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Safari 3.1 For Windows Violates Its Own EULA, Vulnerable To Hacks

recoiledsnake writes "The new Safari 3.1 for Windows has been hit with two 'highly critical'(as rated by Secunia) vulnerabilities that can result in execution of arbitrary code. The first is due to an improper handling of the buffer for long filenames of files being downloaded, and the second can result in successful spoofing of websites and phishing. This comes close on the heels of criticism of Apple for offering Safari as a update for approximately 500 million users of iTunes on Windows by default, and reports of crashes. There are currently no patches or workarounds available except the advice to stay clear of 'untrusted' sites." Further, Wormfan writes "The latest version of Safari for Windows makes a mockery of end user licensing agreements by only allowing the installation of Safari for Windows on Apple labeled hardware, thereby excluding most Windows PCs." Update: 03/27 17:23 GMT by Z : Dave Schroeder writes with the note that the license has been updated to correct this mistake.

368 comments

  1. It has begun... by muffen · · Score: 4, Funny
    1. Re:It has begun... by Divebus · · Score: 5, Funny

      "The latest version of Safari for Windows makes a mockery of end user licensing agreements by only allowing the installation of Safari for Windows on Apple labeled hardware, thereby excluding most Windows PCs." Damn! Now, where did I put those Apple stickers?
      --

      Most of the stuff on /. won't survive first contact with facts.
    2. Re:It has begun... by gilesjuk · · Score: 0, Troll

      If you say so, but Apple doesn't make you download iTunes or Safari. You don't have to buy an iPod.

      This is a different situation to Windows and IE.

    3. Re:It has begun... by muffen · · Score: 3, Insightful

      If you say so, but Apple doesn't make you download iTunes or Safari. You don't have to buy an iPod. This is a different situation to Windows and IE.
      If you want to continue that logic, you don't have to buy a computer at all, or any electronics for that matter. In fact, you could be a naturalist and live without even clothes.

      Not that I dislike apple more now then I did before I RTFA, which is to say I have a fairly neutral view on them, but if you look at a lot of articles lately I do believe that in general, they are a little less liked now then they were when they initially released the iPod.

      Anyways, going back to the article, I think the EULA is just a mistake and believe they will correct it. It does however bring up a valid point about the usefulness and legalities around EULA's.
    4. Re:It has begun... by MMC+Monster · · Score: 2, Insightful

      The EULA issue is a red herring. The real problem is they pushed Safari to everyone who has iTunes. Most individuals who are not tech-savy will install Safari, given the option.

      If Safari becomes the default browser on these systems, you end up with critical vulnerabilities in a browser installed on non-tech-savvy individuals' computers.

      --
      Help! I'm a slashdot refugee.
    5. Re:It has begun... by Mattsson · · Score: 4, Insightful

      Also, if you do choose to buy an ipod, you don't have to use itunes.
      You don't even have to use apple-firmware in your ipod. There's an upgrade-firmware that makes itunes totally obsolete.
      It's not available for all ipod-models yet though...

      All in all, though, an installer that offers the option of installing irrelevant software (like installers that offer "google toolbar" or "Safari" or "superduper spywareinstaller") should have that option unselected as default.

      --
      /.Mattsson - My native language is not English, so please don't whine over linguistic errors. (That's lame anyway...)
    6. Re:It has begun... by Zaatxe · · Score: 0, Redundant

      You don't have to buy a computer either...

      (Now I get modded "-1 troll" or "-1 flamebait", even using the same logic as the parent post)

      --
      So say we all
    7. Re:It has begun... by elrous0 · · Score: 4, Insightful
      Considering Apple's notorious heavy-handedness in their software updates and the aggressive way their software "takes over" your computer when installed, I wouldn't install a piece of Apple software on my computer if you put a gun to my head (I'd as soon install Realmedia player). I used to put Quicktime on my system, but I got so tired of putting up with that sneaky turd (would NOT let you completely uninstall it, insisted on always running in the background no matter what you did to stop it, would try to sneak its way back into your registry even if you deleted its entries, aggressively took over neutral file types, would constantly try to trick you into installing iTunes too, etc.) that I finally refused to even install that much (I use "Quicktime alternative").

      Anyone who installs Apple software had better be prepared to join the cult, otherwise stay the hell clear of it.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    8. Re:It has begun... by AvitarX · · Score: 5, Interesting

      The EULA is not a red herring.

      People are having software that they have no license to use being automatically installed on their systems. I would think a term like that is not valid (non-obvious terms may not be valid in the US), but if it does hold, they will have millions of people in the US infringing on their IP. If they decide they are desperate and start suing (not likely any time soon) there are a lot of potential targets.

      This is like the RIAA giving away MP3s on their website, saying "you agree to listen to this on only RIAA approved devices". When you suddenly have millions of people acting innocently illegally using your product it is not good for them.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    9. Re:It has begun... by Anonymous Coward · · Score: 1, Insightful

      It is just a oversight. They forgot to change the EULA, that is all. They are not going to be branding anyone a criminal or taking out cases against people for using Safari on Windows. Don't be such a cock. What is worse is that idiots like yourself are deflecting attention from the real problem of the security issues. Your analogy suck donkey balls but what is Slashdot without stupid analogies.

    10. Re:It has begun... by mini+me · · Score: 2, Funny

      It is just a oversight. They forgot to change the EULA

      So, I think we can safely assume that they just forgot to change the same clause in the EULA for OS X also.
    11. Re:It has begun... by Lussarn · · Score: 1, Insightful

      The security issues isn't the real problem here, all software has them from time to time. I'm sure there will be an update soon. But the real problem is Apple pushing unrelated software to people who bought an iPod. They need to stop doing that now.

      Windows is a free for all platform, companies decide by themselves how pushy they can be. And Apple has crossed the line by a wide margin.

      MS should have better guidelines, and an integrated updater for third party software. Only then will moves like this be resolved.

    12. Re:It has begun... by AKAImBatman · · Score: 1

      You laugh, but a coworker of mine took one of those Apple stickers and stuck it over the logo on the back of his company-provided Dell. There was always a moment of confusion when you saw his Dell, because it looked like a PC, but the Apple logo appeared to be built-in.

      He eventually moved on, but the person who inherited the laptop still has that sticker on there! :P

    13. Re:It has begun... by grahamd0 · · Score: 5, Funny

      If Safari becomes the default browser on these systems, you end up with critical vulnerabilities in a browser installed on non-tech-savvy individuals' computers.

      Good god, man! We've got to get them back on Internet Explorer!

    14. Re:It has begun... by bpsbr_ernie · · Score: 3, Funny

      I was thinking the same thing. Perhaps, they will push OSX out in the next iTunes update.

    15. Re:It has begun... by erroneus · · Score: 1

      ...just don't let Apple's lawyers hear you say that or they'll put the hit on ya.

    16. Re:It has begun... by Anonymous Coward · · Score: 0

      If you say so, but Apple doesn't make you download iTunes or Safari. You don't have to buy an iPod.

      This is a different situation to Windows and IE. Okay, please tell me what options are out there for a mp3 player? I need at least 60gb (my tastes very by the hour. Before the iPod I carried a 50cd folder with me) and support both mp3 and aac (not DRM-infected). An 80gb iPod is $250. The closest non-Apple device I can find over 30gb is around $400. So, what are my options?

      My current iPod is just about dead and I need to replace it, but I can't find anything other than an iPod that meets my needs. I don't want to buy another iPod, but I can't find anything else.
    17. Re:It has begun... by RetiredMidn · · Score: 3, Insightful

      If Safari becomes the default browser on these systems, you end up with critical vulnerabilities in a browser installed on non-tech-savvy individuals' computers.

      So first we have to have a user who is unaware of what Safari is or careless enough to not uncheck the box in Apple Software Update. It seems highly unlikely to me that many of the users who download Safari without thinking about it are going to go looking for it in the Programs menu and launch it. And it's not vulnerable if it's not running.

      It was silly and wrong for Apple to leave the box checked by default, but this is not a big problem, and it's not going to become one.

    18. Re:It has begun... by cp.tar · · Score: 1

      "The latest version of Safari for Windows makes a mockery of end user licensing agreements by only allowing the installation of Safari for Windows on Apple labeled hardware, thereby excluding most Windows PCs." Damn! Now, where did I put those Apple stickers?

      Damn. I've always wondered what those stickers were for.
      You have enlightened me. Thank you.

      --
      Ignore this signature. By order.
    19. Re:It has begun... by MrNaz · · Score: 4, Insightful

      The security issues isn't the real problem here, all software has them from time to time.

      Oh blow me. Can you imagine the shitstorm of a comment thread that would result from this exact same thing being the result of MS's doing? The massive gaping security hole *is* a big deal, it is not made less so just because Apple did it and not MS.

      And what the hell are you talking about with MS giving guidelines? You mean like, MS should give you guidelines on what you should and should not do with your PC? Dude, seriously, where the hell did you come up with your ideas?

      --
      I hate printers.
    20. Re:It has begun... by RareButSeriousSideEf · · Score: 2

      There is no "just an oversight" when it comes to legal documents, as a good lawyer once drummed into my skull. The stupid, obvious thing you don't correct before you sign a legal document is the stupid, obvious thing you're legally liable for afterward. IANAL, but I'd bet that the fact that Apple installed it on one's system might be a defense for the violation, but in and of itself wouldn't really seem to nullify the EULA. Who is to say which the oversight is... one of not changing the EULA to include PCs, or not changing the updater program to exclude them?

      Since this is an EULA, it is perhaps not a proper signed contract per se, and its enforceability is more dubious.

      Also, in fairness, TFA is about both the EULA and the security vulnerability, so OP is on-topic.

    21. Re:It has begun... by Anonymous Coward · · Score: 0

      If Safari becomes the default browser on these systems, you end up with critical vulnerabilities in a browser installed on non-tech-savvy individuals' computers. As opposed to, say, IE?
      Can you name a browser than doesn't have, and never will have, any critical vulnerability, that non-tech-savvy individuals can use?
    22. Re:It has begun... by Anonymous Coward · · Score: 0

      Nah, I hated Apple back in the '80s when their machines we had at university were the ones full of viruses, very slow due to the bloat ware (GUI compared to CLI) etc. And the dull brown/cream box style of the time didn't rock my world. I liked them before that, and I liked them after, and then I didn't like them for a bit round about Mac OS 8 and 9 - and OS X was a pig when first released, then I liked them for a bit... ...You get the idea. It's not a linear process and depends on the quality of the products and the behavior of the company at any particular time.

    23. Re:It has begun... by swb · · Score: 3, Funny

      When the very first Blue & White PowerMacs came out, the print studio at the ad agency I worked for was totally pumped for their machines -- they had been sucking it up using beige G3s and even older PPC Macs.

      Since my job was prepping the machines for install in the studio, I decided to pimp the studio people by putting an "Intel Inside" logo over the Apple logo; of course the machine was for the Mac zealot in the group who was super pissed that the logo was there and that he couldn't figure out how to remove it.

      I caught hell for doing it, primarily because it took major surgery and a ton of time to put the stupid thing in there and I didn't get some other tasks accomplished.

    24. Re:It has begun... by megaditto · · Score: 1

      What about "illegal" don't you understand?

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    25. Re:It has begun... by Aetuneo · · Score: 1

      I had two, and I put them on a large stone block and my printer. Anyone know how to install safari on a printer?

      --
      Everything is subjective.
    26. Re:It has begun... by Divebus · · Score: 1

      The "Apple labeled hardware" line is what [apparently] makes it legal to load OS X into a Dell. Too bad Leopard doesn't come with an Apple sticker.

      --

      Most of the stuff on /. won't survive first contact with facts.
    27. Re:It has begun... by lubricated · · Score: 1

      It doesn't work on any current ipod, and even some older ones.

      --
      It has been statistically shown that helmets increase the risk of head injury.
    28. Re:It has begun... by Lussarn · · Score: 1, Troll

      Can you imagine the shitstorm of a comment thread that would result from this exact same thing being the result of MS's doing?

      So what. Why would I care about a shitstrom of comments on slashdot.

      My point was that there would be no security hole on these computers if Apple didn't go to great lengths to install Safari on them in the first place. And thats the big issue here. I consider all software insecure, if you don't need it you shouldn't have it on your computer.

      You mean like, MS should give you guidelines on what you should and should not do with your PC?

      No, I was talking about developer guidelines. I thought that was pretty clear, but apparently not.

    29. Re:It has begun... by russotto · · Score: 1

      People are having software that they have no license to use being automatically installed on their systems. I would think a term like that is not valid (non-obvious terms may not be valid in the US), but if it does hold, they will have millions of people in the US infringing on their IP. If they decide they are desperate and start suing (not likely any time soon) there are a lot of potential targets.


      I'm not a lawyer so I don't know the legal term for it (maybe some form of estoppel), but I'm pretty sure that even in the sue-happy US, private entities can't entice someone else to take an action which violates your agreement with them, then turn around and sue them for it.
    30. Re:It has begun... by mdwh2 · · Score: 1

      Copyright is decided by the law - a company doesn't get to dictate the law simply by writing a so-called "EULA".

      (And it's not clear to me if this new "EULA" is presented to the user when automatically installed by Itunes?)

    31. Re:It has begun... by mweather · · Score: 1

      So basically nothing changes?

    32. Re:It has begun... by erc · · Score: 4, Funny

      I used to work for Sun back in the early 90's, when Linux was first getting off the ground. We had finally gotten X to run under Linux, and so I figured I'd see what it would do on a 386SX/25 laptop with 16MB of RAM. It was pretty slow, but as long as I wasn't doing anything it was fine. When the screensaver kicked in, I saw the traditional Sun logo, and that gave me an idea for a prank.

      I went down to engineering and got one of the old metal Sun logos, the ones that used to be on the front of Sun-2 boxes, and put it over the logo of the laptop, fired it up in my office, and waited for the first victim to wander by. A while later, one of the senior software developers walked into my office to ask me something, and spied the laptop with the Sun logo and the screensaver running with the Sun logo on it. "How'd you get a Sparc laptop? I didn't think they were in production yet!" I have lots of friends ... [chuckle]...

      It didn't take long for the prank to be found out, but it sure was fun for a while... :)

      Reminds me of the time that I got Wine running under A/UX (Apple's version of UNIX, SVR4 flavor) - I was working for Apple at the time, and it was fun to see people's faces when they'd come by and see the Windows logo on the screen on what was obviously a Mac, but that's a story for another time. Sure was a fair bit of work, but it worth the prank value... :)

      --
      -- Ed Carp, N7EKG erc@pobox.com PGP KeyID: 0x0BD32C9B What I'm up to: http://intuitives.mine.nu
    33. Re:It has begun... by Vexorian · · Score: 1

      Yes, it is different to windows and IE...

      ... On second thought: No, it isn't.

      Back in the time when MS was hit hard because of forcing IE on windows users, you could have bought a PC without windows or a Mac, that possibility existed... The thing was that they had a monopoly on the OS business, which is not really different to Apple's monopoly on the portable music player business... Is it?

      --

      Copyright infringement is "piracy" in the same way DRM is "consumer rape"
    34. Re:It has begun... by AvitarX · · Score: 1

      The default state for copying someone else's' work is illegal. The EULA is what makes it legal (theoretically, and copies to RAM are excluded as needing it). The statement that it is impossible to install in compliance is false (from the article), since boot camp allows the installation of Windows on Apple hardware.

      The copy from compressed file to HD is not by default legal, so an asshole lawyer could at least cost someone a lot of money (I do tend to agree that it is a ridiculous clause, and since it is being pushed by Apple itself probably would not hold up, but tell that to someone who posts a bad review and Apple decides to silence for example).

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    35. Re:It has begun... by TheoCryst · · Score: 2, Informative

      If Safari becomes the default browser on these systems, you end up with critical vulnerabilities in a browser installed on non-tech-savvy individuals' computers. Fortunately, simply installing Safari doesn't make it the default browser. I'm not saying that I support what Apple did, but I think that people are having a bit of a knee-jerk overreaction here.
      --
      Warning: Contents May Be Flammable. Keep Out Of Reach Of Children.
    36. Re:It has begun... by Zonk+(troll) · · Score: 5, Informative

      Considering Apple's notorious heavy-handedness in their software updates and the aggressive way their software "takes over" your computer when installed, I wouldn't install a piece of Apple software on my computer if you put a gun to my head (I'd as soon install Realmedia player). I used to put Quicktime on my system, but I got so tired of putting up with that sneaky turd (would NOT let you completely uninstall it, insisted on always running in the background no matter what you did to stop it, would try to sneak its way back into your registry even if you deleted its entries, aggressively took over neutral file types, would constantly try to trick you into installing iTunes too, etc.) that I finally refused to even install that much (I use "Quicktime alternative").


      Anyone who installs Apple software had better be prepared to join the cult, otherwise stay the hell clear of it.

      I agree with that, but if you need Qucktime support in, say, an organziation there is a way around that without using Quicktime Alternative.

      Download the installer. Run cabextract on it. You'll get the following files:

      AppleSoftwareUpdate.msi
      QuickTime.msi
      QuickTimeInstallerAdmin.exe


      Only install Qucktime.msi. Delete the others. Just do msiexec /qn /i Qucktime.msi.

      Then run this registry file:


      Windows Registry Editor Version 5.00

      [HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Windows\CurrentVersion\Run]
      "QuickTime Task"=-


      Make sure to delete the shortcuts so users can't bring it up. Doing it this way will let the browser plugins work, and also enable software that uses quicktime to work (lots of educational software uses it) without being hostile to your system. It will only take the quicktime file extensions this way.
      --
      "The Federal Reserve is a fraudulent system."--Lew Rockwell
      End The FED. -
    37. Re:It has begun... by Atti+K. · · Score: 1

      You don't even have to use apple-firmware in your ipod. There's an upgrade-firmware that makes itunes totally obsolete.
      You don't even need warranty on your iPod.
      --
      .sig: No such file or directory
    38. Re:It has begun... by thaurfea · · Score: 1

      i put one of the stickers that came with my iPod on my black IBM ThinkPad. some people thought it was a black MacBook, then they noticed the IBM logo and got very confused. and of course, it was running Linux.

    39. Re:It has begun... by The+MAZZTer · · Score: 0

      You DO know going into Quicktime options and unchecking the tray icon option stops Quicktime from readding the tray program to startup everytime you use Quicktime, right?

    40. Re:It has begun... by tsa · · Score: 1

      I got two Apple stickers with my copy of Leopard. Time to check out that box again!

      --

      -- Cheers!

    41. Re:It has begun... by Anonymous Coward · · Score: 1, Informative

      Absolutely incorrect. It will hide the icon, sure, but it still runs all its same shit. Just look at startup entries in the registry and processes running after you boot.

