Why does it matter whether you are unlocking it for personal use or for business use? Sure, it may matter as regards the support you can expect afterwards, but whether or not that serves as sufficient reason to refrain is dependent solely on the circumstances of the individual.
Like I said, it's just an opinion. Not based on law or ethics. Maybe it's based on the fact that when your business is reliant on other businesses, and your business also relies on respect of IP, then you might be more inclined to respect the IP of those other businesses on which you are reliant?
That may be true, but we're talking about what justifies
restrictions on their actions, not what actions they would refrain from of their own volition.
I agree: a business is much more likely to simply leave the device as it is, and there's good reason for that: the desire for maximized after-the-sale support. They depend on the instruments in question for their business, after all, so after-the-sale support is much more important to them than it would be to a hobbyist who would not be affected by the unavailability of such support to nearly the same degree.
This logic is unsound. "A purpose of a lock is to prevent/deter theft, therefore all uses of a lock are for the purpose of preventing/deterring theft, and therefore to bypass the lock indicates intent to steal".
I don't think this is a great leap at all. If the code on the Rigol was not there to deter theft of IP, why not just have a menu setting "Press 1 for 50MHz. Press 2 for 100MHz."
"Theft" is not the same as "doing something that someone else doesn't want you to". "Theft" has a very specific meaning: taking something
that belongs to someone else without that other person's authorization.
Here, the
copy of the code in question belongs to the owner of the device (to insist otherwise is to insist that the DVD you purchased is not owned by you, that you do not have the
right to experience its contents even though you purchased those contents, and that the originator of the work therein has the right to unilaterally dictate to you everything you can and cannot do with that copy even though copyright law has already imposed scarcity). The
original code belongs to the manufacturer. Copyright laws prevent lawful copying of the code without the authorization of the copyright holder, but that is not in play
here at all, because no unauthorized copying of a copyrighted work is taking place when someone enters a magic key into their scope. Nor is there any theft of "intellectual property", because "intellectual property" is a person's creative expression, not the forms it is fixed in. Patents and copyrights exist not to protect from theft, but to provide greater incentive for creative people to release their creations to the world. They do this by imposing artificial scarcity on things that otherwise would be freely available to all. That's a necessary imposition in order to give creators sufficient ability to survive on the basis of the sale of their works, but it is also a
sufficient imposition, as it makes the world of "intellectual property" roughly equivalent to the world of physical goods.
To go any further than that is to taint the market in favor of "intellectual property" holders in the same way it would taint the market for physical goods. Few here argue that manufacturers of purely physical goods should be able to dictate arbitrary terms of use to purchasers, but that is precisely what they are arguing in favor of here with respect to anything else.
The term "theft" has been usurped by people who insist on treating everything that could possibly derive in any way from "intellectual property" as if it had the same scarcity properties as
real property. It's one thing to insist that the arena of "intellectual property" be governed so as to give it the scarcity properties of physical objects. But as this thread illustrates, some go far beyond that in their insistence of how "intellectual property" should be treated. They act as if "intellectual property" is some sacrosanct thing that would not exist at all if we didn't simply give creators whatever they wanted in exchange for use of instantiations of their "intellectual property". The history of the world shows how incorrect that is -- people have been creating, inventing, etc., for far longer than "intellectual property" laws have been around, which proves that intellectual property laws do not exist to make creating, inventing, etc.,
possible, they exist to make it
easier.
Whether the access is desired by someone who has a right to it or not is an independent variable.
I think this ties in somehow, as well. I mean, if a lock pick hobbyist buys a lock, of course he can pick it if he wants to. In this scenario, I see no problem with a hobbyist to unlock a scope for no other reason that simply because he wants to. But to pick a lock to get what's on the other side, something which the manufacturer charges money for (in the case of Rigol, they DO sell a higher bandwidth model, but this can easily apply to Agilent or Siglent or Keysight or Lecroi, or w/e company you want to insert there, which sells upgraded features, including locking out scope input channels, entirely!), for commercial use, then I personally feel that's different.
