Is anybody else stricken with the urge to put Bill Gates and John Sun (?) in a pit for a death match?
We could place bets over the internet. I wonder how they would make the odds work though; everybody betting on Gates would have their computer crash while betting.
It's good that Peacefire keeps doing their research and making their (often startling) results public. But you never see this issue thoroughly addressed in mainstream media, or even the more legit online sources.
At best, you occasionally read a statement that filtering "sometimes" incorrectly blocks sites.
The decisions get made by politicians who are trying to please (or placate?) the everyday citizens. The everyday citizens just knows that there is a lot of porn on the net and that filtering software is supposed to keep kids out of it. That over-simplified perception won't change until their favorite local TV personality tells them otherwise.
What can we do to make this information well-known, rather than just preaching to the choir?
With the new data, we can say that the closest the object can approach the Earth in 2030 is 11 lunar distances on September 23....
While the new orbital calculations have ruled out the 2030 event, they have also increased the likelihood of encounters in years after 2030....
The media attention was due to an early announcement; NASA is no longer saying that there is any chance in 2030. There is, however, a 1-in-1000 chance in 2071.
So that's why they fall over! To mate! You genius, you've single handedly explained the whole phenomenon!
It's a good thing you posted, otherwise they might have stopped lettings planes fly over, which would put penguins at risk of never getting laid again. I doubt penguins could adjust to that as easily as you have.
If they go up far enough that the air is significantly thinner, wouldn't their terminal velocity be much faster? Of course, they would feel less "wind" too, so it might not feel fast to the jumper.
Even so, they might set a vehicleless-human airspeed record too!
I think that typosquatting is perfectly acceptable. So to preserve this precious right, I am going to register all possible domain names. This is aproximately...a shitload...of names. This project will require aproximately several shitloads of funding, plus an extra half shitload for caffeine expenses.
If you would like to contribute to my cause, please send donations to www.wippo.gov
Maybe it would be better to grab all possible IP numbers and trademark them. Or patent the idea of that particular number going to a website.
nice jab at open source software, there, too. can't have a story about MS on MSNBC without SOME kind of jab at OSS
Exposing Windows source exclusively to malicious people would be dangerous. Security through obscurity isn't just bad in general, but it's really bad if the obscurity is destroyed.
Exposing source in OSS works well because it is exposed to everyone, and worked on by many people who are trying to make the project better.
Next you'll be complaining that MSNBC says lots of good things about linux, but only to fortify MS's claim that linux is competition.
There is unlawful 'search' and seizure.
I wonder how far the U.S. thinks it can bend our rights.
Yes, and there is such thing as a search warrant. Many of them are even justified, based on probable cause. In such cases, the FBI needs the tools to get the right information.
We should certainly worry that they are abusing their power, or that some black hat will subvert the technology. But you cannot expect them to do their jobs without access to modern tools.
If you walk into a private business, you implicitly agree to be videotaped. If you visit a commercial website, logging is no different.
I don't think anybody is questioning the legal right to keep logs. What is questionable is the repurcusions. Somebody's.sig reads "Just because you can, doesn't mean you should.", and that seems to be an appropriate argument...
A few people have pointed out that using OSS leaves you with nobody to sue in case of a problem. Hospitals get sued constantly and would like someone to hold accountable.
But all software I ever seen, free or proprietary, comes with a notice that there are no guarantees. IIRC, it's even a part of the GPL. The main difference between OSS and proprietary stuff is that for proprietary software, the disclaimer is usually part of the EULA.
Hospitals using Windows have probably "signed" a EULA stating that they acknowledge that Windows may or may not work at all. For other software, they may have even agreed to pay for the developer's legal defense costs!
With OSS, maybe hospitals can hope that the GPL will be wholly invalidated and they can sue after all. We can use the questionable legality of the GPL as a marketing tool to sell to organizations who like to sue people.