    42. Re:It has begun... by Garse+Janacek · · Score: 2, Informative

      The EULA is not a red herring. ... If they decide they are desperate and start suing (not likely any time soon) there are a lot of potential targets.

      Oh, come on. That's not just farfetched, it's ridiculous. First of all, the scenario you describe is impossible just because of the issue that they pushed this update out themselves. Even if they did become this "desperate" (because of people illegitimately using their free web browser? Well, whatever), no judge in the world would listen to a suit like that. But, more importantly, the point you really seem to be missing is that this is just a stupid goof on Apple's part. This wasn't an issue of "We only want Safari to run on Apple computers. Oops! We accidentally pushed it out to Windows users who should never have it -- we'd better sue to keep them from using it." It was "We want everyone to run / have access to Safari. Oops! We sent out the wrong EULA that doesn't apply to this group of people."

      As GP says, insofar as there is an issue here, it is one of security. The EULA issue serves to slightly reinforce how ridiculous click-through licensing is, but it is not an ominous sign of Apple's legal scheming.

      --

      I am the man with no sig!

    43. Re:It has begun... by boris111 · · Score: 1

      I guess they figured it was OK since Google started doing it with their little suite with the Google Updater. All I want is the Google toolbar, but I get everything now. Hasn't anyone learned from Realplayer how this puts a bad taste in end-user's mouth when companies do stuff like this?

    44. Re:It has begun... by SanityInAnarchy · · Score: 1

      If I understand it, it's worse than the RIAA giving away MP3s, as that implies that the user deliberately downloaded something, whereas this is part of an automatic update.

      --
      Don't thank God, thank a doctor!
    45. Re:It has begun... by MMC+Monster · · Score: 4, Informative

      To call rockbox an upgrade firmware is streching the truth a bit. Limited support for video, limited support for album art, and cluttered UI are real issues for individuals that want their players to "just work".

      Mind you, I last installed it about 4 months ago. I'll try again if people say it's much better now.

      --
      Help! I'm a slashdot refugee.
    46. Re:It has begun... by WaltFrench · · Score: 1

      I wouldn't install a piece of Apple software on my computer if you put a gun to my head...

      Glad to see at least oneSlashdotter has his priorities straight. Helps have useful discussions about how we can guide MS, Apple, Real, Adobe et al to help create a more useful, friendly computing community.

      --
      "Inquiring Minds Want to Know!"
    47. Re:It has begun... by eck011219 · · Score: 5, Insightful

      Look at it another way. You have a Mac, and you run Office. Somewhere during the routine update process, some new, not-ready-for-primetime version of IE gets installed and is set as your default browser.

      The issue is in part that Safari is not related to iTunes or Quicktime. There's no reason to believe that by installing music software, the manufacturer will also push a browser to you.

      All this will do is piss people off and make them turn off automatic update options, which will eventually result in some flaw in iTunes or Quicktime being less widely patched. It was not a capital crime, but it was dumb and irresponsible of Apple.

      And the EULA thing is just funny. What with the ample fleet of lawyers they have in Cupertino, I'm surprised ANYTHING gets out without a full legal vetting. Software gets out with bugs, but EULAs don't typically get out without great scrutiny.

      --
      It is pitch black. You are likely to be eaten by a grue.
    48. Re:It has begun... by Anonymous Coward · · Score: 0

      You shouldn't be so hard on QuickTime Player; they are just trying to provide you with the genuine Apple experience. Rest assured, it also does this on the Mac as well. It may not be due to updates though, as the file associations seem to reset themselves randomly.

      (To be fair, it is probably the Finder at fault. While it has been vastly improved in Leopard, it is still not a native Cocoa application, and remains an enormous bug infested festering turd.)

    49. Re:It has begun... by mrbluze · · Score: 5, Funny

      Anyways, going back to the article, I think the EULA is just a mistake and believe they will correct it. It does however bring up a valid point about the usefulness and legalities around EULA's.

      Any EULA is basically saying:

      • This software is mine, so piss off!
      • If you use it, it's your stupid fault, so piss off!
      • You can't sue me but I can sue you, so piss off!
      • Oh, and by the way, piss off!
      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    50. Re:It has begun... by Divebus · · Score: 2, Funny

      I got two Apple stickers with my copy of Leopard. Time to check out that box again! No wonder I didn't see them! They were in with the documentation!
      --

      Most of the stuff on /. won't survive first contact with facts.
    51. Re:It has begun... by StarReaver · · Score: 0

      All in all, though, an installer that offers the option of installing irrelevant software (like installers that offer "google toolbar" or "Safari" or "superduper spywareinstaller") should have that option unselected as default. What reason do creators have for doing this, though? "I have an idea: A way tech unsavvy people WON'T contribute to our profits!" When it IS selected by default, many computer-impaired folk will install "Superduper spywareprogram"...exactly what the makers want them to do.
    52. Re:It has begun... by flosofl · · Score: 4, Funny

      I had two, and I put them on a large stone block and my printer. Anyone know how to install safari on a printer?
      No, but I did manage to get it installed on a medium stone block. I'm sure the steps I used can be scaled up to your large one. Page renders are very crisp, but refresh takes forever.
      --
      "This calls for a very special blend of psychology and extreme violence" - Vyvyan "The Young Ones"
    53. Re:It has begun... by Anonymous Coward · · Score: 0

      I recommend running CCleaner every so often. Helps clean out registries and startup entries, as well as uninstalling regular files (nothing new or exciting, but can delete dead entries from the "Add or Remove Programs" folder.) Handy for when the spouse complains that her computer is running slow.

    54. Re:It has begun... by e4g4 · · Score: 1

      My point was that there would be two fewer security holes on these computers if Apple didn't go to great lengths to install Safari on them in the first place. There, fixed that for ya.
      --
      The secret to creativity is knowing how to hide your sources. - Albert Einstein
    55. Re:It has begun... by vux984 · · Score: 1

      The EULA is not a red herring.

      This whole situation is a red herring.

      People are having software that they have no license to use being automatically installed on their systems. I would think a term like that is not valid (non-obvious terms may not be valid in the US), but if it does hold, they will have millions of people in the US infringing on their IP. If they decide they are desperate and start suing (not likely any time soon) there are a lot of potential targets.

      What court is going to hold me responsible for an alleged infringement *you* imposed on me 'automatically' at *your* discretion.

      This is like the RIAA giving away MP3s on their website, saying "you agree to listen to this on only RIAA approved devices". When you suddenly have millions of people acting innocently illegally using your product it is not good for them.

      No. That would be an honest case compared to this. *This case* would be like the RIAA automatically installing MP3s on any Windows OS computer when you insert a CD under a license that says you can't have them on your PC unless you have Vista Ultimate x64.

      You can't break into someone's house and leave your stuff in their living room and then charge them with theft. All the defendant has to do is show that you left the stuff in their home without their approval (which will be easy as this whole fiasco is being well documented) and the whole 'case' goes down the drain.

      -----

      Really this whole thing just reveals that the real problem is that apple isn't thinking about windows even when its doing cross platform products. The 'apple only' language in the EULA comes from only thinking about Apple users not out of some anti-windows malevolence.

      IN FACT, I believe the whole 'automatic update' of safari on windows computers where it wasn't installed is itself part of the same problem -- only thinking about apple users, which by default all do have safari installed. So this whole fiasco of installing new software safari as an "update" was an arrogant but ultimately unthinking lazy oversight; in their mind no different than MS pushing Internet Explorer updates to users - for to Apple thinking about Apple -- who has Safari? Who needs its updates? Answer: Everyone.

      Its pretty clear a big chunk of Apple hasn't caught on yet to the Windows side of the business. This whole situation reeks of poor management, not malice.

      That's not to say Apple should be simply forgiven but rather that they should be burned in effigy for the right reasons.

    56. Re:It has begun... by utopianfiat · · Score: 1

      Touché, pussycat.

      --
      +5, Truth
    57. Re:It has begun... by NotInTheBox · · Score: 1

      There is a "No problem Bugroff" license: http://www.geocities.com/SoHo/Cafe/5947/bugroff.html

      --
      What I cannot create, I do not understand
    58. Re:It has begun... by Toonol · · Score: 1

      No; without the EULA, you would be able to use a purchased software product however you saw fit. It's the purchase of the software, not the attached EULA, that gives you rights. EULAs generally only attempt to limit the rights you possess as owner of that copy of the program.

      Of course, you are still restricted from freely distributing copies of the work, but that is copyright law, and doesn't impact how you may use the copy that you own.

    59. Re:It has begun... by recoiledsnake · · Score: 5, Insightful

      Good god, man! We've got to get them back on Internet Explorer! Though you meant it as a joke, for users on Vista, that could actually be a good thing. IE on Vista runs in a sandbox, so any code owning IE can only mess with the cache folder or something, and can do nothing to your system as well nor any thing to your user files like documents. Whereas, almost every other browser out there runs with the user permissions(not root or admin) by default(on all OSes, AFAIK), so that a compromise can result in viruses/keyloggers etc. that can run on startup, delete your user files/documents and/or email them to Nigeria whereas that's not simply possible with IE on Vista.
      --
      This space for rent.
    60. Re:It has begun... by recoiledsnake · · Score: 1

      There's no reason to believe that by installing music software, the manufacturer will also push a browser to you. It's actually even worse. Users are slowly getting accustomed to new software installs being bundled with other nonrequested stuff like Google Toolbar, but iTunes doesn't try to install Safari on the first install, but sneaks it in as a 'update' to iTunes. This is more underhanded because users are not at all used to installing totally unrelated software as part of a update to the software they have installed.
      --
      This space for rent.
    61. Re:It has begun... by Anonymous Coward · · Score: 0

      My favorite thing to do with those 'Intel Inside' stickers was to put them on toilet lids.

    62. Re:It has begun... by rwven · · Score: 3, Informative

      Apple has already responded and said the EULA statement was an oversight. It's fixed in the next release and it's not binding anyway.

    63. Re:It has begun... by watzinaneihm · · Score: 4, Informative

      Thats a great suggestion .. a minor nitpick ..
      "msiexec /qn /i Qucktime.msi " will run the msi with no UI at all.. replacing "/qn" with "/qb!" will do the same install with a limited UI. Atleast that way there is some indication that an install is in progress.

      --
      .ACMD setaloiv siht gnidaeR
    64. Re:It has begun... by Anonymous Coward · · Score: 0

      You wanted to PUNK them, not PIMP them, unless you worked at a brothel.

    65. Re:It has begun... by xA40D · · Score: 1

      If Safari becomes the default browser on these systems, you end up with critical vulnerabilities in a browser installed on non-tech-savvy individuals' computers.

      Making it a perfect swap out replacement for IE then.

      Seriously though, Apple's behaviour here is industry standard for the Windows world. So the story behind the story is actually Bitching and Whinging Confirms: Morons Without Clue Continue To Use Critically Vulnerable OS Family.

      --
      Do you mind, your karma has just run over my dogma.
    66. Re:It has begun... by Mortlath · · Score: 1

      Zune?

    67. Re:It has begun... by Anonymous Coward · · Score: 0

      "..forgot to change the EULA"

      Then what is the point of the EULA? Is it any less binding? Can I ignore any EULAs assuming that what I don't like is "just a mistake" that was forgotten?

      Forgot or not, I wouldn't want to get served a notice either way. Check your EULAs before ship time.

    68. Re:It has begun... by LocalH · · Score: 1

      Illegal? Quit smoking crack you fucking idiot.

      --
      FC Closer
    69. Re:It has begun... by recoiledsnake · · Score: 1

      It's fixed in the next release and it's not binding anyway . Really? So is the 'only Apple machines' clause in the OS X licence 'not binding anyway' too? Can legally install a bought copyt of OS X on my PC? Can I setup a shop that installs OS X on customer's PCs for a fee and Apple won't have any legal standing to sue me?
      --
      This space for rent.
    70. Re:It has begun... by recoiledsnake · · Score: 1

      And what the hell are you talking about with MS giving guidelines? You mean like, MS should give you guidelines on what you should and should not do with your PC? Dude, seriously, where the hell did you come up with your ideas? Give him a break, he's just trying to spin the whole fiasco as Microsoft's fault.
      --
      This space for rent.
    71. Re:It has begun... by recoiledsnake · · Score: 1

      It seems highly unlikely to me that many of the users who download Safari without thinking about it are going to go looking for it in the Programs menu and launch it. Safari installs a icon the desktop.

      And it's not vulnerable if it's not running.

      Can I come over to your home and install a whole bunch of unwanted and vulnerable software on your machines?

      --
      This space for rent.
    72. Re:It has begun... by E+IS+mC(Square) · · Score: 1

      >> but this is not a big problem, and it's not going to become one HEY LOOK! MY RDF is STRONGER than YOUR!!

    73. Re:It has begun... by recoiledsnake · · Score: 1

      Can you name a browser than doesn't have, and never will have, any critical vulnerability, that non-tech-savvy individuals can use? Yes, though may not like the answer. IE on Vista runs in a sandbox, so the damange from most vulnerabilities are confined from affecting even the user files.
      --
      This space for rent.
    74. Re:It has begun... by grahamd0 · · Score: 1

      Well, I'm a Firefox man myself. I don't have a lot of love for Safari or IE7. They're both buggy and they both break Windows UI conventions, and the majority of IE users are using IE 6 or 7 on XP, and they're exchanging a buggy, insecure browser with a crappy HTML rendering engine for a buggy, insecure browser that has a good rendering engine.

    75. Re:It has begun... by RetiredMidn · · Score: 1

      Safari installs a icon the desktop.

      Which I agree is wrong, but will probably go unclicked with all the rest of the crapware on the typical Windows installation.

      Can I come over to your home and install a whole bunch of unwanted and vulnerable software...?

      We agree on the "unwanted" part. Do you really think an unused browser makes a Windows machine noticeably more vulnerable than it already is?

    76. Re:It has begun... by WNight · · Score: 1

      Correct.

      There's a specific clause in US copyright that allows for copies of software to be made as long as they are required for the normal use of the program. If your software by default runs off of CD copying to the HD wouldn't be allowed (unless the OS did it, or it was normal for caching, etc) but copies to RAM are essential, so they'd be okay.

      If you sell a program that needs to be copied to the HD you're obviously giving someone permission to do that, or your software wouldn't be fit for the purpose it was sold...

    77. Re:It has begun... by makomk · · Score: 1

      Of course, it's not supported on current iPods and probably never will be, since Apple decided to use some very nasty firmware encryption on them in order to prevent people loading unauthorised firmware.

    78. Re:It has begun... by Anonymous Coward · · Score: 0

      "Join the cult"? The only place I hear this crap is from Windows users on slashdot. I'm beginning to think the only real "cult" is "non-Mac users who like to call Mac users a cult".

      It seems especially weird for Windows users to complain about things like "would NOT let you completely uninstall it, insisted on always running in the background no matter what you did to stop it, would try to sneak its way back into your registry even if you deleted its entries, aggressively took over neutral file types, would constantly try to trick you into installing [other program] too, etc.". Isn't this behavior almost exactly the list of anti-trust charges brought against Windows 10 years ago?

      (Disclaimer: I think the charges were stupid, and I don't care if you use Windows or Macs. I'm simply pointing out the hypocrisy of complaining about and boycotting Apple for doing what you let Microsoft do to your computer.)

    79. Re:It has begun... by elrous0 · · Score: 1

      You do realize that was a figure of speech, not a promise, right?

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    80. Re:It has begun... by MostAwesomeDude · · Score: 1

      But for those of us with gigs upon gigs of Vorbis, Rockbox is very, very, very useful.

      --
      ~ C.
    81. Re:It has begun... by elrous0 · · Score: 1

      Isn't this behavior almost exactly the list of anti-trust charges brought against Windows 10 years ago?

      Yeah, and they got called on it--and so should Apple.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    82. Re:It has begun... by swb · · Score: 1

      It was more of a literal prank than anything else, but at that same agency I worked for above, we would occasionally make Mac or PC desktop screenshots the desktop background on the opposite computer platform.

      I'm pretty sure that when it was done when workstations were updated for some of the less savvy executives (which I guess translates as "any executive"), I'm pretty sure the helpdesk took calls about icons that the users couldn't click on. And knowing the helpdesk, they got the users pissed by insisting they weren't clicking right and didn't figure it out themselves until they went and saw the desktop firsthand.

    83. Re:It has begun... by Smurf · · Score: 1

      Reminds me of the time that I got Wine running under A/UX (Apple's version of UNIX, SVR4 flavor) Huh?

      A/UX ran on m68k Macs. Wine needs an x86-based Unix-like OS, since it doesn't emulate the processor (at least it didn't back then). How did you get Wine to run under A/UX?
    84. Re:It has begun... by rwven · · Score: 1

      time for you to RTFA

    85. Re:It has begun... by Anonymous Coward · · Score: 0

      On Linux you need root privileges to run a keylogger, so a compromised browser that was running as a user could not result in a keylogger being installed. I don't know, but presumably you need the same privileges to do this on other OSes aswell.

    86. Re:It has begun... by syousef · · Score: 1

      Yeah if by someday they mean since about 1988 for Apple and since they killed of Altavista for Google (when was that around '98?) for Google. I can't stand the fanaticism around those 2 companies. It's irrational. They've done plenty of bad shit.

      --
      These posts express my own personal views, not those of my employer
    87. Re:It has begun... by ArsenneLupin · · Score: 1

      So is the 'only Apple machines' clause in the OS X licence 'not binding anyway' too? I play a lawyer on the Internets, and I can confirm: no, it isn't. Apple said itself that the term is not binding, and deciding otherwise later on would be promisory estoppel.

      Can I setup a shop that installs OS X on customer's PCs for a fee and Apple won't have any legal standing to sue me? Do not confuse "having legal standing" with "going to win". "Legal standing" is about whether the plaintiff is indeed the harmed party, is indeed the right party to bring the suit. If you whitness that your neighbor Pete is defrauding your other neighbor Tom, you can't sue Pete, because you are not the harmed party. You have no legal standing. Only Tom, the harmed party, can bring suit. Exception to this is criminal matters where the state sues on behalf of the harmed party.
    88. Re:It has begun... by Kjella · · Score: 2, Funny

      I used to work for Sun back in the early 90's, Reading the rest of your post, I'd say you were employed by Sun back in the early 90's.
      --
      Live today, because you never know what tomorrow brings
    89. Re:It has begun... by recoiledsnake · · Score: 1

      Apple said itself that the term is not binding Any reference to back that up?

      Do not confuse "having legal standing" with "going to win". "Legal standing" is about whether the plaintiff is indeed the harmed party, is indeed the right party to bring the suit. If you whitness that your neighbor Pete is defrauding your other neighbor Tom, you can't sue Pete, because you are not the harmed party. You have no legal standing. Only Tom, the harmed party, can bring suit. Exception to this is criminal matters where the state sues on behalf of the harmed party. You knew what I meant, so can you answer it? Is Apple "going to win" or not?
      --
      This space for rent.
    90. Re:It has begun... by doxology · · Score: 1

      Find anything that Rockbox supports... it'll support those formats... and let you play Doom!

