Slashdot Mirror


Borland Backs Down

Danborg writes: "Borland has backed down from its horrible Kylix/JBuilder license after all the bad press they received on Slashdot and Freshmeat. You may now all resume using Kylix and/or JBuilder. Seriously though, it's good to see a company respond to the voices of the online community, and admit it made a mistake. Good job Borland."

224 comments

  1. On Kylix and CLX by IgD · · Score: 4, Interesting

    Now that the licensing scandal is over, maybe Borland can find time to focus their efforts on getting rid of all the bugs in Kylix/CLX. I've used them for some time and have been pretty frustrated. Checkout freeclx.sourceforge.net. That's the repository where CLX (Kylix's programming language) is maintained. There haven't been updates in weeks. Nobody even bothers to submit bug reports there since they are ignored.

    1. Re:On Kylix and CLX by Shadowin · · Score: 2, Informative

      If you're having problems, fix it yourself. That's what open source is about. God only knows how many 3rd party products I had to patch up myself (ReportBuilder, a spellchecker, etc).

    2. Re:On Kylix and CLX by NavySpy · · Score: 4, Informative
      There haven't been updates in weeks.

      That is true, but it is very unfair to characterize it as abandoned. Mark Duncan of Borland R&D, and the main author and maintainer of CLX has been very responsive to bug reports in the Borland Newsgroups. He may not have done much over the holidays, but Borland has done a remarkable job of keeping FreeCLX updated.

  2. industry standard boilerplate by wiredog · · Score: 4, Offtopic

    That's the problem. Everyone has licenses like that. It's "industry standard boilerplate". Oh well, as long as we continue to pay close attention we can force some companies to be reasonable. Others, however, are not so susceptible to pressure.

    1. Re:industry standard boilerplate by skotte · · Score: 1

      industry standard boilerplate? what does that mean? not trying to be offtopic .. but .. well .. what DOES that mean?

    2. Re:industry standard boilerplate by AdamJ · · Score: 2, Informative
      Basically it means that within each industry, each contract for a certain type of work looks more or less the same because they're almost always based off of a 'boilerplate' - or in more geek friendly terms :) - a template contract.

      http://whatis.techtarget.com/definition/0,,sid9_gc i211686,00.html for more info as it relates to IT, and a bit of history.

    3. Re:industry standard boilerplate by ThePilgrim · · Score: 2

      It meens that the same licence is used between big companies with just the company and product names changed.

      --
      Wouldn't it be nice if schools got all the money they wanted and the army had to hold jumble sales for guns
    4. Re:industry standard boilerplate by sparkyz · · Score: 2, Informative

      Boilerplate refers to legal language (actually any language I suppose) that is composed of stock paragraphs, phrases, etc. expressing principles that are likely to be used over and over again.
      Attorneys do not generally, in other words, sit down and write a whole new contract or license everytime a new such thing is required. They build on a template consisting of the language you can take for granted and then modify only those portions specific to the subject at hand.

      Incidentally, if you buy their excuse that the language was intended for the Enterprise edition and customers only, well, that's not so unreasonable. I'm sure individual piracy pales in comparison to the losses potentially incurred by such things at the enterprise level. Borland has always played fair with the small developer. Sure, like a lot of folks, I think Kylix 1.0 was bad enough that Kylix 2.0 should be a free upgrade; but as a rule, Borland supports the small developer well and if they are backing off the mistake so quickly, someone over there still has their head on straight.

      --
      Oops
    5. Re:industry standard boilerplate by armb · · Score: 2, Informative

      Twice I've written longer replies and Netscape's crashed on me.
      Anyway :
      http://www.m-w.com/cgi-bin/dictionary?boilerplat e
      The original meaning was a large block of ready typeset text, back when typesetting involved little pieces of lead.
      Real boiler plate is steel plate for making boilers (e.g. for steam turbines on ships).

      See also
      http://www.m-w.com/cgi-bin/dictionary?cliche
      http://www.m-w.com/cgi-bin/dictionary?stereotype

      --
      rant
    6. Re:industry standard boilerplate by resistant · · Score: 1

      Everyone has licenses like that. It's "industry standard boilerplate".


      It's called that because the lawyers put you on a plate and boil you. Their computers need to be hot-wired to shock them from their keyboards when they try this stuff.

      --
      A truly excellent pizza parlor is a delight unto the heavens. Treasure the sauce and the toppings!
    7. Re:industry standard boilerplate by Second_Derivative · · Score: 1

      Offtopic my ass. Mod this back up dammit =P

    8. Re:industry standard boilerplate by HiThere · · Score: 2

      It means that it's the kind of contract that Microsoft uses.

      As a moral justification, I find it a bit flimsy, but I guess it's nice to be told that they really didn't intend to *** without vaseline. Somewhat, anyway.
      .

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  3. Lawyers... by MosesJones · · Score: 3, Informative


    "Industry standard boilerplate"

    Also reads as "Lawyers just cut and paste and didn't actually bother working out what it was for"

    --
    An Eye for an Eye will make the whole world blind - Gandhi
    1. Re:Lawyers... by RazzleFrog · · Score: 1

      Or - Mailroom clerk went to Office Depot and got the packaged legal form for software licensing and filled in the blanks.

    2. Re:Lawyers... by billcopc · · Score: 1

      If this were a tiny one-person business like myself, then I'd say 'fine, use the boilerplate license and don't hire a stupid lawyer'; but Borland ? They should have a resident legal expert, and I hope they do, so that this person can be severely beaten for not reading the license and pointing out these alarming tidbits of verbal threat.

      --
      -Billco, Fnarg.com
    3. Re:Lawyers... by nehril · · Score: 4, Funny

      I don't buy the "industry standard boilerplate" line. what, did a lawyer one day accidentally type up the idea of invading homes to verify compliance, and accidentally spell checked it, then accidentally cut and pasted it into the license document? Perhaps a cat walked across the lawyer's keyboard and managed to bang out the "you shall have no legal recourse and waive all constitutional rights" paragraph. Perhaps they should invest in that cat-walking-on-keyboard-detection program I read about on /. a while back.

      And all the proofreaders accidentally skipped over reading it, too. Ridiculous, unless they employ cats for that too.

    4. Re:Lawyers... by Lumpy · · Score: 2

      and that is the key. if you pay a lawyer to do something for you, be sure to not trust them and read everything over carefully and even pay another lawyer to look it over. Anyone that trusts a lawyer is asking to be burned and get that lawyers minimal effort coupled with the lawyers maximum fees.

      the world would be a better place if all lawyers are outlawed. (call it the great awakening when it happens!)

      --
      Do not look at laser with remaining good eye.
    5. Re:Lawyers... by weeble · · Score: 1

      I would most strongly disagree with this.

      My cat has MUCH more sense than that.

      ....

      I would also suggest a dead and rotting crow has more sense. :-)

      --
      Slashdot Beta should die a painful death.
    6. Re:Lawyers... by Daunting*Alligheri · · Score: 1
      Perhaps a cat walked across the lawyer's keyboard and managed to bang out the "you shall have no legal recourse and waive all constitutional rights" paragraph.


      Alright. The politech list was hammering on this, and still it pops up in /. For the nth time, there is no CONSTITUTIONAL right breached when Borland (a private company) enters your premises, (with notice, and during business hours, no less) to check on their software. None. Nada. The 4th Amendment /.ers keep quoting ferverently is related to (say it with me kids) Government entities only. Private citizens, corporations and the easter bunny can do whatever they want, provided you click on the EULA.

      --
      Witty quotes suck.
    7. Re:Lawyers... by raresilk · · Score: 2
      Of course, you're right that legal "boilerplate" doesn't get initially created by accident. But it's not "boilerplate" when it's initially created. It's widespread adoption of the same language in contract after contract, license after license, that gives it the status of "boilerplate." And because there are probably as many ignorant lazy lawyers who like to cut and paste somebody else's stuff, as there are ignorant lazy coders who like to cut and paste somebody else's stuff (see "cheating detection" thread this date), boilerplate often gets copied and pasted into contexts where it's completely absurd.

      But that does not mean that there is no good reason for legal boilerplate to exist. Note that not all boilerplate is obnoxious nonsense like breaking into someone's house, waiving constitutional rights, etc. Boilerplate can often be a clause that is placed in a contract to protect your rights, and a good lawyer will copy certain clauses exactly from other contracts, not out of laziness, but because courts have previously analyzed the effect of that language in judicial opinions.

      This lends some additional predictability to the contract. It's like calling a library, or re-using some functional code that you've previously tested in another project. Sure, you could come up with a fresh way to do the same thing, but how do you know it would work? Lawyers are motivated to re-use contractual language that has previously held up in court -- it's already been "debugged." Boilerplate therefore proliferates.

      --
      No, no, no. This is not a sig.
  4. um, it wasnt a back down by booyah · · Score: 2, Interesting

    they just posted a big ol "Ooops" and sait they were sorry for it....

    saying they backed down is announcing a victory when there was no enemy...

    ah well, slashdot!=truth in reporting

    --
    #include sig.h
    1. Re:um, it wasnt a back down by Anonymous Coward · · Score: 0

      Odd how people get all fired up about their privacy, etc.. publically tongue lashing corporations over a simple mistake...

      Then undoing all that negative publicity is almost impossible because people love negative news much better than plain, simple TRUTH.

      Can't we all just get along? *grin*

  5. Only for companies ... by Rentar · · Score: 3, Funny
    The new end user license agreement mistakenly contains language that is specific to enterprise volume customers.

    (Emphasis mine) So private customers do get the same EULA, with a different wording?

    1. Re:Only for companies ... by Pogue+Mahone · · Score: 5, Funny

      Companies get Legalese*. Private customers get
      Greek

      (* Official language of the Republic of Legalia,
      a small and not-very-well-known island just off
      the coast of Marketania, where, incidentally, the
      majority of the population speaks Bullshit.)

      --
      Every bloody emperor has his hand up history's skirt [Peter Hammill/VdGG]
    2. Re:Only for companies ... by Anonymous Coward · · Score: 0

      News just in.

      The Republic of Elbonia has just invaded The Republic of Legalia.

