Yes, notoriously closed. However here (free registration required) is the source code for their quicktime streaming server. It is stated to run on RedHat and FreeBSD as well as NT and Solaris. Open Play, an abstraction layer for network gaming is here (which is in the process of being ported to linux) and of course here is the entire *nix layer for their new OS.
Hmm, I seem to be having a hard time connecting to www.publicsource.microsoft.com, www.opensource.microsoft.com, and www.microsoft.com/opensource/. They seem to be having some technical difficulty with those locations. However my search on their homepage showed their exact stand on Open Source here.
And of course those moronic Mac users are held captive by Apple having no other choices of operating systems as shown by these sites: www.yellowdoglinux.com, http://www.linuxppc.org/, www.debian.org/doc/FAQ/ch-compat.html#s-arches, www.turbolinux.com/about/factoids.html, www.netbsd.org/Ports/macppc/, and www.suse.com/products/susesoft/PPC/index.html.
This is not of course to say that Apple does not need to fix some licensing issues, port some things (Quicktime among those at the top of the list). However I just like to see things put into perspective. BTW, since all their new OS is composed of is the *nix layer and the MacOS X binaries that compose the GUI layer, you could probably port MacOS X to anything running a PPC. possibly including RS6000s, AS400s perhaps some of the S/390s as well. Has interesting possibilies. Can you say Photoshop, Doom III, Adobe Premiere/After Effects, Bryce 3D, and Ray Dream Studio running on a mainframe? Tired of waiting on your PC or Mac for the render to finish? Simply hack X all to hell and run it on a frame...
I can understand not wanting to port something live DiVX to Quicktime since quicktime has yet to be ported. However in the same light it is understandable that a company in their position that is working feverishly to release a *nix based OS, one I'd put my grandmother in front of, that runs off the shelf software may not have the time or manpower to spare to port QT to Linux. In the real world companies must release products that make money to stay in business. I am ok with Apple focusing on getting their OS into place before I start bitching about the lack of QT for linux. After they relase, then I may start bitching again. However try to find source code on Win 9x, Win 2k, or Novell. Sun it seems is also doing some cool things, however they require a $75 registration.
Main Entry: 1trademark Pronunciation: -"märk Function: noun Date: 1838 1 : a device (as a word) pointing distinctly to the origin or ownership of merchandise to which it is applied and legally reserved to the exclusive use of the owner as maker or seller
From: The 'Lectric Law Library http://www.lectlaw.com/def2/t039.htm
TRADEMARK OR MARK - A word, a name, a symbol, a device, or a combination of them that indicates the source of goods or services. Distinguishes the products or services of one business from those of others in the same field. The owner/assignee/licensee of a trademark/mark has the right to exclude others from using that trademark/mark by being the first to use it in the marketplace. Rights in a trademark/mark are obtained only through commercial use of the mark. The owner of a trademark/mark has the right to exclude others unless the trademark/mark has been abandoned.
I would suggest follwing the link and reading all of what was written under the second definition.
This seems to be indicative of words being tradmarks. Also from the second link: Implicit in the concept of a trade mark "is a requirement that there be direct association between the mark . . . and the services specified in the application, i.e. that it be used in such a manner that it would be readily perceived as identifying such services."
Now if I were just to say "prey sucks" for example, in a way that had no contextual linkage to the game by the same name, they would have absolutelty no recourse since I could be referring to a band, a book, a poem, or something completely unrelated. However if stated that "although I like most of Apogee's products their new game 'Prey' completely sucks ass". At that point the word prey would be their mark, since there is a direct correlation between their product with their trademarked name and the issues being discussed.
Which finally brings us to the meat of the issue. Whether it is their intention to only use it in response to fan sites, or whether they apply it to sites and/or other publications that review games, the point stands that it is possible that this license can be construed to force publishers/siteowners to remove less than good reviews of their software while it is hashed out in court.
Also there is the issue of screenshots. This could have a very damaging effect on publishers' ability to publish pics from games that have less than favorable reviews. And to throw my own two cents in, I have Duke 3d, it was amusing for a short while, tho the deathmatches kinda sucked. I may buy more Apogee products in the future if and only if they don't abuse this. I hear one peep about it and I'll 'broadcast from the rooftops' how they won't let people negatively review them and I will do everything in my power to see that this their abusiveness hurts them as much as possible.
You may be surprised how fast a hard core gamer gets pissed when they hear about game companies impeding game reviewers.
