It is very wrong to say that the law will always consider intent. Strict liability is the obvious example of no-intent liability. Many other examples exist.
In the world of contracts, it is more accurate to say that assent is the deciding factor. What was the shared intent of the parties in creating this specific instance of the GPL contract? The notion of "shared intent" is often referred to as the "meeting of the minds." This is a very different concept than unilateral intent.
What is the correct definition of "a whole" under the cited provision? Sold in the same box? Under the same name? It could mean anything.
The GPL is riddled with ambiguity and will most likely support any and all arguments. The only hope is that the judge will have the patience to sort through the encyclopaedic archives relating the drafters' intent.
My guess is that the GPL will sink like a lead balloon.
The lesson: you might hate lawyers, but they draft better contracts than you do.
...that manual labor in NYC works about 1 hour per day, in the middle of the night, with thirteen mandatory coffee breaks, on a time and materials basis charged back to the taxpayers. Dirty, filthy union leeches sucking on the backs of hard-working wall street yuppies.
My friend was hauled into a leisure suit to get at a fondue party. As a small duck, he faced big duck bills.
Are you smart enough to stand up for yourself?
on
Sean In The Middle
·
· Score: 1
I agree with the parent. I am a black belt, and I've never felt picked on. Sure, people try (maybe even more so once they discover that you are advanced in karate), but I save my fights for point-sparring with people I respect and love as brothers.
Last, quick point: If you don't show any interest in your antagonist, he'll lose interest. The best defense is utter, uncompromising apathy.
The virus writer's copyright is effective without an EULA. However, reverse engineering a copyright is not infringement. If the virus were patented, then there would be infringement without an EULA. So, you are correct that a virus that is merely covered by a copyright would require an EULA that says that reverse engineering is not allowed.
How did this get modded up? Every single website (with a few exceptions, including/.) has a terms of use. Are you just catching on to this?!
Well, anyway, enough berating. You are correct in your comparison to shrink-wrap licenses. However, unlike shrink-wraps, which are bolstered by laws like UCITA and certain case law, the website terms of use are probably not enforceable in a court of law. (At least one would hope not.)
Re:Mild spelling flame: it's TANSTAAFL (nt)
on
Juno And Privacy
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· Score: 1
There
A? (WTF is this? Isn't it supposed to be "I"?)
No
Such
Thing
As
A
Free
Lunch
My Dreamcast has been on nearly 24x7 since Thanksgiving 1999. No problems whatsoever. Also, I live in NYC and it was delivered to my door within an hour of when I bought it.
Sorry, but my own personal research indicates that Real blows. The picture is riddled with obtrusive artifacting, the sound raspy and the frame rate (even on a very fast connection) is choppy.
Hey, since you're an employee of Real, would you mind telling the powers that be that Real's installer is the most offensive POS in existence. How many goddamn times do I have to check/uncheck boxes in order to send the message to you jokers that I DON'T WANT YOU TO SPAM ME!!
BTW, spell "comparative" three time out loud. Sloppy, just like your crummy product.
Hello?! Wireless information devices, huh? I use a G3400 PB on an airport network every day. It may not have much of a range, but it kicks ass over anything M$ and Symbian have to offer today. Now, if only I could get Guiliani to implement a contiguous wireless LAN throughout Manhattan.
And then a wise young person took ESR aside and explained to him the difference between owning software and licensing it.
Incidentally, nobody controls software unless they developed it themselves and retained unfettered rights in it. Otherwise, concessions have to be made. Even a source code escrow is conditioned on rather narrow triggering events.
Re:MIT Lockpicking guide.
on
Infiltration
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· Score: 1
If I wanted expertise in lockpicking, MIT is the last place I'd go.
Re:Do owners have good reasons to keep people out?
on
Infiltration
·
· Score: 1
That's the good old "Doctrine of Attractive Nusiance" at play. One of the leading cases involves a swimming pool-like holding tank full of lye (or some other harmful, clear liquid) and at least one very unfortunate young children.
Slashdot Mirror
Then why does it suck so bad?
It won't hold water. There ought to be a malpractice suit on the horizon, if what you say is true.
Didn't I just say that I challenge anyone to define "a part of the whole" distribution? Have fun.
It is very wrong to say that the law will always consider intent. Strict liability is the obvious example of no-intent liability. Many other examples exist.
