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Would You Die To Respect a Software License?

Julie188 writes "Some 2,000 licenses cover the 230,000+ projects in Black Duck's open source knowledge base. While 10 licenses comprise 93% of the software, that leaves 1,980-odd licenses for the other 3% — and some of them have really crazy conditions. The Death and Repudiation License, for instance, requires the user to be dead."

233 comments

  1. Hell No ! by lord_rob+the+only+on · · Score: 3, Funny

    Even if I like a software to be free as in freedom, I respect a software developer to do whatever with his software

    1. Re:Hell No ! by Anonymous Coward · · Score: 0

      I won't even register with a valid email address, so why should I die? That's like, you know, a lot more effort then sending an email.

    2. Re:Hell No ! by mjwx · · Score: 1

      Even if I like a software to be free as in freedom, I respect a software developer to do whatever with his software

      There are and needs to be more stringent restrictions on what can be put in a license agreement. Right now you could sign away your first born with my Primary Recombinant DNA Acquisition license but I'd be SOL when I came to collect.

      License often carry unreasonable terms for the licensee and no responsibility for the licenser. I think that licenses should be standardised (as in ISO) and have varying levels so that people can rapidly identify the restrictions of the license, for example the GPL would be a level 0 license with no restrictions, MS would be about a level 5 with a few restrictions and the likes of Apple and AutoCAD and ESRI who require specific hardware and place specific limits on what you can do would be a level 10. This should be prined on 3 sides of the box including the front so the purchaser knows full well what they are getting into before buying the product.

      Outside of this, the developer has two choices, release under an approved license or don't release. Holding people to obscure licenses like the MS and Apple EULA's (Even the GPL has a bit too much legalese in it) that most people wouldn't be able to understand is wrong.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    3. Re:Hell No ! by Lorens · · Score: 1

      the GPL would be a level 0 license with no restrictions

      In your dreams. Methinks you haven't actually read the GPL. Compare it to public domain (that would be level 0), and to BSD [234]-clause (say levels 1,2...).

      That apart, it's a nice idea. Like if the FSF or GNU published a list of FOSS-compliant licenses. Doing the same for commercial software would at least let you avoid reading the ultra-small print, and maybe even strengthen the argument of the copyright holder.

    4. Re:Hell No ! by Anonymous Coward · · Score: 0

      I'm sorry, but software is less than an inanimate object and I wouldn't kill my hardware to respect a software licence, let alone my wetware.

      People take precedence over property, physical or intellectual. Such a licence would probably be illegal in most countries with legal systems based on British law.

  2. Math license by pluther · · Score: 5, Funny

    Which license redefines math so that 1980 + 10 = 2000, and taking 93% leaves only 3% remaining?

    --
    If the masses can keep you down, you're not the Ubermensch.
    1. Re:Math license by sheph · · Score: 1

      It's the new math.

      --
      I don't believe in karma, I just call it like I see it.
    2. Re:Math license by El_Muerte_TDS · · Score: 1

      The Sonny Bono License.

    3. Re:Math license by Bigjeff5 · · Score: 1

      Welcome to New Math! Where any answer is the right one!

      Way to go Jimmy!

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    4. Re:Math license by sharkey · · Score: 2, Insightful

      It was submitted by "Julie188". Perhaps this is only proving that girls are bad at math? Or maybe being sexist and trying to make girls look dumb makes timothy feel like a man?

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    5. Re:Math license by Anonymous Coward · · Score: 0

      An obvious error on your part. You just forgot to do a metric conversion.

    6. Re:Math license by Nazlfrag · · Score: 1

      The Microsoft Excel EULA of course.

    7. Re:Math license by Jesus_666 · · Score: 1

      Remember that many usernames are of the format . Julie was clearly using a non-Y2k-compliant algorithm to determine her username, which gave the result we see since Julie will be born in 2088. And I have to say that 100 - 93 = 3 is impressively close for someone who won't even be conceived for another 78 years.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    8. Re:Math license by Anonymous Coward · · Score: 0

      Poetic license?

    9. Re:Math license by Ralz · · Score: 0

      That's numberwang!

      --
      I am a leaf on the wind, watch how I soar.
    10. Re:Math license by swampfox66 · · Score: 1

      Seems right to me. It says, "...the top 20 (cover) almost 97%..." of 2000 projects. So what remains is 3% of projects and 1980 licenses.

    11. Re:Math license by jonadab · · Score: 1

      Let's see how many of those top 20 I can guess...

      GPL, LGPL, BSD, MIT, X11, Artistic, MPL, Apache, Sun, GPL3, CC share-alike, CC attribution, CC non-commercial share-alike, public domain, 4-clause BSD, 2-clause BSD. That's sixteen right there, and I bet they're all in the top twenty and include at least nine of the top ten. How far off am I, and which four did I miss?

      --
      Cut that out, or I will ship you to Norilsk in a box.
    12. Re:Math license by Anonymous Coward · · Score: 0

      Hah, epic fail!

  3. It's not news, it's Slashdot by Luke+has+no+name · · Score: 4, Insightful

    Slow day.

    1. Re:It's not news, it's Slashdot by MrEricSir · · Score: 5, Funny

      Here's some more ideas:

      Would you smell a nasty fart to prevent terrorism?
      Would you give up your ability to see if it meant you could time travel?
      Would you listen to an entire Britney Spears album if it could bring about world peace?

      --
      There's no -1 for "I don't get it."
    2. Re:It's not news, it's Slashdot by Red+Flayer · · Score: 5, Funny

      Aw, come on, most of those are easy to pick. How about something that strains our decision engines a little bit?

      -- Would you take a job as Steve "Monkeyboy" Ballmer's toe-cheese extractor if it meant Microsoft would publish only via OSS licenses?

      -- Would you take a position as Steve "Tyrant" Jobs' fashion consultant if it meant Apple would open up the app store?

      -- Would you lick Stallman's neck and armpit if it meant GNU/Hurd became a complete, usable, modern kernel?

      These are the type of choices that would keep me up at night.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    3. Re:It's not news, it's Slashdot by Anonymous Coward · · Score: 0

      Answers:

      Yes
      Yes
      NO

    4. Re:It's not news, it's Slashdot by oldhack · · Score: 2, Insightful

      Fuck world peace.

      --
      Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    5. Re:It's not news, it's Slashdot by Godji · · Score: 1

      No, no, and.... hmmmm.... fuck no.

    6. Re:It's not news, it's Slashdot by Hurricane78 · · Score: 1

      You owe me a meal and a bottle of brain bleach for that written Goatse/PainSeries.
      Please mod down.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    7. Re:It's not news, it's Slashdot by Godji · · Score: 1

      I have no idea what toe-cheese is, but intuition tells me I should resist.

    8. Re:It's not news, it's Slashdot by DigiShaman · · Score: 1

      Would you listen to an entire Britney Spears album if it could bring about world peace?

      Britney's albums are hardly what I would call "music", and the concept of world peace is the antithesis to human nature. Regardless, it's par for the course.

      --
      Life is not for the lazy.
    9. Re:It's not news, it's Slashdot by grcumb · · Score: 4, Funny

      -- Would you take a job as Steve "Monkeyboy" Ballmer's toe-cheese extractor if it meant Microsoft would publish only via OSS licenses?

      I suppose it would be a worthy sacrifice.

      -- Would you take a position as Steve "Tyrant" Jobs' fashion consultant if it meant Apple would open up the app store?

      I am willing to expend my life in pursuit of turtlenecks if it means Openness for all.

      -- Would you lick Stallman's neck and armpit if it meant GNU/Hurd became a complete, usable, modern kernel?

      No! Not in a thousand lifetimes, no! What do you think I am, you sick twisted fuck?!?

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    10. Re:It's not news, it's Slashdot by Anonymous Coward · · Score: 0

      Would you lick Stallman's neck and armpit if it meant GNU/Hurd became a complete, usable, modern kernel?

      Deal.

    11. Re:It's not news, it's Slashdot by Frigo · · Score: 0

      > -- Would you lick Stallman's neck and armpit if it meant GNU/Hurd became a complete, usable, modern kernel?

      I would spend days and nights to finish GNU/Hurd just to get a taste of Stallman's delicious armpit!

    12. Re:It's not news, it's Slashdot by Anonymous Coward · · Score: 0

      The first two are easy, but the third one's a false choice: you can also fork and do it yourself.

    13. Re:It's not news, it's Slashdot by Anonymous Coward · · Score: 2, Insightful

      Would you listen to an entire Britney Spears album if it could bring about world peace?

      Depends, is "world peace" defined as "all humans exterminated" and is the Spears album the delivery method of said destruction?

    14. Re:It's not news, it's Slashdot by Red+Flayer · · Score: 3, Funny

      The first two are easy, but the third one's a false choice: you can also fork and do it yourself.

      Where did you get an Instant Adult (tm) cloning device? I thought they were sold out?

      I personally lack the replicator necessary to fork Stallman and lick him myself.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    15. Re:It's not news, it's Slashdot by Dekker3D · · Score: 1

      that's wise. anything from beneath the waist tends to not be food. at least not for it's own species.

    16. Re:It's not news, it's Slashdot by selven · · Score: 1

      Microsoft to publish their source code under OSS licenses? So you want Steve Ballmer's toe cheese to not only be smelled by you but also to proliferate throughout the entire internet?

    17. Re:It's not news, it's Slashdot by Bigjeff5 · · Score: 4, Funny

      -- Would you lick Stallman's neck and armpit if it meant GNU/Hurd became a complete, usable, modern kernel?

      Would get Stallman to finally shut up? If so, I'd definitely consider it.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    18. Re:It's not news, it's Slashdot by Anonymous Coward · · Score: 0

      -- Would you take a job as Steve "Monkeyboy" Ballmer's toe-cheese extractor if it meant Microsoft would publish only via OSS licenses?

      Am I allowed to use tweezers, or do I have to do it bare-handed?

      -- Would you take a position as Steve "Tyrant" Jobs' fashion consultant if it meant Apple would open up the app store?

      Are you kidding? I'd do that for a living wage. "Here's another turtleneck, Steve. I'm going on break."

      -- Would you lick Stallman's neck and armpit if it meant GNU/Hurd became a complete, usable, modern kernel?

      Ugh, why? So we can have two?

    19. Re:It's not news, it's Slashdot by interval1066 · · Score: 1

      Fantastic. MrEricSir is my new god.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    20. Re:It's not news, it's Slashdot by Anonymous Coward · · Score: 0

      Oh, just laugh for once in your miserable jaded life, already.

    21. Re:It's not news, it's Slashdot by C0vardeAn0nim0 · · Score: 1

      you, sir, owe me a new keyboard, plus a case of hard liquor to remove the mental image of someone licking RMS's armpit from my brain

      --
      What ? Me, worry ?
    22. Re:It's not news, it's Slashdot by ignavus · · Score: 1

      -- Would you take a position as Steve "Tyrant" Jobs' fashion consultant if it meant Apple would open up the app store?

      That's easy. I could write a program to do that!

      #include <stdio.h>

      int main() {
              printf("Ah, Mr Jobs. Try the black skivvy - I am sure you will like it.\n");
              return 0;
      }

      --
      I am anarch of all I survey.
    23. Re:It's not news, it's Slashdot by retchdog · · Score: 2, Informative
      --
      "They were pure niggers." – Noam Chomsky
    24. Re:It's not news, it's Slashdot by shutdown+-p+now · · Score: 1

      Would you lick Stallman's neck and armpit if it meant GNU/Hurd became a complete, usable, modern kernel?

      C'mon now, asking for someone to sacrifice his life for a cause, even as worthy as that, is too much!

    25. Re:It's not news, it's Slashdot by Anonymous Coward · · Score: 0

      You'll have to do it in Objective C

    26. Re:It's not news, it's Slashdot by hairyfeet · · Score: 2, Informative

      Well here is a nice video of RMS (or should that be GNU-RMS?) dining on some fresh toe cheese so watch and make up your own mind.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    27. Re:It's not news, it's Slashdot by Anonymous Coward · · Score: 0

      That IS in Objective-C.

    28. Re:It's not news, it's Slashdot by Anonymous Coward · · Score: 2, Insightful

      God. What has been seen cannot be unseen. That should be the new goatse.