      --
      sigfault. core dumped.
    91. Re:It has begun... by tetsuo29 · · Score: 1

      I'm a big Apple/Mac fanboy and I think that this was a schleppy move on Apple's part. It'd be worse if they had it set itself as the default browser, and conversely, it'd be less egregious if there was some new functionality in either iTunes or QuickTime that now required Safari. However, no matter how much they may want to promote their browser, they shouldn't be pushing it on people. It'd be one thing if there was a yes/no question in the installer/upgrade wizard, but to just slip it in is entirely wrong.

      That being said, and this doesn't excuse their behavior, but Apple isn't the only company to do something like this. Adobe delivers Opera with some of their products. I'm not sure exactly which, but I think it happened to me once when I installed either Photoshop Elements or Dreamweaver. Of course, there is an some obvious relevance with Dreamweaver, and it certainly didn't make Opera the default browser. But, it did cause some head aches later when I upgraded to a newer version of Opera and Photoshop Elements began crashing while attempting to launch. It took several hours of troubleshooting (that included creating a brand new user account and logging into it) to finally determine that the updated prefs files from the newer Opera where causing Photoshop Elements to crash. I couldn't believe that Adobe had coded their program so poorly as to choke and die upon reading the modified prefs of another app from a different vendor. I was forced to choose between Photoshop Elements and the latest Opera.

      --
      english is my first language, but my only formal education in it was from U.S. public schools, so you may forgive me for
    92. Re:It has begun... by zonker · · Score: 0

      The funny thing is that apparently not even Apple's lawyers read EULA's...

    93. Re:It has begun... by Kalriath · · Score: 1

      So, all three of you then?

      No seriously. In this day and age, like it or not, the majority of music in the world "owned" by non-tech folks is in MP3, AAC, or WMA. Two of those formats are commonly DRMed too.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    94. Re:It has begun... by mrbobjoe · · Score: 1

      fwiw, Rockbox plays (unencrypted) AAC and WMA. Not to mention a whole lot of more obscure formats (Vorbis, FLAC, Wavpack, speex, adx, aiff, alac, ape/mac, gbs, mod, mpc, nsf, shorten, sid, spc, wav). And MP3, of course. And also can be used for video on, say, an iPod Photo with no dedicated video hardware or video support in the default firmware.

    95. Re:It has begun... by Anonymous Coward · · Score: 0

      1) The article mainly is about windows machines
      2) The update was an automatic update to itunes
      3) No check box was available to de-select safari

      So RFA.

    96. Re:It has begun... by Mattsson · · Score: 1

      From my point of view, which in truth seem to differ from that of the majority in may areas, it definitively is an upgrade.
      It adds two basic but very essential features that no mobile media-device should be without.

      1. It makes adding media a task of simply copying the files to the device.
      2. It makes playing media a task of simply selecting the file from a directory-tree.

      I dislike any UI that is built around ID3-tags or anything like it.

      One could of course call it a "feature change"-firmware or something like that instead...

      --
      /.Mattsson - My native language is not English, so please don't whine over linguistic errors. (That's lame anyway...)
  2. Acidity by n3tcat · · Score: 5, Funny

    So Acid 4 will include security tests too now, right?

    1. Re:Acidity by MooseMuffin · · Score: 5, Funny

      Yes. You pass if the website renders correctly. You fail if the website owns your machine.

    2. Re:Acidity by ceeam · · Score: 1

      OMG, OMG.. Yes, I wish!

  3. Some ideas are not so good by Miros · · Score: 4, Insightful

    Sometimes it's just really not a good idea to push a piece of software out to hundreds of millions of people on its first release just because they use/update your other products. This is the real way that it could come back and bite them, and it certainly seems to have.

    1. Re:Some ideas are not so good by Anonymous Coward · · Score: 0

      Unless you've got websites that make use of those exploits, to make "pwnership" seem like it came from somewhere other than Apple...

    2. Re:Some ideas are not so good by Anonymous Coward · · Score: 0

      I was dismayed to see iTunes is now a security patch for Quicktime too.

  4. In Soviet Russia... by Anonymous Coward · · Score: 0

    The software installation forbids the EULA!

  5. I wonder... by Fenice · · Score: 5, Funny

    ...if Apple can sue itself for proposing illegal installs of safari on windows?

    1. Re:I wonder... by OrochimaruVoldemort · · Score: 1

      this sounds a lot like Coke Zero

      --
      If people can get past, can they get future? Best way to confuse a stoner
    2. Re:I wonder... by UnanimousCoward · · Score: 0

      Suing itself? Is that like playing with yourself, a topic to which I'm sure all of us /.ers can relate :-)

      --
      Twelve-and-three-quarter inches. Unyielding. This wand belonged to Bellatrix Lestrange.
  6. It was bound to happen by downix · · Score: 4, Insightful

    EULA's have gotten to the point that they conflict with themselves. One can then assume that Safari is intended for the Windows install on Mac machines, *or* on machines to which someone has applied an Apple brand sticker.

    I am waiting for the EULA that requires all users to declare the programmer their god and send off their first born child to him in sacrifice.

    --
    Karma Whoring for Fun and Profit.
    1. Re:It was bound to happen by mwvdlee · · Score: 3, Funny

      Only if the firstborn is female, and you don't need to send any for the first 18 years.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    2. Re:It was bound to happen by peipas · · Score: 4, Interesting

      Case in point: the Mozy online backup EULA, which requires you to use the service only for good and for awesome, and warns against taunting the happy fun ball.

      See paragraphs 2 and 3 in the LIMITATION OF LIABILITY section.

    3. Re:It was bound to happen by water-and-sewer · · Score: 1

      Taunting happy fun ball? That's my kind of EULA. Unfortunately, it doesn't seem to be true. The EULA at the link you provided not only isn't very fun, it exhibits some of my biggest pet peeves with EULAs in general, like:

      1. Visit our website from time to time to be aware of the latest version of the agreement [like I have nothing better to do with my time than wonder if my EULAs are up to date? That was convenient for some lawyer but total horse-crap for all users].

      2. Consent for us to collect non-personal data [why? I'm purchasing your product because I need a backup; not because I want to be part of your database]

      3. Limitation of liability. ["Now that you've given it all up, we'd like to remind you we are responsible for nothing." Big business is great at this: it took me $50 worth of phone calls and 8 months to get a $180 rebate back from Verizon one time, but try paying your cellphone bill 8 months late some time and see how friendly they are with you. The customer is too easily abused].

      Bring in the happy fun ball. I hope whoever read that EULA is visiting the website to get the latest version, because the latest version seems to be a whole lot less pleasant than its predecessors. Bastages.

      --
      If this were Usenet, I'd killfile the lot of you.
    4. Re:It was bound to happen by mcwidget · · Score: 1

      I am waiting for the EULA that requires all users to declare the programmer their god and send off their first born child to him in sacrifice. Didn't you agree to that one already when you signed up here?
    5. Re:It was bound to happen by rthille · · Score: 2, Funny

      Either you're really young, or you haven't been around any 18 year old girls lately. God they are insipid...send me a nice "at the peak of my sexuality" 30 year old instead any day!

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    6. Re:It was bound to happen by m50d · · Score: 1

      Someone posted here that they'd written a product with an EULA including rights to the user's firstborn, and necessary action for the creation of such, and it had gone unnoticed.

      --
      I am trolling
    7. Re:It was bound to happen by Rary · · Score: 2, Funny

      This is Slashdot. Odds are he's never been around any female not called "Mom".

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    8. Re:It was bound to happen by toddestan · · Score: 1

      I have a sister too, you insensitive clod!

  7. But but but Microsoft! by 0xdeadbeef · · Score: 1, Troll

    Apple is the new Microsoft. Even the Apple zealots agree. Point out some flaw with Apple products, and they will invariably link to a similar example by Microsoft. I don't know why they are so quick to make the association, but I think it is similar to how Republicans like to ingratiate themselves to the public by showing how similar they are to Bill Clinton.

    1. Re:But but but Microsoft! by pandrijeczko · · Score: 1
      I do wish the Slashdot moderators would clamp down on the idiots who moderate a valid point as "Troll" purely because they don't agree with the content.

      Oh, I forgot... this is a discussion about Apple, you've criticised their beloved products and the Apple zealots get mod points also.

      --
      Gentoo Linux - another day, another USE flag.
  8. Nonsensical headline by Idaho · · Score: 3, Insightful

    Can someone please explain to me how software could possible "violate its own EULA" (even theoretically, not necessarily restricted to this case)?

    I agree that the EULA makes no sense, assuming that Apple wants as many Windows users as possible to use Safari. But that's an entirely different matter.

    In fact, the EULA can be adhered to without any problem: afterall, you can install Windows just fine on Mac hardware these days. So you can actually run Safari for Windows on "Apple labeled hardware".

    I seriously doubt the way it is stated in the EULA is really Apples intention though ;)

    --
    Every expression is true, for a given value of 'true'
    1. Re:Nonsensical headline by ajcham · · Score: 1

      I seriously doubt the way it is stated in the EULA is really Apples intention though ;)

      We all know that just about no-one reads EULAs anyway. That includes the developers, it seems.

    2. Re:Nonsensical headline by SpeedyDX · · Score: 3, Insightful

      Good points, though I think it can be explained in a much easier manner.

      As someone who regularly uses the functions "copy" and "paste", I can tell you that there are many times where I c/p a blob of text and forgot to change something crucial in it. This happens to many people. Apparently, the folks at Apple are not immune to human flaws.

      It's probably just an oversight. A HUGE oversight. But there's really no need to make a circus out of it. Then again, this is Slashdot, right?

    3. Re:Nonsensical headline by zehaeva · · Score: 1

      i agree with you, however if we are to take the EULA's seriously as a legal document shouldn't they have some lawyer going over it and making sure its correct? I can't see any lawyer who copyapastas too much and can keep a judge from laughing at him

    4. Re:Nonsensical headline by Lars+T. · · Score: 1

      As someone who regularly uses the functions "copy" and "paste", I can tell you that there are many times where I c/p a blob of text and forgot to change something crucial in it. This happens to many people. Apparently, the folks at Apple are not immune to human flaws. So that's why they left it out of the iPhone...

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    5. Re:Nonsensical headline by the_humeister · · Score: 1

      Or you can just put an Apple logo on your computer and it becomes Apple-labeled!

    6. Re:Nonsensical headline by WK2 · · Score: 1

      In theory, software could violate it's own EULA if, for example, it says, "This software can not do anything illegal" and as soon as the software is run, it spawns an internet worm.

      In this case, however, it is Apple who is violating its own EULA, and not Safari. Apple is installing millions of copies of Safari 3.1 on unsuspecting user's machines, against the Safari 3.1 EULA. Perhaps some of these illicit installs do not violate the EULA, but most of them do.

      It's not that the EULA can not be adhered to, it is that in most cases, Apple is not adhering to it.

      --
      Write your own Choose Your Own Adventure. http://www.freegameengines.org/gamebook-engine/
    7. Re:Nonsensical headline by whitehatlurker · · Score: 1
      EULA for this post:

      1) You may not read this end user license agreement. Doing so will constitute a violation of this post. Thank you for your support.

      --
      .. paranoid crackpot leftover from the days of Amiga.
  9. Should be fixed! by atcsharp · · Score: 0

    I can't believe that this issue slipped through to production. Safari is an excellent application but this does not speak well for the developers. People need to take the time to watch closely to what they are doing. I think that there should be more time spent on beta-testing and code reviews before a deployment. I once invented the roller blade but I showed a few friends the prototype. A few weeks later someone got the patent before I did. It is human nature to want to get something done as fast as possible. It cost Safari a major security issue. It cost me a lifetime of money and unlimited roller blades.

  10. Violating the EULA by sm62704 · · Score: 4, Interesting

    How can you violate an agreement that you never agreed to? Does Microsoft have a copy of a contract with my signature on it saying I'll accept its terms of use for XP? If I had Safari would Apple have a signed contract?

    When I go to best buy I don't "license" an OS or piece of software; I pick a box up off the shelf, pay money for it and am delivered a purchase reciept. I then own the goods that I just BOUGHT. I am under no statutory obligation to read anything or sign anything. I tear open the box and do what I want with it, short of violating copyright law.

    Your EULA is fiction, and until I see one stand up in court I'm going to ignore it.

    -mcgrew

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    1. Re:Violating the EULA by ari_j · · Score: 5, Insightful

      You are mistaking "signature" and "agreement." Signatures are not a prerequisite to a valid contract, they are merely very good evidence of agreement. You can get out of some contracts you signed and you can be held to some contracts you didn't. The lack of a signature is not the reason EULAs are of questionable enforceability.

    2. Re:Violating the EULA by Ngarrang · · Score: 1

      I then own the goods that I just BOUGHT. If Microsoft has their way, this won't be true for the next versions of Windows.
      --
      Bearded Dragon
    3. Re:Violating the EULA by Anonymous Coward · · Score: 0

      When does the Flat Earth Society hold its next meetings?

    4. Re:Violating the EULA by IBBoard · · Score: 3, Interesting

      It's not even that. Microsoft have their way in that regard now. What you own is the media with a binary copy of the application/operating system. What you license by agreement to the EULA is the rights to then install and use that software as a running process (or processes) on compatible hardware.

      Yes, it sucks, but that's what free software is for.

    5. Re:Violating the EULA by Kjella · · Score: 5, Informative

      Your EULA is fiction, and until I see one stand up in court I'm going to ignore it. I guess you better close your eyes and hum real loud then. I'm not saying it's universal, but to take a few examples from the wikipedia page in Brower v. Gateway "the Supreme Court of New York ruled that the terms of the shrink-wrapped license document were enforceable because the customer's assent was evident by his failure to return the merchandise within the 30 days specified by the document." And regarding click-wraps: "Click-wrap licenses have met with more support in the courts, though notable counterexamples exist. In ProCD v. Zeidenberg, the license was ruled enforceable because it was necessary for the customer to assent to the terms of the agreement by clicking on an 'I Agree' button in order to install the software."

      The whole section on enforcability starts with "The enforceability of an EULA depends on several factors, one of them being the court in which the case is heard. Some courts that have addressed the validity of the shrinkwrap license agreements have found some EULAs to be invalid, characterizing them as contracts of adhesion, unconscionable, and/or unacceptable pursuant to the U.C.C." If you read between the lines, it says "No court has rejected EULAs outright". If you're outside the US, it seems to be much the same. Yes, Germany declared the bundling with Windows to be unenforcable, but the EULA as such still remains. In short, you're talking about the way you want it to be not legal reality except possibly in Kansas where there was a ruling agreeing with you.
      --
      Live today, because you never know what tomorrow brings
    6. Re:Violating the EULA by djfake · · Score: 1
      But good luck arguing any of that in a court of law.

      When you install and use the software, you agree to the terms of the software license, whether you agree with it or not. That's how the license is written and that's how they're enforced. When you buy "the box" you buy a copy of the software and license to use it.

      Why do you think people make such a big deal about open-source software? Just because???

      --
      www.itjerk.com
    7. Re:Violating the EULA by HuguesT · · Score: 1

      In certain jurisdictions, yes a signature is requested, sometime even with extra handwritten approval (such as "I have read and I approve") otherwise the contract is not binding.

    8. Re:Violating the EULA by sm62704 · · Score: 1

      It doesn't matter; I DO NOT AGREE nor do I believe that I have to. I bought the damned thing and copyright law doesn't give them the right to enforce a EULA.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    9. Re:Violating the EULA by mini+me · · Score: 1

      If you do not agree to the license, you do not have a right to use said software. If, as you claim, a signature was required for the license to be valid, you would not have the right to use any software (except, perhaps, BSD-style and artistic licensed work) without giving your signature to Microsoft, Apple, etc.

    10. Re:Violating the EULA by Just+Some+Guy · · Score: 0, Redundant

      Thank you. Someone else who gets it. I'm not EULA-bound when I buy a TV, couch, CD, or book - I'll be darned if I can understand why I should be constricted when I buy software.

      --
      Dewey, what part of this looks like authorities should be involved?
    11. Re:Violating the EULA by Just+Some+Guy · · Score: 2, Insightful

      If you do not agree to the license, you do not have a right to use said software.

      Especially in the case of boxed, purchased software, I gained the right when I gave the store clerk money in exchange for that software. In fact, since up until the point that I click "I Agree" to some ignorable EULA I haven't even given the illusion of agreeing to anything, it's my right to hack out any objectionable code (such as that EULA dialog). That's because I own that copy of the software.

      --
      Dewey, what part of this looks like authorities should be involved?
    12. Re:Violating the EULA by sm62704 · · Score: 1

      What does that have to do with the price of eggs in China?

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    13. Re:Violating the EULA by russotto · · Score: 1

      You are mistaking "signature" and "agreement." Signatures are not a prerequisite to a valid contract, they are merely very good evidence of agreement. You can get out of some contracts you signed and you can be held to some contracts you didn't. The lack of a signature is not the reason EULAs are of questionable enforceability.


      It's one of the reasons. Lack of consideration would seem to be an even better one; the EULA grants me no rights I don't already have. And no, I don't agree to EULAs. The fact that I can't use the software without clicking the "I agree" button (or hacking around it) means that clicking it simply signifies that I want to use the software, not that I actually agree.
    14. Re:Violating the EULA by russotto · · Score: 3, Informative

      It's not even that. Microsoft have their way in that regard now. What you own is the media with a binary copy of the application/operating system. What you license by agreement to the EULA is the rights to then install and use that software as a running process (or processes) on compatible hardware.


      Sorry, but 17 USC 117 says that owning the binary copy already grants me the right to install and use the software.
    15. Re:Violating the EULA by sm62704 · · Score: 1
      But good luck arguing any of that in a court of law

      I won't argue in court, that's what lawyers are for. I'm not going to give myself an eye operation, either. I'll leave the surgery to Dr. Odin (yes that's his real name) for the same reason - the lawyer has gone to school for a damned long time to learn what I am ignorant of.

      Why do you think people make such a big deal about open-source software?

      Several reasons.
      1. You can look at the source and determine that it isn't a trojan, compiling it yourself if you deem necessary
      2. You can modify it to better suit your own needs
      3. It is free as in speech and free as in beer
      4. To give Bill Gates the finger
      5. Some OS software has no closed source counterpart (?)
      6. Since you can view the source, hundreds of thousands of programmers have read the source and debugged it, making it more free of bugs than closed source
      7. Since it has fewer bugs it is more secure
      8. Since you can view the source, hundreds of thousands of programmers have read the source and rewritten parts of it to make it more secure
      I could go on; there are many, many more reasons. In fact, there are only a very few reasons to use closed source. There are far more reasons to use any given piece of open source software than closed source. I doubt the EULA has much if anything to do with many people's decisions to go with open source software.
      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    16. Re:Violating the EULA by djfake · · Score: 1

      Agreed, however, I would add "to avoid draconian EULA terms" to your list.