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Yes, notoriously closed. However here (free registration required) is the source code for their quicktime streaming server. It is stated to run on RedHat and FreeBSD as well as NT and Solaris. Open Play, an abstraction layer for network gaming is here (which is in the process of being ported to linux) and of course here is the entire *nix layer for their new OS.
Hmm, I seem to be having a hard time connecting to www.publicsource.microsoft.com, www.opensource.microsoft.com, and www.microsoft.com/opensource/. They seem to be having some technical difficulty with those locations. However my search on their homepage showed their exact stand on Open Source here.
And of course those moronic Mac users are held captive by Apple having no other choices of operating systems as shown by these sites: www.yellowdoglinux.com, http://www.linuxppc.org/, www.debian.org/doc/FAQ/ch-compat.html#s-arches, www.turbolinux.com/about/factoids.html, www.netbsd.org/Ports/macppc/, and www.suse.com/products/susesoft/PPC/index.html.
This is not of course to say that Apple does not need to fix some licensing issues, port some things (Quicktime among those at the top of the list). However I just like to see things put into perspective. BTW, since all their new OS is composed of is the *nix layer and the MacOS X binaries that compose the GUI layer, you could probably port MacOS X to anything running a PPC. possibly including RS6000s, AS400s perhaps some of the S/390s as well. Has interesting possibilies. Can you say Photoshop, Doom III, Adobe Premiere/After Effects, Bryce 3D, and Ray Dream Studio running on a mainframe? Tired of waiting on your PC or Mac for the render to finish? Simply hack X all to hell and run it on a frame...
I can understand not wanting to port something live DiVX to Quicktime since quicktime has yet to be ported. However in the same light it is understandable that a company in their position that is working feverishly to release a *nix based OS, one I'd put my grandmother in front of, that runs off the shelf software may not have the time or manpower to spare to port QT to Linux. In the real world companies must release products that make money to stay in business. I am ok with Apple focusing on getting their OS into place before I start bitching about the lack of QT for linux. After they relase, then I may start bitching again. However try to find source code on Win 9x, Win 2k, or Novell. Sun it seems is also doing some cool things, however they require a $75 registration.
From: Webster's Online Dictionary
http://www.miriamwebster.com/
Main Entry: 1trademark
Pronunciation: -"märk
Function: noun
Date: 1838
1 : a device (as a word) pointing distinctly to the origin or ownership of merchandise to which it is applied and legally reserved to the exclusive use of the owner as maker or seller
From: The 'Lectric Law Library
http://www.lectlaw.com/def2/t039.htm
TRADEMARK OR MARK - A word, a name, a symbol, a device, or a combination of them that indicates the source of goods or services. Distinguishes the products or services of one business from those of others in the same field. The owner/assignee/licensee of a trademark/mark has the right to exclude others from using that trademark/mark by being the first to use it in the marketplace. Rights in a trademark/mark are obtained only through commercial use of the mark. The owner of a trademark/mark has the right to exclude others unless the trademark/mark has been abandoned.
I would suggest follwing the link and reading all of what was written under the second definition.
This seems to be indicative of words being tradmarks. Also from the second link: Implicit in the concept of a trade mark "is a requirement that there be direct association between the mark . . . and the services specified in the application, i.e. that it be used in such a manner that it would be readily perceived as identifying such services."
Now if I were just to say "prey sucks" for example, in a way that had no contextual linkage to the game by the same name, they would have absolutelty no recourse since I could be referring to a band, a book, a poem, or something completely unrelated. However if stated that "although I like most of Apogee's products their new game 'Prey' completely sucks ass". At that point the word prey would be their mark, since there is a direct correlation between their product with their trademarked name and the issues being discussed.
Which finally brings us to the meat of the issue. Whether it is their intention to only use it in response to fan sites, or whether they apply it to sites and/or other publications that review games, the point stands that it is possible that this license can be construed to force publishers/siteowners to remove less than good reviews of their software while it is hashed out in court.
Also there is the issue of screenshots. This could have a very damaging effect on publishers' ability to publish pics from games that have less than favorable reviews. And to throw my own two cents in, I have Duke 3d, it was amusing for a short while, tho the deathmatches kinda sucked. I may buy more Apogee products in the future if and only if they don't abuse this. I hear one peep about it and I'll 'broadcast from the rooftops' how they won't let people negatively review them and I will do everything in my power to see that this their abusiveness hurts them as much as possible.
You may be surprised how fast a hard core gamer gets pissed when they hear about game companies impeding game reviewers.