    29. Re:It's not news, it's Slashdot by Jesus_666 · · Score: 1

      Would you take a position as Steve "Tyrant" Jobs' fashion consultant if it meant Apple would open up the app store?

      Hell yes. Especially if I get paid for the job. After all, it entirely consists of me saying "just wear a black turtleneck and a pair of jeans" once a day.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    30. Re:It's not news, it's Slashdot by Anonymous Coward · · Score: 0

      [quote]No! Not in a thousand lifetimes, no! What do you think I am, you sick twisted fuck?!?[/quote]
          so there is a chance on your 1001st life, Stallman waits for you with a stable Herd.

    31. Re:It's not news, it's Slashdot by Anonymous Coward · · Score: 0

      Could I sell the toe cheese to RMS to eat?

    32. Re:It's not news, it's Slashdot by Anonymous Coward · · Score: 0

      The first 2 were no brainers, but your third question has been stumping me for 15sec at least.

    33. Re:It's not news, it's Slashdot by Anonymous Coward · · Score: 0

      Would you take a position as Steve "Tyrant" Jobs' fashion consultant if it meant Apple would open up the app store?
        - Hell yeah! Ladies and gentlemen, I present you Steve Jobs in... sailorfuku, ... kimono, ... bikini, ... a lacy frilly dress, ... gothloli style, ... nekomimi mode, ... china dress, ...
      Here, I'll pass you the mind's eyeball bleach.

  4. Brrraaaiiinnnnsss by Great_Moloko · · Score: 1

    First they eat brains, now zombies are using computers, next zombie lolcats!

    1. Re:Brrraaaiiinnnnsss by Bigjeff5 · · Score: 1

      That Death and Repudiation license is awesome. I wish I actually published software so I could use it, that's one hell of a mind-fuck.

      The only way to use the software is if you are dead (there is an allowance to have your heirs carry out your uses for you), and if you follow the terms of the license it will be repudiated at a time deemed most likely to screw your heirs over.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    2. Re:Brrraaaiiinnnnsss by wxjones · · Score: 1

      And this differs from Microsoft how? Oh yeah, you get to keep your soul.

      --
      My SIG is a P226
  5. Who put the Idle story in the News bin? by LostCluster · · Score: 3, Insightful

    If a software license exists, and no software is written that is available under the terms of that license, does it merit discussion on Slashdot?

    It looks to me as somebody set up a site to create a gallery of TOSes so software writers can get some ideas... but then the site got attacked by the typical forum trolls took over and we get a comedy site as the end result. This belongs to Idle next to news from The Onion.

    1. Re:Who put the Idle story in the News bin? by sznupi · · Score: 1

      No software? I'm dissapointed...

      Seems like a decent fit for grave / graveyard info screens, embedded software used for some equipment required for transplants, controlling the morgue, etc.

      --
      One that hath name thou can not otter
    2. Re:Who put the Idle story in the News bin? by Flea+of+Pain · · Score: 2, Interesting

      Although would it be possible for this license to have close to an applicable use? Ie. Software for dealing with funeral expenses. You can only use it if you are dead, and being dead gives leave for your family to access the software license only. If you aren't dead, then they or you are breaking the terms of the license. Just a thought, obviously the terms of excessive punishment may need to be edited.

      --
      Do not argue with an idiot. He will drag you down to his level and beat you with experience.
    3. Re:Who put the Idle story in the News bin? by AvitarX · · Score: 1

      You missed the fine print, where they cancel it and come after everyone.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  6. Severability by Spazmania · · Score: 2, Insightful

    I believe a court would find that clause unenforceable and sever it from the rest of the contract.

    --
    Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    1. Re:Severability by sheph · · Score: 1

      Well you'd hope so, but given some of the decisions coming down now days I'd say counting on common sense might be pushing your luck.

      --
      I don't believe in karma, I just call it like I see it.
    2. Re:Severability by Saroful · · Score: 1

      I would argue that it is enforceable as long as the copyright owner asks the court for specific performance of the terms of the license.

    3. Re:Severability by Lunix+Nutcase · · Score: 1

      I believe a court would also find that you lack any sense of humor. The D&R license is a joke.

    4. Re:Severability by Spazmania · · Score: 1

      No, really?

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    5. Re:Severability by Xtifr · · Score: 1

      Only if it was unconditional. If (as with most free software licenses) it was conditioned on actions that would ordinarily violate copyright, the court might simply ignore the clause as irrelevant (and probably whimsical*), and rule that you're guilty of copyright violation. In fact, as with the GPL, it's unlikely that the license would ever be mentioned in court, since the plaintiff has a straightforward copyright violation case, and the defendant can't claim to be dead and thus protected from prosecution by the license.

      * "You may ignore my copyrights on this code as long as you're dead" is pretty easy to interpret as "you may not ignore my copyrights". Similar grants of license to High Elves, Cephalopods, or natives of the planet Ferenginar would likely have the same result. Claiming that the "as long as you're dead/elven/octopoid/Ferengi" clause can simply be severed, and the license interpreted as "you may ignore my copyrights" is quite a stretch.

    6. Re:Severability by Anonymous Coward · · Score: 0

      It is?! Well, that sucks. Looks like I'll be relicensing all of my software...

    7. Re:Severability by Anonymous Coward · · Score: 0

      yep, seriously.

    8. Re:Severability by nedlohs · · Score: 1

      So?

      It's still offered as license. Since it's offered as an option with a BSD license it doesn't really matter, but if the software was actually valuable and other license more restrictive making such a joke could end up costing you when someone tries to get a court to strip bits out and just leave "you can have it all"...

    9. Re:Severability by Anonymous Coward · · Score: 0

      Without a severability clause, a good lawyer should be able to get the whole contract voided over the one non-enforceable clause.

    10. Re:Severability by Spazmania · · Score: 1

      Yes, but I don't *want* the whole contract voided and in ambiguous cases contracts writing by one party in which the other had little or no ability to negotiate are construed against the author...

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    11. Re:Severability by Anonymous Coward · · Score: 0

      No they wouldn't. It's quite clear that you have to be dead in order to use the software, and if you're not dead, you can't. If you distribute the software, you're quite clearly in breach of contract and guilty of copyright infringement.

  7. Quip on Contracts by Improv · · Score: 4, Insightful

    The "freedom to encumber" works is like the "freedom to punch someone" ... They are both 'freedoms' that only exist at the expense of others.
                    -- Gregory Maxwell, discussion on licensing

    --
    For every problem, there is at least one solution that is simple, neat, and wrong.
    1. Re:Quip on Contracts by JesseMcDonald · · Score: 5, Insightful

      That would be a good description of copyright, and thus copyright licenses, but not contracts in general. The terms of a contract are merely conditions which you require to be met before you will voluntarily give the other party some of your property, which you are in no way obligated to do. No matter what the terms may be, they impose no expense on others; one is always free to ignore the offer should one find the terms unpalatable. Licenses are similar, but the copyrights which give licenses their power are artificial social-engineering constructs which only exist at the expense of others.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    2. Re:Quip on Contracts by Improv · · Score: 4, Insightful

      Fair, although contract law has recognised certain topics where contracts are not free for good reason - situations of some sorts are considered generally either coercive or one-sided enough that the public good is ill-served by the absence of some (or significant regulation). Landlord-tenant law is one example, although English common law has accumulated a long list of other circumstances and remedies to specific abuses, many of which we've kept in the US.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    3. Re:Quip on Contracts by Anonymous Coward · · Score: 0

      artificial social-engineering constructs
      Since social-engineering itself is an artificial construct you are saying that artificial artificial constructs only exist at the expense of others?

    4. Re:Quip on Contracts by phantomfive · · Score: 1

      Who on earth is Gregory Maxwell, and is there any reason we should care what he says? I can't find that quote on the internet, other than where you said it right there.....

      --
      Qxe4
    5. Re:Quip on Contracts by Improv · · Score: 1

      The point of quips are that they state a position succinctly and with charm, not that they rely on the authority of the person who said them. I could tell you who he is, but it doesn't really matter.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    6. Re:Quip on Contracts by JesseMcDonald · · Score: 1

      I recognize that modern contract law has (incorrectly and unjustly, IMHO) rendered certain kinds of contractual terms void. However, even if such terms were fully enforceable they would still be nothing like the "freedom to punch someone" referred to in the Gregory Maxwell quote.

      I don't know about serving "the public good"—that isn't really the purpose of contracts, at least not directly—but no mere contractual term is ever truly coercive per se. Somewhere along the line the idea came about that because someone really wants something, it is somehow coercive to place conditions on giving it to them (even though you aren't required to give it to them at all). I obviously reject this notion; coercion is force, and only force. I recognize only two legitimate conditions on contracts: both (all) parties must understand and voluntarily[1] agree to the terms to which they will be bound, and neither (no) party may actively deceive the other(s) to obtain their agreement (i.e. commit fraud). Everything else goes.

      [1] voluntarily: of their own free will; the precise opposite of being threatened by the other party with force: violation of any of their property rights, including self-ownership.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    7. Re:Quip on Contracts by Improv · · Score: 1

      Many of us support the use of force to serve the public good, and feel that the public good is in fact the whole point of government and society.

      I see where you're coming from though - there's a number of ways to think about the goals/purposes of these things.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    8. Re:Quip on Contracts by oatworm · · Score: 1

      Things start to get tricky, even from a libertarian/(min/an)archistic standpoint, when you're in either a monopolistic or monopsonistic environment (i.e. the number of buyers or sellers is constrained) or any other circumstance under which you're in a position where there's a clear imbalance of power.

      For example, in a fully free market (one in which there are no constraints on contracts), all landlords want maximum rents with minimal investment. Now, in theory, some landlords would become slumlords while other landlords would run nice, well-maintained places at reasonable rents - those who behaved nicely would have tenants while those who didn't would not. Trouble is, in many housing markets, housing is constrained, either due to resource shortages (water, usually) or geography (too many mountains, too wide of a river, can't build any higher, etc.). In these markets, any quantity of housing will be consumed, regardless of condition - consequently, a landlord will fill their units whether they charge reasonable rents or not, whether they assume basic maintenance or not, whether they keep their rent rates stable or not, whether they respect their tenants' privacy or not, and so on. Most urban areas discovered this the hard way in the early 20th century, which led to a ton of legislation meant to curb the worst of the abuses; some of it (limits on what a landlord can enforce in a rental contract) worked better than others ('hard' rent controls).

      Another, more apocryphal but potentially more illuminating example, would be if there was only one grocery store in a remote town and it required all shoppers to register with it as part of a "Buyer's Club" before shopping there. One of the conditions of the "Buyer's Club" contract is a clause that forbids the shopper from shopping at another grocery store for a fixed period (say, five years). Since the store is the only source of groceries in this town, you either must "consent" to these onerous terms, albeit strongly under duress, or you must possess the resources and education necessary to produce sufficient food for yourself and your family. If you try to start a competing grocery outlet, you won't have customers - all of your potential customers were effectively forced to agree to avoid your store under penalty of law.

      The goal of modern contract law, at least as far as reform goes, is to make sure that both parties going into a contract are on equal footing, meaning they both share the same capacity to benefit from the contract and the same ability to avoid entering a contract if they find it to be too onerous. If I have to do business with you in order to survive (have food on my table, have a roof over my head, get to work, etc.), there's no good free market reason why you wouldn't maximize your benefit from any dealings with me, nor is there anything I can do about it.

      Sounds awfully coercive to me.

    9. Re:Quip on Contracts by JesseMcDonald · · Score: 1

      Many of us support the use of force to serve the public good, and feel that the public good is in fact the whole point of government and society.

      I would not really disagree with either of those statements. However, in my considered opinion the initiation of force against non-aggressors never serves the public good. The purpose of government may indeed be to serve the public good, but I feel its fundamental nature as a legitimized aggressor can only serve to undermine that purpose.

