I just got fired today for false accusations that I broke an NDA with my ex-employer.
Just got back from the lawyers office. I don't have much chance of getting the job back, even if I wanted it, but I'm preparing legal action if they ever lie to future employers that I broke their NDA, because I in fact, did not. Yes, I can prove that.
You can't buy a car and then take out the engine and demand a refund on the engine, so why should you be able to buy a computer and not use the software and demand a refund on that?
(think jailbroken except it's not against their terms!)
It's not? IIRC they were going to sell a "developer" (rooted) phone for ~twice the price and make you sign up for a developer account somewhere which IIRC costs ~$20.
"Library of Congress" is a measure of information (bits, bytes) What you want is, oh, I don't know, some massive object. LoC does not have a well defined mass (do you mean just the books? What about the CDs? Digital stuff? The whole building?)
They should instead let customers buy the unlocked phone without a contract for $700
Why should they, besides the fact that you want them to do so?
Your statement boils down to "They should do this because that is what I want them to do because it benefits me and not them."
Oh, I see. So it's a contract of adhesion since there is no unlocked version. If you listen to your legal team (who will approach the issue from the "what's the easiest case to argue" angle and not the "what can we maybe technically get away with" angle) you'll sell an unlocked version.
Seeing how aggressively they've pursued that case, you can see how they might get accused of doing a similar thing for the iPhone. I can just about imagine that Apple would have the arrogance to take a hard line on iPhone jailbreaking but I'd be mightily surprised if they had the legal and PR foolhardiness to actually deliberately brick devices.
They just give you the standard boilerplate EULA saying "this might brick a modded iPhone, so don't sue us" and then ignore you, assuming they can do whatever they want once you hit "yes".
At least, I assume that's what they did. If they left out the EULA, then they are complete fucking morons regardless of their intent.
Oh, and "I don't know, I didn't read the terms" is not a valid answer to the question. If you don't know, find out. If you don't know and the answer is "yes, it did", then you're failure to know is your own fault.
This is true. But there is another avenue worth pursuing: even when parties explicitly stipulate what the remedy for a breach of contract is within the contract itself, courts can be persuaded to review it to make sure that the remedy is a reasonable one given the damage caused by the breach. If not, it might be deemed a "penalty clause" which courts do not like to enforce.
[snip]
But a court might also be persuaded to look more closely; typically, they will require that the remedy be tailored to the degree of breach. So the fact that modding for innocent reasons is not distinguished from cheating/piracy might be grounds for no enforcement of the provision.
Judicial scrutiny will be all the more strict because they're looking at an EULA (or, generally, contracts of adhesion) than when the terms were actually bargained over.
I see it as unfortunate that he doesn't get the recognition he deserves. If he were more "accepted", his ideas would probably have an even stronger impact.
Stallman is his own worst enemy. Somebody like Linus is easy-going, chatty and just generally a more likable fellow. Stallman sometimes comes off as a fanatic (it doesn't help that he looks like Rasputin).
I think it would help a lot if he dropped the "GNU/Linux" naming thing (I'm not saying he's wrong (I'm not saying he's right either)); it's getting pretty old.
So how about making human liver from living donors a viable food source? I figure as long as we don't those who eat donated liver also donate their livers to eat, it's all good.
I'm going to assume you (the parent poster) are not coming back... sometimes highly egotistical people leave a community and then come back a few months later and troll again...
If you (the reader, not the parent poster) are wondering why he's so mad, it's because he made some idiotic/wrong/confusing posts and argued with people who said correct things/refused to be corrected/insisted that "oblige" and "force" are not synonyms. Take/your/pick
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I just got fired today for false accusations that I broke an NDA with my ex-employer.
Just got back from the lawyers office. I don't have much chance of getting the job back, even if I wanted it, but I'm preparing legal action if they ever lie to future employers that I broke their NDA, because I in fact, did not. Yes, I can prove that.
FTFY, assuming you're serious.
Well obviously you haven't heard of his friend's phone. Incidentally it would be nice if he could tell us which phone it is...
What are you talking about? It wasn't even "edited" by kdawson!
You can't buy a car and then take out the engine and demand a refund on the engine, so why should you be able to buy a computer and not use the software and demand a refund on that?
I can think of three responses:
Tying is an unlawful monopolistic behavior.
The engine is an integral part of the car. The OS is just a set of instructions that the computer executes.
Do you know that you can't refund the engine?
Wrong URL.
Presumably you run it with no extensions, then?
No, it's much more secure with NoScript.
Someone should write some code to use this vulnerability to install and run the IE8 update program.
A real white hat would go the whole hog and install Firefox.