Then the question becomes: why do you believe the manufacturer should be free to implement whatever mechanisms they choose to control how the device is used, while simultaneously insisting that the purchaser is not entitled to do what they will with the device they purchased with their hard earned money? More precisely,
why do some insist on eliminating market forces for the former, while insisting that market forces must control the latter? To insist that the purchaser buy something else instead of maximizing what they have is to insist that the manufacturer should
control the market. But markets operate best when the controls placed on them are minimized, when actors on
both sides are free to choose what to do and are forced by the nature of the market to deal with the consequences of their choices.
the only truly legitimate justification for preventing either of them from doing what they want with what they purchased is active harm that may result from that use.
Ok, now I'm picturing a scope that is booby trapped to permanently brick itself if the wrong code is entered, lol. Yeah, I know you meant legal/financial consequences.
Well, actually, I had intent on physical harm (which includes things like theft of physical items) in mind with that.
A scope that is booby trapped to permanently brick itself would not last long in the marketplace. The market nicely takes care of things like that. Indeed, it is the reasoning of some of those here that would
allow such a thing to survive in the marketplace.
Why does it matter whether you are unlocking it for personal use or for business use? Sure, it may matter as regards the support you can expect afterwards, but whether or not that serves as sufficient reason to refrain is dependent solely on the circumstances of the individual.
I brought up the example of WinZip. I wonder what you think of it. Do you think anyone who pays for WinZip is a dickhead, because there are no consequences for not paying?
I've no problem with "donate-ware" or anything else. Look, I'm not arguing against copyright law itself. I'm arguing against
unilaterally imposed contracts. And I'm arguing that they are just as ethically unsound in the world of copyright as they are in the world of physical objects. Not one person here has raised a logically consistent, non-arbitrary defense of them in the arena of copyrights that would not be equally applicable in the arena of physical objects.
Another example is free student versions of software. Or free device samples. The entire point of giving away this free stuff is so that if/when that 1 in 1000 people who get this free stuff actually starts to use this stuff in a commercial/business enterprise, then they will start to pay for it!
Right. Again, I do not argue against copyright. I do not argue against right of refusal of sale. As a vendor, you can choose whom you sell to, and what you sell to them. Other vendors can choose differently. The market ends up taking care of the inefficiencies that might otherwise arise. But that is not what is being argued here. What is being argued here is that
the right to choose what you sell extends to the right to unilaterally, without prior agreement of the buyer, dictate to the buyer what they may and may not do with what they purchase from you. And that requires the
assent of the buyer when what is being sold is a physical good. Somehow, non-physical goods, or even physical goods that operate with a non-physical component (firmware), are being treated as magically exempt from the expectations we impose on the sale of physical goods.
All I'm doing is calling people out on their hypocrisy.
I am not making a legal/ethical argument. This is just my own feeling.
Fair enough. We're all entitled to our own opinions. I'm entitled to my opinion that an opinion isn't valid unless it is logically internally consistent.
If you write software for a living, you might see this differently. (And besides, you did not "discover" that the seller locked the glovebox. You purchased the car knowing it did not come with a glovebox; you were also offered a car WITH a glovebox, but you were too cheap to buy it.)
For the record, I have written software for a living, and the company I work for does software as its sole business. And my stance is what it is in large part because I have been in the software industry in one way or another for 30 years. I've seen the damage caused by overzealousness in the use of the power of copyright to unilaterally impose contracts. It took people working for years
for free to even begin to unseat Microsoft from their position, a position that wouldn't exist were it not for the power to unilaterally impose contract terms due to copyright.
I've also seen some of the consequences of going entirely in the other direction.
It is
not an accident that our general understanding of what it means to "own" an item is what it is. That understanding is the result of hundreds (if not thousands) of years of development of the laws and culture surrounding property and the markets that function for its supply and transfer. History repeatedly shows that control over the actions of others is a power to be given away sparingly, because it will inevitably be horribly abused otherwise. As regards physical goods, the general market has shown itself to be quite good at providing for the needs of buyers and sellers alike. Why in the world would anyone in their right mind want to throw away those characteristics for things which the law already imposes the same sort of scarcity as physical goods?