      I am not a utilitarian; I do not believe that it is possible to weight the benefits to some against involuntary costs imposed on others. The obvious corellary is that the only situation where the public good can be known to increase (ex ante, of course) is the one where all interaction is voluntary; the presence of any externalized cost whatsoever has the potential to completely nullify all possible benefit.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    10. Re:Quip on Contracts by Improv · · Score: 1

      It's not only utilitarians who consider such weighings - various principled philosophies do as well. Any concept of duty that's not wholly negative requires it. It sounds like your perspective is somewhere in the Libertarian-Objectivist spectrum - mine is somewhere in the Academic-Socialist spectrum - I suspect we're not going to see eye-to-eye on what you'd call coercion. To me, autonomy is one thing that's important for human happiness and well-being but it's something I'd sacrifice in certain structured ways for other goods. To you, I suspect a structured autonomy based on property, rights, and a certain conception of nonviolence and initiation is foundational and defines your idea of the public good.

      Naturally, different foundations of a worldview lead us to rather different conclusions. I suppose we could have the usual back-and-forth, but having had a number of arguments with libertarianism, I've heard it all before and it pretty much inevitably slides down into those foundations which arn't really attackable using tools of philosophy. This is really more about the basic ways we see the world than it is the high-level conclusions about contracts :)

      Best wishes.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    11. Re:Quip on Contracts by JesseMcDonald · · Score: 1

      I already responded to all of this in the GP comment:

      Somewhere along the line the idea came about that because someone really wants something, it is somehow coercive to place conditions on giving it to them (even though you aren't required to give it to them at all). I obviously reject this notion; coercion is force, and only force.

      "Really want" includes things you think you need for survival: food, shelter, work. No one is obligated to provide you with any of that; if they choose to offer it to you they have an absolute right to impose whatever conditions they want. Of course you are free to reject their conditions, but they are equally free to keep their property.

      Tempering that somewhat, note that I consider contracts to only include transfers of alienable property. In other words, the contract can specify a performance bond, but the choice to act or not remains yours; your will is inalienable. In your store example, customers could agree to pay an arbitrarily high fee if they shop elsewhere, but would not be prohibited by law from actually shopping at other stores. The practical difference is small, but it does exist.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    12. Re:Quip on Contracts by clarkkent09 · · Score: 1

      Things start to get tricky, even from a libertarian/(min/an)archistic standpoint

      Libertarian viewpoint which places liberty as the highest value is completely incompatible with the anarchistic viewpoint because liberty cannot exist in an anarchy, so those terms don't belong in the same sentence, never mind separated by a / as if they are two sides of the same coin.

      Trouble is, in many housing markets, housing is constrained, either due to resource shortages (water, usually) or geography (too many mountains, too wide of a river, can't build any higher, etc.). In these markets, any quantity of housing will be consumed

      Because people can't move?

      Most urban areas discovered this the hard way in the early 20th century, which led to a ton of legislation meant to curb the worst of the abuses

      Most of that legislation produced unintended bad effects such as the condition of the properties being generally worse while the rent price being higher in the rent controlled areas than in non-rent controlled areas.

      Another, more apocryphal but potentially more illuminating example, would be if there was only one grocery store in a remote town and it required all shoppers to register with it as part of a "Buyer's Club" before shopping there. One of the conditions of the "Buyer's Club" contract is a clause that forbids the shopper from shopping at another grocery store for a fixed period (say, five years).

      Apocryphal (i.e. spurious) is a good word for it. Can you find a single example where that has happened and if not why not? Because you cannot prosper in a free market by effectively declaring a war on your customers and generating so much ill will that any competitor entering the market will immediately take all your customers away. What you are really talking about is the same thing everybody talks about when they attack free market - the fear of monopoly. Yet, historically, almost all true monopolies that ever existed were created in one way or another by government regulation.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    13. Re:Quip on Contracts by JesseMcDonald · · Score: 1

      Libertarian viewpoint which places liberty as the highest value is completely incompatible with the anarchistic viewpoint because liberty cannot exist in an anarchy ...

      On the contrary, liberty cannot exist except in anarchy. Simply put, government is legitimized aggression; that is the only trait which distinguishes it from other private organizations, such as co-ops. Liberty is the absence of aggression. The libertarian viewpoint is that aggression (initiation of force against a non-aggressor) is never legitimate. The libertarian society can only be anarchistic; if it had a government then it would be endorsing aggression, and thus not libertarian.

      A fully libertarian society may turn out to be impractical (although I obviously don't think so), but liberty without anarchy is a contradiction.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    14. Re:Quip on Contracts by mjwx · · Score: 1

      That would be a good description of copyright, and thus copyright licenses, but not contracts in general.

      "Contracts in general" is a really bad description of software licenses. Contracts are rarely one sided and almost always negotiated between parties. More over they require express consent in the form of a signature to be valid. A software license is never negotiated, has no responsibilities for the vendor and uses implied consent (shrink wrap Eula, press F8, click I agree). Most contracts define the responsibility of the vendor, a software license is used for a vendor to get out of responsibility.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    15. Re:Quip on Contracts by Improv · · Score: 1

      Maybe absolute liberty without anarchy is a contradiction, but that presumes that you have a society absent of people that would impinge whatever notion of liberty you have (presumably a society that is culturally deeply anarchosocialist or anarchocapitalist).

      I'd rather people either balance whatever structured and predictable coercion they're likely to get from the state against whatever they think they're going to get from society, or more ideally decide that some amount of coercion that's mostly predictable and generally for good reasons is an inevitable part of getting other things they value more than absence of coercion.

      Maybe they'd come even closer to my view and consider the things people buy with money as privileges that are granted by society in return for presumably serving society through work, with the understanding that excessive amounts of privilege will be scaled back should others have more pressing needs. I'm not bothered much by taxes (even as I make well above the national average) because I think that by and large the taxes I pay go to good purposes. I see them as a duty, and think it'd be selfish to press for more luxury for me in the form of lower taxes.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    16. Re:Quip on Contracts by clarkkent09 · · Score: 1

      Well I think what we mean by "libertarian" is not very well defined and this is why it is commonly confused (at least I think that is the appropriate word) with anarchism. The difference is that what I call libertarian or classical liberal view of the government is as an umpire, protecting individual liberty by monopolizing the use of force in a way that is governed by objective laws (see Hayek, Rand, Friedman, Smith, Mises, Bastiat, etc etc) while the anarchist viewpoint is that the government should be removed altogether. Frankly, I wish that the anarchists would simply start calling themselves anarchists instead of libertarians because what you believe is not within the tradition of libertarian thought and was denounced by all the ladies and gentlemen I mentioned above, especially Ayn Rand http://aynrandlexicon.com/lexicon/anarchism.html

      --
      Negative moral value of force outweighs the positive value of good intentions.
    17. Re:Quip on Contracts by clarkkent09 · · Score: 1

      that presumes that you have a society absent of people that would impinge whatever notion of liberty you have (presumably a society that is culturally deeply anarchosocialist or anarchocapitalist)

      That wouldn't work either because even in an imaginary society like that you would have honest disagreements between people and you will need an impartial arbiter.

      I'd rather people either balance whatever structured and predictable coercion they're likely to get from the state against whatever they think they're going to get from society, or more ideally decide that some amount of coercion that's mostly predictable and generally for good reasons is an inevitable part of getting other things they value more than absence of coercion.

      That doesn't answer anything and just leads you around in circles. What if you prefer more coercion and more "goodies" from the government (that's what you are really talking about when you say "society", right?) while I prefer less coercion and less goodies. How do you deal with the inconvenient people like me in achieving your preferred society? By coercion?

      Maybe they'd come even closer to my view and consider the things people buy with money as privileges that are granted by society in return for presumably serving society through work, with the understanding that excessive amounts of privilege will be scaled back should others have more pressing needs. I'm not bothered much by taxes (even as I make well above the national average) because I think that by and large the taxes I pay go to good purposes. I see them as a duty, and think it'd be selfish to press for more luxury for me in the form of lower taxes.

      Wow, so from each according to his ability, to each according to his need, huh? That worked out really well wherever it was tried. That if you consider famine, dictatorship, mass murder, slavery, and denial of the human nature and crushing of the human spirit to be a good thing.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    18. Re:Quip on Contracts by dkf · · Score: 1

      I recognize that modern contract law has (incorrectly and unjustly, IMHO) rendered certain kinds of contractual terms void. However, even if such terms were fully enforceable they would still be nothing like the "freedom to punch someone" referred to in the Gregory Maxwell quote.

      The main thing that modern contract law restricts is the ability to enter into agreements to do illegal things. No contract can require you to do anything that is against the law, no matter how much the other parties (and you) want you to. That covers Gregory Maxwell's case: there is no freedom to assault someone, as it is illegal and no contract can change that. Licenses are different though, since the law there is written so that people other than the owner of the thing being licensed (software, music, a book, etc.) have no rights to it by default; permission has to be sought. Whether or not you agree with that, that's the legal situation. And that means Maxwell's statement is BS, at least in terms of the law. (Morally is entirely different; I'm not even going to try to tackle that.)

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    19. Re:Quip on Contracts by Improv · · Score: 1

      I'd rather ...
      That doesn't answer anything .. What if you prefer more coercion and more "goodies" from the government (that's what you are really talking about when you say "society", right?) while I prefer less coercion and less goodies. How do you deal with the inconvenient people like me in achieving your preferred society? By coercion?

      It's not substantially different in argumentitive form from your value statements, and I would answer similarly to you were we to reverse the phrasing - of course I would have the state use force to meet its ends. That's its job. Just as you would presumably have the libertarian state use force to prevent me from going out on my own to do these tasks - states defend the forms on which they're founded against people acting on different norms (one type of crime). There are all sorts of ideals people might chase, from Sharia compliance to the modern state, and you can generally expect that anyone who enforces a system that isn't the way society presently works will eventually find the use of force levelled against them.

        Maybe they'd come even closer to my view and consider the things people buy with money as privileges that are granted by society in return for presumably serving society through work, with the understanding that excessive amounts of privilege will be scaled back should others have more pressing needs. I'm not bothered much by taxes (even as I make well above the national average) because I think that by and large the taxes I pay go to good purposes. I see them as a duty, and think it'd be selfish to press for more luxury for me in the form of lower taxes.

      Wow, so from each according to his ability, to each according to his need, huh? That worked out really well wherever it was tried. That if you consider famine, dictatorship, mass murder, slavery, and denial of the human nature and crushing of the human spirit to be a good thing.

      As a code of personal morality and philosophy, it works quite well. As an economic system, it stands up pretty well to the ugliness of various capitalist systems we've seen throughout history - whatever the economics, brutality is very likely, and building a virtuous society takes more than a concern about how finances work. There are specific reasons for where the failures of the various socialisms in practice (where it failed - social democracy as a movement has done quite well, but it might not entirely count) ocurred, and there are things that can be avoided. Some of this is philosophical, some of it is cultural, some of it is steering of a movement. A commitment to reasonable pluralism, discarding dialectical materialism, and liberal values goes a long way. Also, when we set the bar as high as capitalism as a system has and really eye that fairly, it's not that daunting a task.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    20. Re:Quip on Contracts by Kirijini · · Score: 1

      if there was only one grocery store in a remote town and it required all shoppers to register with it as part of a "Buyer's Club" before shopping there. One of the conditions of the "Buyer's Club" contract is a clause that forbids the shopper from shopping at another grocery store for a fixed period (say, five years).

      Can you find a single example where that has happened

      Something similar is known as a company town and there are hundreds of examples.

      in many housing markets, housing is constrained... In these markets, any quantity of housing will be consumed

      Because people can't move?

      Often not.

      1) see above about company towns.
      2) people have to live near where they work. The poorer you are, the more this is true. Living somewhere cheaper is not feasible when you can't afford a car and the associated costs.

    21. Re:Quip on Contracts by Kirijini · · Score: 1

      I don't know about serving "the public good"—that isn't really the purpose of contracts, at least not directly

      No, that's the purpose of contract law and policy. Because contracts are private agreements between parties, they do not, and need not, necessarily serve the public good. But in the aggregate, the public good can (can) be diminished when a party with substantial market power systematically exploits other parties with less market power. These power positions may not have anything to do with the normative worth of the parties (by which I mean - in a democracy, a rich man is not normatively more important than a poor person; there is no external, noneconomic justification for why the rich person should have power over the poor person; they ought to be of equal noneconomic power).

      The question about contracts is: should this private agreement be enforced with the power of the state? If an agreement is exploitative and unconscionable, I don't see why the government should use its coercive authority to enforce it. Unlike private parties, the government must have a normative justification for its use of power.