Now, on the other hand, if there is Micro$oft Dr. Bob or something, and it crashes all the time and such, then Micro$oft can be held responsible, and both the hospital and patients can sue them for making crappy software. Even though this product would be less reliable, it is better from a legal standpoint as they could shift the blame to someone else rather than the hospital.
Uhm, have you read an EULA lately? I've yet to see *any* software (proprietary or free) that doesn't disclaim all liability for this sort of situation. The patient would just sue the hospital for not only using unreliable software, but for doing so with no guarantee of its quality.
I would agree with this except for the fact that you typically can not read the EULA until after you have paid for the software and can not get a refund if you opened the software which is a necessary condition in order to read the EULA.
My (crappy) understanding of contract law is that the store would be required to refund your money if you choose not to agree to the EULA after "purchasing" it. Judging by the mockery I've received, some people disagree with my interpretation. Anyway, I would support a law which would force stores or manufactures to (quickly and easily) refund money in that situation.
Another problem with this is that there is no requirement for EULAs to be in plain english. Most are in legelese.
So, if you could get the "Critial Update" for a massive security vulnerability in your OS only by agreeing to the terms of a bundled EULA, would your decision to accept the terms of the Update be of your own free will?
Win ME comes with a 90 day warranty (yes, that it way too short, but it is in big bold letters and I knew about it before agreeing). If it does not do what it claims to do in that 90 day period, I am entitled to repairs, a refund, or an exchange. Updates would seem to count as repairs; if they want to to agree to another contract, I should have the right to get a refund instead. If they refuse that, I will sue them because they broke their word and our contract.
After 90 days, they could wrap the update with an agreement stating that I consent to be anally raped by Bill Gate's Saint Bernard. I would not agree to that contract, but I would not bitch and moan. I screwd myself over by agreeing, but I knew I might be screwed and I agreed anyway.
I know the limitations of the warranty. I know that there is no realy guarrantee that Win ME will even boot after 90 days. I chose to gamble on it. If I chose wrong, I know that MS has no real obligation to protect me from my stupidity.
To apply this little rant to your argument:
It's not like the vendor is holding a gun to your head, but they are saying, in effect, "Somebody else could very well be pointing a gun at you, and you are vulnerable (owing to a hole in the armor we sold you earlier), but we have a repair kit for the armor, so everything is okay. Oh, but in order to get the repair kit, you will need to agree to these additional terms..."
When I purchased the armor, I agreed that there was no guarantee of its effectiveness after 90 days. At that time, I chose to risk my life so that I could have armor that could play cool video games. I could have used Penguin Armor, but I chose not to because all the straps and buckles confused me.
After 91 days, I'm in eminent danger because of a flaw in the armor I chose. MS can fix my armor.
If, as in your argument, this is a life and death situation, MS has an moral obligation to patch my armor with no fuss. If they force me to sign away my left testicle, I will feel no obligation to give it to them because I had no other choice except death. A life-and-death situation would not be free choice.
If, as in most real life situation, I am only exposed to financial loss, then it is free choice. I knew I was gambling by choosing armor which I was not allowed to check for holes. I knew the possible consequences of failure. I agreed anyway. I gambled and loss.
MS has no obligation to save every e-commerce company's ass unless they formed a contract to do so.
I saw no license before I laid down the cash for a PC. No warning on the box nor from the store.
They sold you something (Windows, not the physical PC) which was of no value unless you entered into another contract. They refused to nullify the initial purchase contract (implied by you giving them money). That is a bait and switch. Contact an attorney, contact the Better Business Bureau, and sue the store.
If you encounter a license and you think it is unfair that you you have to agree to it, just don't agree to it. If you think it is illegal that you have to agree to it, stop whining and get a lawyer.
abiding by Contracts is not a question of morality. It is a question of law
Replace "contract" with "your word". Is it still strictly a legal issue, or a moral one also? Just because you can break your word without being punished by the law doesn't mean you should.