      --
      www.itjerk.com
    17. Re:Violating the EULA by Intron · · Score: 1

      You are correct that copyright law does not give them any rights; it's contract law which does. You have to click on a box at install time saying that you have read and agreed to their terms. And shrink-wrap licenses have been upheld in US courts.

      What I find interesting is that I can buy a computer with Windows already installed, in which case I never agree to anything. My only agreement in that case is with the store where I buy it. Microsoft would have no standing to sue me for violating the EULA since I'm not their customer. The store certainly never told me that they were acting as the agent for Microsoft which would seem like the minimum requirement to involve me in a contract with them.

      [[ ob. IANALBIHARWI - I am not a lawyer but I have a relative who is ]]

      --
      Intron: the portion of DNA which expresses nothing useful.
    18. Re:Violating the EULA by Lars+T. · · Score: 1

      In certain jurisdictions, yes a signature is requested, sometime even with extra handwritten approval (such as "I have read and I approve") otherwise the contract is not binding. You mean those jurisdictions where stores are illegal? Do you sign a contract every time you buy chewing gum? Are you denying that there is a implied unsigned contract when you exchange cash for goods?
      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    19. Re:Violating the EULA by Anonymous Coward · · Score: 0

      And if i manage to copy the executable files on my hdd and everything without using the installer.. In that way i would i had "installed" (and therefore agreed by installing the software) or would i stay unbound to the EULA ?

    20. Re:Violating the EULA by mini+me · · Score: 0, Troll

      That's because I own that copy of the software.

      If you owned a copy of the software, you would have full redistribution rights, among other things. Therefore, according to what you are telling us, piracy is pretty much impossible. I wonder why the RIAA is still around?
    21. Re:Violating the EULA by bnenning · · Score: 1

      Sorry, but 17 USC 117 says that owning the binary copy already grants me the right to install and use the software.

      I've been saying that for years, and I'm still baffled that EULAs haven't been laughed out of court. Apparently you don't actually "own" a copy because the EULA says that you're only licensing it, therefore you have to agree to it in order to run the software, even though if the EULA didn't exist there would be no need for one. Somehow a smart lawyer got a stupid judge to buy into this legal version of quantum tunneling, and now software publishers can effectively write their own laws.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    22. Re:Violating the EULA by Just+Some+Guy · · Score: 1

      If you owned a copy of the software, you would have full redistribution rights, among other things. Therefore, according to what you are telling us, piracy is pretty much impossible. I wonder why the RIAA is still around?

      You're being intentionally daft now. I own that copy, which is not the same as saying that I own the copyright. Most other people have a grasp of the difference between the concepts; I trust that you'll be able to figure it out for yourself.

      --
      Dewey, what part of this looks like authorities should be involved?
    23. Re:Violating the EULA by ari_j · · Score: 1

      Lack of a signature truly has absolutely nothing to do with it. And if you don't agree, don't use the software. What do you feel grants you the entitlement to use a particular piece of software?

    24. Re:Violating the EULA by IBBoard · · Score: 1

      You must be reading a different version to what I can find. Cornell's US Code: Title 17, 117 doesn't mention anything even remotely close to that, just that if you own a copy then you have the right to copy it for backup, etc.

    25. Re:Violating the EULA by ari_j · · Score: 1

      The question is this: What do you want to do that, if you had agreed to the EULA, would be a violation of it? Do you have any right to take that action absent an agreement between yourself and Microsoft? If so, what gives you that right?

      I should point out that, while shrink-wrap licenses have been upheld by some US courts, it doesn't follow that every such agreement is enforceable or that every term of the enforceable instances will be enforced. Contract law is a massive, complicated thing.

    26. Re:Violating the EULA by ari_j · · Score: 1

      I invite you to name any such jurisdiction and point to the source of the law that requires a written signature for any contract to be binding. It's impossible for me to prove a negative, and you stand in the fortunate position of being able to prove me wrong by pointing out a single counterexample. :)

    27. Re:Violating the EULA by IBBoard · · Score: 1

      You'd have to ask a lawyer about that one, but I suspect the legal stance is that there is a legal agreement in place for you to be allowed to execute it (it's a EULA, not a EILA - End Installer's License Agreement) and so you were still breaching the EULA. It seems a bit like saying "is it still theft if I take something that is lying on a front garden, because I didn't have to break anything and it was easily accessible", or "is it still murder if I find a way to time the traffic lights on a railway crossing such that he's going to go over them just as a train does".

    28. Re:Violating the EULA by ari_j · · Score: 2, Informative

      Technically, those contracts aren't even implied, they are explicit. The terms beyond the price and quantity of the gum will be supplied by applicable law. In states within the U.S. that have adopted it, the Uniform Commercial Code, Article 2, will apply. Under UCC 2-201, the contract doesn't have to be in writing because it is for less than a certain amount (depending on the version of the UCC that the state has adopted; generally $500). Under 2-509, because you bought the gum from a gum merchant, the risk of the gum being lost to and act of God is the seller's risk until you take possession of the gum. Under 2-314, there is a warranty, among other things, that the gum is fit for the ordinary purposes of gum.

      An implied contract is one where the parties' behavior shows that there is a contract even though there is not an explicit agreement between them. When you buy gum, there is an explicit agreement when you communicate by putting the gum on the counter that you are offering to buy it for the stated price and the store communicates its acceptance by telling you "with tax, that will be 53 cents, sir." And implied contract would be if you picked up the gum, left 53 cents on the counter, and walked out of the store without any communication in either direction, and the store never bothered to chase you down over it.

      Subtle, but it's a pet peeve of mine. Don't worry - most judges don't know where explicit contracts end and implied contracts begin.

    29. Re:Violating the EULA by pandrijeczko · · Score: 1
      If you buy a new PC with, say, XP installed on it, the first time you start it up you will be presented with the EULA which you can either accept or reject. If you accept it, XP sets itself up and off you go, if not then the installation stops at that point and leaves you to it.

      I'm not saying the way this is implemented is right, but from a legal perspective (and IANAL) the onus is on you to read the EULA and understand it before accepting it.

      And since the EULA will no doubt say somewhere that you cannot make or sell copies of that same software, presumably the many litigations against software pirates have been carried out based on the contents of the EULA.

      --
      Gentoo Linux - another day, another USE flag.
    30. Re:Violating the EULA by mini+me · · Score: 0, Troll

      You own the physical media on which the licensed work is distributed. You own a license to use the licensed work, assuming you don't break the terms of the agreement, such as running the software on non-Apple-labeled hardware in this case. You do not, however, own a copy of the software itself. For that, you would have to own the copyright on it.

    31. Re:Violating the EULA by Anonymous Coward · · Score: 0

      When I go to best buy I don't "license" an OS or piece of software; I pick a box up off the shelf, pay money for it and am delivered a purchase reciept. I then own the goods that I just BOUGHT. I am under no statutory obligation to read anything or sign anything.

      Not only that, but you don't actually get to see the EULA until after you've torn open the box and begun the installation process, at which point the store will no longer allow you to return it if you decide not to agree to the EULA.

      EULAs are pure unadulterated shit.

    32. Re:Violating the EULA by Just+Some+Guy · · Score: 1

      Do I own my shoes? My car? My books? Or am I just licensing the copy I happen to possess?

      --
      Dewey, what part of this looks like authorities should be involved?
    33. Re:Violating the EULA by BadLittleGuy · · Score: 1

      The fact, that I already paid for this particular piece of software?

    34. Re:Violating the EULA by mini+me · · Score: 1

      You own the shoes, but if your shoes have a logo of the company that made them, you are licensing the logo. Ditto for automobiles. The work contained within the book is licensed, however the paper itself is owned by you.

      It's kind of like a driver's license. You have to pay for the card that you carry (at least you do in this jurisdiction), but if you break the rules, the law is free to take your ability to use it away.

    35. Re:Violating the EULA by sm62704 · · Score: 1

      I've often wondered why the EULA would say you can't sell copies, when copyright law already grants the copyright holder that right without a contract. Perhaps to make it as long as possible so you won't read it?

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    36. Re:Violating the EULA by ari_j · · Score: 1

      You paid for a cardboard box with some papers and a CD inside of it. What about that fact entitles you to use the software that is stored on that CD?

    37. Re:Violating the EULA by BadLittleGuy · · Score: 1

      No, I paid for the copy of the software. I was marketed for use, not as a decorative paperweight. If I buy something I can be sure that it's fit the claimed purpose. No strings attached, but if there are, it has to be disclosed before the contract takes place. (Well, that's true in any sane country, like, oh, everywhere. Even the US)

    38. Re:Violating the EULA by IBBoard · · Score: 1

      Or, from what I've eventually managed to deduce from legal speak, maybe you "own" a copy of the media and the installer that installs some licensed product? You can do whatever you want with the installer as laid out in whatever USC that was (America seems to have too many of them) but to use the actual final software then you've got to agree to the license that is the EULA.

      If that's an incorrect interpretation then all I can say is: WTF? How does any software company survive in America when its legislation basically seems to say (according to your interpretation) "once I have a copy of it then I can do what I want with it because it is mine, so screw your 90 day limit because I 'own' it and am not licensing it for 90 days".

    39. Re:Violating the EULA by internic · · Score: 1

      the Supreme Court of New York ruled that the terms of the shrink-wrapped license document were enforceable because the customer's assent was evident by his failure to return the merchandise within the 30 days specified by the document

      It seems like with that logic one could setup a great scam with refund checks issues from the "Arse Tickler's Fagots Fan Club" a la Lock Stock and Two Smoking Barrels. You don't even have to lie to the people, just make the EULA totally insane.

      --
      "You call it a new way of thinking; I call it regression to ignorance!" -- Operation Ivy
    40. Re:Violating the EULA by ari_j · · Score: 1

      What basis do you have for believing that you are correct? Please give a source other than yourself for each assertion you make that you feel supports your belief.

    41. Re:Violating the EULA by BadLittleGuy · · Score: 1

      I thought it was common sense, that you can't change the contract after the fact, which took place when the merchant took the money and that that they can sell you something but claim it's something different. But well, there's warranty of merchantability for the latter and any topic about contracts for the former.

    42. Re:Violating the EULA by russotto · · Score: 1
      You missed the very first paragraph, 17 USC 117(a)(1)

      The only reason you _wouldn't_ have the right to install or use a copy of software that you own is copyright law. That paragraph provides a specific exemption in copyright law for using computer programs.

      17 USC 117 (a) Making of Additional Copy or Adaptation by Owner of Copy.-- Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided: (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
    43. Re:Violating the EULA by russotto · · Score: 1

      You paid for a cardboard box with some papers and a CD inside of it. What about that fact entitles you to use the software that is stored on that CD?


      As I mentioned elsewhere: 17 USC 117(a)(1)

      The fact that I own the CD (which is or contains a copy of the software) means I have the right to do anything I like with it that isn't otherwise restricted by law. The only relevant restriction would be copyright law, and 17 USC 117(a)(1) knocks that one down.
    44. Re:Violating the EULA by ari_j · · Score: 1

      You may want to see what the law, which I know is less authoritative in your life than Wikipedia, actually says. See, for instance, UCC 2-202 and 2-207, and ProCD v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996).

      Another question I have is whether you think that the GPL has any enforceability whatsoever. If so, can you distinguish it from Microsoft-style EULAs?

    45. Re:Violating the EULA by Anonymous Coward · · Score: 0

      There's nothing there that looks remotely like the right to install and use the software. It talks about making copies as an integral part of the use of the software, i.e. in RAM. It says nothing that I can see about being allowed to install and use the software, much less free of the restrictions of the EULA.

      How are you interpreting this that you have come to the conclusion you have?

    46. Re:Violating the EULA by ari_j · · Score: 1

      Is 17 USC 117(a)(1) the only law at all that could possibly apply? It seems to me that there are entire shelves of state laws, many of which govern contracts and some of which are even dedicated to contracts for the sale of goods or, in some cases, computer software specifically (see UCITA section 112). This is a much more complicated area of the law than any one subsection of a copyright statute will explain.

    47. Re:Violating the EULA by BadLittleGuy · · Score: 1

      You're right, Wikipedia is more authoritative to me as the US law, because I'm german. (wink, wink, nudge nudge) And german law makes it absolutely, unmistakably clear, that terms after the contract has been agreed upon, have to be made under consideration and all courts have upheld this. There is no such thing with normal EULAs, as I have already all rights to use the software and nothing is offered in return to the agreement to the EULA.

      You're right, that in the US ProCD v. Zeidenberg does lay a different ground, and all cases that might contradict this, are more for shrink-warp than click-wrap licenses. The objection to these are the ones I made (for example Klocek v. Gateway, Inc.). Personally I can't find what's the difference between click-wrap and shrink-wrap, at least in principle.

      As for the GPL:
      The GPL isn't an EULA, as I don't have to agree to it to use the software. I have to agree on some terms to copy and distribute it, and the only one under which this is allowed, is the GPL.

    48. Re:Violating the EULA by russotto · · Score: 1

      Is 17 USC 117(a)(1) the only law at all that could possibly apply? It seems to me that there are entire shelves of state laws, many of which govern contracts and some of which are even dedicated to contracts for the sale of goods or, in some cases, computer software specifically (see UCITA section 112). This is a much more complicated area of the law than any one subsection of a copyright statute will explain.


      Only two states have enacted the relevant section of UCITA, and I am in neither of them. As for your appeal to immensity: I've given you the reason I think I have the right to use the CD I purchased. If you have some reason for believing I have no such right, state it. I'm not going to dig up every possible law which could possibly affect my use of the CD and explain why it does not apply.

    49. Re:Violating the EULA by russotto · · Score: 1

      17 USC 117(a)(1) fails to distinguish between copies in RAM and copies on disk. Installing most software (on disk) nowadays is an integral part of using it; you can't use it otherwise. Therefore 17 USC 117(a)(1) covers copies made during installation, as well as the copies made in RAM.

    50. Re:Violating the EULA by ari_j · · Score: 1

      So let's go to the UCC, Article 2, which has been adopted by all the states. Sections 2-202 and 2-207 permit additional terms to be added to a contract if you take any action that evidences an agreement to the new terms. Your decision to click "I agree" when installing software is such an action. In what way is this logic flawed? (Please take a moment to read those two sections of the UCC first, as I am not about to write them out in full here. They're short, but I'm keeping my comments to discussion and not to quoting statutes.)

    51. Re:Violating the EULA by ari_j · · Score: 1

      Installing a program on your computer from CD is making a copy of it. The fact that that's intended when you purchase it doesn't change the fact that you're copying it. That's one of the most common copyright law grounds given in support of EULAs being enforceable - absent an agreement to them, you don't have any right to install the software. (Granted, the copyright law argument is a weak one. Contract law arguments are much stronger.)

      Your German laws are more friendly in some ways, and that's not unexpected. Our laws are more of a compromise between the desires of big business and John Q. Public. In our case, EULAs that are not inherently unfair tend to be enforced, in part because it gives an economic incentive to software companies to continue making software. That's why EULA terms such as arbitration clauses are the most commonly enforced and terms relating to giving up your firstborn son are not.

      Note that I am not arguing for enforceability of EULAs. I'm just making sure that everyone here understands that they are not as obviously unenforceable as common sense would dictate. There are many complex issues surrounding those darn click-through license agreements.

    52. Re:Violating the EULA by IBBoard · · Score: 1

      W.r.t 'owning' the software, I said later in another post that it could very easily (legally, if not logically) be interpreted that you own a copy of the installer and that through running the installer you are giving the option to install a full application if you agree to the EULA.

      And in case someone else mentions extracting the files and installing them yourself, you're then bypassing a digital measure (installer and EULA dialog) aimed at controlling your use of the app (by only letting you legally use it if you agree) so that is at the least probably counted as a DMCA violation (thank goodness we don't have that in the UK yet) and potentially reverse engineering or similar.

      So yes, 17 USC 117(a)(1) does let you make copies of software you own as long as it is done in the normal operation of using it (e.g. copying to RAM or a swap partition) but it's one hell of a leap from that to "I don't have to agree to your EULA because I paid for and own a physical medium and an installer app".

    53. Re:Violating the EULA by BadLittleGuy · · Score: 1

      The Copyright statutes explicitly spell out your right to make a copy for normal operations of the program. If this weren't so we wouldn't have this discussion, as click-wrap licenses would then be clearly enforceable.

      In regard to german contract laws:
      What I read about US law they're quite similar. But a big, glaring difference is ProCD v. Zeidenberg. Not the laws. A really unfortunate difference, IMHO, as EULAs don't meet the most basic requirements of contracts. No negotiation, no offer, just coercion to force a "Yes" click.

    54. Re:Violating the EULA by HuguesT · · Score: 1

      In some European countries, a sale is not a contract, nor is an EULA.

    55. Re:Violating the EULA by ari_j · · Score: 1

      There's no coercion. There is nobody holding a gun to your head and forcing you to use the software. Our court cases, like ProCD, don't just come out of thin air. The Uniform Commercial Code, Article 2, governs the sales of goods and is purposely designed to make transactions in the sale of goods go smoothly for all parties. If it were necessary to negotiate all the terms of every contract before you bought the product, it would be next to impossible to do business. As others have pointed out, you don't negotiate the terms of the contract when you buy a package of gum in a store. The only thing that makes EULAs special is that some of the terms of the agreement are agreed upon by the parties after money and the product have changed hands.

      What most people seem to miss is that the transaction does not terminate once money and the product change hands and that you don't have to accept the EULA any more than you have to accept the warranty of merchantability that comes with every package of gum. The solution is simply not to buy the gum or not to accept the EULA.

      Maybe you want to explain how you are coerced to click "I Accept." The way I see it, this is just like any other rational decision: Is the value to me of accepting these additional terms and getting to use this software greater than the value to me of not being bound by these terms?

    56. Re:Violating the EULA by russotto · · Score: 1

      In the case of retail software, there was no contract between you and the software company; you bought from a third party (the store), and that contract was completed when you paid for the software and took delivery on it. The EULA therefore cannot be a part of the contract for the sale of the software.

      Thus even if the EULA is a contract, it is not a contract for sale of goods, and is therefore not covered by UCC Article 2 (see 2-206).

      Furthermore, 2-207 is limited to additional terms made in "acceptance or confirmation" of the contract. By the time the EULA is displayed, the offer has already been accepted (that is, the buyer agreed to pay for the goods), confirmation has already been made and the goods delivered. It's too late to add terms at that point, even according to 2-207.