    22. Re:Quip on Contracts by JesseMcDonald · · Score: 1

      Maybe absolute liberty without anarchy is a contradiction, but that presumes that you have a society absent of people that would impinge whatever notion of liberty you have (presumably a society that is culturally deeply ... anarchocapitalist).

      Well, naturally. That's why absolute liberty is an ideal, something to strive for, rather than something we already have. Assuming that one holds with this ideal, however, the least one can do is avoid contributing to the problem, e.g. by endorsing the use of aggression. There is a world of difference between a handful of maladjusted social outcasts and a major organization explicitly charged with employing force to achieve political goals under a veil of popular legitimacy.

      I'd rather people either balance whatever structured and predictable coercion they're likely to get from the state against whatever they think they're going to get from society, or more ideally decide that some amount of coercion that's mostly predictable and generally for good reasons is an inevitable part of getting other things they value more than absence of coercion. ... I'm not bothered much by taxes ... because I think that by and large the taxes I pay go to good purposes.

      If people choose to be coerced then it isn't really coercion, is it? Such individuals are willing participants. The problem is the ones who disagree with you—the ones that you are coercing. "Try to see it as a good thing" doesn't really address that issue, since they obviously don't see it that way.

      Maybe they'd come even closer to my view and consider the things people buy with money as privileges that are granted by society in return for presumably serving society through work, with the understanding that excessive amounts of privilege will be scaled back should others have more pressing needs.

      Who decides which needs are "more pressing"? Obviously people disagree on the matter, or the problem wouldn't arise in the first place. To resolve such a dispute you must arbitrarily divide society into decision-makers and their involuntary subjects. How do you justify that?

      Self-ownership, and by extension ownership of alienable property, are rights, not privileges. They are not "granted by society", whatever that means—"society" is merely an abstraction, and doesn't "grant" anything. Individuals can choose to recognize these rights or not; if they do not recognize the property rights of others then they cannot reasonably claim ownership themselves. That is their choice, of course, but there is little benefit to be had in nullifying all property rights, including your own.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    23. Re:Quip on Contracts by Improv · · Score: 1

      Many of us don't see absolute liberty as an ideal. We're willing to comprimise as a society between various ideals because we know that insistence on maximising one won't serve the others well. Liberty isn't any more special than the other things. An emphasis on coercion is part of a tight focus on liberty - those of us who see comprimise as a good thing don't fret it so much when the benefits to the other values are clear and when the mix feels reasonable.

      Naturally, what rights you choose to assert come from your value framework - people who concieve of these things differently would either say "no, you don't have that right" or "your conception of rights is a bit off, let me provide a different model". To me, property is a privilege, one which is indeed granted by society. You can call it a right, and doing so helps you concieve of your position (as I might for my own positions), but the difference between privilege and right is positional.

      I don't accept libertarian decision-makers, or at least I don't privilege them - in politics we all try to get what we want by voting, by arguing, and possibly other means as the opportunity arises. We also work on our theories to try to appeal to listeners and figure out the details of what we (and others) want. This is part of that.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    24. Re:Quip on Contracts by oatworm · · Score: 1

      "Really want" includes things you think you need for survival: food, shelter, work. No one is obligated to provide you with any of that; if they choose to offer it to you they have an absolute right to impose whatever conditions they want. Of course you are free to reject their conditions, but they are equally free to keep their property.

      True. On the other hand, nobody is allowed to coerce me into acquiring such things from a particular source of their choosing, nor are they allowed to use their property to coerce me into accepting onerous conditions that I would not voluntarily choose to accept in a non-collusive environment. Contrary to what many libertarians and (an/min)archists think, government isn't the only source of coercion in the world. If most landlords in an area decide together to charge high rents and provide no maintenance, I either have to accept that or move somewhere else. Trouble is, moving requires resources that nobody is obligated to provide for me - at the very least, I need a way to get to another town, which means I'll need transportation for myself. If all of my money is going into rent, however, that's going to be rather difficult to pull off, especially if I'm not within walking distance of another town or if I'm incapable of walking long distances. Furthermore, if I actually have property of my own in this dystopian town (furniture, computer, whatever) that I might actually want to keep, I'm either going to need to find a way to transport that or "voluntarily" surrender it to my landlord.

      Philosophically, this is somewhat similar to someone putting a gun to your spouse's head and saying, "Either you spouse gets it or your child gets it. Who do you choose?" Sure, you're not being "coerced" into making a particular choice - you're certainly just as "free" to choose to kill your spouse or your child. On the other hand, you are being coerced into making a false choice to begin with by the person holding the gun. Similarly, having to choose between one rat-infested hovel with $2000/month rents and another, slightly less rat-infested hovel with $2050/month rents because the landlords made sure that was everybody's choice is a false choice.

    25. Re:Quip on Contracts by oatworm · · Score: 1

      Right there with you. In the absence of government and its local legal monopoly on force, you're basically at the mercy of the first armed mob that shows up in your neighborhood and imposes their will on you. Competition in the exercise of force is, depending on the scale, either called "war" or "gang violence" - either way, while it's certainly "destructive", it's the antithesis of "creative".

      The reason I lumped the libertarians in with the minarchists and anarchists is because most minarchists and anarchists I know lump themselves in with libertarians, then verbally spars with any libertarian that dares to call themselves a "libertarian" if they think it's a little difficult to get a murderer to "voluntarily" respect any laws or society, so we should probably have an organization in place that "coerces" murderers into surrendering their rights so they'll stop murdering people.

      I know - weird, right?

    26. Re:Quip on Contracts by JesseMcDonald · · Score: 1

      Many of us don't see absolute liberty as an ideal. ... To me, property is a privilege, one which is indeed granted by society.

      That's understandable; just don't be surprised when others see your aggression as criminal behavior and respond accordingly. If you do not respect the liberty of others then they will have no reason to respect any claim to liberty you might make. Moreover, understand that if property is a privilege then your life is also a privilege—as you require the use of property to sustain your existence—and privileges can be revoked at any time. If you truly see property as a privilege then you have no cause for complaint should "society" decide that you are not worth keeping alive.

      We're willing to comprimise as a society between various ideals because we know that insistence on maximising one won't serve the others well.

      You can't "compromise as a society" for the reasons I already noted: "society" is an abstraction, and does nothing of itself. Individuals compromise with other individuals when everyone involved agrees to a partial solution. What you are describing isn't a compromise; it isn't accepted by all those involved (just a majority). The dissenting minority aren't part of the compromise; they are your victims.

      I don't accept libertarian decision-makers, or at least I don't privilege them ...

      Neither do I, if by "decision-maker" you mean someone empowered to make decisions affecting the property rights of others. There can be no "libertarian decision-makers" in that sense; it would be a contradiction.

      ... in politics we all try to get what we want by voting, by arguing, and possibly other means as the opportunity arises ...

      In politics people try to get what they want by force. The rest—debate, persuasion and consensus—is more accurately known as diplomacy.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    27. Re:Quip on Contracts by JesseMcDonald · · Score: 1

      Well I think what we mean by "libertarian" is not very well defined and this is why it is commonly confused (at least I think that is the appropriate word) with anarchism.

      Personally, I think it's the other way around: the non-anarchistic forms of "libertarianism" are contradictory and confused. The defining characteristic of libertarianism (classical liberalism), whatever differences there may be between various factions, is adherence to the Non-Aggression Principle (NAP). Government, by its very nature, cannot adhere to the NAP. Ergo, government and libertarianism are incompatible. Various individuals who were/are otherwise libertarian have shied away from openly advocating anarchism, but only at the expense of inviting self-contradiction.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    28. Re:Quip on Contracts by JesseMcDonald · · Score: 1

      In the absence of government and its local legal monopoly on force, you're basically at the mercy of the first armed mob that shows up in your neighborhood and imposes their will on you.

      And this is worse than accepting a much larger and more invasive armed mob imposing their will on you how, exactly? It's not like you don't have wars (bigger ones, even!) and gang violence with governments. It sounds like you're saying the problem with doing away with government is that someone may try to start one, but even if they succeed you're still no worse off than you were before.

      ... it's a little difficult to get a murderer to "voluntarily" respect any laws or society, so we should probably have an organization in place that "coerces" murderers into surrendering their rights so they'll stop murdering people.

      This is a straw-man. We're anarchists, not pacifists. There is a difference between employing aggression—coercion against non-aggressors—and using proportional defensive force against someone who has already shown themselves to be an aggressor. The key is reciprocation; those who murder forfeit their self-ownership, those who steal forfeit their alienable property, etc. Proportional punishment is not aggression, and can be carried out without any "local legal monopoly on force".

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    29. Re:Quip on Contracts by JesseMcDonald · · Score: 1

      The question about contracts is: should this private agreement be enforced with the power of the state?

      That is a reasonable question, but it's not really relevant to me. I don't think anything should be enforced with the power of the state, contracts included. As an libertarian/anarcho-capitalist/agorist I don't think the state should exist in the first place. What is of interest to me is whether enforcing the contract would be an act of aggression, and my answer is that I do not believe that to be the case, apart from the two contract-voiding conditions I mentioned.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    30. Re:Quip on Contracts by oatworm · · Score: 1

      And this is worse than accepting a much larger and more invasive armed mob imposing their will on you how, exactly? It's not like you don't have wars (bigger ones, even!) and gang violence with governments. It sounds like you're saying the problem with doing away with government is that someone may try to start one, but even if they succeed you're still no worse off than you were before.

      Given a choice between an armed mob with absolutely zero accountability to those under its control and a "much larger and more invasive armed mob" that at least somewhat respects the idea of a limited, representative government based on laws, I'll go with the latter.

      If you really think a large, representative government is "no worse" and "more invasive" than an armed mob, I suggest you read up on Latin American history during the '80s (especially Nicaragua), or look into the gang conflicts occurring in the East Congo. Put another way, I guarantee you that even the worst behaved police force in the United States rapes far fewer little girls and recruits far fewer drugged up child soldiers than the best behaved armed mob in Africa.

      This is a straw-man. We're anarchists, not pacifists. There is a difference between employing aggression—coercion against non-aggressors—and using proportional defensive force against someone who has already shown themselves to be an aggressor. The key is reciprocation; those who murder forfeit their self-ownership, those who steal forfeit their alienable property, etc. Proportional punishment is not aggression, and can be carried out without any "local legal monopoly on force".

      By who? Who gets to decide what's "proportional" or not? In many states, if somebody attacks you with a knife, you're not allowed to defend yourself with a gun - it's not "proportional". It sounds silly, but there is a certain amount of logic to it. For that matter, how do you guarantee that the potential murder actually *murdered* someone? How do you "voluntarily" collect evidence? How do you exercise due process? It's there for a reason, after all - as bad as police justice is, vigilante justice is infinitely worse.

    31. Re:Quip on Contracts by Improv · · Score: 1

      I am quite familiar with the system as it is - it's not actually run close to either of our ideals :)

      I'm ok with your warnings in the first paragraph, largely because there's no formal difference between our systems on that point - if people at large decide to off either of us, it doesn't really matter whether you would characterise it as "you are violating my rights" or I would as "you are deciding I am not worth keeping alive" - the philosophical framing we'd put on it wouldn't save either of us.

      Society is an abstraction, but so are rights, and so are humans for that matter. So what? Calling something an abstraction doesn't make it any less real - the semantics of abstraction are still where the interesting bits are - even if we are just a bunch of cells, the abstraction of person remains useful. Likewise that of society. If you like vocal gymnastics, we could describe the interests of people in terms of their biological units, or we could describe the interest of society in terms of people.

      People who insist on libertarian philosophy as a guide for how we view relations in society are what I meant, although I was unclear on that - sorry.

      Fair point on that, although sometimes things are definitionally murky - for example, if you can imagine a large number of people consistently voting against libertarians in politics and thus sanctioning what you would call state coercion, is that diplomacy or sanction of force? (This question is probably more meaningful for you than me, as I'm not bothered by appropriately structured and intended force/coercion).

      I knew when entering the discussion that we were unlikely to come to a conclusion, but I like a good argument and I was once a libertarian (not meaning to be condescending in saying that, as I've known socialists who have become libertarians as they've aged too - people's philosophies sometimes change over time in whatever direction). I'm willing to go on as long as you are so long as we're both interested and can remain polite.