However, I do agree that some contracts should be unenforceable, with no moral obligations.
IIRC, Interest rates on credit cards are capped to protect consumers. If I sign an agreement stating that I will pay 75% interest on my card, it just doesn't count. I won't feel any moral obligation to pay that rate. Our society has a standing rule, indicated by law, that that clause just doesn't count.
EULAs are currently ambiguous. There is not currently a standing rule that they don't count. Should we break our words based on the notion that maybe someday that rule will exist?
...sometimes wonder whether someone has embedded some verbiage like "we reserve the right to send all of your system information back to our computers and sell it to the highest bidder."
From the EULA which accompanied Win ME:
"SUPPORT SERVICES: Microsoft may provide you with support services related to the SOFTWARE PRODUCT ("Support Services")....With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies you."
If MS considers their automated update system to be a Support Service, and they consider selling info to be a business purpose, then they could do exactly what you suggest.
And Win ME always accesses the 'net when I install new hardware...hmmm....I better not install that penis measuring device.
If you agree to a contract, whether it be a written document or a clickthrough license, you are morally bound to abide by it. Most people would make an exception if you were coerced into agreeing, or had no other viable choice. If you were starving to death and someone offered you a loaf of bread in exchange for your firstborn, I don't think you should feel guilty about taking the food and keeping the child.
With a few exceptions, no software is critical for anybody's survival. I didn't purchase Windows ME in order to prolong my life, I did it so I could play cool video games. And Bill Gates did not send large, burly goons to beat me up to get me to agree to the license.
I agreed to the license of my own free will, knowing the terms of it (I read EULAs), so I am ethically bound to abide by the terms.
"...everything has to be perfect for life as we know it to exist."
So what? Everything has to be perfect for the number 46820981 to selected from a range of 0 to 9999999999, but after the fact we don't say how impressive (or miraculous) it is that 46820981 was selected.
Probability is meaningless after the fact. What is the probability that life developed in this universe? 100%, so don't be impressed that it happened. What is the probability that Adolf Hitler rules the world? 0%.
Now if this astronomer can make predictions on what life forms will emerge from such-and-such primordial ooze, I will be impressed.
Something to think on before you get too awed by the unliklihood of life:
If it is possible for sentient life to develop by chance (most would agree that it is), and the universe has existed and will exist for an infinite amount of time (this idea is losing popularity though), and there are inifinite "chances" for life to develop, then sentient life will eventually develop no matter how unlikely it was at the time it happened, and no one will notice until it happens.
Slashdot Mirror
Fair enough. But if it makes you (and Mr. Microsystem) feel any better, I gave him odds.
My mom is not a Karma whore!
We could place bets over the internet. I wonder how they would make the odds work though; everybody betting on Gates would have their computer crash while betting.
My mom is not a Karma whore!
...I want it banned from the classroom, and installed on my TV.
My mom is not a Karma whore!
At best, you occasionally read a statement that filtering "sometimes" incorrectly blocks sites.
The decisions get made by politicians who are trying to please (or placate?) the everyday citizens. The everyday citizens just knows that there is a lot of porn on the net and that filtering software is supposed to keep kids out of it. That over-simplified perception won't change until their favorite local TV personality tells them otherwise.
What can we do to make this information well-known, rather than just preaching to the choir?
My mom is not a Karma whore!
You just wanted to flaunt the fact that you not only read, but subscribe to, "Trends in Genetics", right?
My mom is not a Karma whore!
While the new orbital calculations have ruled out the 2030 event, they have also increased the likelihood of encounters in years after 2030....
The media attention was due to an early announcement; NASA is no longer saying that there is any chance in 2030. There is, however, a 1-in-1000 chance in 2071.
Please click links in stories before posting.
My mom is not a Karma whore!
So that's why they fall over! To mate! You genius, you've single handedly explained the whole phenomenon!
