain the link between equal protection and operating system choice. You mised me on that one completely. Also remeber felons lose many rights.

[gggg sssss]

OS/400

Right. What if he wanted to use an AS/400?

[sanenazok]

Read about the Equal Protection Clause

Before you post clearly wrong stuff. Just look at the wikipedia article on it.

The government MUST always discriminate-otherwise no law could ever exist. How the discrimination is judged depends on what basis the government is differentiating its citizens:
* Strict scrutiny (if the law categorizes on the basis of race or national origin): the law is unconstitutional unless it is "narrowly tailored" to serve a "compelling" government interest. In addition, there cannot be a "less restrictive" alternative available to achieve that compelling interest.
* Intermediate scrutiny (if the law categorizes on the basis of sex): the law is unconstitutional unless it is "substantially related" to an "important" government interest. Note that in past decisions "sex" generally has meant gender.
* Rational-basis test (if the law categorizes on some other basis): the law is constitutional so long as it is "reasonably related" to a "legitimate" government interest.
(directly from the Wikipedia article)

This case involves a government decision to support different OS's to varying degrees. It has "rational basis test" written all over it. Hmm...there's ALWAYS a rational basis for things like this - keeping costs down and choosing one good solution that everyone learns.

So the Equal Protection argument has about zero chance of making headway.

[Phillep_H]

No case

Others cover "equal protection".

Hardship because he cannot work in his profession would not cover it. He could not work with computers on line if he was in jail, which probation is instead of.

"Cruel or unusual" would be a slam dunk if the judge told him he had to go online with Windows. As it is, the judge just said he had to use Windows _if_ he went on line. A really good lawyer might win, but it would be a longshot.

[jesmac418]

What a freakin' geek Give me a break!

Guy sounds like he's on death row or something. Get over yourself
man. Install windows and due your time! Quit being a jerk about it.
If you cannot accept the time, do not do the crime.
You will be lucky to find a decent job with a record like that.
Who wants someone who steals and distrbutes cpyrighted material.
Find a new hobby before you waste your life away.

[ethana2]

Geek?

Don't you have a drive to defrag or an antivirus to install or something?

But I do agree- he should have stuck to creative commons material with those torrents. Screw copyright. May it die a quick and entertaining death.

[philnye]

Download a pirate copy of Windows!!!

Tell tham that you will need to download a pirated copy of Windows to meet thier monitoring limitations. :)

[Kenny Yeung]

I think the judge won't happy to see....

this on the "VLC" software

http://upload.wikimedia.org/wikipedia/en/5/5c/WGA_Notification.png

[gsmiller88]

Damn...Jail...House arrest..AND having to use Windows..

That must royally suck.

And this is coming from a government which is supposed to thwart
monopolies? Mmmhmm...