      Cheers.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    32. Re:Quip on Contracts by JesseMcDonald · · Score: 1

      ... it doesn't really matter whether you would characterise it as "you are violating my rights" or I would as "you are deciding I am not worth keeping alive" - the philosophical framing we'd put on it wouldn't save either of us.

      It matters in terms of whether that decision could be fought without hypocrisy. If property (and life) are viewed as rights then it is reasonable—or at least not inconsistent—to defend them against violation, but if they are seen as mere privileges then it would be hypocritical to cling to them contrary to "society's" wishes.

      Society is an abstraction, but so are rights, and so are humans for that matter. So what? Calling something an abstraction doesn't make it any less real ...

      Society is real. It does not, however, make decisions, or compromise, or take any other kind of action, any more than your cells do. Only people can do these things. When members of a group act together it is convenient to ascribe such actions to the group, rather than to the individual members, but when the members are not homogeneous it is misleading to speak of some members as if they represented the entire group. To talk of "society" compromising makes it seem as though all the members of that society are participating in the compromise, but that is not the case. Compromise requires consensus; a "compromise" where the majority overrule the minority is nothing of the sort. That is just an exercise in "might makes right", where the might takes the form of numbers rather than individual brute strength.

      ... if you can imagine a large number of people consistently voting against libertarians in politics and thus sanctioning what you would call state coercion, is that diplomacy or sanction of force?

      I would say that knowingly voting in favor of the use of force, or more force rather than less, where the vote will be taken as authorization to use said force, is politics rather than diplomacy. However, from the perspective of objective responsibility, I would reserve the label "aggressor" for those who directly carry out the coercion; merely expressing support for aggression is not aggression per se, although it may be considered a threat (which is relevant mainly in regard to contracts).

      Morally I view voting either for political office or in favor of aggressive policies to be wrong, but I am willing to give others the benefit of the doubt provided they do not directly support aggressive actions. There are good arguments that voting for "the lesser evil" can be considered a form of defense.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    33. Re:Quip on Contracts by Improv · · Score: 1

      I don't think it would be hypocritical - the idea that there's no principled objection to confiscation doesn't mean that there isn't one at all. Having legal traditions that state that property is a default and one needs a compelling social interest to merit its partial or complete surrender, with some associated legal traditions stating how high that bar has to be, is a very workable solution. This is reasonably close to what we have in practice in the US - while eminent domain is occasionally abused, it is usually pretty benign.

      I think society does make decisions and can be said to act as if it has a mind, for legal purposes. It's significaltly more complex how it does this, usually through some mix of a mediated democratic process and legal traditions to temper that further. I recognise that you might prefer to phrase it that the system "effectively decides" these things rather than say that society decides it - I know that there's a distinction but I choose to use the terms knowing that there are caveats that separate them from actual individual decisions. Additionally, I recognise that democracy is not based on complete consent. This doesn't bother me that much (I am not in fact entirely committed to democracy - a perspective I've carried over from my libertarian days), largely because I don't see libertarian strong autonomy as a default position.

      I think that if we're to fairly compare free market libertarian-autonomy societies with their alternatives, we should be willing to knock off points in any comparison for activities permitted by libertarian-autonomy societies that would be forbidden in others. If regulation (or different structure) would make a private abuse impossible or less likely, then not having that regulation is a potential demerit for the specific form of capitalism being considered even though it is private actors rather than the system itself (which is conveniently thinner by having little state control and thus unintuitive to blame for these failures - we have to (perspective-wise) reincorporate libertarianism with the structures it enables to judge it fairly).

      I was kind of curious on your take regarding that last matter - it wasn't meant as a sparring point, just something I've been curious about. Libertarian philosophers (like Nozick in his early works) have never solidly agreed on the point and many libertarians I've known have had interesting discussions on the topic. Intellectual property, privacy rights, and a few other topics are interestingly divisive among libertarians, I've found. If you'd like to express your opinions briefly on those, I'd be interested to hear it (although I'm not sure I'd spar on those topics in response).

      Best wishes.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    34. Re:Quip on Contracts by Improv · · Score: 1

      Oh, as another friendly aside, in case you follow British politics, it's interesting to contrast the positions of Margaret Thatcher (a former British PM known as the "Iron Lady", who as a member of the Tories privatised a reasonably large portion of the British economy) and David Cameron (recently elected British PM, also of the Tories) on these matters - Thatcher was of a faction of the Tories that was like a moderate form of Libertarianism (this is a gross oversimplification) and famously took a stance against political language that referenced society. Cameron is of a different faction (more of a euroskeptical social conservativism with light leanings towards markets). The faction relations in the Conservative party are like a soap opera. The Liberal Dems too - they're a rather weird party consisting of a mix of socialists and lassiez-faire free market types (very pro-Euro).

      Collapsing it down to these dimensions is a bit parochial though - they have issues and political divides that we don't, just as the current alignment of US politics is over issues quite different than those over which the Federalists and Democratic-Republicans fought initially.

      Hoping this is at least an interesting aside :)

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    35. Re:Quip on Contracts by Improv · · Score: 1

      I don't think you should be so quick to call libertarianism and classical liberalism the same thing. Classical liberalism is considerably more mild and loose than the very tight derivation libertarian (or anarchocapitalist) thought tends to have from its central logic. There's a certain similarity, and in comparison to other political philosophies they may seem reasonably close, but the style of thought and actual conclusions are different enough that they should generally be discussed as distinct entities.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    36. Re:Quip on Contracts by Improv · · Score: 1

      I like your approach. One of the strongest ways to defend our (complex) common law legal system from those favouring absolutely private contract is to examine the abuses that common law adapted itself to deal with - some of these are (mostly) in the past like company towns, but some are still topical today (like landlord-tenant relationships). In modern times most people don't need to read contracts as much as they might have had to do in the past because they're protected from many possible abuses, particularly depending on what goods/services are being exchanged - people might at first be tempted to agree with the libertarians on contracts until we can show them the specifics of how they benefit from the public system.

      It's unfortunate that we have to do this kind of whirlwind tour of civics to people to help them have more "buy in" to modern society, but I think it's necessary to stave off ideas that would reenable abuses we've long put behind us.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    37. Re:Quip on Contracts by JesseMcDonald · · Score: 1

      I don't think it would be hypocritical - the idea that there's no principled objection to confiscation doesn't mean that there isn't one at all.

      I didn't mean to say that you couldn't object at all, just that you couldn't consistently respond with force to resist the removal of a privilege, unlike the infringement of a right. If it really is a privilege then it can be revoked one way or another, even if certain procedures must be followed—if nothing else, those procedures are always subject to revision.

      I think society does make decisions and can be said to act as if it has a mind, for legal purposes.

      That's an interesting perspective. I've never known "society" to be the defendant in a lawsuit, and when "society" acts it always seems to be some group of individuals who actually do the acting—often against other members of society, no less. I would be willing to recognize the possibility of collective decision-making, but only between voluntarily cooperating individuals, not society as a whole. I still reject the idea that society can "compromise", since the idea of getting true consensus from every member of society is laughable, but that's mostly a matter of semantics. My main point was simply that a decision accepted by a majority, but not by all those affected, is not voluntary in the manner which "compromise" would imply.

      The analogy between members of society and cells in one's body is interesting, but there is an important difference: the cells, unlike people, are not capable of independent existence, thought, or action. Together they form a single, indivisible entity. Society, on the other hand, is divisible even to the level of the individual, for a time, or the family group over the long term. Above that level cooperation is optional, though generally beneficial.

      I think that if we're to fairly compare free market libertarian-autonomy societies with their alternatives, we should be willing to knock off points in any comparison for activities permitted by libertarian-autonomy societies that would be forbidden in others.

      Not all such activities, I hope—there are some pretty restrictive societies out there. I assume you were referring to activities with negative externalities (but see below).

      If regulation ... would make a private abuse impossible or less likely, then not having that regulation is a potential demerit ...

      Agreed—but how do you define "abuse"? The whole idea of libertarianism is that property rights are strictly enforced; no negative externalities are permitted. So the only persistent negative externalities that would exist in a libertarian society are the ones which could not be prevented by private security, and were not repaid with full restitution after the fact. I acknowledge that such situations could exist, but the same can be said of other societies. Would the expected decrease in uncompensated crime be enough to offset the uncompensated aggression required to bring that about? I'm skeptical.

      Intellectual property rights

      My view is that property rights are defined at the right to use the property in question in the manner in which it was previously homesteaded, subject to the property rights of others. Exclusivity, if it exists, is just a side-effect of scarcity; others cannot also use the property without inhibiting your use. Given that definition, there is no point in claiming property rights in anything which is not scarce, since such rights could never be infringed upon short of physical assault or the like. Others making use of ideas/patterns/content/processes/etc. you created/invented does not in any way prevent you from using them.

      privacy rights

      Similar to the question of IP rights above. I do not believe in a "right to privacy" per se, although one nat

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    38. Re:Quip on Contracts by JesseMcDonald · · Score: 1

      I have yet to see any documented "abuse" of strict contract law which does not amount to one party attempting to defraud the other, either to get the other party into the contract or to get themselves out of it without compensation after claiming to have understand and voluntarily agree to the terms. The former case automatically renders (that part of) the contract void, even under the strict-contract system, and the latter is clearly destructive and deceptive behavior which should not be encouraged.

      Fraud and coercion aside, restricting the scope of contracts only serves to prevent people from knowingly entering into contracts which they believe to be in their own best interest. On what basis do you claim any right to gainsay their decision?

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    39. Re:Quip on Contracts by Improv · · Score: 1

      I don't think it would be hypocritical - the idea that there's no principled objection to confiscation doesn't mean that there isn't one at all.

      I didn't mean to say that you couldn't object at all, just that you couldn't consistently respond with force to resist the removal of a privilege, unlike the infringement of a right. If it really is a privilege then it can be revoked one way or another, even if certain procedures must be followed—if nothing else, those procedures are always subject to revision.

      That's fair. I'm prepared to deal with that and I think it's right for society - too much enactment of other values hinges on it. I would prefer it be used sparingly and as predictably as possible, of course, in good and effective service of these other values.

      I think society does make decisions and can be said to act as if it has a mind, for legal purposes.

      That's an interesting perspective. I've never known "society" to be the defendant in a lawsuit, and when "society" acts it always seems to be some group of individuals who actually do the acting—often against other members of society, no less. I would be willing to recognize the possibility of collective decision-making, but only between voluntarily cooperating individuals, not society as a whole. I still reject the idea that society can "compromise", since the idea of getting true consensus from every member of society is laughable, but that's mostly a matter of semantics. My main point was simply that a decision accepted by a majority, but not by all those affected, is not voluntary in the manner which "compromise" would imply.

      In this case we're working from different foundations. I doubt we can go any further on this point.

      If regulation ... would make a private abuse impossible or less likely, then not having that regulation is a potential demerit ...

      Agreed—but how do you define "abuse"? The whole idea of libertarianism is that property rights are strictly enforced; no negative externalities are permitted. So the only persistent negative externalities that would exist in a libertarian society are the ones which could not be prevented by private security, and were not repaid with full restitution after the fact. I acknowledge that such situations could exist, but the same can be said of other societies. Would the expected decrease in uncompensated crime be enough to offset the uncompensated aggression required to bring that about? I'm skeptical.

      That's fair (or at least consistent) - I suspect there's some mix of broad categories of things that I would recognise as harms that you would not, or you would consider efforts to correct for them not worth the harm of coercion that would be needed. For example, I believe that the state-level restrictions on landlord-tenant contracts are a form of collective bargaining between prospective tenants and landlords and that they serve the public good, even should they effectively modify contracts after the fact. I suspect you'd disagree - I could iterate over the long history of English common law (that we've mostly inherited) that were designed to shape contracts to prevent specific abuses, but I believe you could plausibly and by your values fairly say that what I call abuse is not by your values abuse.

      Thanks for satisfying my curiosity on you positions on those other matters - as I said I wasn't expecting to argue about them, I was mainly curious.

      Best wishes...