    57. Re:Violating the EULA by BadLittleGuy · · Score: 1

      Coercion doesn't need a gun. The contract has already been made. I have all the necessary rights to use the software, but non the less I suddenly have to agree to additional restrictions to use the software, without getting anything in return.

      And of course I don't have to agree to the warranty of merchantability. That's the minimum I get, if nothing else is negotiated beforehand. And, as another poster pointed out, the sale of good is finished, once money and goods have exchanged hands. The EULA would between me and a, for me, completely arbitrary third party, with which I have absolutely no relationship.

    58. Re:Violating the EULA by ari_j · · Score: 1

      The argument that there is no privity of contract is a good one. I don't know that it's been tested in court, probably because the companies that make you agree to EULAs don't want to risk them losing what little effect they do have. Then again, lack of privity is not always enough, under the UCC or otherwise, to avoid a contract action. It isn't even obvious that there is no privity in these situations. I won't go into it in detail because it is, frankly, too wordy of a thing to do and I have a job I'm supposed to be doing right now. The main point is that it's a more complicated area of the law than people tend to assume, and I think that this entire thread has demonstrated that sufficiently.

      That said, it's not at all clear that the goods being delivered makes it too late for additional terms to be agreed to. Section 2-207 isn't the only one in play. For instance, the opinion in ProCD v. Zeidenberg plainly says that 2-207 is irrelevant. The court in that case also mentions insurance contracts - would you argue that your insurance policy's terms have no effect because you paid for the coverage before you received a full copy of the policy? If you buy a new home stereo, is it covered by an express warranty even though the only expression of the warranty is in the instruction manual that came inside the box?

    59. Re:Violating the EULA by ari_j · · Score: 1

      What authority do you rest on for your assertion that the sale is finished and no more contract terms can come into being once money and goods have exchanged hands? UCC 2-202 says that additional terms you agree on (such as by clicking "I Agree") are part of the contract.

    60. Re:Violating the EULA by BadLittleGuy · · Score: 1

      Sorry, I slipped there. That was german law again. The other points remain.

    61. Re:Violating the EULA by russotto · · Score: 1

      I think ProCD was decided wrongly, and IMO it appears that the appeals judge made the decision first and then went searching for justifications for it. He ignored the issue of privity of contract entirely. Then he failed to consider the limitation of scope on UCC article 2.

      "ProCD proposed a contract that a buyer would accept by using the soft- ware after having an opportunity to read the license at leisure. This Zeidenberg did."

      Even accepting that statement as true, that contract -- the EULA -- was not a contract for sale of goods. Therefore it is not covered by UCC article 2, and UCC 2-204(1) (which the judge applied) was not relevant.

      Insurance has its own whole set of laws applied to it. So do consumer warrantees (which don't obligate the buyer in any case). If sale of software is treated as a sale of goods under the Uniform Commercial Code, the EULA is either completely meaningless (in the case of purchase from a third party), or constitutes an attempt to modify terms after the sale (in which case it's too late; the goods have been accepted). If it's NOT a sale of goods under the UCC, then the EULA is meaningless for a number of reasons, including lack of consideration and lack of agreement.

      Additionally, if clicking "I agree" constitutes agreement, then the silly remedies often proposed such as allowing one's minor child to install the software, or hacking the text to say "I disagree", or removing or modifying the text of the license, would be sufficient to avoid agreement. This would be a pretty silly state of affairs, and I can't see a court accepting such a thing.

    62. Re:Violating the EULA by ari_j · · Score: 1

      It's an interesting problem that hundreds of different sets of laws can apply to otherwise identical transactions. I do not at all envy the people at Microsoft's legal department who have to try to untangle the mess of laws and secure as much protection as they can for their employer.

    63. Re:Violating the EULA by ari_j · · Score: 1

      A lot of your arguments are invalid. For instance, acceptance of the goods does not happen instantaneously when you sign the credit card receipt and walk out of the store. Acceptance in the case of retail software occurs once you have the software installed and running. Any sooner than that, and you would be entirely unable to reject defective software.

      However, your argument about ProCD entirely ignoring the privity issue is valid, and is to me the most solid argument against EULA enforceability. (And, because the purchase of the software lacks privity between you and the software company and you already have the right to install the software because that's necessary in order to use it at all, you are right that there is no consideration for an agreement between you and the software company regarding your promise to abide by the EULA.) And it's not about adding terms after you get the goods - that's perfectly fine under the UCC. It's also not about the UCC not applying. It's not even really about the box saying "there are additional license terms inside this box that apply to your use of the software it contains," since that should have no more legal effect between you and Microsoft than "batteries included" has.

      It really is about the fact that there has not been any transaction between you and Microsoft at all. And that's why the UCITA came into being, but UCITA apparently sucks so of course almost nobody adopted it. Software companies rightfully want some way for an EULA to cover their products, without the transaction costs of negotiating every software sale directly with the actual consumers and making sure that the consumer signs off on the EULA before paying for the software.

      EULAs are, in the end, evidence that software companies are in a Catch-22, not that users are. Software is a different kind of thing from music, books, and the like, in that you almost universally have to make a copy of it to use it. That we don't have specific laws declaring what terms an EULA can and cannot dictate is a shame, because it would save a lot of the energy that goes into this debate. But then again, a lot of lawyers would get downsized since they wouldn't have to draft EULAs anymore, and the only thing worse than a lawyer is an unemployed lawyer with a lot of time on his hands. ;)

    64. Re:Violating the EULA by prockcore · · Score: 1

      Apparently you don't actually "own" a copy because the EULA says that you're only licensing it


      That's dangerous on the software companies part. If I'm licensing the software, then lessee laws apply. If I scratch the disc, I'm entitled to a replacement at cost (10 cents?). If the software does damage to my property, then the software company is completely liable.
    65. Re:Violating the EULA by russotto · · Score: 1

      It really is about the fact that there has not been any transaction between you and Microsoft at all. And that's why the UCITA came into being, but UCITA apparently sucks so of course almost nobody adopted it. Software companies rightfully want some way for an EULA to cover their products, without the transaction costs of negotiating every software sale directly with the actual consumers and making sure that the consumer signs off on the EULA before paying for the software.


      Well, there's where we disagree. I think if the software companies want to impose an EULA, they _should_ have to incur those transaction costs. The rather one-sided and obnoxious nature of many EULAs is IMO evidence that they shouldn't get a streamlined mechanism for them. The issue of software needing to be copied to be used has already been taken care of by 17 USC 117(a);

      Right now we've got a muddle. Software companies have an EULA, but most users just pretend to agree to them, and software companies usually have no way of determining that the users are in breach. When the issue has come up, some courts have accepted them as enforcable, and other courts (e.g. Softman v. Adobe) have not. UCITA would have resolved this by making them fully enforceable, but IMO that's the wrong answer.

    66. Re:Violating the EULA by ari_j · · Score: 1

      I only brought UCITA up because it is an answer, which proves that there can be answers. Sometimes even the wrong answer is better than no answer at all. I understand your desire that companies engage in such huge transaction costs to make their EULAs enforceable, but that's just a countervailing interest to that of the companies themselves, which is the interest I pointed out. What would be best is a fair compromise, but I'm not all that convinced that there is such a thing - fully enforceable EULAs screw consumers and no EULAs or very expensive EULAs in terms of transaction costs will reduce the amount of software that gets made and sold, also screwing consumers in the end. Is there any middle ground? I think that the underlying reason for the way it works now is that nobody has come up with a better idea.

  11. I think you're not reading closely enough by hassanchop · · Score: 5, Informative

    "The latest version of Safari for Windows makes a mockery of end user licensing agreements by only allowing the installation of Safari for Windows on Apple labeled hardware, thereby excluding most Windows PCs."


    I got Safari as part of the iTunes update. I have a non-Apple Windows machine, running Safari. They basically forced the software on me, and the EULA says I can't use it.

    Does that answer your question?
    1. Re:I think you're not reading closely enough by IBBoard · · Score: 1

      Was there a way to read the license agreement before installing the update? If there was then surely Apple are in the 'clear', as you can run Windows on an Apple and so it's not their fault that you installed something that you shouldn't technically have done.

      How are they to know the difference between Windows on a Mac and Windows on any other PC to determine whether to disable the 'bonus feature' or not?

    2. Re:I think you're not reading closely enough by Ron_Fitzgerald · · Score: 2, Interesting

      When the updater pops up, at the very bottom of the window is a link to:
      http://www.apple.com/legal/sla/

      At which point you as the user have to pick through a list of different licenses to get to what you may want.

      --
      ~ Ron Fitzgerald
    3. Re:I think you're not reading closely enough by Hatta · · Score: 1

      You really don't think they have a way to identify the hardware they manufactured?

      --
      Give me Classic Slashdot or give me death!
    4. Re:I think you're not reading closely enough by IBBoard · · Score: 1

      Potentially, but it'll be hellish invasive and a number of intrusion tools might pick it up. Most software just checks Windows version. Linux makes access to architecture and a couple of other bits easy. They could find that it's a dual-core Pentium, and that someone has set the vendor to "Apple", but does that mean it's an Apple?

      The only other way is that the updater maintains a list of what hardware configs Apple has, and then they'll need to keep updating that list and potentially get in to the situation where someone gets told they can't have something because their rig isn't identified as an Apple machine, but is a normal Windows install on any other machine.

    5. Re:I think you're not reading closely enough by Anonymous Coward · · Score: 0

      As moronic fanboy trolls go, yours is among the worst I've ever seen.

      Tell me this fandouche, WHY THE FUCK WOULD APPLE SEND ME A PIECE OF SOFTWARE THEY DON'T WANT ME TO USE?

      Shut up now fancunt, you're embarrassing your idiot self.

    6. Re:I think you're not reading closely enough by 10101001+10101001 · · Score: 1

      Was there a way to read the license agreement before installing the update? If there was then surely Apple are in the 'clear', as you can run Windows on an Apple and so it's not their fault that you installed something that you shouldn't technically have done.

      Much like how stores will shove $200 iPods in your shopping bag, in clear view of the customer, and then leave a little note at the bottom of your receipt that "The included iPod is only free if you bought a new $2000 plasma TV. Otherwise, taking the iPod out of the store is theft.". Oh, right, they don't. But, it has a lot less to do with the legality of the situation; it has to do with stores not wanting to lose a lot of money from people who walk out with those iPods and are never caught. So, either Apple really doesn't value Safari very much, or they screwed up their EULA. I'd vote on the latter.

      --
      Eurohacker European paranoia, gun rights, and h
    7. Re:I think you're not reading closely enough by Idaho · · Score: 0, Troll

      I got Safari as part of the iTunes update. I have a non-Apple Windows machine, running Safari. They basically forced the software on me, and the EULA says I can't use it.

      Does that answer your question?


      I agree that the situation is quite ridiculous and stupid. My point is however, that the headline of this story "does not compute".

      An End User License Agreement can only be accepted, rejected, or violated by...guess what, "End Users". The one way in which software could possibly violate its own EULA, is, quite logically, if the software is its own "End User".

      So, when is the last time you watched your browser browsing the internet on its own? ;)
      --
      Every expression is true, for a given value of 'true'
    8. Re:I think you're not reading closely enough by weicco · · Score: 2, Informative

      How are they to know the difference between Windows on a Mac and Windows on any other PC to determine whether to disable the 'bonus feature' or not?

      Quite easily. Ask WMI. It knows a lot of stuff going on and under your Windows setup.

      --
      You don't know what you don't know.
    9. Re:I think you're not reading closely enough by Anonymous Coward · · Score: 0

      You're a moron.

      "An End User License Agreement can only be accepted, rejected, or violated by...guess what, "End Users"."

      Well, you're obviously incredibly stupid, but let's address this. Doesn't an "agreement" (that's what that "A" stands for in EULA) require TWO parties?

      Why yes, yes it does. So no moron, you're wrong when you say "An End User License Agreement can only be accepted, rejected, or violated by...guess what, "End Users"."

      Fuck off now.

    10. Re:I think you're not reading closely enough by Jurily · · Score: 1

      Forced? All you had to do was click a checkbox.

      Having it on by default, even offering Safari as an iTunes update was Bad(tm), but it wasn't really unavoidable, now was it?

    11. Re:I think you're not reading closely enough by IBBoard · · Score: 1
      No, more like getting to the till and saying:

      We have an offer on for iPods where we include them for free. We'll make the offer big and obvious and put it at the top of a board saying "this is our offer". We'll then put the conditions at the bottom of the board (which say you can't use it unless you own a plasma TV from us) and say that we're automatically adding this to your subtotal unless you opt out. If you don't opt out and tell us that you agree to all of your purchases then you agree to all of the conditions on all of the items.


      Yes, it's a little dirty, but not nearly as dirty as the example you put forward. TBH, the example above isn't too different to what you do every time you shop anyway - every till in the UK and the vast majority of receipts say that by making the purchase you agree to their terms and conditions. I don't know of anyone who reads them, because if you don't agree then you don't get, but if they were upheld (like EULAs apparently have been in America) then they'd potentially be able to screw a lot of people.

      Besides, I thought that everyone on /. knew that bits could be copied for no financial loss and so comparing bit copying to theft was a misnomer ;)
    12. Re:I think you're not reading closely enough by Hal_Porter · · Score: 1

      On Windows you can read the hardware manufacturer out of the SMI Bios table in the registry - it gets copied there during booting. Or with GetSystemFirmwareTable.

      I suppose you could do make the authentication process secure by having the installer verify a signature in one of the tables to check it was a genuine Apple machine. But people could always patch the installer so it doesn't check anymore, so it doesn't really help you stop people running the software on non Apple hardware. Then again you could make the software phone home for activation and have the trusted home server send down chunks of code which would check it was an uncracked exe running on the right hardware.

      So you could do it technically. It would be a stupid idea of course.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    13. Re:I think you're not reading closely enough by toddestan · · Score: 1

      That may not work on a Mac, given that they use EFI and only fake the BIOS for Windows in Boot Camp. On the other hand, the fact that the computer has EFI and not a true BIOS is a pretty good indication it's a Mac, atleast for now.

    14. Re:I think you're not reading closely enough by Hal_Porter · · Score: 1

      That may not work on a Mac, given that they use EFI and only fake the BIOS for Windows in Boot Camp. Well the legacy Bios support code could easily put something into the Bios information Windows collects before it switches to protected mode and applications could read it out later WMI. Or if you were really desperate an application could use a device driver to check a signature on the Rom, or check for some Apple only device using the Setup enumeration API.

      On the other hand, the fact that the computer has EFI and not a true BIOS is a pretty good indication it's a Mac, atleast for now. Actually a Mac isn't an EFI machine from the point of view of Windows, it looks like one with a very limited Bios. Someone worked out you could boot Windows with just int 13 disk access and a calls like e820 that get hold of the memory map. But since Intel was heavily involved in the project they probably support things like ACPI too, since you need those for power management. And ACPI has lots of information about the machine which is accessible to Win32 applications.
      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  12. Fine by me by asc99c · · Score: 5, Funny

    My iPod came with a big Apple sticker which for some reason I did stick on my PC. Guess I'm OK to use Safari then.

    1. Re:Fine by me by AioKits · · Score: 2, Funny

      My iPod came with those as well. Too bad there was not enough space left on my laptop after the Mozilla folk were nice enough to give me a sheet of Mozilla stickers for purchasing a few t-shirts and a laptop tote...

      --
      "Quote me as saying I was mis-quoted." -Groucho Marx
  13. This is a good thing by bignetbuy · · Score: 1

    The more eyes that are put on Safari, the more bugs/holes that will be exposed. Ultimately, Safari will become a better, some might say decent, browser as a result.

    1. Re:This is a good thing by pandrijeczko · · Score: 1

      Right - in which case Open Source it or offer it as a free, unrestricted download to anybody who wants to find an alternative to IE or even Firefox. Surely that's the best way of getting more eyes to it rather than sneaking it in through the back door with iTunes.

      --
      Gentoo Linux - another day, another USE flag.
  14. You can stop ignoring them by hassanchop · · Score: 5, Interesting

    http://en.wikipedia.org/wiki/ProCD%2C_Inc._v._Zeidenberg

    "ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (7th Cir., 1996), is a United States contract case involving a "shrink wrap license". The issue presented to the court was whether a shrink wrap license was valid and enforceable. Judge Easterbrook wrote the opinion for the court and found such a license was valid and enforceable."

    They've been held up in court. The issue isn't totally decided, with other cases dealing with more specific issues, but your "nah nah nah MARY HAD A LITTLE LAMB nah nah nah" fingers in the ears stance may not be legally prudent.

    1. Re:You can stop ignoring them by elrous0 · · Score: 1

      Good thing I don't live in the 7th Circuit then.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:You can stop ignoring them by JasterBobaMereel · · Score: 1

      ...but you can ignore it if it gives you no opportunity to read the licence *before* accepting, and you can ignore it if it gives you no opportunity to refuse

      So an automatic update with no interaction is very invalid ?

      --
      Puteulanus fenestra mortis
    3. Re:You can stop ignoring them by Anonymous Coward · · Score: 0

      By Reading this post you hereby grant Anonymous Coward all Finanacial and Material goods currently owned by you.

      You are to spend My money to find me and give me My money. Failure to do so will result in $10,000 a day penalties.

      Failure to read the above post will result in $100,000 a day fines until the above post is read.

      thank you, And I expect cheques in the mail by the end of the day.

      AC

    4. Re:You can stop ignoring them by Anonymous Coward · · Score: 1, Insightful

      Judge Easterbrook's decisions in general, and ProCD specifically, are regarded as highly persuasive authority.

    5. Re:You can stop ignoring them by Jason+Levine · · Score: 1

      I wonder if the Safari EULA would hold up in court if Safari was installed with little to no user notification during the update of a completely unrelated product (iTunes or QuickTime). Could Apple sue me for violating Safari's EULA when all I really wanted to do was update my QuickTime software to a version without a newly discovered security hole?

      Maybe Apple was inspired by the recording industry's "Sue Your Fans" business model.

      Step 1: Install Safari on millions of PCs when they try to update iTunes or QuickTime
      Step 2: Sue those users for violating Safari's EULA
      Step 3: Profit!

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    6. Re:You can stop ignoring them by Actually,+I+do+RTFA · · Score: 2, Interesting

      but you can ignore it if it gives you no opportunity to read the licence *before* accepting, and you can ignore it if it gives you no opportunity to refuse

      Well, I bet that the iTunes EULA includes somewhere in it the rights to expand the scope, yada, yada.

      I imagine that there is an anti-trust suit waiting to happen, since Apple has a near-monopoly on music downloads, which requires the iTunes player, which pushes Safari... If it's good enough for MS, it's good for Apple.

      --
      Your ad here. Ask me how!
    7. Re:You can stop ignoring them by Anonymous Coward · · Score: 0

      And how, pray tell, do you know that the GP is based in the USA?

