Creative Backs Down on Vista Driver Debacle
In the wake of last week's driver debacle, Creative has finally decided to back down for PR purposes. Modder Daniel_K, author of the offending Vista drivers, has had his posts on the Creative forums reinstated. According to Creative the move was to avoid infringing on other company's IP. "Daniel_K is incensed by Creative. 'They publicly threatened me, just to show their arrogance,' he told El Reg by email. He told us that Creative contacted him on a chat session. 'They were sarcastic, ironic and asked me if I wanted something from them, as if I were expecting something,' he wrote. 'It was my protest against them and would like to see how far it would go.'"
modded illegally by the community!
The way Creative publically handled the situation was so stupid they deserve the continued bad publicity.
I'm sure "SlashdotMedia" will improve on all the wonders that Dice Holdings blessed us all with
Given that NVidia is getting nailed with a class action lawsuit because of handicapped drivers, I have to wonder if Creative's withdrawal is less a product of PR and more of fear that they could be put in a similar court situation. I mean, punishing someone because they release un-crippled versions of your drivers kind of spotlights your company for having crippled drivers in the first place - the basis of the nvidia case.
Umm, Creative's HQ was based in California. The EULA Creative had on those driver was NULL AND VOID by California. Daniel had EVERY right to modify the software as he saw fit. I pointed this out to Creative's Lawyers, and they capitulated VERY FAST.
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
They just grate on my nerves, saying that their drivers are hung up in the Vista approval process. I'd say that they are just buying time to release new products so they can make more profit off of NEW product instead of spending cash on support for old. The pattern shows in the forums as well as their support pages.
I've seen more than a few companies simply bypass vista's certification process and release their updates, with instructions on how to circumvent Vista security checks. Good for them, bad for vista.
First rule of holes; When in one, stop digging.
Care to explain how constitution, or a constitutional law of Daniel_k's states prohibits him from distributing patches to Creative's drivers, provided that he neither distributes patched drivers directly nor do the patches contain Creative's copyrighted code in excess of fair use amount needed for interoperability.
Now, it's possible that Daniel did not release his work properly, but he sure has "powers" to modify Creative's code.
That's not how copyrights work. By default, you have no right to do anything with someone else's copyrighted work. It's only through a license agreement that you have any right to even use Creative's code. If the EULA is entirely null-and-void, then there's nothing else that gives you right to use it. Note that certain portions of an EULA wouldn't necessarily hold up in court (technically, they could say that you must sacrifice your firstborn on the Temple of Sho'ka'rei, but that doesn't mean it'd hold up in court), however there has to be something that gives you the right to use it.
Mind you, that all means nothing in the court of public opinion. While Creative might have had the legal right, their actions made them look like senseless bullies. It would have been far more productive to give the guy a job and release his changes officially.
Not a typewriter
While I respect his skills, Daniel_K didn't actually write replacement drivers that did things Creative couldn't...he reverse engineered the existing drivers and patched out the OS level checks, or he swapped parts of code from other drivers into play, to enable features that were specifically disabled by Creative. He then made those modified, repackaged drivers available, which is a big problem for Creative, and the reason why they tried to shut Daniel_K down.