(think jailbroken except it's not against their terms!)
It's not? IIRC they were going to sell a "developer" (rooted) phone for ~twice the price and make you sign up for a developer account somewhere which IIRC costs ~$20.
Did you read the last sentence of GP before replying?
Netbooks would have been a diet, except Microsoft fucked everything up.
"Library of Congress" is a measure of information (bits, bytes)
What you want is, oh, I don't know, some massive object. LoC does not have a well defined mass (do you mean just the books? What about the CDs? Digital stuff? The whole building?)
Negative mass gets kind of weird, though.
Why should they, besides the fact that you want them to do so?
Your statement boils down to "They should do this because that is what I want them to do because it benefits me and not them."
Oh, I see. So it's a contract of adhesion since there is no unlocked version. If you listen to your legal team (who will approach the issue from the "what's the easiest case to argue" angle and not the "what can we maybe technically get away with" angle) you'll sell an unlocked version.
IANAL.
Seeing how aggressively they've pursued that case, you can see how they might get accused of doing a similar thing for the iPhone. I can just about imagine that Apple would have the arrogance to take a hard line on iPhone jailbreaking but I'd be mightily surprised if they had the legal and PR foolhardiness to actually deliberately brick devices.
They just give you the standard boilerplate EULA saying "this might brick a modded iPhone, so don't sue us" and then ignore you, assuming they can do whatever they want once you hit "yes".
At least, I assume that's what they did. If they left out the EULA, then they are complete fucking morons regardless of their intent.
IANAL.
Oh, and "I don't know, I didn't read the terms" is not a valid answer to the question. If you don't know, find out. If you don't know and the answer is "yes, it did", then you're failure to know is your own fault.
This is true. But there is another avenue worth pursuing: even when parties explicitly stipulate what the remedy for a breach of contract is within the contract itself, courts can be persuaded to review it to make sure that the remedy is a reasonable one given the damage caused by the breach. If not, it might be deemed a "penalty clause" which courts do not like to enforce.
[snip]
But a court might also be persuaded to look more closely; typically, they will require that the remedy be tailored to the degree of breach. So the fact that modding for innocent reasons is not distinguished from cheating/piracy might be grounds for no enforcement of the provision.
Judicial scrutiny will be all the more strict because they're looking at an EULA (or, generally, contracts of adhesion) than when the terms were actually bargained over.
[citation not needed]
IANAL; I suspect the parent isn't a lawyer either.
Or a better question, do you know more people that have used Linux or emacs?
Can you run emacs without Linux (or BSD (or Solaris (or "GNU/Linux" (or [insert-random-non-mainstream-os-here]))))?
Survey says yes. But how many Windows users have even heard of emacs?
Stallman is his own worst enemy. Somebody like Linus is easy-going, chatty and just generally a more likable fellow. Stallman sometimes comes off as a fanatic (it doesn't help that he looks like Rasputin).
I think it would help a lot if he dropped the "GNU/Linux" naming thing (I'm not saying he's wrong (I'm not saying he's right either)); it's getting pretty old.
Why fight it? It seems like a much cheaper solution would be for Microsoft to pay a fee for each copy of Windows sold in China.
What, all five of them?
Do unto others is fine and dandy. Somehow I doubt ignoring IP recognition treaties is something any western nation wants done unto them.
Unless I'm severely mistaken about what you're saying, it's already been done on to them.
If you hate even being asked about the EULA — stick to books. If enough people do this, *AA will change their practices.
No, they'll just blame the losses on piracy and demand more money from the courts.
If not, then this is not a big deal.
I don't see/hear about Asians^H^H [insert politically correct term here] protesting the human rights situation in China, is that also not a big deal?
So how about making human liver from living donors a viable food source? I figure as long as we don't those who eat donated liver also donate their livers to eat, it's all good.
This sentence order is of out.
someone please enlighten me as to why teh mayan calendar running out is a problem? didn't we run out of mayans ages ago?
Nope!
No, he'll say "Simple, open the app center, find which app you want, click install, done."
Then he'll ask the Mac and PC how they keep 3rd party apps up to date.
That's Ubuntu. Ubuntu uses GNOME. Linus hates GNOME.
Einstein's equations are too hard for a back-of-the-envelope calculation, and string theory has to many different varieties.
I'm going to assume you (the parent poster) are not coming back... sometimes highly egotistical people leave a community and then come back a few months later and troll again...
If you (the reader, not the parent poster) are wondering why he's so mad, it's because he made some idiotic/wrong/confusing posts and argued with people who said correct things/refused to be corrected/insisted that "oblige" and "force" are not synonyms. Take/your/pick