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Slashback: Ascent, Patents, Transferability

Slashback tonight brings updates on iTunes music sharing (the mentioned auction's been pulled), the continuing fight against software patents in Europe, the recently scuttled balloon-record attempt, and more. Read on for the details.

Your ruse, your clever trick. On August 22nd, we reported that OpenOffice.org's OS X version had been delayed for two years.

However, bluethundr writes "Hold the phone! Is it delayed or isn't it? Well, according to this story in the register, it AIN'T DELAYED...just undermanned. Apparently there are only TWO (count 'em! one...aw heck, where was I?) developers working on the OS X development team. Dan Williams (who is one of the two in question) says that 'the Mac version is in a Catch-22: with only two developers, it desperately needs man power. But no one will join the porting effort until they see momentum behind the Aqua port.' Maybe some of the coders among us could lend them a hand?"

Too late for the colonies, help save the mothership. leif.singer writes "While there still is some time left, please consider signing Eurolinux' petition against software patents in Europe." You'll be in good company: vinsci writes "In their news section, FFII has posted a more detailed story: "Within a few days, the petition calling the European Parliament to reject software patentability accumulated 50,000 new signatures.""

Free as in FreeDOS Jim Hall writes "I thought I'd submit this before the news item fell too far down our web page. If you remember about a year ago, Dell was to offer Windows-less PC's, instead pre-installing FreeDOS. You can now order a Dell with FreeDOS (or Linux) ... and have been for a while now. They are pretty nice machines, too (3.06GHz). We have the news item (with links to Dell) at the FreeDOS Project web site."

Nasty worms ought to at least produce spice. The NRC released an alert about worm infections and nuclear power plants. This is a reaction after the SQL-Slammer attacked the shut-down Davis-Besse nuclear power plant in January.

Tomorrow is another year. RoadKillian writes "New Scientist reports thats the QinetiQ 1, the record-breaking balloon which was supposed to rise to an altitude of 40km (131,000ft) has ripped during inflation. The weather is unlikely to permit another attempt this year."

When EULAs collide. Yesterday's story about selling a song downloaded from iTunes seems to have an unhappy ending: sideswipe76 writes "As I was watching this auction today, it approached $16,600! Now, if you try and check this link from eBay you get 'invalid item.' Is eBay wussing out just to avoid any legal snafus that _might_ occur? Or did he violate some ebay policy? Thoughts?"

16 of 253 comments (clear)

  1. iTunes Sale by rsmith-mac · · Score: 4, Informative

    According to News.com, the reason they scrubbed the iTunes auction was because he violated one of eBay's rules, which states that "eBay prohibits the listing of items or products to be delivered electronically through the Internet", aka the "You can't sell it if it doesn't physically exist" policy. Such as transfer may still be legal, but it looks like eBay isn't the place to do it.

    1. Re:iTunes Sale by superpeach · · Score: 5, Informative

      You can see the email from eBay to George Hotelling here, at his site as well as his reply.

    2. Re:iTunes Sale by bcrowell · · Score: 5, Informative

      eBay doesn't actually enforce those rules normally, especially if nobody complains. For instance, they theoretically have a rule against selling anything on CD-ROM. Some guy took my copylefted books, deleted the license and copyright page from each book, and started selling a CD-ROM containing my books. (It would have been OK for him to sell them, but it was a license violation to remove the license.) When I complained, they deleted his auctions, but he's still in business selling stuff like LOTR screensavers, porn screensavers, non-copylefted books, etc. -- all on CD-ROM. I filed reports on all that stuff, but they don't actually enforce this kind of rule or pull the auctions unless the victim is the one who files the report.

    3. Re:iTunes Sale by wizzy403 · · Score: 4, Informative

      From the auctioneer's site:

      [Update 09-04-2003 3:02 PM]:
      My GPG signed response:
      I do not believe that my auction violates the downloadable media policy, I posted in my auction that I would not be violating it. I specifically ammended [forgot to run ispell] the auction to state that the buyer would not receive the item in question over the Internet.

      Please reinstate my auction ASAP.

      George Hotelling

      [Update 09-04-2003 2:52 PM]:
      Dear George Hotelling (me@mydomain.tld)

      **PLEASE READ THIS IMPORTANT EMAIL REGARDING YOUR LISTING(S)**
      We would like to let you know that we removed your listing(s):

      2555673237 Double Dutch Bus by Devin Vasquez

      for violating our Downloadable Media Policy. Please read our Downloadable Media Policy here:

      http://pages.ebay.com/help/policies/downloadable .h tml

      We have credited any associated fees to your account. We have also notified the bidders that the listing(s) was removed, and that they are not obligated to complete the transaction.

      If you relist this item, or any other item that violates eBay policy, your account could be suspended.

      If you believe your listing was removed in error, please let us know by replying
      to this email with supporting information.

      Thank you for your cooperation.

      Respectfully,

      Customer Support (Trust and Safety Department)
      Ebay Inc.

  2. iTunes not actually property! by rnd() · · Score: 4, Informative

    The fact that the auction has been pulled should convince anyone who has wondered that DRM is the only way for companies to profitably sell music on the internet.

    Incidentally, it is also a testament to the likely success of Microsoft's upcoming music download service, where you pay an annual fee and may download any 60 songs for playback on a handful of certified devices that are digitally tied to your account. If you get tired of some of the songs, you can turn them in and exchange them for new ones.

    When you think about it, this plan makes a lot of sense, since it ushers in the new era of portable digital storage, which you can plug into your car, your expensive Harmon Karden system, or your walkman. It also makes sense in that it will probably make record companies more money than they make today, while making consumers happier.