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    40. Re:Quip on Contracts by JesseMcDonald · · Score: 1

      Fair enough, I suppose. I would hardly be the only one to consider modern libertarianism (and anarcho-capitalism, and agorism) to be the logical continuation of classical liberalism, but it is true that there are several significant differences between these more developed ideologies and their classical forerunner.

      Still, classical liberalism has always been biased in favor of voluntaryism and non-aggression, even while it compromised on the issue of government in the interest of perceived practicality. The NAP may have not have been officially introduced until much later on, but it is really nothing more than a formal restatement of this guiding principle.

      Note, also, that there are actually two versions of "classical liberalism", the "British tradition" and the "French tradition". My views (like those of Thomas Paine, and unlike Adam Smith) fall closer to the French tradition, which emphasizes reason rather than traditional institutions and common law.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    41. Re:Quip on Contracts by Improv · · Score: 1

      Interesting - I wasn't aware of a French tradition for it. I've read Paine, but I assumed he was more of an isolated firebrand than part of a working tradition (not meaning firebrand in the entirely negative sense, but he offered a very forceful atheism that I both happen to mostly agree with and I note that his argument style was as forceful as his actual positions on the matter).

      If you have any recommendations on other people in the French classical liberal tradition worth reading, I'd be happy to hear them.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    42. Re:Quip on Contracts by JesseMcDonald · · Score: 1

      From Wikipedia (near the end of the Overview section):

      [Friedrich] Hayek saw the British philosophers David Hume, Adam Smith, Adam Ferguson, Josiah Tucker, Edmund Burke and William Paley as representative of a tradition that articulated beliefs in empiricism, the common law, and in traditions and institutions which had spontaneously evolved but were imperfectly understood. The French tradition included Rousseau, Condorcet, the Encyclopedists and the Physiocrats. This tradition believed in rationalism and the unlimited powers of reason, and sometimes showed hostility to tradition and religion. ... Hayek saw the Frenchmen Montesquieu, Constant and Tocqueville as belonging to the "British tradition" and the British Thomas Hobbes, Godwin, Priestley, Richard Price and Thomas Paine as belonging to the "French tradition". [emphasis added]

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    43. Re:Quip on Contracts by Improv · · Score: 1

      Cool, thanks. I'll read up on that when I get the chance.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
  8. It's a deal. by Anonymous Coward · · Score: 0

    But when I'm dead and unable to use the software, can my family punish them to the fullest extent of the law?

  9. Now that's.... by stakovahflow · · Score: 1

    That's a load of happy hippie crap, if'n you ask me...

    Death for a software license?

    Give me the BSD License or give me...

    No, not death...

    What's the other one?

    --Stak

    --
    Holy happy hippy crap!
    1. Re:Now that's.... by compro01 · · Score: 4, Funny

      I strongly suspect the D&R license is a BSD license fan responding to someone wanting them to dual-license something.

      --
      upon the advice of my lawyer, i have no sig at this time
    2. Re:Now that's.... by vlm · · Score: 1

      Give me the BSD License or give me...

      No, not death...

      What's the other one?

      Freedom?

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    3. Re:Now that's.... by boarder8925 · · Score: 1

      Give me the BSD License or give me... No, not death... What's the other one?

      Bread and circuses.

    4. Re:Now that's.... by Sir_Lewk · · Score: 2, Interesting

      Why would someone want a developer to dual license a BSD licensed project? The BSD license is one of the most permissive there is, especially considering not all countries have the concept of public domain. It's not like it was a GPL/D&R dual licensing situation...

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    5. Re:Now that's.... by Bigjeff5 · · Score: 1, Interesting

      Many GPL fanbois feel the BSD license is evil. I could see them demanding a dual license, and the developer giving them this subtle "go fuck yourself".

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    6. Re:Now that's.... by Sir_Lewk · · Score: 1

      That would be pointless. Having something with a permissive license be dual-licenses also with a more restrictive license would accomplish nothing.

      Not to mention, I cannot think of a single GPL fan that has any issues with other people using BSD licenses if they chose to. In fact, the only real noise I hear coming from this difference of opinion is BSD fanatics criticising GPL fans for being less free.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    7. Re:Now that's.... by PacMan · · Score: 1

      I wonder how many "little deaths" would be needed to satisfy the license?
      Or maybe each "little death" gets you a limited time to use the software?
      See http://en.wikipedia.org/wiki/Petite_Mort

    8. Re:Now that's.... by Anonymous Coward · · Score: 0

      All I know is that I died inside, a little, after reading the full license.
      Ah...

      That's better.

  10. Unenforcable by vxice · · Score: 0

    That would be unenforceable due to it being a condition that no one would accept. I forget the legal term someone help me.

    --
    every anarchist is a baffled dictator. Benito_Mussolini
    1. Re:Unenforcable by vxice · · Score: 1, Insightful

      After reading it, the license is either BSD or this D&R thing. You only have to be dead if you don't accept the D&R license.

      --
      every anarchist is a baffled dictator. Benito_Mussolini
    2. Re:Unenforcable by Bigjeff5 · · Score: 1

      You mean if you don't accept the BSD license. If you accept the D&R license, you're fucked.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
  11. Um. No. by Alzdran · · Score: 1

    No, I'm pretty sure I wouldn't...

    There's not much new in the article itself, though the ideas in some of the non-open licenses are interesting (the "Tofu license" is an interesting activism idea, though it probably misses some of its intention: companies that destroy habitat would be welcome to the software). I think it'd be interesting to see these tested and find what would hold up, and what wouldn't. Also, to the developer that got a Stratocaster out of his license terms: Congratulations.

  12. BSD or die by RichMan · · Score: 1

    Your honor it is clear the defendant rejected the BSD license. They must therefore have accepted the alternate D&R licenses. In recognition of this we demand the death of the defendant as fulfillment of the terms of the license.

  13. This is old news by webbiedave · · Score: 1

    We called it FUBKRO back in the day:
    For Use By Keith Richards Only

    1. Re:This is old news by Soko · · Score: 1

      Keith is already dead, his brain just don't know it yet. The D&R license is likely for him, I think.

      --
      "Depression is merely anger without enthusiasm." - Anonymous
    2. Re:This is old news by mjwx · · Score: 1

      We called it FUBKRO back in the day:
      For Use By Keith Richards Only

      Sadly kid's these days wont get this joke.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    3. Re:This is old news by Myrddin+Wyllt · · Score: 1

      I liked the opening line in his solo spot on the last tour:
      "It's good to be here - It's good to be ANYWHERE!"

      --
      [ ]Half Empty [ ]Half Full [x]Twice as big as it needs to be
  14. Gnu Gninja: by Anonymous Coward · · Score: 0

    I wouldn't die, but I would KILL...

  15. Death and Repudiation License is peanuts by El_Muerte_TDS · · Score: 5, Funny

    The Death and Repudiation License is nothing compared to the EULA of iPhone OS 5.1

    1. Re: Death and Repudiation License is peanuts by Anonymous Coward · · Score: 0

      Is that the one where you promise to let Steve Jobs fuck your asshole while he shouts "Who's the boss!?!"?

    2. Re: Death and Repudiation License is peanuts by K.+S.+Kyosuke · · Score: 1

      What, mandatory octopus on user's head?

      --
      Ezekiel 23:20
    3. Re: Death and Repudiation License is peanuts by Anonymous Coward · · Score: 0

      No, You have to swear the 3rd and 4th oaths to Father Dagon, and sign the NDA never to discuss it.

      Steve just can't fathom why so many /. nerds in their mother's basements are so strongly against that little bit of the iPhoneOS 5.1 developer's agreement. Sex with hideous mutant fish women VS "Odds of having sex at all approaches zero" would surely be more appealing, no? That's what Apple's Cthuloid marketing directors said anyway...

      Just wait until the Yog Sothoth gateway app hits the app store. I expect the approval process will be completed when the stars come right again. AI AI RHLEY FLAGN!

    4. Re: Death and Repudiation License is peanuts by Anonymous Coward · · Score: 0

      What, mandatory octopus on user's head?

      Mandatory enjoyment of the octopus, actually.

    5. Re: Death and Repudiation License is peanuts by Anonymous Coward · · Score: 0

      No. It's a developer license. If there are two bit-for-bit identical apps submitted to to App Store and one was written with octopus on developers head and another without, the latter won't be accepted.

      While you think this sounds silly, it's actually a technical requirement. Eight tentacles are an absolute necessity for developing modern multitouch interfaces.

  16. I'm just dying... by SiaFhir · · Score: 1

    ...to use any software with the D&R license.

    1. Re:I'm just dying... by socceroos · · Score: 1

      If I didn't see the funny side, I would have buried parent's comment.

  17. Back in the 80's... by N0Man74 · · Score: 2, Funny

    I remember many shareware authors writing strange things in their terms and licenses.

    I recall that a common graphics viewer those cool new GIF files (among many other formats) wrote that if you continued using their software after 30 days without paying then a demon would be visited by demons who would torment you.

    I was just a kid, didn't have a job, and I never paid. Demons rarely ever visited, and when they did it was just to borrow a cup of sugar or use the phone.

    1. Re:Back in the 80's... by Itninja · · Score: 3, Informative
      Along those lines I have read legal descriptions of real estate plats with all kinds of stuff in them. They are supposed to be verbose, boring descriptions like:

      A PARCEL OF LAND LOCATED IN THE STATE OF CA, COUNTY OF LOS ANGELES, WITH A SITUS ADDRESS OF 915 REAL ESTATE ST, LOS ANGELES CA 90010-3531 C059 CURRENTLY OWNED BY HOUSER HOMER J AND LOTS ROSE M AND HAVING A TAX ASSESSOR NUMBER OF 5090-012-034 AND BEING THE SAME PROPERTY MORE FULLY DESCRIBED AS TRACT # 8076 AND DESCRIBED IN DOCUMENT NUMBER 1020134 DATED 03/22/2003 AND RECORDED 04/14/2003.

      I have seen ones, approved by the permit people no less, with instructions to the 'bat cave', lyrics from Pink Floyd, and all kinds of weird junk.

      --
      I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
    2. Re:Back in the 80's... by Tapewolf · · Score: 4, Interesting

      I recall that a common graphics viewer those cool new GIF files (among many other formats) wrote that if you continued using their software after 30 days without paying then a demon would be visited by demons who would torment you.

      Graphics Workshop had something like this. In fact:

      If you want to see additional features in Graphic Workshop, register
      it. If we had an Arcturian mega-dollar for everyone who has said
      they'd most certainly register their copy if we'd add just one
      more thing to it, we could buy ourselves a universe and retire.

      Oh yes, should you fail to support this program and continue to
      use it, a leather winged demon of the night will tear itself,
      shrieking blood and fury, from the endless caverns of the nether
      world, hurl itself into the darkness with a thirst for blood on
      its slavering fangs and search the very threads of time for the
      throbbing of your heartbeat. Just thought you'd want to know
      that.

      ...If I remember correctly, you could get a discount if you sent the author a photocopy of the cover of his novel.

    3. Re:Back in the 80's... by Anonymous Coward · · Score: 0

      The "Arcturian mega-dollar" in this license is a reference to the Elite game, where drug smuggling spaceships would drop "Arcturian mega-weed".

    4. Re:Back in the 80's... by Anonymous Coward · · Score: 0

      Along those lines I have read legal descriptions of real estate plats with all kinds of stuff in them. They are supposed to be verbose, boring descriptions like:

      A PARCEL OF LAND LOCATED IN THE STATE OF CA, COUNTY OF LOS ANGELES, WITH A SITUS ADDRESS OF 915 REAL ESTATE ST, LOS ANGELES CA 90010-3531 C059 CURRENTLY OWNED BY HOUSER HOMER J AND LOTS ROSE M AND HAVING A TAX ASSESSOR NUMBER OF 5090-012-034 AND BEING THE SAME PROPERTY MORE FULLY DESCRIBED AS TRACT # 8076 AND DESCRIBED IN DOCUMENT NUMBER 1020134 DATED 03/22/2003 AND RECORDED 04/14/2003.

      I have seen ones, approved by the permit people no less, with instructions to the 'bat cave', lyrics from Pink Floyd, and all kinds of weird junk.

      OK, now you have to share.