    3. Re:Only for companies ... by sandler · · Score: 1

      Is that the same language they speak in the "Borland Nation" referenced in the article? Anyway, once the People's Republic of Borland officially secedes from the US, they will be able to put their boilerplate in their new Constitution.

  6. Why assume maliciousness? by NevDull · · Score: 5, Insightful

    I don't understand why this was presented as backing down as opposed to a mistake as to which license gets associated with which product.

    There's no reason not to believe them that this was an error and had not reflected a conscious effort to change licenses on individual instances.

    1. Re:Why assume maliciousness? by pmorey65 · · Score: 0, Offtopic

      I actually posted this story to /. last night, but I see they didn't like my presenting it as a mistake and would rather post it as "Borland backs down". I guess no one at /. ever makes mistakes.

    2. Re:Why assume maliciousness? by lemox · · Score: 2

      Yeah, but if was stated more accurately, nobody could get all self-righteous about it.

      --

      "We obviously need a new moderation category: (-1, Woo-fucking-hoo)" --Mr. AC

    3. Re:Why assume maliciousness? by Vanbo · · Score: 1

      Exactly, it isn't like they are saying that the license was abusive and over the top and they will correct it.

      If you read what they said, they are just saying, that the horible license was meant to only apply to their Enterprise customers.

      How is this any better? Just because an Enterprise is bigger does not mean that Borland should retain such a license with them either. The licenses is just wrong all around and should not be used for ANY software.

      --
      VANBO
  7. Not the first time by leandrod · · Score: 1

    As far as I remember it's not the first time Borland tries to impose outrageous licenses to its compiler customers. We shouldn't care because we have gcc, but still it makes one wonder why big companies can't learn from their miskates. I guess size has something to do with it.

    --
    Leandro Guimarães Faria Corcete DUTRA
    DA, DBA, SysAdmin, Data Modeller
    GNU Project, Debian GNU/Lin
    1. Re:Not the first time by oseng · · Score: 1

      Seeing that this is the 3rd time Borland has tried to slip something into the licensing and got caught, it makes me wonder how we can trust them in the future. One of these days they're going to slip something in their licensing that will be as bad or worse as this little 'foobar' was, and nobody will catch it until it is too late!

    2. Re:Not the first time by Ronin+Developer · · Score: 5, Interesting

      No. It's the employment of lawyers with nothing better to do than to screw with a good thing.

      Who remembers the Borland license of TP5 days when the software was to be treated like a book?
      I think they called it their "No Nonsense License Agreement" or something like that. We didn't complain about that one as it was pretty fair. I heard it was crafted by the software engineers themselves. Why can't a license like that become the industry boilerplate?

      Unfortunately, the company grew and they hired laywers who had to make it virtually unreadable to anyone without a legal background. It went downhill from there. Lawyers server a purpose in a software company, like protecting it from litigation and protection of intellectual property. But, when it comes to licensing, they need to listen to the engineers and development community and license accordingly.

      A few years ago, there was a similar frackus about, I think it was the Borland C++ license. They had a "non-compete" clause there. That was promptly removed after the application of public pressure. You'd think they learn from that. Perhaps, if they're smart, they'll pass the license by their real users for review and comment before putting it in the box.

      There's still a strong push on the Borland NG to have the license reverted to one like the NNLA. Let's see what happens. Borland has a tendency to react favorably to its developer community.

      RD

    3. Re:Not the first time by Cro+Magnon · · Score: 1

      Alienating customers is a very poor way to make money! Micro$**t is a monopoly. They can get away with a lot. Borland isn't! One bad f**k up could kill them, regardless of the quality of their products.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    4. Re:Not the first time by gazbo · · Score: 1
      ...A few years ago, there was a similar frackus about...
      I'm sorry to do the usual spelling correction, but that one is an absolute peach. It really made me laugh - no, honestly.
    5. Re:Not the first time by Ronin+Developer · · Score: 2

      LOL!

      Perhaps I should have put a (SP) next to it. I couldn't remember the correct spelling at the time and had not yet partaken of my morning coffee. Besides,I can conjure up a word to describe the situation and call it artistic license, no?

      Frackus: (n)
      Def: A play on words used to describe an unpleasant situation between powerless individuals and power hunger corporations. Often replaces the more gentle term, fracas.
      Example: When I and my fellow developers read the licensing agreement a frackus ensued leaving us all rather bloody and sore.

      The correct spelling should have been 'fracas'and the phrase should read:

      "A few years ago, there was a similar fracas..."

      BTW, on Howard Stern's Radio Show this morning, they were poking fun at Gov. Ventura's use of the phrase "we've boughten them time". On a whim, I looked up the word 'boughten'. While it sounds awkward, the word exists and was used in the correct context. Go figure. Score one for Jesse.

    6. Re:Not the first time by gazbo · · Score: 2, Funny

      "A noble spirit embiggens the smallest man" - Jebediah Springfield

    7. Re:Not the first time by DrNibbler · · Score: 1

      It's not just borland either...

      A while back In CA's license for the CA-Clipper product there was a requirement that the CA copyright had to appear with your product's copyright message and on your products splash screen. They backed down after pressure from the online community (in this case CompuServe)

      --
      Sean.OutaHere()
    8. Re: Not the first time by Omnifarious · · Score: 2

      Making money by changing license agreements is a stupid way to do business, and likely to fail in the long run. When people buy things, they expect a certain set of rights and responsibilities. The NNLA completely meshed with exactly what you'd expect to be able to do with a piece of software.

      It essentially said you could stick it on as many machines as you'd like as long as only one copy would be used at a time. Making a license agreement that's at odds with what your customers would expect doesn't make you any more money up front, and loses customer goodwill in the long run. It's a stupid way to try to make money.

    9. Re:Not the first time by BitwizeGHC · · Score: 2

      Considering the relative success of other software that was released under this and similar license agreements (AFAIK some of the DOS versions of AutoCAD bore a similar plain-English license, that is after they got rid of the damn dongles), I'd say that this bizarre licensing fiasco was more of a CYA maneuver than an attempt to squeeze for profits.

      --
      N4st0r, trixx0r h0bb1tz0rz! Th3y st0l3 0ur pr3c10uzz!
    10. Re:Not the first time by atholbrose · · Score: 1

      Ronin Developer said:

      A few years ago, there was a similar frackus about, I think it was the Borland C++ license. They had a "non-compete" clause there. That was promptly removed after the application of public pressure. You'd think they learn from that. Perhaps, if they're smart, they'll pass the license by their real users for review and comment before putting it in the box.

      Apparently they haven't learned from that -- seeing as that exact same clause is in the new JBuilder and Kylix licenses.

      I can't really see how this can be seen as Borland "backing down" when there's no real explanation of how the new licenses will be different.

    11. Re:Not the first time by Ronin+Developer · · Score: 2

      I agree. Borland isn't backing down per se. I think it was a poor choice of words. It's almost as if there was a standoff or something. When this article surfaced, Borland did have a chance to respond. It was all public outcry.

      However, they (Borland) are claiming to be reworking the licenses. That, unfortunately, takes time (especially when lawyers are paid by the hour). So, we'll just have to be patient and see what comes of this. If it's not satisfactory, it will hit the proverbial fan again. Surely, it will be resolved by the Borland Developer's Conference in May. If not, Dale Fuller will find himself facing a rather hostile crowd as he did at the opening ceremony at last years conference.

      FWIW, on their newsgroups, John Kastor stated that he has been pushing to have the licenses available online. John seems pretty good to his word. This event will probably accellerate the decision making process. The ball is in their court, let's see how they run with it.

    12. Re:Not the first time by shepd · · Score: 1

      >Licenses are the methods by which software companies make money.

      Making money by unscrupulous licensing clauses is like selling something with a 3 year "Bumper-to-Bumper" warranty, and burying in the fine print "Years apply to standard uranus years only".

      The minute your customer walks in your store after 300 days have passed and doesn't get any service, you better damn well bet you'll lose them as a customer and every single person they show that contract to in the future.

      That scheme works great for companies that go out of business every year, but Borland's been in business longer than I want to look up. Do they really want to change their name, and lose any bit of goodwill attached to it?

      I would sincerely hope not. Having a solid gold company image name is (almost) better than money itself.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
  8. Good for them by Zemran · · Score: 1

    I think that their actions stank but I believe that they should be encouraged for having sought to rectify their mistake. I will return to the fold and continue to use their products.

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    1. Re:Good for them by Shadowin · · Score: 1

      Well, I couldn't really get away since I work as a Delphi Developer for a living. I did send them a letter though expressing my disappointment, and letting them know I was thinking about not using their products anymore.

  9. Mistake my #@$@#$ by Neil+Watson · · Score: 1
    Borland delivers products that are sold individually and in volume to major enterprise customers. The new end user license agreement mistakenly contains language that is specific to enterprise volume customers. This language is industry standard boilerplate for enterprise licenses, but it should not have been included in the individual product licenses. This was an error on our part and is in the process of being fixed.

    I'm really sure that was a mistake (cough, cough). As for the last part. Has anyone ever seen such language in "enterprise licenses"?

    1. Re:Mistake my #@$@#$ by jht · · Score: 2

      Uh, yes I have, unfortunately... Several of the licenses we're under put those kind of burdens on us - and most of the mainframe licenses we hold.

      I think the likelihood of a super-restrictive enterprise license is directly proportional to the amount of competition the vendor has and the cost of the software in question.

      Our Microsoft Enterprise agreement is similar in some ways, but the trade-off is a low per-seat cost and no need to deal with "activation" or any of that other phone-home crud. We get license keys that can be tracked back to us if they get out, but those keys allow us to install the products in a completely unrestricted form. We have other products that are handled that way, too.

      --
      -- Josh Turiel
      "2. Do not eat iPod Shuffle."
  10. Not Good Enough by wayn3 · · Score: 3, Informative

    Think about it: an independent developer would HAVE to employ a lawyer to deal with licensing schemes like Borland's Enterprise license.

    This is not industry standard boilerplate, but lazyness: they're avoid working with customers to figure out better licensing terms.

    1. Re:Not Good Enough by SPYvSPY · · Score: 1

      Why would you need a lawyer? Are you incapable of understanding the license terms without a lawyer? Are you incapable of refusing to agree to those terms by yourself?