    Wouldn't you like to pay $120 per year and be able to "rent" any 60 songs at any time for as long as you want???

    Right now, you could buy 8 or 9 CDs, or 120 iTunes songs, which for most people wouldn't be enough to really establish a satisfactory music library.

    I know this post sounds pro-Microsoft, but it's actually pro-capitalism and pro-innovation. Capitalism works so well because it always encourages companies to come up with a better mousetrap, or in this case a better music distribution system.

    --

    Amazing magic tricks

  3. eBay policy by dboyles · · Score: 2, Informative

    This thread addresses the part of eBay's policy that has probably been violated.

    Of course, who's to say eBay didn't just roll over under the pressure? Wouldn't be the first time.

    --
    -- "Complacency is a far more dangerous attitude than outrage." -Naomi Littlebear
  4. The people of California should modify their laws by Anonymous Coward · · Score: 1, Informative

    If they're unhappy with the recall, fix it. Make it harder to do, or remove it all together. That's democracy.

  5. Music on Ebay by igabe · · Score: 4, Informative

    Just a thought, but I have a feeling that when bidding gets to the thousands of dollars for something worth virtually nothing, Ebay starts to get a little weary.

    I know that I once had the great experience of falling for a new TiBook 1GHZ for only $1500. Bidding went well above that, and Ebay then pulled. Turned out it actually was a scam.

    My guess is that Ebay would happily risk stopping a real auction for the small chance it might be a hoax(instead of vica versa). In this case on the chance the bidders won't back their wagers.

    --
    tilTrue.info contechtext.info prettypowerful.info twitter.com/frets fb.com/prosody
  6. eBay policy by Phroggy · · Score: 2, Informative
    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  7. Email I received from eBay... by MacJedi · · Score: 3, Informative
    Got the following at about 3pm today:
    The following listing:

    2555673237 - Double Dutch Bus by Devin Vasquez has been removed from eBay for violating eBay policy. Since this listing was removed, you are not required to complete the transaction.

    For a complete list of eBay's policies, please visit: http://pages.ebay.com/help/sell/item_allowed.html

    Regards,
    Customer Support (Trust and Safety Department) Ebay Inc.

    /joeyo

    --
    2^5
  8. Dune by Anonymous Coward · · Score: 0, Informative

    In Dune, worms produce the spice which is the basis for their wealth.

  9. Worms in Power Plants by benjamindees · · Score: 4, Informative

    One of the national news broadcasts just had a couple people talking about 'computer problems' as a factor in the East Coast blackout. A transcript of the first few minutes of the outage had technicians complaining that their computers were acting strangely and that they couldn't diagnose the problem because of that.

    The CEO of the company that had the 'original' problem asserted that there must have been systems failures at other sites in order to bring down the entire grid. He said his company alone could not have caused the problems that occurred.

    I wonder if any of the MS worms that were circulating at the time actually were to blame for the outage as has been speculated here before?

    The webcast of the hearing will be available here when it's ready.

    --
    "I assumed blithely that there were no elves out there in the darkness"
  10. Yet another iTunes Auction... by Anonymous Coward · · Score: 2, Informative

    Seems like soneone saw the first auction and posted another iTunes auction. the experiment continues.

    eBay item=2555862144

  11. OpenOffice already runs on OS X by penguin7of9 · · Score: 4, Informative

    OpenOffice already runs on OS X. What they are talking about is a Quartz/Aqua port. But, frankly, why bother? Even if people use Quartz/Aqua APIs, OpenOffice still won't look or behave exactly like a Cocoa-native application, so it really won't be any more "native" than the existing X11 port. Furthermore, Apple's X11 server for OS X is just fine for running software like OpenOffice, it's free, and it's easy to install.

    There probably isn't much interest in the Quartz/Aqua port because there doesn't seem to be much point to it: it's a lot of work and won't behave much differently.

    As OS X becomes more mainstream, the "purity" of its user interface (if you can call the mix of Cocoa and Carbon "pure") will increasingly go away: people will port MFC, Swing, .NET, Gtk+, wxWindows, and FLTK applications to it. OpenOffice on X11 is just another toolkit. What people could spend time more profitably on is cleaning up the few remaining glitches in the integration of X11 with the OS X desktop. Most of those can be done fairly easily, but Apple might consider adding a small X11 extension that would allow people to add OS X-specific features to their X11 applications without a complete rewrite.

  12. Re:Not really by drinkypoo · · Score: 4, Informative
    You have to send the user a physical item. It can be a slip of paper. What most people do is sell a slip of paper with a "password" on it, and you meet the buyer in-game, and they say the password to you, at which time you give them the item.

    The buyer is protected (ostensibly) because the listing says that you will get the item when you tell them the password, thus if this is not true, you are guilty of fraud. And you comply with the letter of ebay's law. I'm guessing they feel the laws are clear on physical objects and claims but not on virtual ones, so they're bringing all the virtual things into the real world.

    Makes me wanna go watch Lain.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  13. Didn't bother to RTFA, huh? (was Re:FreeDOS?) by bahamat · · Score: 2, Informative

    The FreeDos website has links to the Dell 360 desktop. The interesting thing I found, was that the default configuration with Windows (any version) selected as the OS costs $2863. The exact same options with Red Hat or Free DOS is only $2234.

    Yes, that's right. Dell is rooking $629 for Windows. If that doesn't piss you off enough, read this.
    However, I do have to say that I am glad there are now 2 major hardware vendors selling desktop systems with Linux as the only OS. IMHO, this is the only thing that IBM needs to do to solidify their commitment to Linux. I love what they're doing with Linux servers, but I sure wish I could buy a Thinkpad with a hardware modem and Linux.