  18. When I was in college... by georgewilliamherbert · · Score: 5, Funny

    One of my schoolmates released some software with a custom license, which was basically the old-form original UC Berkeley BSD license with a restriction prohibiting any use by persons in "Country Code F", defined as (paraphrasing from memory):

    "France, Belgium, Quebec, Sengal, Ghana, Did we mention France?"

    I think it was bad experiences with language classes in high school, but I'm not sure.

    1. Re:When I was in college... by oddTodd123 · · Score: 1

      Bad news for your mate's software, there are many more countries that consider themselves French-speaking: http://en.wikipedia.org/wiki/Organisation_internationale_de_la_Francophonie

    2. Re:When I was in college... by Anonymous Coward · · Score: 0

      We speak Dutch in Belgium. Fuck you.

    3. Re:When I was in college... by Bigjeff5 · · Score: 1

      To be fair, that list lists Canada three times: Canada, New Brunswick, and Quebec are all member states. That lists governments that are French speaking, not just countries. There are 50 major governments in the US, for example, and thousands of minor governments.

      I'm far too lazy to look at anything else in the list, but I'm sure there are more "governments within governments" that are recognized separately.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    4. Re:When I was in college... by keeboo · · Score: 1

      People from Wallonia will disagree.

    5. Re:When I was in college... by Anonymous Coward · · Score: 1, Informative

      Canada is a bilingual country much like Belgium is a trilingual country. So why put Belgium on the list instead of the South provinces of Belgium (Walloons) since the exception was made for Canada. Most Flemish (Belgium) hate the French as much as you do for the same reason.

    6. Re:When I was in college... by oddTodd123 · · Score: 1

      To be fair, that list lists Canada three times: Canada, New Brunswick, and Quebec are all member states. That lists governments that are French speaking, not just countries. There are 50 major governments in the US, for example, and thousands of minor governments.

      I'm far too lazy to look at anything else in the list, but I'm sure there are more "governments within governments" that are recognized separately.

      You are too lazy to skim the list and notice the vast majority are countries, but you can pick out a couple of non-country governments in the middle? Bull. Anyway, 25 or so of the 50+ countries on the list have French as an official language.

    7. Re:When I was in college... by lilo_booter · · Score: 0, Flamebait

      So why put Belgium on the list

      Because it's Belgium.

  19. The humorless answer: by FoolishOwl · · Score: 5, Informative

    The summary left out part of a sentence:

    It's important to note that the top 10 licenses cover 93% of all projects and the top 20 almost 97%.

  20. D&R license by j0nb0y · · Score: 2, Funny

    The D&R license doesn't require anyone to die... you just have to be dead to use software under it. The license even specifies how this is to be accomplished. You're allowed to tell your heirs to use the software on your behalf after you're dead.

    The really puzzling clause is the revocation clause, which not only allows the licensor to revoke the license, but proclaims that the licensor WILL revoke the license, and then the heirs will be punished "to the fullest extent of the law." I believe a court would only find liability for usage AFTER the licensor revoked, regardless of the drafter's intention.

    Another strange clause seems to say that ghosts and angels are not considered dead for purposes of the license. Pure silliness, of course. What court would claim jurisdiction over angels and ghosts? Certainly not a human one. And an inhuman one is not likely to respect software licenses. The drafter made a big mistake here in failing to define ghosts and angels. These words are just begging for a legal definition.

    I am not a lawyer and this is not legal advice.

    --
    If you had super powers, would you use them for good, or for awesome?
    1. Re:D&R license by Anonymous Coward · · Score: 0

      The D&R license doesn't require anyone to die... you just have to be dead to use software under it. The license even specifies how this is to be accomplished. You're allowed to tell your heirs to use the software on your behalf after you're dead.

      The really puzzling clause is the revocation clause, which not only allows the licensor to revoke the license, but proclaims that the licensor WILL revoke the license, and then the heirs will be punished "to the fullest extent of the law." I believe a court would only find liability for usage AFTER the licensor revoked, regardless of the drafter's intention.

      Another strange clause seems to say that ghosts and angels are not considered dead for purposes of the license. Pure silliness, of course. What court would claim jurisdiction over angels and ghosts? Certainly not a human one. And an inhuman one is not likely to respect software licenses. The drafter made a big mistake here in failing to define ghosts and angels. These words are just begging for a legal definition.

      I am not a lawyer and this is not legal advice.

      I think the idea is that you're making a deal with the devil.

    2. Re:D&R license by wvmarle · · Score: 1

      Furthermore I would suggest for the period before you're dead to stick to the BSD license instead.

    3. Re:D&R license by guyminuslife · · Score: 1

      I think the author missed a significant loophole: he ignores the consideration that the licensee may create a robot (or program) that can use the software in perpetuity after the licensee's death. The robot, being neither an heir nor a living being, and having no legal liability, would be able to use the software on the licensee's behalf with impunity.

      --
      I don't believe in time. It's a grand conspiracy designed to sell watches.
    4. Re:D&R license by HTH+NE1 · · Score: 1

      What if you're a half-dead cat in a box?

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  21. Cake or Death? by fahrbot-bot · · Score: 1
    Reminds me of this Eddie Izzard riff: (pardon the length)

    "Cake or death?" That's a pretty easy question. Anyone could answer that.

    • "Cake or death?"
    • "Eh, cake please."
    • "Very well! Give him cake!"
    • "Oh, thanks very much. It's very nice."
    • "You! Cake or death?"
    • Uh, cake for me, too, please."
    • "Very well! Give him cake, too! We're gonna run out of cake at this rate. You! Cake or death?"
    • "Uh, death, please. No, cake! Cake! Cake, sorry. Sorry..."
    • "You said death first, uh-uh, death first!"
    • "Well, I meant cake!"
    • "Oh, all right. You're lucky I'm Church of England!" Cake or death?"
    • "Uh, cake please."
    • "Well, we're out of cake! We only had three bits and we didn't expect such a rush. So what do you want?"
    • "Well, so my choice is 'or death'? I'll have the chicken then, please.
    • Taste of human, sir. Would you like a white wine? There you go, thank you very much.
    • Thank you for flying Church of England, cake or death?"
    • I asked for the vegetarian."
    --
    It must have been something you assimilated. . . .
    1. Re:Cake or Death? by Darkman,+Walkin+Dude · · Score: 1

      God Eddie Izzard sucks donkey balls.

    2. Re:Cake or Death? by Anonymous Coward · · Score: 0

      Cake or death?

      Cake please!

      Well we're out of cake. We only had three bits and we didn't expect such a rush. So what do you want?

      So my choice is "or death?"
       

  22. To Paraphrase Jefferson Airplane by DynaSoar · · Score: 1

    "Would the software license [orig.: 'my country'] die for me?"

    --
    "I may be synthetic, but I'm not stupid." -- Bishop 341-B
  23. Viva la undead nation! by HeckRuler · · Score: 2, Funny

    Hey, some of us zombie programmers like to keep the code within a nice small circle. It's kind of a undead pride to release some code under the kill and kill-a-like license. Although the PCL's* don't usually understand the brotherhood that we zombies have, we can usually get those spineless incorporeal asses in HR to back us up. But it's not like we're elitists or a specifically close-minded group. We welcome wight web-masters, c/c++ cadavermen, matlab mummies, ZZT-oop zombies, go ghouls, and scripting skeletons. They're all welcome under my licenses.

    *Pointy Crowned Liches

    1. Re:Viva la undead nation! by Bugamn · · Score: 1
      I believe the D&R is intended for use by dead beings, not undead, as you can see from this excerpt:

      If you are found to be a ghost or angel, you will be punished to the fullest extent of the law.

      Although it does say ghost and not zombie, I believe both have the same status of undead beings.

  24. Immortal Soul by Anonymous Coward · · Score: 0

    I remember one license that I saw that included a clause that said (approximately),

    "Upon violation of any of these terms, ownership of the user's immortal soul is transferred to the vendor"

    Sounds like an episode of Buffy.

  25. Me by turgid · · Score: 1

    I saw this once on the intertubes:

    I am willing to die to prove that my god exists!!! Are you willing to die to prove that he doesn't!

    So it's all well and good.

    1. Re:Me by frank_adrian314159 · · Score: 1

      Wow! That sort of quote is the quintessence of the median of American theological debate.

      Since the probability of the first happening is vanishingly small (at least for the moron who spouted it), and the probability of the second higher than the first (at least in this country), being rational, I'd tend to say no to the second. However, that still is not a proof of God's existence (or non-existence). A greater willingness to die stupidly does not a proof make.

      Of course, being a heathen (and somewhat snarky) bastard, I can always say "No, but I'm quite willing to let you jump in front of a bus to prove it, if you think that it does."

      --
      That is all.
    2. Re:Me by Xtifr · · Score: 1

      I'm willing to eat a tasty cupcake to prove your god doesn't exist. It may not be as dramatic as dying, but it is every bit as effective a proof! :)

    3. Re:Me by turgid · · Score: 1

      I tried to post it in the original caps but the lameness filter prevented it :-(

    4. Re:Me by turgid · · Score: 1

      I'll see your cupcake and raise you a chicken jalfrezi (Asian strength) and 3 660ml bottles of Cobra.

  26. D&R license by damn_registrars · · Score: 1

    I hope it's for a daemon...

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  27. Death and repudiation? by Keyslapper · · Score: 0, Troll

    Does it help if you don't have a life?

    Shouldn't be a problem for most geeks.

    1. Re:Death and repudiation? by Anonymous Coward · · Score: 0

      Nice joke.

    2. Re:Death and repudiation? by Bigjeff5 · · Score: 1

      Not if you don't have death.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
  28. Thereware by Megane · · Score: 1

    Many years ago, a friend of mine came up with the term "thereware". As in "if it's there, you can use it".

    --
    #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
  29. Remember not to use Java.... by fishexe · · Score: 5, Funny

    ...."the design, construction, operation or maintenance of any nuclear facility." That's in Sun's EULA. For real.

    --
    "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    1. Re:Remember not to use Java.... by fishexe · · Score: 1

      err...."in the design, construction...."

      There's my /. posting fail for the day.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    2. Re:Remember not to use Java.... by Shados · · Score: 1

      A -lot- of commercial software have that in their licenses. So many, in fact, that I find myself wondering if there aren't laws in some first world countries that force that to be in there somewhere unless you have specific certifications.

    3. Re:Remember not to use Java.... by Anonymous Coward · · Score: 0

      That's actually a major issue in that case.

      There's a design tool that can be used to determine seismic loads. It's available from the USGS, and is used in 99.9% of all projects of all types - and is written in Java.

    4. Re:Remember not to use Java.... by parlancex · · Score: 4, Informative

      Windows server licenses have similar articles stating the OS is unsuitable for realtime applications, such as nuclear reactors. I don't know how they reconcile that with Windows for Battleships exactly.

    5. Re:Remember not to use Java.... by JamesP · · Score: 1

      Well, thank god, really

      I wouldn't want a java program controlling a nuclear facility!

      Or better, I wouldn't want the average java programmer making a java program that will control a nuclear facility.

      --
      how long until /. fixes commenting on Chrome?
    6. Re:Remember not to use Java.... by Anonymous Coward · · Score: 0

      Windows server licenses have similar articles stating the OS is unsuitable for realtime applications, such as nuclear reactors. I don't know how they reconcile that with Windows for Battleships exactly.

      LOL that was great. I was wondering the same thing.

    7. Re:Remember not to use Java.... by rahvin112 · · Score: 2, Interesting

      You don't think Windows for the Navy actually runs the mission critical systems like the reactor do you? Regardless, every system on the modern navy has a manual control system, not that you can actually hit a target with manual fire control as was proved many times during WWII, but the controls are there just in case you want to fire 1000 shells and only hit the target once.

    8. Re:Remember not to use Java.... by fishexe · · Score: 1

      Or better, I wouldn't want the average java programmer making a java program that will control a nuclear facility.

      Yeah, but that provision means even drawing up a rough preliminary schematic on a drawing program written in Java is verboten. And I believe I found that gem in the JRE EULA, so all common users have to agree to it, not just developers. But you can always get around it by switching to OpenJDK, so beware!