    2. Re:Not Good Enough by stonecypher · · Score: 1

      > Think about it: an independent developer would
      > HAVE to employ a lawyer to deal with licensing
      > schemes like Borland's Enterprise license.

      Unless, of course, you thik about the following: the enterprise license is not intended for individual developers.

      Get your head out of your ass. Even Borland is allowed to screw up once in a while. That's a normal corporate contract facet. Borland just forgot to take it out of the stuff they're giving away for free.

      Or did you forget about the "giving away free" part, too?

      --
      StoneCypher is Full of BS
  11. Congratulations jerw134!!! by snake_dad · · Score: 4, Informative

    You, jerw134 have won eternal fame among your fellow slashdotters for this accurate prediction !

    --
    karma capped .sig seeking available Slashdot poster for long-term relationship.
  12. Wait and see by goul · · Score: 4, Troll

    Until we see the new license this isn't a victory.
    Is the mistake over the audit clause, waving jury trials or both?

    1. Re:Wait and see by blkros · · Score: 1

      Also, from the wording of the letter it looks like they are going to leave these clauses in enterprise editions of the software. Correct me if I'm wrong. Does anyone know different?

      --
      Damnit, Jim, I'm an anarchist, not a F@#$!^& doctor!
    2. Re:Wait and see by Anonymous Coward · · Score: 0

      What idiot moderated this as a troll?? Thankfully we have meta-moderation to punich their stupidity.

    3. Re:Wait and see by nzhavok · · Score: 2

      Yes it seems like they'll leave it in, however realise that this kind of thing is "standard" for a lot of high-end software, i.e. software which costs a fortune to buy. It's no big deal really.

      --

      He who defends everything, defends nothing. -- Fredrick The Great
    4. Re:Wait and see by blkros · · Score: 1

      This is from Photshop 5.5's EULA:

      11. Compliance with Licenses. If you are a business or organization, you agree that upon request of Adobe or Adobe's authorized representative, you will within thirty (30) days fully document and certify that your use of any and all Adobe software at the time of the request is in conformity with your valid licenses from Adobe.

      Nowhere does it say that they can come on your premises and check for you. I can deal with a license like that. It is a big deal when companies act like the Mafia(or the government), or at least threaten to. It's still not a 'standard' license, and if it is, that just shows how bad the software industry is getting.

      --
      Damnit, Jim, I'm an anarchist, not a F@#$!^& doctor!
  13. Borland is not MS by GdoL · · Score: 1

    The Borland approach to the onlie community has always more friendlier than of Microsoft, it has mostly a enterprise primarly concerned with the individual developer not the consumer mass market. So it isn't difficult to accept the explanation of Borland for the misunderstand.
    But this is one of the notorious examples of read the LITTLE LETTERS, before purchase!!

    --

    ------I can please only one person per day. Today is not your day. Tomorrow isn't looking good either.------
  14. Check the web site license by blirp · · Score: 5, Interesting
    Remember that the info on Borland's web pages is only for personal, non-commercial use. And you can only read the info on one machine. Don't believe me, see for yourself

    M.

    1. Re:Check the web site license by GypC · · Score: 5, Funny

      LOL!

      We should all contact them for written permission to view their website on a second computer.

      "I read the licensing terms for your website while browsing on my computer at work. I would like to be able to access this information at home, so please send me written permission to do so. Thank you."

    2. Re:Check the web site license by xZAQx · · Score: 1

      You may download one copy of the information ("Materials") found on this Site on a single computer for your personal, non-commercial use

      You're not really serious about this post are you? The legal notice clearly points out the use of downloading material, which I would assume they mean software, images, etc, _NOT_ html. There's obviously no problem _viewing_ the site on multiple machines, but you can't build a intranet-based kylix solution (as if you'd want to, anyway).

      --

      We dance to all the wrong songs.
      --Refused.
    3. Re:Check the web site license by blibbleblobble · · Score: 1

      More to the point, link to them from your site, using frames, advertising, and "content not suitable for all ages" around the edge...

      Does anyone think website licenses actually have ANY legal standing, and if so, has it ever been tested?

    4. Re:Check the web site license by arkanes · · Score: 3, Insightful
      The only kind I could see having any legal standing at all would be the click-through kind, where you have to read and agree to enter the site. Otherwise it's a fairly obvious entrapment kinda thing - "By reading this post, you agree to remit $1 in payment to me, the poster, by 01/27/02..." etc.

    5. Re:Check the web site license by jandrese · · Score: 2

      Why do you think material doesn't apply to the HTML? Look at how it's defined:
      one copy of the information ("Materials")

      Materials are defined as a copy of the information, HTML is information, even the legal notice is information. Annoyingly they did not define what information is, so I have to use the general definition.

      --

      I read the internet for the articles.
    6. Re:Check the web site license by BreakWindows · · Score: 2, Insightful

      http://www.borland.com

      This post is officially a circumvention device, in violation of the DMCA, since I have made easily accessible the copyrighted content to a large audience against their "copy protection", with that hyperlink.

      Now does everyone see the problem with legalese?

    7. Re:Check the web site license by Rogerborg · · Score: 3
      • [we] can only read the info [on Borland's web pages] on one machine.

      Which machine would that be? Oh, wait, they mean one machine per person, right?

      I thought you were kidding, but by the time I'd read their astonishing copyright notice (on a web page!) I'd already made two copies of the page, on both my firewall proxy and my desktop.

      Of course, it's not a problem because I'm not breaking the intent of their copyright, right? Right?

      Well, how the hell would I know? That's exactly what it says, and making value judgements or dissembling over whether it's morally right or wrong is exactly what leads down the slippery slope of not giving a damn about copyright at all, because anything you do is liable to be technically contrary to someone's terms. Technically playing a CD when seven or more people can hear it is illegal (in the UK), for example. Even if six of them are walking past your open window...

      I despair, I really do. Yet another company that assumes we're all thieves and need to have the difference between right and wrong spelled out to us, accompanied by a stern wagging finger. Oh, it's too much.

      --
      If you were blocking sigs, you wouldn't have to read this.
    8. Re:Check the web site license by Anonymous Coward · · Score: 0

      Perhaps Apple would like to take them on for using a trademark like "Darwinternetters" (under "partial listing of frequently used Borland Trademarks" at the right of the page). Not that I know what "ternetters" is...
      Perhaps it's some kind of mushroom "frequently used" by "Borland Trademarks" [whatever]? :-)

    9. Re:Check the web site license by evilmrhenry · · Score: 1

      I'm breaking their contract!

      This letter is copied from their website, and I don't have written permission.

      T

    10. Re:Check the web site license by Ig0r · · Score: 2

      I think it refers to Dar, the arctic fisherman, and his friends, the winter-netters.

      --
      Soma: because a gramme is better than a damn.
  15. what a country... by TheQuantumShift · · Score: 1

    Borland Backs Down. Maybe. Some loser clerk felt like saving some time and generated one EULA instead of two and nobody bothered to change anything until they got called on it? More likely. Thats what I love about Capitolism. It's all about seeing exactly how much you can get away with, and for how long.

    --

    Shift happens. Fire it up.
    1. Re:what a country... by TheQuantumShift · · Score: 1

      hey look, I spelled capitalism wrong. Just thought I'd point that out before someone else does and calls me a "lamer" or something...

      --

      Shift happens. Fire it up.
    2. Re:what a country... by uradu · · Score: 3, Funny

      > before someone else does and calls me a "lamer" or something...

      Actually, I was going to call it a Freudian slip.

      -

    3. Re:what a country... by oldwarrior · · Score: 1

      Well imagine that - some idiots actually expect to get PAID for their HARD WORK. Borland is simply trying to stay a viable BUSINESS in hard times! People expect a free lunch nowadays then act surprised when they go under due to normal supply/demand/fee-for-services. It is simply amazing that Borland has survived this long and it should be allowed to expect payment at some point for it's products.

      --
      If it were done when 'tis done, then t'were well it were done quickly... MacBeth
    4. Re:what a country... by stefanvt · · Score: 1

      Thats what I love about Capitolism. It's all about seeing exactly how much you can get away with, and for how long.
      I could see circumstances, eg passing of laws, where this sentence would be very appropriate ... :-)

  16. Including the non-compete clause? by Howie · · Score: 3, Insightful

    It doesn't mention which bits they are intending to change... I wonder if the 'not produce competing products' part is included?

    Currently, you couldn't legally use C++ Builder or Delphi/Kylix to write a database engine or an IDE, as I understand it...

    --
    "don't fall into the fallacy of believing that Perl can solve social problems. Maybe Perl 6 can, but that's a ways off"
    1. Re:Including the non-compete clause? by arnex · · Score: 1

      you couldn't legally use C++ Builder or Delphi/Kylix to write a database engine or an IDE

      Makes me wonder what's going to become of Pocket Studio (a Palm compiler based upon and written, I believe, in Delphi) or the various Borland Database Engine alternatives written in Delphi. There are even alternatives to Borland's MIDAS.

      Granted, Pocket Studio isn't a directly competitive product, but it all depends on how broadly you interpret the EULA and how tenacious a legal team you can afford. The BDE and MIDAS alternatives make no bones about their intent to cut into Borland's market, however.

    2. Re:Including the non-compete clause? by Anonymous Coward · · Score: 0

      you couldn't legally use C++ Builder or Delphi/Kylix to write a database engine or an IDE
      The last time I checked, you couldn't use the BDE itself to build a database engine. Because you could redistribute the BDE, allowing you otherwise would have killed Paradox, which they owned, immediately. With Delphi+BDE, after all, you can build a Paradox clone in a week.

    3. Re:Including the non-compete clause? by Howie · · Score: 1

      I was thinking more in terms of something like Postgres or MySQL using C++ Builder, but that does rather reflect badly on Paradox (or is it the quality of Delphi?).

