Micro$oft screws up again!!! 11

[SF18C]

It appears the Micro$$$oft screws up again in the pursuit of the bottom line, they started out trying to do the right thing and then let their greed take over. To me it appears that Microsoft is not concerned with the integrity of their certification program only that they were not making the buck from the unauthorized vendors!

Any thoughts?


From

http://www.cramsession.com/articles/files/after-two-years-in-proces-552004-1453.asp

After Two Years in Process, Texas Won't File Charges in Braindump Case By Ed Tittel (Capstar LLC)

Despite lurid news coverage and earlier reports of a plea bargain, the State of Texas has decided not to file charges against accused braindumper Garry Neale, former operator of the TroyTec.com and TestKiller.com Web sites. Seized assets valued at over $400,000 have been returned to Neale, and the Bexar County District Attorney's office in San Antonio has announced it no longer intends to pursue his criminal prosecution.

According to a news story reported in the San Antonio Express-News, wrangling between Microsoft and the DA's office over how to split the proceeds of the seizure lay at the heart of the matter. Microsoft apparently wanted some or all of those funds, when others involved (the San Antonio police department and the DA's office) wanted to split the funds three ways.

Lest other braindumpers be inclined to treat this as a sign that they're immune from prosecution, Microsoft has already announced plans to pursue civil remedies for copyright violation against Neale and anyone else who purportedly steals its trade secrets. But following in the wake of a successful criminal prosecution of Robert Keppel last year, this may signal difficulties in Microsoft's attempts to use criminal rather than civil prosecution to pursue such cases.

As somebody who's entirely down on braindumping and the negative impact it has on certifications, I'm sorry to learn that infighting among various parties to the case led to its dismissal, even after a tentative plea bargain was underway. It just goes to show you that the rules for the legal system can lead to strange outcomes, even when presumptions of guilt or innocence are more or less established.

SF18C
CCNP, MCSE, A+, N+ & HPCC
Tis better to die on your feet than live on your knees!

 

[CajunCenturion]

Let's see:
[ul][li]Mr. Neale runs two Braindump sites[/li]
[li]Mr. Neale violates Microsoft copyrights[/li]
[li]State of Texas seizes assests[/li]
[li]MS and Texas disagree over how to split $400,000 in assets (chump change to MS)[/li]
[li]a tentative plea bargain was underway (plea usually means no contest to lesser charges)[/li]
[li]Texas decides not to criminally prosecute[/li][/ul]
And your lead off sentence is

It appears the Micro$$$oft screws up again in the pursuit of the bottom line

Just what did Microsoft do wrong here?

Good Luck
--------------
As a circle of light increases so does the circumference of darkness around it. - Albert Einstein

 

[sleipnir214]

What, exactly, is a "braindumper", as the word is used in this context?



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[gurner]

sounds like they are one of sites that help you study for an MCSE?

how/why were they prosecuted?

did they publish study guides for Codename 'longhorn' or something? (joke)(i.e. stolen documentation e.t.c. for 'example')

Gurner

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[lgarner]

My understanding is that the "braindumpers" get test-takers to reveal questions and answers from memory shortly after taking a test. This is a flagrant violation of the terms to which the candidate agrees before taking the test.

I also see nothing wrong with Microsoft pursuing these people. It's no different than buying a college exam before exam day.

 

[OhioBill]

Sleipnir,

Braindumping is providing questions and answers to certification tests. If the test is administered online you can even hire someone to take the test for you. Not a bad idea when you think about it.

I think the whole thing is pretty boring unless you happen to be Garry Neale, who had his assets seized by the Gestapo in 2002 and returned about two years later. Since Texas is failing to persecute I suppose they are the ones who screwed up, first by listening to Micro$oft whine about copyright infrigement, then pulling a raid and confiscating property and finally discovering they have no criminal case. If Neale is smart he'll hire Racehorse Haynes and file suite against M$ in Houston.

I know, Haynes is criminal, but so's this case.

 

[EBGreen]

Actually, I don't know if what he is doing is criminal or not. Morally reprehensible, sure, but criminal, not so sure. True that the people that provide the answers after they take a test are in violation of their contract with MS, but as far as I know, Neale is under no such contract. Even if he were, I'd say it was a Civil issue not a Criminal one.

[blue]"Well, once again my friend, we find that science is a two headed beast. One head is nice, it gives us aspirin and other modern conveniences,...but the other head of science is BAD! Oh, beware the other head of science, Arthur; it bites!!" - The Tick[/blue]

 

[SF18C]

Cajun,
It appears to me that the State of Texas was probably on shaky ground to prove guilt in this case (due to the legal argument of selling what other people said were on an exam- copyright laws vs. hearsay), but they did press forward and in the process seized $400K of assets. MS wanted that money more than the prosecution of someone who “cheapens” their certification process. I think it would have been better if MS had not made the move on the money until after the trial, if ever (as you say, 400k is chump change to MS). I can almost see the County DA’s reaction to being nickeled-n-dimed by MS and finally felt the added MS pressure was not worth going trail over copyright issues, plea bargain or not. And the best way not to fight with MS was to just give the property back and drop all charges. Now the “criminal” wins, the “victim” loses and the legal system looks bad. This was a very good opportunity for Micro$oft to express their commitment to validity of their certifications. But my read is they are just money hungry, hence the pending civil suit against Mr. Neale. I do agree that the state of Texas should still prosecute, if they had enough to file charges then a crime is a crime, let a jury decide!