    8. Re:You can stop ignoring them by JasterBobaMereel · · Score: 1

      But at least you can read the agreement *before* agreeing to it ....

      Extending an agreement without prior consent is illegal as well

      Apple do have a near monopoly on Legal music downloads and so yes should be restricted from bundling ....

      --
      Puteulanus fenestra mortis
  15. You keep saying that word.... by Nursie · · Score: 3, Informative

    A naturalist is -

    "A scholar or student of natural history, the science of the natural world; see also natural science. It may also refer to a Wildlife enthusiast or a Conservationist"

    Not a naturist or nudist.

    1. Re:You keep saying that word.... by muffen · · Score: 1

      A naturalist is -

      "A scholar or student of natural history, the science of the natural world; see also natural science. It may also refer to a Wildlife enthusiast or a Conservationist"

      Not a naturist or nudist.
      Sorry, the funny part is I translated it from Swedish to English without really reflecting over it, and had to check the dictionary (in Swedish) and realized I was wrong even there.
      Oh well, hope you still got the point :)
    2. Re:You keep saying that word.... by Daimanta · · Score: 4, Funny

      I am a naturalist and I don't wear any clothes you insensitive clod!!

      --
      Knowledge is power. Knowledge shared is power lost.
    3. Re:You keep saying that word.... by Nursie · · Score: 2, Funny

      Not only did I get the point. I had a chuckle at the idea of naked naturalists, hanging out (literally) in the forest trying to spot wildlife...

    4. Re:You keep saying that word.... by Nursie · · Score: 2, Funny

      You can be both! You can be both!

    5. Re:You keep saying that word.... by megaditto · · Score: 1

      Would give a whole new meaning to catfish noodling.

      --
      Obama likes poor people so much, he wants to make more of them.
    6. Re:You keep saying that word.... by ookabooka · · Score: 0, Offtopic

      A grammar Nazi is -

      An elitist bastard that enjoys pointing out errors that no one else caught because they got the correct meaning anyways. Grammar Nazis also the only known exemption to Godwin's law.

      --
      If you are about to mod me down, keep in mind that this post was most likely sarcastic.
    7. Re:You keep saying that word.... by dwlovell · · Score: 1

      A pedant is -

      "A pedant, or pædant, is a person who is overly concerned with formalism and precision, or who makes a show of learning." (http://en.wikipedia.org/wiki/Pedant)

      Not informative or interesting.

    8. Re:You keep saying that word.... by gstoddart · · Score: 3, Funny

      I am a naturalist and I don't wear any clothes you insensitive clod!!

      Chill, don't get your knickers in a twist.

      Err ... wait. :-P

      Cheers
      --
      Lost at C:>. Found at C.
  16. The EULA snafu can only mean one thing... by Anonymous Coward · · Score: 0

    That Apple themselves interpret the clause in OSX EULA as meaning it can be installed or run in a VM on whitebox PCs. Thanks for the confirmation Apple.

  17. Re:I already have this update... by SigILL · · Score: 2, Informative

    In all seriousness, excepting the spiffy Apple skinning, this is Firefox's illegitimate twin. Has anyone done a code comparison??? :P

    Yeah, and they found that it's based on Konqueror, not Firefox. Something that Apple widely acknowledges, too.
    --
    Error: password can't contain reverse spelling of ancient Chinese emperor
  18. Switch? by blankoboy · · Score: 3, Funny
    Sheesh, I'm on the verge of finally switching from Microsoft to Apple (just been waiting on the new rev of the Mac Mini to appear) and they go and pull the funny business of trying to slip Safari on to Windows desktops that use Itunes. On top of that there is now this report of the security flaws found in Safari. So now Apple is carelessly pushing a security risk browser onto unsuspecting client PC's. This is really underhanded and has be getting cold feet. Ubuntu perhaps....then?

    Apple, these sort of tactics really are not necessary. Don't take the low road please...you can win it by going on the high way.

    1. Re:Switch? by Shados · · Score: 3, Insightful

      Apple has gotten where it is almost exclusively by taking the low road, with borderling false advertising and Microsoft-style tactics. They originally make an excellent product (MacOSX, Ipods, etc), get a name from it, then push it further using the low road. Its always been that way. If you're going to move away from Microsoft because of shady marketing as one of your primary reasons, stay clear from Apple. Jobs makes Balmer look like a saint in that department.

    2. Re:Switch? by skeletor935 · · Score: 1

      I have a macbook. I love it, but Apple ain't even close to the "saint" company image it sometimes has. But, as a laptop I tote around for work and pleasure-- it's basically just a giant ipod with unix on it, you can't beat its functinoality

    3. Re:Switch? by framauro13 · · Score: 1

      So Balmer is "Pinky" and Jobs is "The Brain"?

      --
      In an effort to conform with internet communication standards, please note that the above comment is 100% biased opinion
    4. Re:Switch? by Shados · · Score: 1

      It may be just a joke, but its a very good comparison :) Balmer and Jobs both try to screw their customers as well as they humanly can... the only difference is that Balmer (as opposed to Bill Gates) is completly horrible at it, while Jobs is a master of deceitful marketing (well, I guess marketing in general, since almost by definition, marketing is an attempt to mess with customer's minds...)

      Honestly, Jobs would probably be richer than he is now if he had gone in the pure marketing field, instead of in the hardware/software business.

  19. Re:I already have this update... by Constantine+XVI · · Score: 1

    Considering both WebKit and Gecko (the rendering engines in Safari and Firefox) are available under the LGPL, it's quite possible that some Gecko code seeped into WebKit or vice versa. I'd highly doubt it, however.

    --
    "I think an etch-a-sketch with an ethernet port would beat IE7 in web standards compliance."
  20. so confused by sgt+scrub · · Score: 1

    Could someone please explain to me why anyone wanting an interface that uses Kon.. er QT.. er Safari would be using Windows in the first place?

    --
    Having to work for a living is the root of all evil.
    1. Re:so confused by IBBoard · · Score: 1

      I think there's two target audiences:

      1) Apple fanbois who can't afford an Apple, or don't know about Boot Camp, or don't want to keep jumping between two different OSes, or just want a browser that looks like their iTunes.

      2) Web devs who want their sites to look reasonable for any Mac visitors.

      There's probably also a small number of people who might see it and be tempted to check out a full Apple computer because of it, but given that it'll stick out like a sore thumb in Windows then I doubt it.

    2. Re:so confused by Shados · · Score: 1

      2 reasons.

      A) Web developers.
      B) Steve Jobs worshippers.

      B is a freagin huge group of people.

    3. Re:so confused by mini+me · · Score: 0, Troll

      Windows was in desperate need of a WebKit-based browser as it has pretty much become the de-facto standard for rendering engines. Since nobody else was stepping up to the plate, Apple did it themselves.

    4. Re:so confused by darthflo · · Score: 1

      About number 2: GP was asking about people who want to use Safari. As one sample out of your second group, let me tell you we don't want or like to use Safari nor MSIE 5.5. They're the really ugly stuff that need to be worked with some times, but that's everything but pleasurable.

    5. Re:so confused by kellyb9 · · Score: 1

      Clearly you've never done web development. The inavailabilty was sore sport in web development for years. I remember having to borrow my friends Mac or use Konqueror to test my CSS designs. I, for one, don't really care for Macs, but I still want Mac users using Safari to be able to view my pages.

    6. Re:so confused by raynet · · Score: 1

      Noh, the B group is just loud.

      --
      - Raynet --> .
    7. Re:so confused by IBBoard · · Score: 1

      There's two types of want, though. There's want from desire for something and want from a need to achieve a goal.

      I do web dev and so I want to make sure my site looks good (or as good as is possible) for as many people as possible. Because of that I want to use Safari to see what the common Mac rendering looks like. It's not a desire to use the app for the app's sake, but a want to use it because it helps me see what it looks like.

  21. Re:I already have this update... by Anonymous Coward · · Score: 0

    No wonder it's so bad.

  22. Profit? by crt · · Score: 5, Funny

    Step 1: Install Safari on millions of unsuspecting Windows PCs
    Step 2: Sue non-Mac owning PC users for violating EULA
    Step 3: ???

  23. The EULA says... by mr_lizard13 · · Score: 2, Interesting

    ...I can install one copy of Safari on an Apple-branded computer

    It doesn't say how many I can install on non Apple-branded machines...

    --
    "We live in a global world" - Harvey Pitt, former Securities and Exchange Commission Chairman
  24. Why is this bad? by argent · · Score: 1

    The latest version of Safari for Windows makes a mockery of end user licensing agreements

    I am trying to figure out why this is a bad thing, and I'm coming up dry. Help me here.

    1. Re:Why is this bad? by Anonymous Coward · · Score: 0

      Why would you think it's supposed to be a bad thing?

  25. Not the first impossible EULA by Just+Some+Guy · · Score: 1

    Everyone knows EULAs are a joke, and this certainly isn't the only one that's impossible to comply with. Are they legally binding anywhere?

    --
    Dewey, what part of this looks like authorities should be involved?
  26. Yet more proof by an.echte.trilingue · · Score: 5, Funny

    Yes. You pass if the website renders correctly. You fail if the website owns your machine. Yet another "standards" test designed to make IE fail. This is just more proof that the W3 has it out for Microsoft.
    --
    weirdest thing I ever saw: scientology advertising on slashdot.
    1. Re:Yet more proof by SanityInAnarchy · · Score: 1

      You were modded funny, and I assume you were being sarcastic, but actually, the test is designed to make current browsers fail (not just IE).

      --
      Don't thank God, thank a doctor!
    2. Re:Yet more proof by Z80xxc! · · Score: 1

      Except the W3C didn't make the Acid tests...

  27. Hardly surprising by elrous0 · · Score: 4, Interesting
    Anyone who has ever tried to REALLY uninstall one of their apps (or get Quicktime to stop running in the background or sneaking back into your registry) should not be surprised. Apple software is sneaky, aggressive, and not to be trusted.

    And the heavy-handed tactics they use to push said software is truly amazing. If MS did half of the underhanded stuff Apple does, they would be dragged back into court in a heartbeat. Why Apple continues to get a free pass on such crap is beyond me.

    I will NOT install Quicktime, iTunes, Safari or any other Apple software on my computer. And I always advise others not too as well. It's just not worth the hassle (if Apple really wanted your business, and not just to sleaze their way onto your computer, they would sell iTunes songs through their website and not require a software download).

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:Hardly surprising by Shados · · Score: 4, Interesting

      B...b....but Apple is not a monopoly! That means they can and SHOULD do this!!! /sarcasm.

      Seriously though, Apple is allowed legaly for said reason, but I never understood why people accept it... I mean, last I checked, when Microsoft -started- doing that crap, they weren't a monopoly either...and look where it got us.

      That being said...watching a media player (iTune)conflict with a RAID (I swear Ive seen that happen) is quite amusing... Just exactly WHAT is that stupid thing doing anyway?

    2. Re:Hardly surprising by street+struttin' · · Score: 1

      An interesting side note, if you run that software on OSX it is actually very easy to identify the running processes and disable them. Granted, things that depend on that functionality might quit working, but it is way easier to disable these things on OSX than it is on Windows. It might be that Apple just doesn't want to take the time to write software for Windows that works properly. Can't say I blame them...

    3. Re:Hardly surprising by Shados · · Score: 1

      Maybe not as easy, but its extremely easy to find the running process and get rid of it on Windows too. The problem is that Apple's software for Windows works almost like a spyware. It has so many entry points, and its so carefully integrated to everything, that getting rid of all its components is quite tough. Its multiple components, not just one, plus it not always running, so....

      The tricks would be different, but similar things can be done on OSX too. You just need different tactics, and (almost) no one bothers.

    4. Re:Hardly surprising by Anonymous Coward · · Score: 0

      "Apple software is sneaky, aggressive, and not to be trusted. "
      And just how does this make Apple softwhere different from MS, Adobe, Oracle, etc. etc software?
      All big software packages want to take over the f*****g world. This isn't just an Apple thing.

    5. Re:Hardly surprising by Jeff+DeMaagd · · Score: 4, Informative

      I call BS. I just uninstalled iTunes and there's no background process or anything like that running, and no executable remaining. Maybe the program should have offered to remove the program preferences in your account, but there's no binary there.

      That "spyware" service you refer to is just a notifier to open iTunes when an iPod is connected. That's all it does. It's hardly malicious, and it doesn't report to Apple what you do with your computer.

    6. Re:Hardly surprising by AdamReyher · · Score: 3, Insightful

      It might be that Apple just doesn't want to take the time to write software for Windows that works properly. Can't say I blame them...
      If Apple wants to have any respect in the overall industry (which they're slowly losing from me), making crap software for platforms they don't like isn't going to get them anywhere. You know, it's really not that difficult to make proper software for Windows. Granted, everything will be vulnerable from time to time and I really could care less about the vulnerabilities.

      Safari is marketed as the perfect browser for Windows, without flaw, without question. They have the gall to assume that everyone who uses iTunes would prefer Safari simply because it has an Apple logo on it.

      And when Safari falls victim to Security vulnerabilities just like every program out there, those of us who know what we're talking about don't blame Apple for their complete incompetence as programmers. Security vulnerabilities happen. It's the way of programming. It's virtually unavoidable. Yet fanboys turn around and say Apple isn't obligated as a company to produce secure software and back up their own marketing hype simply because Windows is a crap platform. It sickens me. And they get away with it.
      --
      The Computations of AdamR
      http://www.adamreyher.com
    7. Re:Hardly surprising by Anonymous Coward · · Score: 2, Funny

      That "spyware" service you refer to is just a notifier to open iTunes when an iPod is connected. That's all it does. It's hardly malicious, and it doesn't report to Apple what you do with your computer.

      Yeah, but having that program poll the bus once every ten seconds or so is seriously infringing on the 4.8 BILLION operations a second that his computer is capable of doing. Do you realize just how much percentage-wise that is?!?!?

    8. Re:Hardly surprising by FiloEleven · · Score: 1

      I wonder how much of its spyware-fu is "sneaky and underhanded tactics" versus "design philosophy." I mean, a Mac is designed internally, from the ground up, as a fully integrated system that is not trivial to break. How many of those Windows entry points are there to make iTunes / QuickTime easily accessible from anywhere, exposing the functionality that Apple expects that a user would expect? How much of its design complexity stems from programmers being overwhelmed by the sheer amount of bit-fiddling required to get said functionality under Windows?

      I think these are valid points to consider, though I doubt there is any excuse for an uninstall to simply not work as advertised. I also may be talking out of my ass, as I have no idea what goes into making an app on OS X.

    9. Re:Hardly surprising by hattig · · Score: 1

      I totally expect security issues from porting such a large wad of code from Mac OS X to Windows.

      Safari must use APIs in Mac OS X that are roughly similar to APIs in Windows. However if the Mac OS X one is safe to use, and the Windows one requires a check to be programmed, then you are going to get issues as a result of this.

      I don't know what Apple have done for Safari, but I imagine that they ported a large amount of Cocoa across to Windows, and Safari is running on top of that, and the Cocoa layer is hacked into Windows APIs beneath.

      Any security bug that appears in Windows Safari but not in Mac Safari is most likely a result of API implementation differences, arguably you could say that the Windows APIs are less secure in their implementation. Apple still need to fix the security holes however, it's just something you need to deal with when having software running on Windows.

    10. Re:Hardly surprising by neuroklinik · · Score: 1

      You know, when making comments about the law, you really should preface your statements with something akin to, "I am not a lawyer." I mean, it's obvious you're not a lawyer, but... CYA, and all that, right?

    11. Re:Hardly surprising by BinLadder · · Score: 1

      Ok have anyone noticed that "Bonjour" little thingy??? Why is it installed without my knowledge? (Not that I dont know its use...) but I believe it is a bigger intrusion than proposing Safari as updates! They Include Quicktime but they say so don't they? while is here no mention that there is this little application as well? what will drive you crazy is when you will try to uninstall it it will require shutting down all the running application including Firefox and some other unexpected applications (the list is really long and sacry) !!!!! Does the FOx need Bonjour? Does Norton 360 need Bonjour? F*** NO!!!! Screw apple!

    12. Re:Hardly surprising by Shados · · Score: 1

      Considering iTune does little to nothing (at least in the problematic parts) that do not have documented, working ways of doing it, I doubt there's a lot. Plus, Windows != Mac: if I tried to do things the Windows way on Mac, things would get weird (and if I remember well, it does happen with Office, and formerly IE on Macs...so I'm not saying MS is any better). Apple is just fairly hard headed.

      Of course, not having the source code to iTune, I also may be talking out of my ass...but 2 of the problematic behaviors Ive seen (and were very visible when Vista came out, since obviously, broken ways of coding stuff has a higher risk of breaking with a new OS...happens a lot in the Mac world too):

      1) handling of the ipod as a mass storage device. This one is a bit like what you said: Apple insisting oon having things work "its way". All hell breaks loose if you deviate from the iTune UI and do it the way you're supposed to in Windows. That has been mostly fixed since then, but it still has very weird behavior.

      2) Handling of the songs on the file system/ipod for DRM purpose. This one is very glitchy, and well, DRMs in general tend to be "sneaky and underhanded", so I'm not suprised. But Apple's way of handling it makes Windows Media Player look like a saint.

    13. Re:Hardly surprising by myz24 · · Score: 1

      If they didn't install it you'd piss and moan that iTunes can't find other iTunes shares.

      I'm surprised Bonjour hasn't been used to more success by other software vendors.

    14. Re:Hardly surprising by Anonymous Coward · · Score: 0

      http://apple.slashdot.org/comments.pl?sid=501456&cid=22880708

      you gonna repost this again in another hundred posts or so?

    15. Re:Hardly surprising by elrous0 · · Score: 1

      Why, do you expect me to change my mind?

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    16. Re:Hardly surprising by elrous0 · · Score: 1

      Are you responding to me or the little dude that has been dispensing legal advice on your shoulder since you ate your roommate's green brownies?

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    17. Re:Hardly surprising by wideBlueSkies · · Score: 1

      I installed itunes/quicktime in a XP vmware image that I use especially for soft/crapware that I like to use but don't trust.

      Problem solved.

      --
      Huh?
  28. some comments by nguy · · Score: 3, Informative

    I think you should seriously consider Ubuntu: for all those things that people usually use a Mac Mini for (music, video, photos, web browsing, text processing, Skype, etc.), it's actually probably a better choice. Ubuntu supports more audio, video, and file formats, it's easier to keep updated, and all the applications are preinstalled. Oh, and Ubuntu will talk just fine to your iPod, and unlike iTunes, will let you copy both to and from the iPod.