      --
      "don't fall into the fallacy of believing that Perl can solve social problems. Maybe Perl 6 can, but that's a ways off"
    4. Re:Including the non-compete clause? by I+am+Jack's+username · · Score: 1
      ...nor may you use the Product to create a product or operate a service that is generally competitive with the Product or any other Borland product offerings, including any general-purpose software development tool... - 2.3

      Erm, so I have to buy another company's dev tools to rewrite my METAble utility which is a replacement for the "Borland database explorer/ Borland database desktop" apps, so I can continue easily writing database apps with Borland dev tools?

    5. Re:Including the non-compete clause? by Howie · · Score: 1

      Here's a post describing the clause - have a look at your license and see if you have it. Draw your own conclusions. Regardless of your interpretation, consider if you are prepared to defend your interpretation against Borland's in court, and can afford to do so.

      --
      "don't fall into the fallacy of believing that Perl can solve social problems. Maybe Perl 6 can, but that's a ways off"
  17. In other news... by Xenopax · · Score: 5, Funny

    Microsoft decided that they were getting to much bad press from slashdot and now instead of stealing money, crushing companies, and controlling the government they are petting bunnies, saving orphans, and planting tree.

    Also, the US gov't, in a move to improve their image on slashdot, decided to revoke all copyright law, examine patents more closely, and actually read the constitution.

  18. ARRRGGHHHH!!!!!! by Jucius+Maximus · · Score: 1, Informative
    "Borland has backed down from it's..."

    http://angryflower.com/bobsqu.gif

    Note that the word "its" versus "it's" is a special case.

    It's = it is

    Its = possessive version of "it"

    1. Re:ARRRGGHHHH!!!!!! by Hektor_Troy · · Score: 1, Informative

      According to that cartoon you're wrong, and the poster is correct:

      "Possessive
      The cat's feet are out of the bag.
      Also correct."

      So - if you wanted to make a fool out of yourself in public, you succeeded admirably.

      If you wanted to tell people not to use an apostrophe in possessive, then you posted a wrong link.

      Maybe you should read the links you post next time :-)

      --
      We do not live in the 21st century. We live in the 20 second century.
  19. For alleged Libertarians by ringbarer · · Score: 0, Interesting

    It's amazing how easily Slashdot advocates 'Mob Rule', isn't it?

    If a company or individual is doing something you don't like, FORCE them to!

    --
    "Why did they cancel my favorite Sci-Fi show? I downloaded ALL the episodes!"
    1. Re:For alleged Libertarians by connorbd · · Score: 2

      I believe it's called Activism, actually. You'd rather have us just bend over...

      Never mind.

      /Brian

  20. This isn't a backdown, this is a CYA by Omnifarious · · Score: 4, Insightful

    If I were an enterprise volume customer, I would consider the terms of that licesnes to be onerous. Those terms are just wrong no matter who you are. A software license forcing you to submit to binding arbitration and random audits?! What a ridiculous thing. Next thing you know, cleaning product manufacturers will be coming with detailed sets of instructions and licenses requiring you to pay to have someone look over your shoulder to make sure you follow them whenever they like.

    1. Re:This isn't a backdown, this is a CYA by gorilla · · Score: 2

      Enterprise customers usually have their lawyers negotigate with the suppliers lawyers, and work out a contract which is mutally acceptable. That's usually meaning striking out certain clauses, and modifing others. The upshot is that the original contract is horrible, with everything they could possible ask for thrown in.

  21. Cookup or Malice by ThePilgrim · · Score: 2, Insightful
    Several ppl have posted comments that Borland placed this licence deliberatly, in order to test the water.

    I would like to remind them of this:-

    Never attribute to Malice what can be attributed to Incompitence

    --
    Wouldn't it be nice if schools got all the money they wanted and the army had to hold jumble sales for guns
    1. Re:Cookup or Malice by Anonymous Coward · · Score: 1, Funny

      Never attribute to Malice what can be attributed to Incompitence

      Ahem...Incompetence

    2. Re:Cookup or Malice by Anonymous Coward · · Score: 0

      Never attribute to Malice what can be attributed to Incompitence

      I guess we can assume your spelling was not malicious

    3. Re:Cookup or Malice by snicker · · Score: 2

      Oh please tell me that was on purpose! I'm going to split in two from laughing.

      *n
      ps you're probably right.

    4. Re:Cookup or Malice by ashitaka · · Score: 2

      You have an extra 'o' in cookup.

      I'm not going to say anything about 'Incompitence' since, as a sig, it's probably intentional.

      I hope.

      --
      If you don't want to repeat the past, stop living in it.
  22. It could be nice to see MS do so ! by Anonymous Coward · · Score: 0

    Everybody doing mistakes but this is good that borland always react in a good way to criticism.

    Thanks for your reaction.

    Some think that borland's tool are too expensive. I do think thye're expensive. (too removed !)

    The only question is does it worth the bucks ?

    If you have plan to fully exploit your IDE features and used it in a RAD way, then 100% Yes !

    But if you are one of those whose still trust in nothing but VI or Emacs, and never think code helpers could do the same job in least time (NB: for VI adicted the jbVi is a wonder as it mimics most of VI directly into the JBuilder IDE!!! Emacs keymaps are setup by default, just a combo to change !

    If MS could do the same and stop thei vapor machine and just

  23. That's a keeper by wiredog · · Score: 2

    I'm gonna put that one in my miscellaneous cool quotes file.

  24. Malicious intent or laziness by f00zbll · · Score: 4, Insightful
    Having worked a few lawyers in the past for things like press releases, terms of service and other related legal bs, I'm guessing laziness. There are plenty of good lawyers, but often things like writing boilerplate stuff is cut/paste jobs. In a lawyer's mind (the ones I've met), it was the very last thing on their list of priorities.

    Typically, it is up to the staff to catch those mistakes and argue with the staff lawyer to make sure it applies to situation. That rarely happens for a lot of reasons. Often I would get press releases for 5a.m. the next morning at 7a.m. the day of.

    How in the world are developers, staff writers supposed to read it thoroughly? They can't. The mentality of the lawyers I've met is "be more restrictive" and ease up if people complain vs "be less restrictive." It's good the community spoke up and complained. That's part of the natural process. If all licenses were not restrictive, how would lawyers make a living or warrant their services :)

    1. Re:Malicious intent or laziness by HiThere · · Score: 2

      You're probably right. But I'm still going to be quite wary of Borland products for several years now. And by then it may just turn out that I don't need them.

      Borland has been a good company. But I don't need a backstabber as a friend, even if he doesn't intend to stab me.

      Perhaps it's possible to put a more favorable light on this, but to me that "boiler plate" looks like agreeing to be raped. Not the kind of thing one would do if there were any decent alternatives. Whether you were a large corporation or not. Of course, considering the way the my management tends to look at licenses, I suspect that they don't believe that it could ever happen to them. So they just ignore terms like that. Smart.

      For decisions that I make, this will be a consideration. If I don't like the enterprise license terms, then I won't reccomend the product.
      .

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:Malicious intent or laziness by Anonymous Coward · · Score: 0

      Yeah your comment sounds good, it appeals to the good forgiving person in me.

      But I am going to say rather that they were fully aware of what was in the license agreement. This product, Kylix, if you ask me, was the most anticipated and highly touted commercial IDE released for Linux. This is Linux for gods sake, with such a major release of a commercial product for -THE- open source OS and you can bet the licensing agreement was no small matter at Borland. Believe what you will.

  25. This means absolutely nothing at all. by Anonymous Coward · · Score: 1, Interesting

    Just because they've noticed some "mistaken language" in their license agreement doesn't mean it's going to be much different when it's "fixed." People don't just pull legally binding statements out of thin air, they're very carefully plotted and worded before any user has to see them. If anything, this will probably just ensure that the new license is more convoluted and difficult for an average user to read, now that they know there are users reading them.

  26. Good and Bad by opkool · · Score: 4, Interesting

    It is A Good Ting (tm) that Borland actualy changed the license.

    It makes them seem to care for their customer base (like me, a customer that bought Kylix), when they (we) politely cry "You Morons! what kind of terms are those? And next, you'll ask for my first born, right?" in their face -actualy, the letter that I sent was more polite. And had no 'F' words on it-.

    But it is also A Bad Thing (tm).

    Yes, they published a license that was way over the top. Specialy, when everyone and their mother seems to be asking for a much limited set of private personal freedom and right (for our own protection, of course). And, of course, a good corporation must mimmic the government. So, let's throw some lawyers to the License Dept. and make them review the licensing terms, so we can count on unexpected revenues if nobody discovers what we have done.

    Let's face it. Borland is just YAC (Yet Another Corporation). Their goal is to make money. No matter what.

    Or so I see it.

    How do you see it?

    1. Re:Good and Bad by NavySpy · · Score: 1

      All corporations are out to make money. That is why they exist. What is wrong with that?

    2. Re:Good and Bad by Anonymous Coward · · Score: 0

      Ahem...I used to be a poor college student. Back then I wasn't smart enough to use alternative operating systems or explore the world of free software. I easily spent over $1000 a year in hard earned money (or easy to get loans, depending on who's level of responsibility we are talking about) on commercial software.

      Unfortunately, the quality and stability of commercial software was catastrophic to my work. I would soon find free software would work for me without fail. I was impressed. Now I know where I want to go tomorrow.

      Worse yet, I see companies I work for make the same mistakes I did: throw money at poor quality. Its a terrible sight and one I see changing soon. Imagine a manufacturing plant losing $10,000 in scrap due to a required end of shift mouse click for inventory purposes shutting down a manufacturing line. I saw this for a few weeks until the big guys had a board meeting and pounded the IT guy through a round hole in the table like a square peg. Change happens.

      Like they say, red ink flows like a river of blood. Free software is immortal and is not the virus people have to worry about. The plague is marketed closed software under a wrath of legal restrictions containing a most potentialy unforseen future. Would you bet your next child on a set of genes you never seen before? On the same token, why get raped with commercial software?

  27. Give them some credit by uradu · · Score: 2, Redundant

    Borland is--and has been for quite a while--a very well-balanced company: R&D is a motley crew of rebels and visionaries, while Marketing and PR are chosen from the Dark Side. Of course, Anders turned out to be Darth, but that's another story.

    -

    1. Re:Give them some credit by mugnyte · · Score: 1

      This is silly. You give them credit for writing mounds of code to deliver product (a strong one i agree) but so forgiving for writing an inhumane EULA?