In the world of contracts, it is more accurate to say that assent is the deciding factor. What was the shared intent of the parties in creating this specific instance of the GPL contract? The notion of "shared intent" is often referred to as the "meeting of the minds." This is a very different concept than unilateral intent.
What is the correct definition of "a whole" under the cited provision? Sold in the same box? Under the same name? It could mean anything.
The GPL is riddled with ambiguity and will most likely support any and all arguments. The only hope is that the judge will have the patience to sort through the encyclopaedic archives relating the drafters' intent.
My guess is that the GPL will sink like a lead balloon.
The lesson: you might hate lawyers, but they draft better contracts than you do.
...that manual labor in NYC works about 1 hour per day, in the middle of the night, with thirteen mandatory coffee breaks, on a time and materials basis charged back to the taxpayers. Dirty, filthy union leeches sucking on the backs of hard-working wall street yuppies.
It just got too damn hard in the part with the time bombs.
Typical tech support response -- evade the question and pass the buck to the customer. You, sire, are part of the problem.
My friend was hauled into a leisure suit to get at a fondue party. As a small duck, he faced big duck bills.
I agree with the parent. I am a black belt, and I've never felt picked on. Sure, people try (maybe even more so once they discover that you are advanced in karate), but I save my fights for point-sparring with people I respect and love as brothers. Last, quick point: If you don't show any interest in your antagonist, he'll lose interest. The best defense is utter, uncompromising apathy.
Why do so many clients ask their lawyers to do stupid things on their behalf? You are *the* jackass of jackasses.
...that all geeks everywhere are united in their efforts to transform the word "than" into "then". Please bear this in mind from now on.
are ignorami that can't spell.
The virus writer's copyright is effective without an EULA. However, reverse engineering a copyright is not infringement. If the virus were patented, then there would be infringement without an EULA. So, you are correct that a virus that is merely covered by a copyright would require an EULA that says that reverse engineering is not allowed.
How did this get modded up? Every single website (with a few exceptions, including /.) has a terms of use. Are you just catching on to this?!
Well, anyway, enough berating. You are correct in your comparison to shrink-wrap licenses. However, unlike shrink-wraps, which are bolstered by laws like UCITA and certain case law, the website terms of use are probably not enforceable in a court of law. (At least one would hope not.)
There A? (WTF is this? Isn't it supposed to be "I"?) No Such Thing As A Free Lunch
My Dreamcast has been on nearly 24x7 since Thanksgiving 1999. No problems whatsoever. Also, I live in NYC and it was delivered to my door within an hour of when I bought it.
I can tell you from personal experience that DirecTV conducted abusive lawsuits against these pirates for a quite a while.
Dayum, foolz. H-Dog will straighten out this accountz receevable bidness with a quickness, G.
Why would we be "lucky" if crowds flock to this movie. I'd prefer that they bugger off and stay home so I can sit where I want.
Do I really want to improve the chances that some jackass will be kicking the back of my seat?
Sorry, but my own personal research indicates that Real blows. The picture is riddled with obtrusive artifacting, the sound raspy and the frame rate (even on a very fast connection) is choppy.
Hey, since you're an employee of Real, would you mind telling the powers that be that Real's installer is the most offensive POS in existence. How many goddamn times do I have to check/uncheck boxes in order to send the message to you jokers that I DON'T WANT YOU TO SPAM ME!!
BTW, spell "comparative" three time out loud. Sloppy, just like your crummy product.
Hello?! Wireless information devices, huh? I use a G3400 PB on an airport network every day. It may not have much of a range, but it kicks ass over anything M$ and Symbian have to offer today. Now, if only I could get Guiliani to implement a contiguous wireless LAN throughout Manhattan.
And then a wise young person took ESR aside and explained to him the difference between owning software and licensing it.
Incidentally, nobody controls software unless they developed it themselves and retained unfettered rights in it. Otherwise, concessions have to be made. Even a source code escrow is conditioned on rather narrow triggering events.
If I wanted expertise in lockpicking, MIT is the last place I'd go.
That's the good old "Doctrine of Attractive Nusiance" at play. One of the leading cases involves a swimming pool-like holding tank full of lye (or some other harmful, clear liquid) and at least one very unfortunate young children.