It's a good thing you posted, otherwise they might have stopped lettings planes fly over, which would put penguins at risk of never getting laid again. I doubt penguins could adjust to that as easily as you have.
My mom is not a Karma whore!
Bad self, bad!
My mom is not a Karma whore!
Even so, they might set a vehicleless-human airspeed record too!
My mom is not a Karma whore!
If you would like to contribute to my cause, please send donations to www.wippo.gov
Maybe it would be better to grab all possible IP numbers and trademark them. Or patent the idea of that particular number going to a website.
My mom is not a Karma whore!
Sure, people have been using phone numbers for similar effects for a long time, but this particular number has always been mine.
My mom is not a Karma whore!
Exposing Windows source exclusively to malicious people would be dangerous. Security through obscurity isn't just bad in general, but it's really bad if the obscurity is destroyed.
Exposing source in OSS works well because it is exposed to everyone, and worked on by many people who are trying to make the project better.
Next you'll be complaining that MSNBC says lots of good things about linux, but only to fortify MS's claim that linux is competition.
My mom is not a Karma whore!
Yes, and there is such thing as a search warrant. Many of them are even justified, based on probable cause. In such cases, the FBI needs the tools to get the right information.
We should certainly worry that they are abusing their power, or that some black hat will subvert the technology. But you cannot expect them to do their jobs without access to modern tools.
My mom is not a Karma whore!
I don't think anybody is questioning the legal right to keep logs. What is questionable is the repurcusions. Somebody's .sig reads "Just because you can, doesn't mean you should.", and that seems to be an appropriate argument...
My mom is not a Karma whore!
I wonder if the API calls and file formats are protections for the copyrighted algorithms?
My mom is not a Karma whore!
But all software I ever seen, free or proprietary, comes with a notice that there are no guarantees. IIRC, it's even a part of the GPL. The main difference between OSS and proprietary stuff is that for proprietary software, the disclaimer is usually part of the EULA.
Hospitals using Windows have probably "signed" a EULA stating that they acknowledge that Windows may or may not work at all. For other software, they may have even agreed to pay for the developer's legal defense costs!
With OSS, maybe hospitals can hope that the GPL will be wholly invalidated and they can sue after all. We can use the questionable legality of the GPL as a marketing tool to sell to organizations who like to sue people.
My mom is not a Karma whore!
Uhm, have you read an EULA lately? I've yet to see *any* software (proprietary or free) that doesn't disclaim all liability for this sort of situation. The patient would just sue the hospital for not only using unreliable software, but for doing so with no guarantee of its quality.
My mom is not a Karma whore!
My (crappy) understanding of contract law is that the store would be required to refund your money if you choose not to agree to the EULA after "purchasing" it. Judging by the mockery I've received, some people disagree with my interpretation. Anyway, I would support a law which would force stores or manufactures to (quickly and easily) refund money in that situation.
Another problem with this is that there is no requirement for EULAs to be in plain english. Most are in legelese.
If you don't understand it, don't agree to it.
My mom is not a Karma whore!
Win ME comes with a 90 day warranty (yes, that it way too short, but it is in big bold letters and I knew about it before agreeing). If it does not do what it claims to do in that 90 day period, I am entitled to repairs, a refund, or an exchange. Updates would seem to count as repairs; if they want to to agree to another contract, I should have the right to get a refund instead. If they refuse that, I will sue them because they broke their word and our contract.
After 90 days, they could wrap the update with an agreement stating that I consent to be anally raped by Bill Gate's Saint Bernard. I would not agree to that contract, but I would not bitch and moan. I screwd myself over by agreeing, but I knew I might be screwed and I agreed anyway.
I know the limitations of the warranty. I know that there is no realy guarrantee that Win ME will even boot after 90 days. I chose to gamble on it. If I chose wrong, I know that MS has no real obligation to protect me from my stupidity.