      This can at least get that short set of legal English right. This totally smacks of "better to ask forgiveness than permission"

      I CONTINUE the age of predictions here, and expect their next "revolutionary" product line to come with another silly fascist EULA.

      MARK MY WORDS.

      ..always wanted to say that
      mug

    2. Re:Give them some credit by uradu · · Score: 2

      That was humor, guv!

      -

  28. Contract Law by Random+Bystander · · Score: 1

    As far as I am concerned, it doesn't matter. Last time I checked (I asked a guy that's done a contract law paper at the local university), any conditions like the ones in question in the Borland license (or any other) must be 'clearly stated' in the course of agreeing with the license. One of the laws here in New Zealand.

    It would be simplicity to argue that clicking this little checkbox here and then that next button there while displaying the EULA in a text area does not "clearly state" the significant clauses, and could most likely sue them back for it.

    I have no idea what the laws regarding this in other countries are.

    Also, seeing that it 'boilerplate standard' in Enterprise licenses, it should be in the bulk license purchase agreement, not in the EULA in my opinion, because it applies to the purchase, and the company/enterprise as a whole, not the individual user(s).

    1. Re:Contract Law by Anonymous Coward · · Score: 0

      I think it's customary to include the "IANAL" disclaimer, especially when your legal knowedge is based on asking someone who wrote a paper for community college.

      Anyhow, I sent your reply to a lawyer friend of mine. He said he hasn't had such a good laugh in years!

  29. I am undecided by Anonymous Coward · · Score: 0

    I don't know whether it is a better thing borland changed it, or if had left it unadjusted. It seems as though borland has just one-upped us all again.

  30. Re:Slashdot? Redmeat? Prove it! by Danborg · · Score: 1

    Actually, this issue received significant coverage in online media outlets, such as The Register. Note also the coverage of Borland's recant, where pressure from the online community was clearly one of the factors.

  31. Kylix T-shirt by ankit · · Score: 3, Funny

    You may now all resume using Kylix and/or JBuilder.

    WOW... now i can start wearing my kylix/borland t-shirt again... I really liked it ;)

    --
    Don't Panic
    1. Re:Kylix T-shirt by GdoL · · Score: 1

      Where can I get one of those t-shirt? I really think it's the best for scary MS fanatics! They really hate to see the better stuff on Borland stuff!

      Borland has always been a special corporation. See theirs newsgroups, ttheir tecnical support, but professional and amateur (Hi TeamB!). It's good to know they quickly react to this.

      --

      ------I can please only one person per day. Today is not your day. Tomorrow isn't looking good either.------
    2. Re:Kylix T-shirt by ankit · · Score: 1

      i go the shirt at the sco/caldera conference. It is black, with "Got Linux?" written in bold white in the fornt, and "Get Kylix" written at the back.

      --
      Don't Panic
    3. Re:Kylix T-shirt by neodymium · · Score: 1

      ... I'd like wearing a kyli_e_ t-shirt even more

      scnr.

  32. Other software companies by Anonymous Coward · · Score: 0

    I wish all software companies were reasonable in responding to its customers and the community this way.

  33. The More Things Change . . . by DonJefe68 · · Score: 4, Interesting

    I dunno - basically, this looks like an "Oops, you caught me" more than anything else. Accepting their explanation at face value makes me wonder how many times any developer at a large site has submitted themselves to these terms.

    I think it would be wise (and maybe someone has done this) to have EULAs from all sorts of companies examined closely by laywers (not IANALs, real Juris Doctor lawyers). I think we need to see the revised non-enterprise license from Borland. For those of us who bring in personal laptops to the office, how does an enterprise license apply to us? How about telecommuters? Is there some sort of paper wall between the portion of my home PC that dials into work and allows me to work from home, and the rest of my home PC with its ripped MP3s, software "borrowed" from friends and collections of pr0n? How about the USB harddrive that holds MP3s that I take to work to listen to tunes while I work? Does that become "infected" by the enterprise license?

    There are enough EULA's to choke a horse out there, and a lot of people (me included) have a tendency to buzz right by them on the way to an install. Add to that the variety of source licences and other varied licenses that we submit to and use, it makes for a nice legal morass that a lot of folks do not really comprehend until they get called on it, when it is too late. Just take a moment and try to count the number of legal agreements that you have made to get your PC to the point it is right now. How many? 100? 1000?

    Is there anyone out there who has created a website specifically to deal with these sorts of things? A technologically inclined lawyer with a whole lotta time on their hands? Someone to offer all us legal dilettantes and wannabees some guidelines and advice regarding the various legal "boilerplate" to which we submit ourselves every day?

  34. Re:Slashdot? Redmeat? Prove it! by Anonymous Coward · · Score: 1, Insightful


    Right, my point exactly. The article sounds self-congratulatory as if "look what we were able to do." It says "after all the bad press they received on Slashdot and Freshmeat" as if they were the only ones. I wouldn't have a problem with it if it said LIKE slashdot and freshmeat.

  35. This isn't the first time for Borland. by hpj · · Score: 1

    I don't remember the exact details but I remember that back around the time of Borland C++ 4.5 they tried a to sell that with a license that basically said that Borland owned access to all products released using Borland C++ or something like that.

    Borland backed down from that license as well. But I think it's alarming that they keep trying stuff like this a second time.

    /Mauritz
    GlobeCom AB

  36. Standard Form Contracts by RedSynapse · · Score: 5, Interesting
    I'm not defending this particular licence but it's important to recognize that Standard Form Contracts (aka EULAs in the software industry) in general help reduce costs for both the producer and the consumer. If the terms of a transaction had to be negotiated on an individual basis every time we rented a car or bought a videogame many of these products would simply be priced out of the market. But the inclusion of standard "boilerplate" disclaimers reduces transaction costs (i.e. lawyers and time) for both parties.

    Some people would claim that the producer has more power than the consumer in this situation, but if consumers find that conditions a particular producer's SFC too onerous then they are free to switch to a competitor's product which has more favourable terms (i.e. dump Kylix/JBuilder for something else which is exactly what I'm sure many people were planning to do).

    Whether people actually pay any attention to SFC's is another matter entirely. Steven E. Rhoades writes in The Economist's View of the World that in the mid 1980's one bank inserted a sentence in the midst of its disclosure statement offering ten dollars to anyone who sent in a postcard with the words "Regulation E" on it. Out of 115,000 recipients of the statement not one responded.

    1. Re:Standard Form Contracts by isorox · · Score: 2

      in the mid 1980's one bank inserted a sentence in the midst of its disclosure statement offering ten dollars to anyone who sent in a postcard with the words "Regulation E" on it. Out of 115,000 recipients of the statement not one responded.

      Heh, imagine that now. With email and the internet that bank would have been out $1,000,000 no problem.

    2. Re:Standard Form Contracts by markj02 · · Score: 2
      People don't have a problem with the fact that these contracts are "standard", they have a problem with the conditions they contain.

      It is also an economic fallacy to suggest that reducing legal costs for the seller is necessarily advantageous to the buyer. If the reduced legal costs and resulting lower product costs are more than offset by higher risk to the buyers, it's a bad deal. Think of it as reverse insurance. Since sellers are rational and can bank on buyers not understanding this point, they are going to make sure not to lower their prices enough to compensate for the increased risk to buyers.

      Finally, your "free market" argument is bogus as well. IDEs aren't like apples--you can't substitute one for the other easily. There is a high cost associated with switching to a different development environment even if the other environment were fully functionally equivalent. But, in many cases, there are actually no functional equivalents. You can't substitute anything for Visual C++, for example; obviously, there is no other IDE that is as up-to-date with recent Microsoft "enhancements" as the one they produce. And, to a lesser degree, the same applies to Kylix/JBuilder.

    3. Re:Standard Form Contracts by Roy+Ward · · Score: 2

      > Heh, imagine that now. With email and the internet that bank would have been out $1,000,000 no problem.

      Kind of unlikely - the use of the internet might have turned one into lots, but the fact that no-one responded means that there would have been no-one to spread the work.

      If I'd been one of the 115000, I would at least have read it - I always read the fine print of any contracts I am involved with. The only exception I make to this is that I don't read all those nearly identical software EULAs.

    4. Re:Standard Form Contracts by RedSynapse · · Score: 2
      It is also an economic fallacy to suggest that reducing legal costs for the seller is necessarily advantageous to the buyer.

      My argument isn't that SFCs reduce legal costs only for the seller, they also reduce them directly for the consumer in that the consumer does not have to pay a lawyer, or spend time to negotiate the terms of each transaction.

      If the reduced legal costs and resulting lower product costs are more than offset by higher risk to the buyers, it's a bad deal.

      I agree 100 percent, but I think this rarely happens because if a producer offers a consumer some horrendous contractual terms they consumer is free not to buy. I think this whole Kylix/JBuilder brouhaha reflects the fact that sellers in fact cannot "bank on buyers not understanding this point."

      Finally as to the non-substitutability of Visual C++ or other tools; Imagine Microsoft inserted new clauses in its EULA that stated that everything made with Visual C++ became property of Microsoft, and furthermore any profit or savings made by using anything made with Visual C++ had to be turned over immediately to the Microsoft Corporation. Would developers throw up their hands and say "Well that's it, I guess Microsoft just owns us because there's no other tool in the world that enables us to accomplish the same goals that Visual C++ does" or would they simply transition to another product that does place such onerous licensing restrictions on them? I think they would do the latter, and although this might be a very costly process, the consumer, being rational, will choose the whichever product that provides the lowest cost and highest benefit.

  37. Wow! by Hektor_Troy · · Score: 3

    That's quite a memory you have there snake_dad.

    And if you're too bored to search for jerw134, this is the relevant thread:

    http://slashdot.org/comments.pl?sid=26121&cid=28 29 491

    --
    We do not live in the 21st century. We live in the 20 second century.
    1. Re:Wow! by snake_dad · · Score: 2

      Ooop.. fooked up my second link. tnx!