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    9. Re:Remember not to use Java.... by fbartho · · Score: 1

      Multi-licensing where the battleship version is very easy to get for $LARGE_NUM while the normal license is sold at most retailers for $SLIGHTLY_SMALLER_NUM

      --
      Gravity Sucks
    10. Re:Remember not to use Java.... by fishexe · · Score: 2, Informative

      I don't know how they reconcile that with Windows for Battleships exactly.

      I think that's a moot point, because nobody uses battleships anymore.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    11. Re:Remember not to use Java.... by Anonymous Coward · · Score: 0

      DSD runs Win 98 on large scale deployments of thin clients still. They're basically locked-down login boxes to the defence network.....but still.

    12. Re:Remember not to use Java.... by fishexe · · Score: 1

      You don't think Windows for the Navy actually runs the mission critical systems like the reactor do you?

      I thought everything mission critical in the military had to be written in Ada?

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    13. Re:Remember not to use Java.... by fotoguzzi · · Score: 1

      "But software which OpenBSD uses and redistributes must be free to all (be they people or companies), for any purpose they wish to use it, including modification, use, peeing on, or even integration into baby mulching machines or atomic bombs to be dropped on Australia." -- Theo de Raadt

      --
      Their they're doing there hair.
    14. Re:Remember not to use Java.... by Bigjeff5 · · Score: 1

      Windows for Battleships is specifically certified for such applications.

      It's just like the operating systems that run the equipment on fighter jets - they are very thoroughly tested and cleared by the military first.

      Unlike some oil companies I know, which buy the most expensive product then trust the vendor to tell them how awesome it is even though all their employees are screaming about how it runs slower and with fewer features than the 30 year old tech they were using before. *twitch*

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    15. Re:Remember not to use Java.... by oatworm · · Score: 2, Funny

      Luckily there's also Windows "Small Battleship Edition" (perfect for battle cruisers and the like) and Windows "Carrier Edition" (CE).

    16. Re:Remember not to use Java.... by Anonymous Coward · · Score: 0

      Windows server licenses have similar articles stating the OS is unsuitable for realtime applications, such as nuclear reactors. I don't know how they reconcile that with Windows for Battleships exactly.

      They just take that sentence out of the Windows for Battleships license. After all, it's not the engineers that decide what the software's capable of, that's marketing's job!

    17. Re:Remember not to use Java.... by Fujisawa+Sensei · · Score: 1

      ...."the design, construction, operation or maintenance of any nuclear facility." That's in Sun's EULA. For real.

      According to James Gosling, its there for good reason; to paraphrase: "During the early days of Java there were some guys getting support from Sun for a nuclear simulator. After some long discussions, they found out they were using it for the operation of a nuclear power plant. Sun and their lawyers wanted no part of anything like that, just in case."

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    18. Re:Remember not to use Java.... by zippthorne · · Score: 3, Informative

      It was Windows for Warships.

      Kids these days, just don't get alliteration any more.

      --
      Can you be Even More Awesome?!
    19. Re:Remember not to use Java.... by wvmarle · · Score: 1

      Well battleships are supposed to bring a lot of death and destruction. Throwing a BSOD at the right moment may help.

    20. Re:Remember not to use Java.... by Anonymous Coward · · Score: 0
    21. Re:Remember not to use Java.... by Anonymous Coward · · Score: 0

      You're right, they should use Visual Basic instead

    22. Re:Remember not to use Java.... by tokul · · Score: 1

      You don't think Windows for the Navy actually runs the mission critical systems like the reactor do you?

      But runs something that can leave ship dead in the water. I think original poster was referring to USS Yorktown (CG-48) incident.

    23. Re:Remember not to use Java.... by Rocketship+Underpant · · Score: 1

      "Windows for Battleships"? Well, it is sort of a hit-and-miss operating system.

      --
      He who lights his taper at mine, receives light without darkening me.
  30. I'm a zombie and i have rights too!!! by Anonymous Coward · · Score: 0

    I think this is definite racism against zombies and i'd take this court if i could only find some brains.

  31. My favorite is the buggeroff license. by Anonymous Coward · · Score: 0

    Sure, no problem. Don't worry, be happy. Now bugger off.

    Sadly, the original source of this license is gone (it was the only worthwhile content in geocities) the intertubes never forget: http://web.archive.org/web/20080208115239/http://www.geocities.com/SoHo/Cafe/5947/bugroff.html

  32. ZZzzz... by mingle · · Score: 1

    No, but I'd probably die of boredom while reading it...

  33. Corporate Use? by Faith_Healer · · Score: 1

    A corporation is considered to be a legal person who is not alive. (Note a normal person is considered to be a natural person) It seems like a corporation could use the software legally under this license. Just making an observation. This is not legal advice, IANAL yet

    --
    Faith_Healer -- The antethsis to almost everything, and the worlds worst speller.
    1. Re:Corporate Use? by Anonymous Coward · · Score: 0

      The corporation could, but none of the employees :P

    2. Re:Corporate Use? by Bigjeff5 · · Score: 1

      A corporation also can't be considered dead, which is the prime requirement of the D&R contract. You must have been alive to be considered dead. There is even a clause for "dead but interactive", specifically covering ghosts and angels, but would probably also extend to zombies and corporations as well (assuming a corp could pass the dead test).

      Even if they got around that part though, this part would screw them out the yin-yang:

      After your following the terms of this license, the author has vowed to repudiate
      your claim, meaning that the validity of this contract will no longer be recognized.
      This license will be unexpectedly revoked (at a time which is designated to be
      most inconvenient) and involved heirs will be punished to the fullest extent
      of the law.

      I'm not sure how that works if the license specifically removes the license at a date of the licensor's choosing. May or may not be enforceable, though it's very clear and agreed to by the other party, so I don't know.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
  34. No warranty fortune cookie by owlstead · · Score: 1

    Somewhat related is one of my favorite fortune cookies:

    NOTE: No warranties, either express or implied, are hereby given. All
    software is supplied as is, without guarantee. The user assumes all
    responsibility for damages resulting from the use of these features,
    including, but not limited to, frustration, disgust, system abends, disk
    head-crashes, general malfeasance, floods, fires, shark attack, nerve
    gas, locust infestation, cyclones, hurricanes, tsunamis, local
    electromagnetic disruptions, hydraulic brake system failure, invasion,
    hashing collisions, normal wear and tear of friction surfaces, comic
    radiation, inadvertent destruction of sensitive electronic components,
    windstorms, the Riders of Nazgul, infuriated chickens, malfunctioning
    mechanical or electrical sexual devices, premature activation of the
    distant early warning system, peasant uprisings, halitosis, artillery
    bombardment, explosions, cave-ins, and/or frogs falling from the sky.

  35. Or iTunes. by TrekkieTechie · · Score: 1
    Don't forget about the infamous NBC weapons clause in iTunes's EULA:

    You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.

    The reality distortion field will not be weaponized!

    1. Re:Or iTunes. by fishexe · · Score: 1

      You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.

      That's a really stupid way for them to word that provision. What if you work at a DoD lab or Northrup Grumman and you like to jam out while you work?

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
  36. +1 Pedantry by TrekkieTechie · · Score: 1

    Your heirs are living beings. The EULA explicitly states that no living beings may use the software as-licensed. This clearly results in a vicious cycle in which your descendants are punished in perpetuity. I'm guessing the US budget deficit operates under a similar EULA...

  37. I would die for by BitZtream · · Score: 1

    My family and a few select friends that I believe to be better people than myself.

    I would like to think I would give my life if it meant saving more that one person. As Spock said (which probably came from someone else I'm sure): The needs of the many outweight the needs of the few or the one.

    There are several constraints on these things of course, and in reality if it comes right down to it, I would probably not have the courage to do so, even if I think I do now while I'm not facing the decision directly.

    I wouldn't give my life for anything else. No law, no contract, no license, nothing else.

    Don't confuse me however, I'm not doing it for someone else, its more that I would do it because I couldn't stand to live with myself if I was the one left behind. I don't think I could live without my wife and children, and I have some friends that are really good people which make the world a better place.

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  38. I would say.... by Anonymous Coward · · Score: 0

                          GNO

    (Ignore this line. It exist only to get past the always-annoying Slashcensor )

  39. Preamble condition too narrow by Anonymous Coward · · Score: 0

    The "freedom to encumber" works is like the "freedom to punch someone" ... They are both 'freedoms' that only exist at the expense of others.

    The general point of your quip is a good one, but your preamble condition is unnecessarily narrow, and suggests an agenda.

    A much better formulation would be:

    Some alleged "freedoms" are like the "freedom to punch someone" ... They are 'freedoms' that exist only at the expense of others.

    Your "freedom to encumber" does of course fit that description well, but so does the "freedom to unencumber". An example of the latter is the "freedom" in a BSD license by which a BSD project's source code can be closed. Such closing is a "freedom" only at the expense of others who wish it to remain open, which matches your quip exactly.

  40. under the acta you may have to as your may be bypa by Anonymous Coward · · Score: 0

    under the acta you may have to as your may be bypassing some DRM.

  41. Hey! by Snaller · · Score: 0, Offtopic

    You stole my subject line!

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  42. Mother Jones Software License by dwye · · Score: 1
    This company had you agree that if you violated the terms of the license (fairly loose - basically use it like a book, only one copy running at a time, as I remember) in any way, the ownership of your immortal soul passed to them, with the understanding that anytime that a demon showed up they could pass it along to said demon or its assigns for any use (eternal torment, consumption as wine ala Screwtape Letters, etc) desired by the new owners.

    I was an adult, had a job, and never bought (mainly because I wasn't especially interesting in their software, although also because, as understand it, seriously contemplating selling ones soul is enough of a sin that one is probably damned, even if that particular contract is not accepted). The demons that visited me were the usual ones that visited any MS-DOS or Windows user at the time, and entirely unrelated to that license.

  43. Death and EULAs by thetagger · · Score: 1

    The Death and Repudiation License, for instance, requires the user to be dead.

    License requirements for EA games these days certainly make this license seem benevolent in comparison.

  44. Yes, that's it! by N0Man74 · · Score: 1

    Thanks, that's exactly the message I was vaguely remembering! Indeed, how could I have forgotten Graphics Workshop? I used it almost as much as my beloved X-Tree Gold. (I still miss that program sometimes)

    1. Re:Yes, that's it! by Tapewolf · · Score: 1
      For those times when I need something X-tree like on Windows, I use this:

      http://textmode.cwahi.net/

      ...I haven't really found a good workalike for linux, though.

  45. Jurisdiction over Angels? by Anonymous Coward · · Score: 0

    You can bet your life that if someone walking this planet right now proved to be an angel, the law would insist that they ARE subject to all "human" laws ( as a "person" ), and if they try any Sodom+Gomorrah style annihilation, that'd be all-out-war.

    Nuke vs Angel?

    It'd keep being "escalated" by assumed authority until it got to nukes or mega-hostages or something...

    Authority does NOT acknowledge any god other than itself.

    Ever.

  46. GNU (A)(L)GPLv3 by GNUPublicLicense · · Score: 1

    In an "intellectual property" (patent on your neurons!) world, the best balance would be the GNU (A)(L)GPL for long term insurance of open source software quality. Once IP is gone (patent system etc...), license won't matter because everything will be public domain (everything not physical will be free to copy/modify/improve/share)... since then, GNU (A)(L)GPL in the meantime.

  47. Windows not on Mission Critical Systems? by Anonymous Coward · · Score: 0

    Are u sure? I am pretty sure I saw one military contractor with a Naval combat system running windows. I believe it was a Windows Embedded, but I think they said they can run Outlook right on the console! From memory it might have been a SAAB system.

  48. umm.. by SolusSD · · Score: 1

    I'll go with BSD, thank you.

  49. why the lucky stiff? by amingv · · Score: 1

    "Copyright (c) 2003 why the lucky stiff"

    Gee, that screen name sounds awfully familliar...

    1. Re:why the lucky stiff? by lastrogue · · Score: 0

      _why disappeared off the face of the earth actually. maybe he died so that he could us his own software.....

  50. license.hell.lawyer.paradies by Anonymous Coward · · Score: 0

    my (first) license says that if you can read it, you're not allowed to use it.
    then i have the other license (second) that says that only if you accept the other (first)
    license can you use this license.
    *disclaimer : i have my own language