SF18C
CCNP, MCSE, A+, N+ & HPCC
Tis better to die on your feet than live on your knees!

 

[bluedragon2]

OhioBill,

Then why have certifications?



[Blue]Blue[/Blue] [Dragon]

If I wasn't Blue, I would just be a Dragon...

 

[SF18C]

http://www.freedomware.us/world/na/us/tx/index.php

More info on the case. I do truly believe that greed outweighed justice!

SF18C
CCNP, MCSE, A+, N+ & HPCC
Tis better to die on your feet than live on your knees!

 

[sleipnir214]

Here's a link to the story with more information an less editorializing:

http://certcities.com/editorial/news/story.asp?EditorialsID=602

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[CajunCenturion]

There is no way greed could've outweighed justice in this case. Microsoft spent more money pursuing the case that it would've received from its share of the asset distribution. Bottom line wise, this is a losing proposition for Microsoft. If it were only about money, they would not have invested so heavily into the criminal process. They, without a doubt, wanted to get back from it as much as possible in order to minimize their losses, but to say that Microsoft was acting out of greed is ignoring the bottom line.

You could make a case that MS was investing in this case so as to make it easier, but setting precedent, to shut down many other braindump sites, and thus protect the revenue stream generated by the certification process. But wait, these braindump sites actually increased the revenue stream because more and more people paid MS to take the exams because the information purchased from the braindump sites made the test easy to pass. In other words, people were more willing to pay to take the test due to the increased probability of passing.

If it were only about money, why would Microsoft care how people obtained the information to pass the test? They still get paid for the taking of the test, and would increase the number of people who have Microsoft certifications. Ask yourself, what does Microsoft lose if the braindump sites are to remain in operation?

Good Luck
--------------
As a circle of light increases so does the circumference of darkness around it. - Albert Einstein

 

[SF18C]

Cajun,

A star for you! I had not considered that angle, yes MS makes more money from testers that do pay to take the exam because of the confidence they might have in their brain dump material, although I would hope that is a low percentage of actual test takers.

However I do maintain that their certification process as a whole is cheapened by the brain dump industry and MS did miss the chance to set the legal precedence. I know that I will not take any MS cert exams because I feel that anyone can pass the tests at this point. I do not hold MS certs in high regard when I review resumes for IT positions. And why should "Microsoft care how people obtained the information to pass the test?" Because after hiring that hot$h!t MSCE that can't create a user account it makes an IT manager suspect to MS certification process and lowers confidence in the company all together. But again when you have a monopoly (I work for DOD and we are 98% MS) who cares about quality control and customer confidence.

SF18C
CCNP, MCSE, A+, N+ & HPCC
Tis better to die on your feet than live on your knees!

 

[CajunCenturion]

I agree that MS was penny-wise and pound-foolish in its negotiation with the Texas DA, but ultimately, it was the Texas DA that dropped the criminal proceedings, not Microsoft.

Good Luck
--------------
As a circle of light increases so does the circumference of darkness around it. - Albert Einstein

 

[strongm]

>Texas is failing to persecute

Initially I was going to be pedantic about this, but then I reconsidered...

 

[EBGreen]

Good idea. Otherwise you might have been prosecuted.

[blue]"Well, once again my friend, we find that science is a two headed beast. One head is nice, it gives us aspirin and other modern conveniences,...but the other head of science is BAD! Oh, beware the other head of science, Arthur; it bites!!" - The Tick[/blue]

 

[lionelhill]

You know, in the old days examiners actually made up new questions every test. And you were even encouraged to study past papers to work out how best to revise and learn your stuff (you know, you could buy them from the examiners).
I wonder why that doesn't work any more?

 

[CajunCenturion]

Well it's quite easy to manage that effort lionelhill when you on one campus and give only a handful of exams each year.

Microsoft certification tests, on the other hand, are probably take every day on a worldwide scale. Managing that cost-effectively is not quite so easy.

Good Luck
--------------
As a circle of light increases so does the circumference of darkness around it. - Albert Einstein

 

[Dimandja]

I've heard that these exams have very little resemblance to the real world.

Any thoughts?

 

[sleipnir214]

It depends on the exam.

To get the MCSE, you take a set of written multiple-choice exams. You take each exam separately, and you can space out taking your exams.

The RHCE exam all happens in one day. In the morning you have to perform a set of management tasks on an actual server. After lunch set up a server from scratch to given specifications.

I have neither certification, but it seems to me that having to demonstrate practical ability in a force-feed environment is harder than taking a year to cram for and take a set of multiple-choice tests.




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