      And for those unwilling to cut&paste: relevant link :-)

      (don't mod me up, mod parent up. He fixed my mistake. tia)

      --
      karma capped .sig seeking available Slashdot poster for long-term relationship.
  38. quibble by Anonymous Coward · · Score: 0

    It is correct to use an apostrophe to pluralize a symbol or acronym. Thus, "Bob the Angry Flower" is being somewhat hypocritical by presenting "VCR's" as incorrect. It is actually the correct plural form of "VCR."

    1. Re:quibble by jeremyp · · Score: 2, Interesting

      It is correct to use an apostrophe to pluralize a symbol or acronym



      No it isn't. In fact the correct punctuation should be "V.C.R.s".


      For the record apostrophes are used to denote possesives as in "the cat's feet" or "the cats' feet" if there is more than one cat except for the pronoun "it" so you would have "its feet". This is because the other place to use an apostrophe is to denote letters you can't be bothered to type such as the "no" in the preceding "cannot" and "it's" really means "it is". Now you could say that the apostrophe in "VCR's" stands for "ecorder", but to be consistent you'd have to have "V'C'R's".

      --
      All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
    2. Re:quibble by dhogaza · · Score: 2
      Bullshit. "VCR's" is archaic and today one would write "VCRs". EXCEPT in the very case you mention, when you use periods in the abbreviation you would properly use an apostrophe as in "V.C.R.'s".

      To quote Webster's grammar quide:


      An apostrophe is also used to form some plurals, especially the plural of letters and digits. Raoul got four A's last term and his sister got four 6's in the Olympic ice-skating competition. It is no longer considered necessary (but used to be!) or even correct to create the plural of years or decades or abbreviations with an apostrophe. He wrote several novels during the 1930s. There are fifteen PhDs on our faculty. My sister and I have identical IQs . (If you wrote Ph.D. with periods, you would add an apostrophe before the pluralizing "s": Ph.D.'s)

      More information on the apostrophe can be found here.

    3. Re:quibble by nalfeshnee · · Score: 1

      this is *really* quibbling, but:

      it's the case for *all* pronouns: none of them use a possessive apostrophe. it's nothing to do with avoiding having two words with the same orthography but different meanings. that happens all the time in english. consider the following sentence, what's it mean?

      "the frog's well"

      does the frog own one, or is he simply OK?

      nalfy

      --

      -- Despair is an operating system that ANY human being can run, sort of a psychological JAVA --

  39. Why the heck are you praising them? by warpSpeed · · Score: 2, Insightful
    Seriously though, it's good to see a company respond to the voices of the online community, and admit it made a mistake. Good job Borland."

    They should have known how bad this was before publishing the EULA, especially since they are trying to court the open source fanatics of the world (I count myself in among that group)

    They are no Microsoft, they cannot afford to be. They need all of us to combat MS business tactics.

    They are in some dire need of bitch slapping, not praise.

    ~Sean

  40. A company that listens ... by freaker_TuC · · Score: 1

    Seems to be they do listen to the(ir) (on-line) community though. Companies like Microsoft would never change their license even if half the earth is not agreeing with their license.

    This mean they did discuss the matter and they did get an opinion what changed their minds.

    Next to that they are just another company trying to do business and trying to protect theirselves in any way. They also do have competition just like every company on this planet.

    --
    --- I am known for the ones who want to find me on the net. Is that a privacy risk or a privilege? One might wonder..
  41. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  42. Not quite... by Anonymous Coward · · Score: 0

    The last bug report is dated December 31, 2001. That's only a few weeks ago!

  43. C'mon by SPYvSPY · · Score: 2, Informative

    Any sophisticated business person would know that boilerplate makes its way into corporate contracts (esp. end user license forms) because some moron executive (possibly the company's general counsel) decreed that there are certain terms that always have to appear in every contract. Those of us in private practice know that 8 out of 10 in-house lawyers are lazy, sloppy and often hog-tied by overbearing business people suffering from omniscience fantasies.

    Your jab at "lawyers" reveals that you don't know much about how business really works.

  44. how pretentious by ajeba · · Score: 1

    "after all the bad press they received on Slashdot and Freshmeat."

    "Seriously though, it's good to see a company respond to the voices of the online community, and admit it made a mistake."

    Ya know delete this if you want but this was taken a little far as slashdot is not the end all be all of the opensource community. If I develop a software package that gets reviewed by some inverted user that is posted by a pretentious site, ie /. , don't think I won't tell you to suck me. As everything posted on this site is not gospel. But it seems to me most people take it that way.

    1. Re:how pretentious by javilon · · Score: 2

      Actually, The register run an article on January 12th.

      It had _very_ strong wording:

      "Any sane person seeing these licensing terms can only do as Duchene suggests: destroy all copies of Borland software and turn to one of the other proprietary, or better free, products available."

      That, I guess, is bad PR as well.

      --


      When his defense asked, "Which computer has Jon Johansen trespassed upon?" the answer was: "His own."
  45. What about the lawyers? by supabeast! · · Score: 2

    I want to know what happens to the lawyers who come up with this sort of crap to begin with. This is not the first time a company has done something absolutely moronic on what is seems likely to be the misguided advice of overzealous lawyers.

    Does anyone know what these companies do to lawyers who come up with ideas like this? Especially lawyers dealing with digital IP, a relatively new area. Do they get fired, censured, or do companies tend to assume that since the interests of the company were really in mind, and rabid consumers did something surprising, the lawyers are not at fault?

    1. Re:What about the lawyers? by Anonymous Coward · · Score: 0

      They are probably forced to have their secretary change the language in the contract and get to bill the company $500 an hour for the change.

  46. Comment removed by account_deleted · · Score: 3

    Comment removed based on user account deletion

  47. Re:Very sad day by Anonymous Coward · · Score: 0

    Oh my god, I just found out this is true. I guess the injuries from that road accident must have been even worse than we thought. And shame on you moderators for modding this down- no doubt as you will this...

  48. Writing on the wall? by old_n_anal · · Score: 1

    While it is encouraging to see retrenchment of invasive license terms, I don't think I'd classify this as a "win".

    The license's original terminology tells us Borland's desires. It didn't work out because those terms seem extreme when compared to what we're used to.

    Watch for small changes in this and other licenses over time that seek to end up with exactly the same terms (or worse).

    Nibbled to death by ducks.

  49. Re:industry standard boilerplate & BSA by Technician · · Score: 2

    It means when you agree to "industry standard boilerplate", you gave the BSA full promission to invade a do an audit without a court order! As soon as I can get rid of the last of the MS software, I can put a sign on the front door stating "No software permited inside with licenses providing the BSA permission to audit". Most everyone has heard of the BSA.
    The fact you can avoid giving permission to an audit without a warrant needs promoted.

    --
    The truth shall set you free!
  50. Boilerplate Problems by Anonymous Coward · · Score: 0

    why dont we all start taking the EULAs from software we've purchased and modify it to remove what we dont like and then send it to the company asking if they will agree to your negotiated terms and to sign and return it, otherwise to send a refund. If if a small percentage of the users of a product start trying to negotiate a new contract individually or ask for a refund, which I believe you are entitled to if you don't agree to the terms, maybe the software companies will start making the licenses less restrictive (since everyone knows that they never get enforced or read for the most part anyway)

  51. This is why I only purchase... by Anonymous Coward · · Score: 0

    This is why I only purchase software that cannot be linked back to me. I never register anything and have yet to experience any problems getting patches or anything else. However, moving to open source solutions tends to make a world of difference.

    My company is doing a complete rewrite of asp pages to jsp's and porting our software offerings to java (this may cause more problems).

  52. It still doesn't matter. by Lumpy · · Score: 1, Troll

    They put that language in there INTENTIONALLY. they knew what they put in there, they knew what they were trying to pull.

    If you go to a store and catch them trying to cheat you doe you ever shop their again? NO.

    Sorry, but borland will never get any of my dollars again nor will I reccomend to anyone to use their products. In fact I will reccomend that borland products are to be avoided.

    The only way to change this is a public apology and admission of guilt by the company, it's CEO,CTO and CLO.

    It was an intentional act... their response is the same as saying " Oh that was an accident, I didnt realize it was there" about painting FU*K YOU across the side of your car.

    Borland, you want any respect back from the geek community? give us a real apology.

    --
    Do not look at laser with remaining good eye.
    1. Re:It still doesn't matter. by Anonymous Coward · · Score: 0

      Inane. It was a legal clerk being lazy.

    2. Re:It still doesn't matter. by Anonymous Coward · · Score: 0

      Sorry but something like a legal contract is a highly important legal document and must be carefully reviewed and accurate. Their failure to ensure accuracy in a binding legal document is a grand example of shoddy quality control and incompetent management.

      Sorry, but Borland has lost customers forever because of this and I am now one also.

  53. OT + Flamebait rant by Anonymous Coward · · Score: 0

    That's the weirdest moderating I've seen thus far. The original poster is modded "informative" for something that is off-topic and clearly wrong (read the link provided, read the posters text and judge for yourself), yet the parrent to this text (who is ALSO offtopic), who actually posts correct information (ie the use of possessive copied from the link) is only posted offtopic. Why isn't he modded insightful/informative?

    Some people moderate out of their ass.

    1. Re:OT + Flamebait rant by Anonymous Coward · · Score: 0

      I've noticed some rather crappy moderation on /. myself... now I just post as an anonymous coward- how sad.

  54. Second victory... by skia · · Score: 2, Funny
    Seriously though, it's good to see a company respond to the voices of the online community, and admit it made a mistake.

    You're overlooking the greatest example of the above -- Borland changing it's name back to Borland from "Inprise".

    --

    --

  55. Slashdotted website by totallygeek · · Score: 4, Funny
    Most likely, Borland only revamped the license to quit the Slashdot effect on their web servers.

  56. Bullhi** thye never backed down because.... by CDWert · · Score: 1

    This is so much crap its unbelievable,

    Borland NEVER had any of those right they so claimed in their liscence, Removing something COMPLETLEY unenforcable Dosent mean backing down !

    They said they made a mistake, OK, but EVEN in a "Enterprise Enviroment" this wouldnt fly either.

    If I put a sign in my driveway that says, "All trespassers will become property of Wertman Enterprises, by coming on this land you acknowledge forfiture of your soul, independence and freedom. You will becom personal property with no recourse and by agreeing to come on this property you forefit your right to a Jury trial"

    Horseshit....