    (I have a Mac Mini, an iMac, and several iPods, but I now mostly use my Ubuntu systems for everything)

    1. Re:some comments by bnenning · · Score: 1

      On the third hand, the Mac mini itself makes a fine Ubuntu system, especially if you're specifically looking for an SFF box. Depending on configuration a Koala might be cheaper, but if the mini is updated soon it should reclaim the advantage.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    2. Re:some comments by Anonymous Coward · · Score: 0

      Ubuntu - Easier to keep updated ... unless you've done anything that's not in the default install, like install Java, or nVidia drivers. Then it will fail to upgrade completely. Leaving you with the Windows-esque option of wiping and reinstalling. Oh, I guess it has a recovery install, maybe I should try that, but my experience with Ubuntu (as someone who has used Linux for over 10 years) is that the closer Linux gets to desktop readiness, the more things that aren't quite right or that are really important to do reliably become apparent. Like that reality canyon thing in computer generated graphics.

      If you buy a Mac Mini, then Mac OS X is the best option, it works. iTunes works, and you can install Perian and/or VLC anyway. You get all the unixy niceness under an interface that is actually well designed in terms of usability. Updates do "just work" without needing mumbo jumbo. It won't leave you with a blank screen every 20 boots because it's doing a fsck (I didn't think that Linux was still stuck in the 90s file system wise, but Ubuntu 7.4 certainly is) but doesn't want to tell you, leaving you really fucking puzzled and worried that something has broken.

      I certainly wish I hadn't installed Ubuntu now. Oh, yeah, I loved having to hack the wireless support in because it wasn't supported, and I love the fact that the wireless system in Linux is so broken by design that if you reboot the router, you have to reboot the damn computer because it is quicker than faffing around with that horrible iwconfig in conjunction with ifconfig, and there's no easy GUI to sort things out that a desktop OS should have.

      I still prefer it to Windows though.

  29. Re:I already have this update... by Dak+RIT · · Score: 2, Informative

    You're free to do one yourself if you want, since Safari's engine, WebKit, is open-source. It's kind of odd though that a "rip off" of Firefox would be scoring so much higher than it on the Acid3 (100/100 now as of the latest nightly), and (compared to FF2) on Acid2.

    You must not come here much, do you?

  30. Re:I already have this update... by BobMcD · · Score: 1

    How many digits are in your id again?

    hehe

  31. in related news... by pohl · · Score: 1

    The WebKit rendering engine has reached 100/100 on Acid 3.

    --

    The "cue the foo posts in 3, 2, 1..." posts will commence with no subsequent foo posts in 3, 2, 1...

  32. Nobody reads them by Zelos · · Score: 3, Funny

    Proof that nobody reads EULA, not even the people that write them?

    More likely, some tired programmer just copied the string resource across from another project without checking it.

  33. I think you're missing the point though by hassanchop · · Score: 1
    It's not about my ability to read the EULA.

    Apple sends you the software, that if you install on a Windows box, will violate it's own EULA.

    They're giving you something that, when you use it for the purposes Apple would like you to, still violates it's own EULA.

    If there was then surely Apple are in the 'clear', as you can run Windows on an Apple and so it's not their fault that you installed something that you shouldn't technically have done.


    No. They sent it to ME, I did not request it. I did not ask for it, it was part of the iTunes update, which was a decision on Apple's part.

    Now, I'm not "blaming" Apple for anything, because it's just a silly oversight, but they screwed up by sending it to people who neither requested it nor were able to use it legally.
    1. Re:I think you're missing the point though by IBBoard · · Score: 1

      No. They sent it to ME, I did not request it.

      I've not used iTunes for ages, and never enabled its update feature, so I don't know if it has an "auto-update and auto-accept the updates" feature, but if they said "here's an app, do you want it?" and you okayed the update then you did request it. They sent you the notification of availability, or the 'offer', but they didn't send you the app.

      Also, it was bundled with a QuickTime update (that was, admittedly, pushed through an updater that is installed by iTunes), so it wasn't actually an iTunes update.
  34. Thre real question is, who would win? by WindBourne · · Score: 1

    I am guessing that if our current set of laws has something to say about it, that apple will lose. Big.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  35. GPL Violation? by lky · · Score: 3, Interesting

    IANAL but....

    The offending section seems to have an even bigger issue in it.

    It reads:
    B. Certain components of the Apple Software, and third party open source programs included with the Apple Software, have been or may be made available by Apple on its Open Source web site
    (http://www.opensource.apple.com/) (collectively the "OpenSourced Components"). You may modify or replace only these OpenSourced Components; provided that: (i) the resultant modified Apple
    Software is used, in place of the unmodified Apple Software, on a single Applelabeled computer; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms
    governing use of the OpenSourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Apple
    Software.
    You expressly acknowledge that if failure or damage to Apple hardware results from modification of the OpenSourced Components of the Apple Software, such failure or damage is excluded from
    the terms of the Apple hardware warranty.
    ---

    Now, one of the open source components used in Safari was/is Khtml which is licensed under the GNU LGPL. Now this clause allows you to modify & use the open source components ONLY if you use them on a single system (assuming the apple-labeled part has been fixed as i've heard).

    1. Re:GPL Violation? by lky · · Score: 1

      Oops hit submit when I meant preview....comment continued.

      Now isn't this limitation a violation of the LGPL? Or am I reading too much into it?

  36. Re:Actually by jtev · · Score: 2, Funny

    You mean, like.... Ummm.... I'm thinking here.... Windows Media Player for mac? That would be the sort of vindictive thing that would be awesome for MS to do in my not so humble opinion. Bonus points if they "forget" to fix their licence, and say that it has to be run under windows.

    --
    That which is done from love exists beyond good and evil
  37. Bootcamp? by HUKI365 · · Score: 1

    I run a Bootcamped MacBook in Vista 98% of my time. Its an Apple labelled machine, and thus surely that is within the EULA to use Safari?

    1. Re:Bootcamp? by INeededALogin · · Score: 1

      I run a Bootcamped MacBook in Vista 98% of my time.

      worst of both worlds. good luck with that.

  38. Terminal services and imaging by MacColossus · · Score: 1

    Yes, even a guy with the handle maccolossus will join in the Apple bashing games. If you read the license agreement it also states it can only be installed on one computer at a time. So far for including Safari in my Windows lab images. It also states it can't be made available over a network to be used by more than one person at a time. So if you turn your mac mini's into a thin clients connected to a windows terminal server and more than one is using Safari from the terminal server you're "BREAKING THE LAW! BREAKING THE LAW!"

  39. License issue already fixed by leamanc · · Score: 1

    Come on guys, this was a bad cut-n-paste job when drafting the EULA for the Windows version of Safari, and you know it.

    It has already been fixed.

    --
    :q!
    1. Re:License issue already fixed by _Shad0w_ · · Score: 1

      It's not really a copy and paste issue, it's an "oops, we forgot to update the EULA to take in to account the fact that we're now pushing to non-Apple branded PCs as well". Or possibly "we forgot to copy the new copy of that EULA into the source repository".

      --

      Yeah, I had a sig once; I got bored of it.

    2. Re:License issue already fixed by whitehatlurker · · Score: 1
      This seems like another nail in the coffin of the legality of these licenses. If the "agreement" can be changed so easily by one party without the knowledge or consent of the other party (parties), can this really be considered any kind of binding contract?

      I mean, here, [scribble scribble] I've changed my copy of the EULA to say Apple may owe me favours or money for running their browser. Is that legal?

      (I've used their Windows version since the first beta came out, though not as my first or even second choice.)

      --
      .. paranoid crackpot leftover from the days of Amiga.
  40. Found 'em by GameboyRMH · · Score: 3, Funny

    They're all over the place:

    - Stuck to the back glass of pickups
    - Stuck to the back glass of poorly maintained econo-cars
    - Stuck to teenage girls' bedroom/dorm doors
    - Stuck to teenage girls' binders and backpacks

    Good luck getting them back...

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  41. Misleading Title by gratemyl · · Score: 1

    What a misleading title:

    > Safari 3.1 For Windows Violates Its Own EULA, Vulnerable To Hacks

    This sounds like "Safari 3.1 For Windows" is "Vulnerable To Hacks" which "Violates Its ... EULA" - which is of course totally wrong.

    But yeah, this is /.

    --
    hackerkey://v4sw5/7BCHJMPRUY$hw3ln3pr6/7FOP$ck6ma8+9u6L$w4/7CGUXm0l6DLRi82NCe3+9t5Sb7HMOPRen5a17s0DSr1/2p-3.62/-5.23g3/5
  42. Re:I already have this update... by RaNdOm+OuTpUt · · Score: 0

    They have a lower ID than you, what's your point?

    --
    13. Any legal action is absolutly excluded. (Pi World Ranking List rules)
  43. Apple quietly changes Safari Windows license by MacColossus · · Score: 1

    http://www.macnn.com/articles/08/03/27/safari.license.changed/ While the Mac license remains unchanged, the Windows license has been altered from "allows you to install and use one copy of the Apple Software on a single Apple-labeled computer at a time" to "allows you to install and use one copy of the Apple Software on each computer owned or controlled by you." The revision date on the license is March 26th.

  44. Re:I already have this update... by Fenice · · Score: 2, Informative

    To be more precise, the html rendering engine (webkit) is based on khtml, which is the konqueror (default) built-in rendering engine.

    And whatever we can say about konqueror/safari, this branch of engines is generally considered to be well designed and standards compilant (khtml passed acid2 tests before gecko).

  45. All that stuff is unimportant... by LLKrisJ · · Score: 1

    ...because Safari gets a 98 on Acid3!!! whiiiiii

    So don't be a killjoy y'all

  46. cut-and-paste? by Comboman · · Score: 1

    It's hard to believe that a (supposedly) legally binding contract is cut-and-pasted by a programmer rather than being carefully drafted and approved by a lawyer. Actually, it's not hard for me to believe, but may be hard for people who think EULAs are legal contracts to believe.

    --
    Support Right To Repair Legislation.
  47. Re:Actually by not+flu · · Score: 1

    Quick Time pro bugging, anyone? To be fair QT is the same shitty nagware on OS X that it is on Windows. Also your (however intentional) misspellings of "Mac" and "Apple" are childish and stupid.
  48. Security Vulnerabilities by Frankie70 · · Score: 1

    Most of the discussion seems to be around the EULA & not the vulnerabilities.
    Or have the fanboys modded down any comment about the vulnerabilities?

    1. Re:Security Vulnerabilities by Lars+T. · · Score: 1

      Most of the discussion seems to be around the EULA & not the vulnerabilities.
      Or have the fanboys modded down any comment about the vulnerabilities?
      Nope, the other hatebois only read the headline.
      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

  49. "offering" by "default" by jpellino · · Score: 1

    someone wanna 'splain the bad part of this incongruous charge?

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  50. About these "vulnerabilities" by skribble · · Score: 1

    Did anyone actually explore these? It's fun to poke fun of the EULA, but most people who toss around the vulnerability stuff probably don't understand it. The spoofing issue is silly in that if the "trusted" site is really trusted, then they likely wouldn't insert javascript to open an exploitative frame in a window with their address. (BTW... the originators code is mess, in fact his example of this alleged flaw doesn't work.)

    The other "vulnerability" throws an exception, as it should, rather then allow an exploitation of Windows inability to deal with long filenames gracefully. Again... Safari could handle the exception more gracefully, but there is no vulnerability here.

    Nothing to see here... so let's make fun of the EULA

    --
    --- Nothing To See Here ---
  51. A buffer overflow? In 2008? Seriously? by pyrbrand · · Score: 5, Interesting

    Man, they're not even trying are they? This day an age, not only is there no excuse to ship with such a basic flaw, there's really no excuse to be programming in a fashion that would allow it. It's so easy to audit for basic overflows (at least on Windows) that it's silly. Even just compiling /GS with VC++ should protect you against a lot. Seriously, people give MS a bad rap these days, but any exploit you're going to see in their software these days usually takes advantage of complex system interactions or odd exception throwing.

    Apple should take a serious look at their coding practices and consider banning the use of unsafe CRT functions and using _s versions of any C functions their using (Visual C++ has them and they're part of the next standard) or at a minimum requiring audits of all raw pointers. Static analysis tools should also be mandatory and should catch most issues.(http://www.spinroot.com/static/)

  52. Please excuse my ignorance... by Anonymous Coward · · Score: 0

    The first is due to an improper handling of the buffer for long filenames

    But why isn't it possible for this sort of bug to be found automatically?

  53. 0.5 billion users??? by 4D6963 · · Score: 2, Interesting

    500 million users of iTunes, really? 12% of the world population that has access to electricity, are you sure?? How many computer users are there even really out there anyways? And how the hell would you know how many single users for a program you have out there any bloody way? And why on Earth am I seemingly the only one out here this figure made cringe?

    --
    You just got troll'd!
  54. Tell me about it! by MacDork · · Score: 1

    Apple software is sneaky, aggressive, and not to be trusted.

    I installed Leopard and it took over my entire system! Worse, if I try to uninstall OS X, my powerbook would be so non-functional, it would need to be booted from a disk!!! Can you believe that crap?

  55. Microsoft-Apple, Apple-Microsoft by JoeCommodore · · Score: 1

    As a long time Mac user I have seen witnessed long second rate standing with MS products on Apple Hardware, backed by good (for marketing) intentions but never coming of to well.

    I guess this is turnaround, Apple Software on Windows hardware. ...though this wasn't the beginning, you can look to Quicktime, ClarisWorks/AppleWorks for that, but that one was done better.

    --
    "Enjoy what you're doing! If it becomes drudgery, you're doing it wrong!" - Jim Butterfield
  56. "Untrusted" sites by tholomyes · · Score: 1

    "There are currently no patches or workarounds available except the advice to stay clear of 'untrusted' sites."

    So, just stop using the internet, basically? Honestly, if you're worried about someone exploiting vulnerabilities of your web browser in any scenario, you're probably careful of where you're browsing or you've got some protection (A/V, HIPS, or whatever). Abstinence is always safest, but if you're going to browse the torrents, use protection.

    --
    When did the future switch from being a promise to a threat? -C. Palahniuk
    1. Re:"Untrusted" sites by pandrijeczko · · Score: 1
      You know that and I know that, true. But someone who is not knowledgeable enough to make an intelligent decision about whether or not to install Safari alongside iTunes and just click default settings, then they're probably not knowledgeable enough to recognise phishing sites or to not browse dangerous sites.

      Apple doing this with Safari is entirely irresponsible - just as Microsoft, Red Hat, SuSE, etc. would be if they did the same thing.

      --
      Gentoo Linux - another day, another USE flag.
  57. Apple Update Sucks! by Nom+du+Keyboard · · Score: 2, Insightful
    I already have good enough reason to feel Apple's whole approach to update sucks!

    All I want to do is update QuickTime on my XP box. I need it because of the .mov and .qt files it won't play otherwise. QT tells me there's a new update I must install, but the ONLY WAY Apple will provide me this update with bundled with iTunes which I DON'T HAVE and DON'T WANT!

    It's never a good idea to install software you have no need for (I'm one of the remaining 27 people in the world without an iPod), don't want (the software, or the iPod), and don't know how avoid without just not updating in the first place.

    Why the hell does Apple think I need an iTunes update just to update their buggy QT?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Apple Update Sucks! by petermgreen · · Score: 1

      http://www.apple.com/quicktime/download/ seems to offer me options both with and without itunes.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    2. Re:Apple Update Sucks! by Creepy+Crawler · · Score: 1

      I'd use iTunes but I cannot. I have a media server with a lot of goodies on it (think 100+gigs music, 1.2TB movies).

      iTunes crashes when it tries to parse my server. Each time.

      --
    3. Re:Apple Update Sucks! by VGPowerlord · · Score: 1

      Apple Update offers updates to both QuickTime and iTunes + QuickTime. As someone who only has Safari installed, I can show you that it offers both.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    4. Re:Apple Update Sucks! by Nom+du+Keyboard · · Score: 1

      Nice, except that my automatic update screen doesn't offer this option. Only QuickTime + iTunes is offered. And if you look at some of the other examples on the net (http://www.channelregister.co.uk/2008/03/26/apple_safari_eula_paradox/) you'll see update screens that won't update QuickTime without updating iTunes.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    5. Re:Apple Update Sucks! by VGPowerlord · · Score: 1

      That particular article implies that they already have iTunes installed, so of course it would only offer the iTunes + QuickTime update.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  58. Re: "It" has begun... by WaltFrench · · Score: 2, Funny

    Considering ... the aggressive way their software "takes over" your computer...

    Good Lord! Apple has hacked Windows' security so it lets Apple software mod the Registry to determine which app starts when you double-click a URL?

    They're more malicious than I could ever have imagined!!! Soon, all these machines will be filled with all the spyware, viruses, trojans and etc that Apple is notorious for hosting!

    --
    "Inquiring Minds Want to Know!"
  59. The EULA is fixed now by Anonymous Coward · · Score: 0

    Now it says you can use one copy on "any computer owned or controlled by you."

    at least, that's close to what it says. The EULA's PDF doesn't let you copy from it, apparently.

  60. I agree by huckamania · · Score: 1

    The important thing is how did they score on the ACID2 test? Do they handle XSS correctly or not at all? I want my happy face with the blinky nose, not security.

  61. Good Catch by alcmaeon · · Score: 1

    A naturalist is -

    Not a naturist or nudist.


    Good catch. I just started to write the same thing when I saw your post.

  62. I did a similar but easier prank by Anonymous Coward · · Score: 0

    back in the nt4 days, I logged on to one of the big clunky nt4 servers and got a dos prompt, did alt-enter and faked a novell login. good fun!

  63. It was a mistake. The EULA has been updated by vallette · · Score: 1

    Here's the updated version: http://images.apple.com/legal/sla/docs/SafariWindows.pdf Move along, nothing to see here.

    1. Re:It was a mistake. The EULA has been updated by richdun · · Score: 1

      Also notice that the original EULA said only "Safari," while the updated one says specifically "Safari for Windows." This could have been a mistake on the part of whoever thought they found this in the first place (they clicked on the wrong Safari license, as the one pictured on the Italian site linked by The Register is identical to the Mac Safari license), though having been updated yesterday kinda points to Apple fixing things.

    2. Re:It was a mistake. The EULA has been updated by owndao · · Score: 1

      Would someone with mod points please mod up the parent as, yes, the EULA was updated/corrected on March 26. Thanks.

      --
      Be as you would have the world become.
  64. Re:It has not begun... by alfredo · · Score: 1

    They have updated the EULA

    New EULA

    Apple has quietly changed the licensing terms of the Safari web browser, reports indicate. While the Mac license remains unchanged, the Windows license has been altered from "allows you to install and use one copy of the Apple Software on a single Apple-labeled computer at a time" to "allows you to install and use one copy of the Apple Software on each computer owned or controlled by you." The revision date on the license is March 26th.