To apply this little rant to your argument:
It's not like the vendor is holding a gun to your head, but they are saying, in effect, "Somebody else could very well be pointing a gun at you, and you are vulnerable (owing to a hole in the armor we sold you earlier), but we have a repair kit for the armor, so everything is okay. Oh, but in order to get the repair kit, you will need to agree to these additional terms..."
When I purchased the armor, I agreed that there was no guarantee of its effectiveness after 90 days. At that time, I chose to risk my life so that I could have armor that could play cool video games. I could have used Penguin Armor, but I chose not to because all the straps and buckles confused me.
After 91 days, I'm in eminent danger because of a flaw in the armor I chose. MS can fix my armor.
If, as in your argument, this is a life and death situation, MS has an moral obligation to patch my armor with no fuss. If they force me to sign away my left testicle, I will feel no obligation to give it to them because I had no other choice except death. A life-and-death situation would not be free choice.
If, as in most real life situation, I am only exposed to financial loss, then it is free choice. I knew I was gambling by choosing armor which I was not allowed to check for holes. I knew the possible consequences of failure. I agreed anyway. I gambled and loss.
MS has no obligation to save every e-commerce company's ass unless they formed a contract to do so.
My mom is not a Karma whore!
They sold you something (Windows, not the physical PC) which was of no value unless you entered into another contract. They refused to nullify the initial purchase contract (implied by you giving them money). That is a bait and switch. Contact an attorney, contact the Better Business Bureau, and sue the store.
If you encounter a license and you think it is unfair that you you have to agree to it, just don't agree to it. If you think it is illegal that you have to agree to it, stop whining and get a lawyer.
My mom is not a Karma whore!
Replace "contract" with "your word". Is it still strictly a legal issue, or a moral one also? Just because you can break your word without being punished by the law doesn't mean you should.
However, I do agree that some contracts should be unenforceable, with no moral obligations.
IIRC, Interest rates on credit cards are capped to protect consumers. If I sign an agreement stating that I will pay 75% interest on my card, it just doesn't count. I won't feel any moral obligation to pay that rate. Our society has a standing rule, indicated by law, that that clause just doesn't count.
EULAs are currently ambiguous. There is not currently a standing rule that they don't count. Should we break our words based on the notion that maybe someday that rule will exist?
My mom is not a Karma whore!
From the EULA which accompanied Win ME:
"SUPPORT SERVICES: Microsoft may provide you with support services related to the SOFTWARE PRODUCT ("Support Services")....With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies you."
If MS considers their automated update system to be a Support Service, and they consider selling info to be a business purpose, then they could do exactly what you suggest.
And Win ME always accesses the 'net when I install new hardware...hmmm....I better not install that penis measuring device.
My mom is not a Karma whore!
With a few exceptions, no software is critical for anybody's survival. I didn't purchase Windows ME in order to prolong my life, I did it so I could play cool video games. And Bill Gates did not send large, burly goons to beat me up to get me to agree to the license.
I agreed to the license of my own free will, knowing the terms of it (I read EULAs), so I am ethically bound to abide by the terms.
My mom is not a Karma whore!
Fair enough. If that's the weak point in my argument then I did pretty good.
My mom is not a Karma whore!
So what? Everything has to be perfect for the number 46820981 to selected from a range of 0 to 9999999999, but after the fact we don't say how impressive (or miraculous) it is that 46820981 was selected.
Probability is meaningless after the fact. What is the probability that life developed in this universe? 100%, so don't be impressed that it happened. What is the probability that Adolf Hitler rules the world? 0%.
Now if this astronomer can make predictions on what life forms will emerge from such-and-such primordial ooze, I will be impressed.
Something to think on before you get too awed by the unliklihood of life:
If it is possible for sentient life to develop by chance (most would agree that it is), and the universe has existed and will exist for an infinite amount of time (this idea is losing popularity though), and there are inifinite "chances" for life to develop, then sentient life will eventually develop no matter how unlikely it was at the time it happened, and no one will notice until it happens.
My mom is not a Karma whore!