    Does that mean if a person stray I can keep em ?
    NO , It is UNENFORCABLE, because it blatantly violates consitutional right, basic constitutional freedoms cannot be simply waved willy nilly, If you want to refuse your right to a jury trial you need to SIGH in accordance. not just say "Nah I dont think so" it would be a mess of crooked judges and prosectors in a he said she said .

    Borland cant back off excersising rights they NEVER had, a click through cant waive 2 or 3 consitutional right, either for a person or a corporation.

    --
    Sig went tro...aahemmm.....fishing........
    1. Re:Bullhi** thye never backed down because.... by CTalkobt · · Score: 1

      As a matter of law however, contractural law is a contract between two entities - the Bill of Rights has nothing to do with what the two entities can or can-not agree on.

      There are basic assumptions of free-will etc that cannot be impinged but the section of contract as I've read it would have been enforceable.

      But then again, what do I know - I'm not a lawyer - I just like to argue with the traffic judges. :-)

      --
      There's a gorilla from Manilla whose a fella that stinks of vanilla and has salmonella.
  57. I've always liked Borland... by Anonymous Coward · · Score: 0

    ...I'm glad that I could take it's name off of The List.

  58. GPL by sparkz · · Score: 1

    The main controversial items in the license were:
    1) The right to visit your systems to check that licenses are being obeyed
    2) That OpenKylix could only be used for GPL development

    Which of the two have they "backed down" from?

    Can I now use OpenKylix to develop a non-GPL application?

    --
    Author, Shell Scripting : Expert Re
    1. Re:GPL by djmurdoch · · Score: 1

      They haven't said yet what the license is supposed to look like. They've just said that they accidentally put the wrong license in, and they're working on fixing it.

      I suspect that GPL will stay, audit will go, but there are a number of other controversial clauses: you can't produce products that compete with Borland, you can only make one backup copy, you're required to register, you give up the right to a jury trial, you can't give away or sell your copy. I wouldn't want to guess what they'll do with those.

    2. Re:GPL by sparkz · · Score: 1

      I did email them about this, asking what the changes would be, but they've not replied...

      --
      Author, Shell Scripting : Expert Re
  59. Re:GPL - Contents of the "new" license by sparkz · · Score: 1
    Having downloaded the 29MB file to get the license, I can confirm:

    12. AUDIT. During the term of this License and for one
    (1) year thereafter, upon reasonable notice and during
    normal business hours, Borland or its outside auditors will
    have the right to enter your premises and access your
    records and computer systems to verify that you have paid
    to Borland the correct amounts owed under this License
    and determine whether the Products are being used in
    accordance with the terms of this License. You will
    provide reasonable assistance to Borland in connection
    with this provision. You agree to pay the cost of the audit
    if any underpayments during the period covered by the
    audit amount to more than five percent (5%) of the fees
    actually owed for that period.

    and also:

    If you have Kylix Open Edition and you would like to
    distribute your Works other than under the GNU General
    Public License, then you must purchase the appropriate
    commercial license from Borland


    So there seems to be no change in the license whatsoever
    --
    Author, Shell Scripting : Expert Re
  60. Power of Community by Sean+Clifford · · Score: 1
    I'm still amazed at the power of communities, particularly the ./ community. Whether the license was mistakenly applied or intended, Borland reacted at light speed to address developer concerns. Adobe turned 180' in the Sklyarov debacle, though our own government remains glacially slow in resolving the matter.

    It's great to see a reasoned debate, an informed community, and collective action result in positive change. This is what it's all about!

    1. Re:Power of Community by Anonymous Coward · · Score: 0

      its called we will hack your a$$ until you change it...too bad Microsoft it not the same way

    2. Re:Power of Community by Anonymous Coward · · Score: 0

      Itz not 2 surpizing. Who wants thousands of cirlcle jerking ./ homoz making sexully harrassing phone calls an taco snotting u in the middle of the night.
      Inprize obviously knew what it ws up against and backed down in fear of massive taco snotting.

      M$ dosen't back down b/c every1 knows that seattle has the 2nd highest number of homoz (and taco snotters) next to san fran.

      Bill gates dreams of getting taco snotted by hordes of nuble, yung ./ers; I'm sure of it.

    3. Re:Power of Community by Anonymous Coward · · Score: 0

      Shut up. we know what you mean by "hack your @$$". flaming homo.

  61. Who's mimicking? by Faramir · · Score: 1

    Is the corporation mimicking the government or vice versa? Or perhaps that's just something about human nature... leading to convergent evolution. Or perhaps at this point, I should say coevolution, symbiosis...

  62. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  63. Re:No mistake... by Anonymous Coward · · Score: 0

    They made the mistake of challenging the GNU "free software" monopoly. And they lost.
    You can't beat "free", except maybe with "libre", but what Inprize was offering was a far, far cry from a BSD-style license.

  64. Good job - not by fleener · · Score: 2

    Good job? Good job??? Is it good that companies feel they can try slipping invasions of privacy by us? If they get caught and there is a big backlash, all they have to do is claim ignorance or that it's a mistake or that they just showed bad judgement... and the good little consumer says, "Oh, that's OK, I forgive you. Let's be friends."

    Well, it seems there's a whole lot of bad judgement going around that companies feel can be excused away.

    Do you trust Borland? Do you believe them? How is your trust for Borland different from other companies that have tried to float outrageous measures that were later excused away or apologized for?

    1. Re:Good job - not by Anonymous Coward · · Score: 0

      Which underscores the fundamental problem of the so-called free market. Lack of genuine accountability. As it is, companies can do exactly anything that they want, and people still patronize them. Look at mickey-dee's rape of the rainforests or wallmart's child-labor violations for relevant examples.
      Next to those; Inprose's licensing shenanigans are pretty mild..but It's No Surprise peole are tripping over themselves stating how they forgive them and want to get screwed again.
      Obviously what is needed is a government agency with special powers to write and enforce genuinely Free (libre, not beer) Licenses.
      I would suggest that everyone hit the X button on your browser and put pen to paper to let your representative KNOW that we're sick of being scammed by big industry and we want Genuine Regulation NOW!

  65. Re:Alternate definition of legaleseL... by SlowMovingTarget · · Score: 1

    From The Jargon File via the UMEC's Jargon Server:

    legalese n. Dense, pedantic verbiage in a language description, product specification, or interface standard; text that seems designed to obfuscate and requires a language lawyer to parse it. Though hackers are not afraid of high information density and complexity in language (indeed, they rather enjoy both), they share a deep and abiding loathing for legalese; they associate it with deception, suits, and situations in which hackers generally get the short end of the stick.

  66. New license by Anonymous Coward · · Score: 0

    Why the celebration? Has anyone seen the "new" license?

    1. Re:New license by Anonymous Coward · · Score: 0

      Whatever the licesnse is, it's still a victory for GNU/Linux because now they're supporting Free Software (by supporting GNU/Linux); or maybe Free Software isn't something that concerns you?

  67. Don't flame when you are wrong by andaru · · Score: 1
    Telling this dude that he succeeded in making a fool of himself for saying something true is kind of asking for it.

    The link may not provide the actual rule he refers to (it's = it is vs. its = owned by it), but it is a real rule of the English language.

    --

    Why is Grand Theft Auto a much more serious crime than Reckless Driving?

    1. Re:Don't flame when you are wrong by Jucius+Maximus · · Score: 1
      "The link may not provide the actual rule he refers to (it's = it is vs. its = owned by it), but it is a real rule of the English language."

      Thank you.

      I knew that some ignorant/unlearned person would criticise me on the grounds that what I said didn't match the poster. Thank you for taking out the trash.

  68. Is activation part of licensing? by serano · · Score: 2, Interesting

    How does activation relate to licensing?

    I have JBuilder 5, and every time I have to install it on a new computer, I have to activate the installation with JBuilder's website, or I continue to get an annoying message telling me I must do so. It's not too hard to imagine this feature deactivating my installation in some future version of JBuilder (ala XP, Citrix, and probably others).

    If Borland were to go out of business, what would happen to my product and the activation requirement? Would I never be able to install it on a new machine?

  69. C++ Licence by andaru · · Score: 1
    I recall a BC++ licence (sometime after 3.1) which only provided for distribution of a limited number of copies of software compiled by "the product" without paying royalties to B'land. So if you wanted to whip off 20 or 30 copies of the exe you were fine, but if you wanted to sell s'ware to the masses, you would have to make arrangements with B'land to pay them $.0X per copy.

    They yanked that pretty quickly, as I recall.

    --

    Why is Grand Theft Auto a much more serious crime than Reckless Driving?

  70. EULA as a contract by _|()|\| · · Score: 2
    a mistake as to which license gets associated with which product

    Borland, as a proprietary software developer, assumes you accept an EULA as a contract. A contract doesn't have room for "What I really meant to say was ...."

  71. microsoft sucks! by Anonymous Coward · · Score: 0

    woohoo yeah you suck microsoft (ok now back down to me!)

  72. Hmmm... by Catskul · · Score: 1

    He didnt capitolize his name, nor did he give a last. Seems kinda odd for a formal open letter for someone to have that kind of typo.

    --

    Im not here now... Im out KILLING pepperoni
  73. what a coincidence by Reziac · · Score: 2, Insightful
    As I'm reading this comment page, what arrives in my mailbox? "Borland Community News". I kid you not.

    It includes this passage (quoted under the Doctrine of Fair Use :)

    "Whew! What a year!

    "What does it all mean? I think it means that despite the economic downturn that swept through the country in the aftermath of the September 11 attacks, despite the "burst" of the Internet bubble, a company can succeed by delivering great technology and paying attention to what developers need and want."

    All together now: WE WANT THE GOOD OLD NO-NONSENSE LICENSE AGREEMENT, APPLIED AT EVERY LEVEL FROM HOBBYIST CODER TO ENTERPRISE DEVELOPER!! (Damn, that was loud!)