    --
    photosMy Photostream
  65. A buffer overflow? In 2007? Seriously? by argent · · Score: 2, Insightful

    Seriously, people give MS a bad rap these days, but any exploit you're going to see in their software these days usually takes advantage of complex system interactions or odd exception throwing.

    That's because Microsoft's "Active Content" security model, introduced in 1997, pretty much created the 'complex system interactions' vulnerability ecosystem. Before then the whole idea that an application that displayed untrusted content would provide a path for that content to execute code with full local user privileges was inconceivable. It was a joke, literally, the basis for the joke "Good Times" virus hoax was the idea that there would EVER be a way for an embedded virus to be launched automatically by email software.

    Microsoft has its own problems with buffer overflows, for example this recent one, but if they only had buffer overflow issues there wouldn't be the kind of virus problem there is now. Because when you fix a buffer overflow you're fixing a bug. When you fix a 'complex system interaction' problem, you can't usually fix the underlying cause because there's other legitimate software that depends on that cause... so all you can do is add new checks. Which means that variants of the original exploit, possibly using a different avenue of approach to the underlying vulnerability, still remain.

    So Microsoft is between a rock and a hard place. Every check they add has the possibility of breaking legitimate content. So instead of preventing the dangerous interaction, they pop up a dialog and ask the user if they really meant to do whatever caused the dangerous interaction to happen. Which pisses users off, and trains them to answer "yes" to "I'm about to do something stupid and dangerous" dialogs.

    When web comics about fuzzy animals are making fun of this problem, you know things are getting bad.

    CATS wants to execute 'setupbomb42.dll'. As a result you may have no chance to survive make your time. Allow (yes) (no)?

    And the really annoying thing is that Firefox (with XPI install through the browser) and Safari (with 'open "safe" files after downloading') have started to follow Microsoft's path of setting users up the bomb and then popping up a dialog asking if they want to detonate. Luckily Apple finally turned 'open "safe" files' off by default, but they've kept the 'set us up the bomb?' dialogs anyway.

  66. Does it become the default browser....? by Joce640k · · Score: 1

    DOes this thing hijack your machine and become the default? I've seen other installations (e.g. Quicktime) so I'm guessing the answer is "Of course, why would we bother otherwise?" but I really don't know (and I'm not going to try it and see).

    One thing is installing some unwanted software. Making it the default takes it to a whole new level. If Apple did that to me I'd remove any/all Apple products from everything I touch until the day I die.

    --
    No sig today...
    1. Re:Does it become the default browser....? by ArsenneLupin · · Score: 1

      If Apple did that to me I'd remove any/all Apple products from everything I touch until the day I die.

      Me too... I'd install banana products instead!

  67. Entirely off-topic but worth the karma hit by ari_j · · Score: 1

    I finally, after seeing your sig line around fairly often, got around to clicking on it. I am a long-time myopia sufferer, to the extent that I'm not convinced I'd recognize family members at the dinner table if I didn't wear my contacts or horribly out-of-style glasses. Your story is inspiring - good luck getting your third eye replaced. :)

    1. Re:Entirely off-topic but worth the karma hit by sm62704 · · Score: 1

      Actually the "third eye" is the contact lens on the eye that didn't have the cataract surgery. They call you "four-eyes" because of your corrective lenses, but I'm "three eyes" because I now only need one corrective lens. I don't even need reading glasses with the new IOL, and I'm 56. They're not going to replace the IOL, which replaces the focusing lens when you have cataract surgery. What happened was that I have a detached retina in the eye with the implant in it.

      As you have severe myopia you should be warned that you are in danger of retinal tears and retinal detachment as well, as the shape of the myopic eyeball is a cause of a torn or detached retina. If your vision changes suddenly get to your doctor or hospital as soon as possible!

      Also, you can have your eyes permanently corrected by an IOL implant, which replaces your eye's natural crystaline lens; they remove the natural lens and replace it with the IOL. No more myopia, but insurance won't cover it if you don't have cataracts, and if you get the new CrystaLens for a cataract insurance won't cover the extra cost.

      If your retina does tear, after it's repaired by a laser you will likely suffer from cataracts. You will then need an IOL (Intra-Occular Lens). If so, get the CrystaLens, it's worth the extra money! Although I'm beginning to understand that my outcome was far better than most. Even with a standard old fashioned IOL you still shouldn't need glasses for distance vision, although you will for reading.

      If your retina detaches they have to go inside the eyeball with needles and other instruments and do a vitrectomy.

      Thanks for the comment. Dr. Odin is out of town so I saw another doctor yesterday, I'll find out Monday when I see Dr. Odin when I have to get the vitrectomy. Interestingly, both retinologists (Dr. Odin and Dr. Dodson) told me my vision in that eye will be even better than it was before, and it was better than 20/20 already after the cataract surgery!

      A technician took a test on the eye yesterday with something that looked like it was from STNG, but I had to laugh at a poster on his wall. "Retinator 3 - Rise of the machines" with a photo of burning computer equipment. The caption underneath said "do what you can to make them mad!"

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    2. Re:Entirely off-topic but worth the karma hit by ari_j · · Score: 1

      I was referring to your contact lens as your third eye, as I was under the impression from your journal post that you intended to get your other eye surgically enhanced, as well, in the future. Hence replacing your third eye, or at least obviating it. :)

  68. No problemo... by NotQuiteReal · · Score: 1
    I think the EULA is just a mistake and believe they will correct it

    They can just push an automatic opt-out update to fix it.

    --
    This issue is a bit more complicated than you think.
  69. Font designers concerned, too by PancakeMan · · Score: 1

    Font designers are also concerned about the uncontrolled redistribution and frightening aesthetics that will result from Safari's new ability to include fonts within the HTML.

  70. None of which addresses the point by hassanchop · · Score: 1

    Why even offer it if it's illegal for me to use it? Jeez you fanboys...

    1. Re:None of which addresses the point by IBBoard · · Score: 1

      Fanboy? I don't use iTunes, I don't know if a feature is available, I run Fedora Linux, and I'm a fanboy? Wow, there's a contortion of logic and reasoning.

      As I said somewhere else, maybe they offered it because their updater can't tell the difference between Windows on Mac and other Windows, it just knows (and only cares that) it's a Windows updater rather than an OS X updater?

      Or, alternatively, 1) someone cocked up, 2) they're planning on changing the EULA, or 3) Windows on Mac and Windows on PC use the same update source and this is the first time that it has potentially caused a 'problem'.

  71. It is ridiculous; but not farfetched. by fuzzyfuzzyfungus · · Score: 1

    Now, I fully agree that Apple would never try the "sue them for installing the update we pushed" tactic, it just isn't in their interests, you are unfortunately mistaken about how successful such a suit might be. http://en.wikipedia.org/wiki/Monsanto_Canada_Inc._v._Schmeiser If Monsanto can grind a guy into the ground because their GM strain contaminated his crop, I would not be so willing to dismiss the possibility of Apple having a case here, if they wanted one.

  72. The Onion predicted this in October!! by Anonymous Coward · · Score: 0

    The Onion was right on the money back in October!! Check out their prediction. Unbelievable.

  73. And? by Anonymous Coward · · Score: 0

    You joke implies as if it (IE) is a bad thing. At least on Windows (XP and Vista) Apple is shit compared to IE7 which is shit compared to FF. Opera is probably with FF there.

  74. Troll? by E+IS+mC(Square) · · Score: 0, Offtopic

    How the fuck is this troll? Oh.. I see. It compared Apple to Microsoft. Blasphemy!

  75. Congratulations.. by Anonymous Coward · · Score: 0

    Congratulations, IBBoard. You have just been nominated. Steve Jobs said in an interview that "Yes. we have nominated IBBoard for the 'biggest fanboy of the year' presidential award. When it comes to sucking my dick, he is just awesome."

    Any comment from you on this honor? How long have you been doing this? How do you keep you edge over other competitors?

  76. Cheap Shot by whitehatlurker · · Score: 1
    some new, not-ready-for-primetime version of IE gets installed and is set as your default browser.

    That happens every time I buy a Windows computer. How did you know?

    --
    .. paranoid crackpot leftover from the days of Amiga.
  77. Go for old iriver... by Anonymous Coward · · Score: 0

    Look for old iriver h320/340/h10 - sure it may look old, but miles better than the ipod crap when it comes to functionalities and performance. And my four years old h320 is going as strong as ever. Now only if they release the P10 soon...

  78. Why? by koan · · Score: 1

    A serious question, why would anyone on windows want to use Safari?

    --
    "If any question why we died, Tell them because our fathers lied."
  79. Safari can run in a sandbox, too, without Vista by emil · · Score: 1

    I regularly use RunAs to run Safari as a separate restricted user to insulate me from any defects in it's design.

    It will run this way even on Windows 2000 with 3.0.3 (the last version that ran on 2000). It will even run as the Guest user, which has even less power than a restricted user.

    I am surprised that Apple a) didn't build this Safari to run this way all the time, and b) doesn't support 2000 in the latest releases.

    If I need to browse the web as an administrator, I think the safest way to do so is with Safari and RunAs.

    1. Re:Safari can run in a sandbox, too, without Vista by Anonymous Coward · · Score: 0

      With RunAs you are still running the software within a user context. Even if that user context is Guest it is still wide-open compared to Protected Mode.

      Through UAC/MIC/UIPI IE7 in Vista is constrained to an extremely tight environment where the only place it can write is to the temporary cache folders. Protected Mode blocks UI interaction to prevent shatter attacks and fails on nearly all system calls except those which are handled through a broker which requests user permission.

      The Protected Mode APIs are published under Vista. It would be beneficial for the Firefox, Opera and Safari teams to consider supporting it.

  80. Ok, I didn't really expect a decent reason by hassanchop · · Score: 1

    Fanboy? I don't use iTunes, I don't know if a feature is available, I run Fedora Linux, and I'm a fanboy?


    If the "I defend Apple for dumb decisions, to the point of logical absurdity" t-shirt fits...

    As I said somewhere else, maybe they offered it because their updater can't tell the difference between Windows on Mac and other Windows


    Then that would place the totality of the blame squarely on them.

    The truth is I'm done with this. I only replied to you to stress how ridiculous it is that you think it's the end user's fault in any way for being actively solicited to install and use a piece of software by the company who makes the software, only to find out that the software is illegal.

    You did nothing to disabuse me of that idea.
    1. Re:Ok, I didn't really expect a decent reason by IBBoard · · Score: 1

      If the "I defend Apple for dumb decisions, to the point of logical absurdity" t-shirt fits...

      What if the "I can see the legal and technical view point and there is (legally if not logically) an EULA for a reason" fits? I never said anything about defending Apple, just that from a legal point of view then it isn't necessarily cut and dry as they do provide you with a way to say "oh, I shouldn't be using this".

      Then that would place the totality of the blame squarely on them.

      Perhaps, or partly on them for not differentiating and partly on the user for accepting an EULA that they're technically breaking.

      The truth is I'm done with this.

      That's a shame. You seemed like you might have reasonable arguments when you actually researched the EULA that stood up in court and then you suddenly went and had paddy about me being "a fanboy".

      I'm not saying it's entirely the end user's fault, after all there will be an assumption that they can use what is suggested, but from a legal standpoint there's a definite "well you could have read the conditions and you didn't, so ignorance of a condition is not a defence" position.
  81. Lame... by Anonymous Coward · · Score: 0

    Lame excuses. What about their pushing the browser to UNSUPPORTED OS?

    This gets better and better. This UNWANTED installation which violates its OWN EULA fails on Windows 2000. Check it out here: http://blogs.zdnet.com/hardware/?p=1621.

    Now what's your point on that one?

  82. Pisses me off by jgoemat · · Score: 1

    This is the second time I've had to uncheck the update and click 'Quit' to avoid having this crap on my computer. No means "no"!

    1. Re:Pisses me off by Dak+RIT · · Score: 1

      Unchecking it and clicking 'quit' is equivalent to just clicking 'quit'. The checkbox is only applicable if you actually click 'install'.

      This has the effect of basically saying "not now", although the update is still remembered and you'll be reminded of it the next time Software Update is set to automatically run (or you manually run it yourself).

      If you want to tell it to ignore a particular update/installation forever, go to the "Tools" menu and select something equivalent to "Ignore this Update" (sorry, I have my language set to Chinese right now so I'm not sure what the correct translation should be... anybody care to help me out there?).

      Apple's UI philosophy generally requires the user to take an affirmitive action (that includes a verb) to make change something. Just changing a checkbox by itself won't change a setting, unless there's a button you click afterwards that's related (for example, "Save", or "Install"). It might take a little bit of getting used to if you use Windows a lot, but I tend to prefer the consistency it offers on the Mac side, compared to the ambiguity I sometimes see on Windows (sometimes changing a checkbox in a dialogue results in a change, sometimes I have to click "Apply" or "OK" in order for that change to take effect).

      Hope this helps.

    2. Re:Pisses me off by jgoemat · · Score: 1

      Thanks, I'll check that out. It doesn't seem right though that they should keep trying to force you to install new software until you find a specific option in the tools menu to stop it. Installing new software should be disabled by default, you should have to specifically select that you wish to install the new software.

  83. Re:Apple Update Sucks! NOT A GOOD OPTION by Nom+du+Keyboard · · Score: 1

    http://www.apple.com/quicktime/download/ seems to offer me options both with and without itunes.

    This option seems to involve uninstalling and reinstalling QT each time. Not a nice little Check for Updates option to stay current with the latest version.

    Any other suggestions?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  84. wrong by Anonymous Coward · · Score: 0

    I'm really tired of this kind of bullshit coming from people like you. I run OS X and Ubuntu at home, and I also have installed both for family members.

    OS X is a shitload of work to install and maintain; the idea that it "just works" is a myth created by Macintosh nerds who are out of touch with real users.

    While Ubuntu still has some warts, compared to OS X, it is considerably easier to install, use, and maintain, even for non-experts. Even my mother has had no problems installing new software on it, and she never has to worry about compatibility, malware, or anything else doing so.

    Ubuntu - Easier to keep updated ... unless you've done anything that's not in the default install, like install Java, or nVidia drivers. Then it will fail to upgrade completely.

    Both Java and nVidia drivers are part of the regular Ubuntu distribution, and they upgrade just fine.

    If you buy a Mac Mini, then Mac OS X is the best option, it works. iTunes works, and you can install Perian and/or VLC anyway.

    Unfortunately, a Mac Mini doesn't "just work". It requires a lot of work to track down, install, and maintain things like Perian and VLC. You are really a nerd and out of touch with real users if you think that someone like my parents can track down and install Perian and VLC on OS X. They have had no trouble, though, going to Applications > Add / Remove... on Ubuntu and installing software they liked.

    It won't leave you with a blank screen every 20 boots because it's doing a fsck (I didn't think that Linux was still stuck in the 90s file system wise, but Ubuntu 7.4 certainly is)

    Again, you don't know what you're talking about. The default file system is ext3, a journaling file system and does not require fsck.

    Updates [on OS X] do "just work" without needing mumbo jumbo

    Updates on OS X do not "just work". The regular patches sort of work, but they only cover the OS and a few Apple apps. Any actual OS upgrade (e.g., 10.4 to 10.5) usually breaks a lot of third party stuff. And when it comes to third party applications, you're own your own.

    Oh, yeah, I loved having to hack the wireless support in because it wasn't supported, and I love the fact that the wireless system in Linux is so broken by design that if you reboot the router, you have to reboot the damn computer because it is quicker than faffing around with that horrible iwconfig in conjunction with ifconfig, and there's no easy GUI to sort things out that a desktop OS should have.

    Again, that's bullshit. Ubuntu supports an enormous range of wireless cards. And there's a very easy GUI for configuring it: just click on the wireless/network indicator in the desktop, or go to Administration > Network.

    I've had problems with wireless with all my PowerBooks and MacBooks: poor range, incompatibilities with some access points, incorrect default associations, and lots more. Bad wireless support on OS X was one reason for switching to Ubuntu for me.

  85. Hmm, interesting. by pavon · · Score: 1
    My first thought was that this was okay, since "Apple Software" only referred to the proprietary software, and not the "OpenSource Components". In that case it would only restrict the use of the modified LGPL code when it is used in conjunction with their proprietary code. In otherwords, it wouldn't restrict the use of the LGPL code at all, just reiterate that the proprietary code that it is linked against still has all the same restrictions even if you swap-out the LGPL libraries with modified ones. However, looking closer at the license:

    1. General. The Apple and any third party software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Apple Software") are licensed, not sold, to you by Apple Inc. So it appears as thought the "OpenSourced Components" are included in the definition of the "Apple Software", and thus this could be interpreted as placing restrictions on their use that is in contradiction with the terms of the LGPL. Of course, if it ever went to trial the inevitable outcome would be that this section would be nullified or interpreted according to my first paragraph.
  86. Violating an EULA HOWTO by bartyboy · · Score: 1

    Can someone please explain to me how software could possible "violate its own EULA" (even theoretically, not necessarily restricted to this case)?


    Yes. The software bends the EULA over and has its way with it. Repeatedly, without consent.
  87. Re:Actually by Kalriath · · Score: 1

    I think he's the counterpart to the Microsoft section's "twitter", who cannot seem to spell Windows or Microsoft (or even MS). There's one for the Linux section too, who constantly spells "Linux" as "teh lunix"

    --
    For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  88. Stop claiming you're not a fanboy, it's sad now by hassanchop · · Score: 1

    I never said anything about defending Apple, just that from a legal point of view then it isn't necessarily cut and dry as they do provide you with a way to say "oh, I shouldn't be using this".


    Except it is and you're wrong. Your arguments ALL fail.

    You seemed like you might have reasonable arguments when you actually researched the EULA that stood up in court and then you suddenly went and had paddy about me being "a fanboy".


    Sorry, you were acting like one. You still are.

    I'm not saying it's entirely the end user's fault,


    Two things here. One, it's not in ANY WAY WHATSOEVER the end user's fault, your arguments are all vacuous and not worth further rebutting. Second, your total inability to make any type of intelligent analysis of the subject means I stopped caring about what you're saying.

    but from a legal standpoint there's a definite "well you could have read the conditions and you didn't, so ignorance of a condition is not a defence" position.


    No there isn't. That point has been refuted several times, and you apparently haven't bothered to read the refutations because you keep posting the same failed arguments.

    You don't have any points, your logic is crap, and your position is wrong and stupid.

    Stop repeating the same ridiculous crap just because you're not smart enough to realize why you're wrong.
    1. Re:Stop claiming you're not a fanboy, it's sad now by IBBoard · · Score: 1

      Wow, even if I've not had any April Fools pranks to laugh at (and with it being 13:30 in the UK then I shouldn't get any now), that response got a smirk!

      Thank you for proving that people can't leave topics alone, even when they say they will and when their returning argument is "this is all pointless and doesn't merit a response" :D