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  74. Doesn't matter, the damage is done by Anonymous Coward · · Score: 0

    use a good text editor and ANT instead

  75. How do you copy and paste... by Dog+and+Pony · · Score: 1

    ... an amendment that makes your license more harsh? I mean, copy/paste kinda implies that there was some other license(s) that already had these clauses.

    1. Re:How do you copy and paste... by f00zbll · · Score: 1

      The answer I was told by the staff lawyer was basically, "I have a template boiler plate from the past." Legally, it can't be exactly the same as one they wrote for a previous employer, but there are only so many ways to say the same thing in legal terms, so lawyers copy/paste text from an older example and change it slightly. I don't know how many lawyers do that, but the four that I have worked with all did it. By no means does that mean all lawyers do that, just the ones I've worked with.

  76. You can't say "Good job"! by Dog+and+Pony · · Score: 1

    Dammit! If your boss tries to sneak away some of your paycheck, and you catch him, do you say "good job, boss" when he finally pays you the rest?

    I could do a dozen of these (lame) examples, but you get the point. You do not say "Good boy" to the dog who bit you just because he decided to release his jaws. It is still "Ba-ad doggie".

    They tried to sneak in something very, very bad in their license, and while it is good that they remove it, they are not doing it out of benevolence - they would keep it if they could. The old Borland was way cool, I do not know about this post-Inprise though. Seems they have turned bad on the community in lots of other areas, such as reasonable pricing and such as well.

  77. Why assume it's over??? by HamNRye · · Score: 2

    That is not even a standard enterprise agreement. While some of that language was part of it, there are still license provisos that would be most unacceptible to an enterprise.

    What if you have one copy of Borland BSA builder in your company, they still claim these rights??

    Also, they have not released new license terms. What are my rights concerning the program now?? The old license was not intended for you, but there is no new license, hence, the terms of the old license remain in effect.

    Remember, people use these tools to write code for money. Licensing is very important when it becomes a big part of your business.

    P.S. Who qualifies as an enterprise again??

    ~Hammy

    1. Re:Why assume it's over??? by Trepalium · · Score: 1

      I would assume that enterprise agreements mean volume licenses. If you only had one developer that needed the produce (or even two), chances are you'd just buy the boxed version. After a certain number of copies (usually two to three), it becomes much more economical to use the volume licensing, at which point you'd be subject to these type of provisions for just about any type of licensed software you might buy (Microsoft's stuff comes to mind, as they have similar provisions).

      --
      I used up all my sick days, so I'm calling in dead.
    2. Re:Why assume it's over??? by Anonymous Coward · · Score: 0

      Some "enterprises" will avoid shrinkwarp EULAs and negotiate a contract directly with the vendor even for small orders.

      I did some work at one place that did this specifically for all developer tools, primarily because one manager's experiences with our friend Borland's EULAs a long time ago. (They slipstreamed a licence which required runtime royalties or something - other /. posters had the details in a previous story.)

  78. Submited yesterday, still pending by SAN1701 · · Score: 1

    I dont get it. I've submited this news yesterday, with the same links, but it's still "pending (1)"

  79. "Good job borland" ?! by mathboy · · Score: 1

    Slashdot is saying good job? WHAT FOR?

    A simpsons quote summarizes this situation perfectly:

    "And I'll take up smoking and give that up!"
    "Good for you son - its the hardest thing you'll ever have to do. Here, have a dollar."
    "But dad, Bart didnt do anything!"
    "Didnt, he, Lisa? Didnt he? .. Hey, wait, he didnt! Gimme that!"

  80. Because its venal or stupid-which do you believe? by maggard · · Score: 3
    ... a mistake as to which license gets associated with which product.

    Riiight - I was out of the room, the dog ate it, I was putting *back* the cookies, etc.

    Folks don't believe the statement 'cause its not believable. License's legal wording doesn't just get thrown together by some minor "administrative assistant" and then sent out. It's reviewed, several times, at different levels. This is the legally binding contract the company has to honor - trust me it gets read, discussed, debated. Borland knew what it was doing.

    Furthermore the line that these were items meant for their enterprise licenses is also a load of hooey. Some of those provisos are ones NOBODY sensible would sign off on, PARTICULARLY large corporations with their own lawyers reading this stuff and looking to protect the companies privacy. The only way those points would ever show up in a big contract would be as negotiating points that can be used to make Borland look reasonable on other more legitimate terms ("We dropped the X and the Y for you folks, at least let us keep the Z!")

    Frankly the "Open Letter" is an exercise in damage control and deceit.

    It was an accident all right - that it caused so much furor and now they're trying to make excuses and distance themselves. I'm sure the next few licenses they'll be treading softly but I've no doubt we've seen the goals of at least some folks within Borland. If they remember the spanking will have to be seen but I for one wouldn't commit to Borland products without a great deal of unease.

    Finally, and on the VERY off possibility this was an honest mistake then what kind of organization lets something this important "slip through"? Are they venal or profoundly badly run - gee which would I prefer my tool developer be?

    --
    I don't read ACs: If a post isn't worth so much as a nom de plume to its author then I wont bother either.
  81. Dump JBuilder. Use NetBeans. by javabandit · · Score: 1

    This isn't a troll. JBuilder just sucks. And Borland has went seriously downhill in their business practices.

    Borland releases 1 to 2 new versions a year, and has a horrific upgrade price for existing customers. Worse yet, their new and improved versions really have no added value except for a couple of features that could easily be written as an OpenTool.

    They have recently released 6.0 which has no serious value-add over 5.0. Yet they consider it to be a MAJOR version release. Whatever.

    Borland abandoned the free JBuilder Foundation edition a couple of years ago because everyone stopped buying the Standard and Professional edition. Why did everyone stop buying it? Because nobody NEEDS any of JBuilder's bloated/useless features in the Professional or Standard editions.

    I have completely abandoned Borland and gone to NetBeans. NetBeans is by far a superior IDE. It is truly an INTEGRATED DEVELOPMENT ENVIRONMENT unlike JBuilder. It has greater numbers of features. And its open-source to boot.

    Dump JBuilder. Use NetBeans. Down with Borland.

  82. Read Borland's Previous Licenses by jdevons · · Score: 1

    Try reading Borland's previous "no-nonsense" licenses.

    I think they should be given a chance to go back to that type of license without everyone blowing up again.

    --
    I do everything the voices in my head tell me to...
  83. Borland and bugs by Anonymous Coward · · Score: 0

    They'll fix them, then SELL you the bugfix version and call it an upgrade. They're greedy rotten bastards, always have been, always will be. The original license should give you a warning as to what they're really all about.

  84. First Mover Disadvantage by panaceaa · · Score: 1

    How long until a company comes along with another extremely restrictive license and no one complains? Everyone on slashdot always complains about repeat posts... eventually with more and more restrictive license attempts, Slashdot and other communities will stop informing us about them for fear of being redundant.

    This happens all the time with other technologies, such as DoubleClick's ad tracking (though recently discontinued). The first company gets chastised, but then other companies come along and are no longer controversial enough for mass media to report.

    Shouldn't something be done to stop licenses like this completely, without always resorting to consumer pressure?

  85. Don't be fooled. This is not a back down. by marko123 · · Score: 1

    Dale Fuller said,
    "The new end user license agreement mistakenly contains language that is specific to enterprise volume customers"

    He said that the language, not the conditions were innappropriate for non enterprise licenses. He was probably just saying that they have to word things more obscurely for thin-skinned personal users.

    --
    http://pcblues.com - Digits and Wood
  86. Ack! by shepd · · Score: 1

    Me and my crappy astronomy. Maybe I should have attended at least one lecture. :)

    s/uranus/mercury/

    --
    If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
  87. OT: Re:Don't flame when you are wrong by Hektor_Troy · · Score: 1

    Judging by the newsgroup alt.its.possessive.has.no.apostrophe, you might be right, but trying to convince people that "its (possessive)" has no apostrophe by posting a link to a poster that clearly states that "it's (possessive)" _has_ an apostrophe isn't really the brightest thing to do, is it?

    Now - personally I have no idea which rule is the correct one (I don't even know when to place a comma in english), but I still think it's less than ideal. You don't go around telling people, that Hitler was a nice guy who didn't want people to die, while linking to a gruesome description and depiction of Die Endlösung.

    "I knew that some ignorant/unlearned person would criticise me on the grounds that what I said didn't match the poster."

    Then why didn't you link to an appropriate text instead?

    --
    We do not live in the 21st century. We live in the 20 second century.
  88. OT: Re:Come back to the fold by armb · · Score: 1

    > IE does not crash every ten minutes.
    Nor does Netscape. Usually. But this time it did.

    > Install an OS that does not use 1996 web browser technology.
    I'm running Windows NT (with emacs, cygwin, PuTTY and an X server). That's no excuse to run IE (though I do resort to it sometimes).

    I have got Mozilla 0.9.7 here too.
    It's getting better, but I'm still not using it as my mail client, so it tends to be easier to use Communicator as my web browser too.

    --
    rant
  89. Borland = Good, Microsoft = Bad? by danov · · Score: 1

    Seriously though, it's good to see a company respond to the voices of the online community, and admit it made a mistake. Good job Borland.

    Borland fixes its clearly-abusive Kylix/JBuilder license: good for them to listen to us, they're the good guys.

    Microsoft fixes its clearly-abusive Passport license: they did it just to put out the fire, not because they care, they're still the bad guys.

    Isn't it ironic how /. can be full of double standard?

  90. Re:Because its venal or stupid-which do you believ by bungo · · Score: 1

    Finally, and on the VERY off possibility this was an honest mistake then what kind of organization lets something this important "slip through"?

    Maybe they get their legal advice from Andersen?

    "Sure, it's fine to invaid peoples home - just make sure you shred your documents before you're caught."

    Just imagine what all of these other big companies are getting away with that we don't hear about!

    --
    "The best part? I became an ordained minister while not wearing pants." -- CleverNickName
  91. Re:Check the web site license: lewd & lascivio by nalfeshnee · · Score: 1

    concerning these terms, and where it talks about 'chat room' communications, would someone care to comment on the legal distinction between 'lewd' and 'lascivious'..?

    interested parties want to know!

    ed

    --

    -- Despair is an operating system that ANY human being can run, sort of a psychological JAVA --