Of course -- if IBM suffers actual damages as a result of the wrongful termination of a contract, IBM can countersue for damages. While I never said that they could do that, I never said that they couldn't.
You whole argument is premised on the assumption that SCO will lose. I *do* agree with you that it is not likely that SCO will win.
But SCO feels it has a strong case, and they feel that they will NOT lose. If SCO does *wins* their case 100%, IBM can't sue for material breach on SCO's part at all. Whether a court would order IBM to cease and desist it's entire AIX operations is irrelevant. If SCO is right, and there *is* material breach, then SCO is under no obligation to hold up their end of the contract -- at all -- unless a court determines that SCO and IBM are each partly at fault. That's when the court can order that SCO hold up its part of the bargain, and fine IBM for not holding up it's part.
You are correct in saying that it probably harms their legal case more than it helps -- but if (and only if) SCO is not 100% right and IBM is 100% at fault for breach of contract. If that's the case, SCO is under no obligation to hold up its part of the agreement -- at all. And in SCO's mind, that's exactly what's happening, at least that's how it appears on the surface.
Me thinks someone has some resentment for people daring to judge others...
I was merely speaking factually. The U.S. was founded -- in large part -- by Puritans who left England to be free to practice their way of life, which was largely in conflict with the Anglican church.
The values of these Puritans -- which are describe to be "Puritanical" -- had a large impact on the culture of the United States. There were taboos about sex and modesty which are largely nonexistant in most European countries. In Europe it is commonplace to find nudity and even sex on what they refer to as the 'telly'. Here, however, nudity on TV, particularly during certain hours of the day, is considered a violation of FCC rules. This stems from our cultural taboos about sex, which were largely inherited from those early Puritans.
Hard work, on the other hand, is largely revered for the same reason. One main concept of Puritan philosophy is that 'idle hands (or idle mind) are the playground of the Devil.' One was to work all day, and rest only for short periods to avoid being tempted by Satan. This attitude also had a large influence on our culture in the U.S. and is largely responsible for our capitalistic society which reveres hard work, and shuns those who avoid it.
Did you even read the second paragraph of Transient0's post?
Medically the second and third are used, with the added caveat that it is not an activity or substance normally considered to be necessary for survival (otherwise we are all food, oxygen and sleep addicts).
That would *exclude* air, water, food, caffeine, and probably UN*X as well.;)
Intrestingly enough the terms 'hard-core drinker' and 'alcohol addict' (or 'alcoholic', as we usually refer to alcohol addicts) are nearly synonymous. The term addict in common parlance largely depends on the taboos of the culture it seems. Someone who is into 'hard-core pr0n' is often called a 'sex addict.' But a 'hard-core coder' is almost never called a 'workaholic' or a 'work addict' because our largely Puritanical society defines 'hard-core work' to be a Good Thing(tm), while 'hard-core sex' is a Bad Thing(tm). Whether 'hard-core gaming' is a Bad Thing(tm) or not probably depends largely on who you talk to. In the Slashdot crowd, this would be a revered quality, but in the Soccer Mom crowd, this would probably be looked upon negatively.
Okay, I'll admit, I was previously unclear on the concept of Zionism. I tried to google for 'Zion' and came up with nothing but a bunch of Christian churches. Maybe I should have googled for 'Zionism'.;)
There's actually a lot of factors that contribute to carpal tunnel. I'm the same as you, I have no problems and have never used special keyboards or R/L hand mouse switching. A programmer friend of mine has to wear the wrist braces because his CTS is so bad, and he also started when he was young.
Some things include factors such as your own work habits. For instance, do you take breaks from the keyboard and mouse? I take a break every couple of hours to stretch my legs, otherwise I start to get that cramps in my legs from sitting for too long. This is *good* for the wrists and highly encouraged by doctors to avoid RSIs such as CTS. Also the *size* of ones wrists could be a factor -- people with larger wrists have larger nerve pathways, and hence (possibly) a decreased risk for nerves getting pinched. I have large wrists -- so large in fact that many bracelets will not fit me.
The cramping of wrists actually has nothing to do with CTS. CTS != RSI, but CTS is ONE kind of RSI, as someone else pointed out. You could have an RSI, but not necessarily CTS.
I've been using computers for heavily decades and I've never had any real effects from it all. Ow! Now only if that tingling in my hands would go away...
Please, don't call "The Truth" whatever is discussed in the Matrix : you've got your perception of the reality whereas Egyptians may have theirs.
They are living not far from Israel who did take some of their territories during the 1967 war they actually started (the E., not the I.).
For this reason, we can understand that Joe-6-amphorae (the average Egyptian) doesn't want to see a movie which describes the fear Zion people are living in.
You are the only person I see so far that *gets* it -- only you slightly missed it by *that* much.../me holds thumb and index finger together
Mostly, the Egyptian censor is probably freaking out of about the word 'Zion'. Islamists call the people of Israel and all countries that support Israel (esp. the U.S.) 'Zionists', referring I'm sure to Mt. Zion...the Egyption censor feels that the term Zion anyway, refers to Israel.
That's it. That's all that he's freaked out about, most likely.
But aren't they required to prove that IBM is in material breach before dropping their obligations under the bargain?
No. A contract can be terminated by any party at any time for material breach. If one party is wrongly accused of material breach, then their recourse is to go to court. The court can then have that *reinstated* and order the accusing party (SCO in this case) to hold up their end of the bargain (reinstate IBM's license).
Actually, legally a sales contract to buy a car is completed after the sale has been performed. Once you get the money and they get the car, the contract is terminated. That doesn't mean you can get the car back because you're not licensing the car, your transferring physical ownership of a tangible item (a car) -- that's what your agreeing to you when you enter the contract to sell the car.
If you sell someone the right to use a peice of software, you are essentially selling them intellectual "property" (gee, thus the term.) Unless the contract specifies otherwise, the grant is perpetual -- it's not like MS can take away my right to use the copy of Windows 95 just cause they want to -- they have to prove I violated their license first.
If you violate the terms of the license agreement, then oh yes Microsoft *can* revoke your license, at least if the court holds the EULA to be legal and binding (which is another issue entirely). This is what SCO is claiming IBM is doing, and hence they are revoking their license.
In the court of public opinion, however, this would be the same as admitting guilt. And IBM is *not* about to do that. Besides, AIX has a HUGE installed base (including a few boxes that I'm in charge of at work;) and IBM can't bail on their customers who continue to pay fees on maintenance contracts (like mine;).
IANAL, but I play one on the Net. There's really no such thing as a perpetual contract. Contacts that are 'in perpetuity' are almost always held to be unenforceable in a court of law.
Also, SCO is claiming that IBM is in material breach, which means that under the equity doctrine, SCO is not under any obligation to hold up their end of the bargain.
Yeah, but Walmart matches and in someways surpasses Microsoft in evilness:
They actively participate in censorship within their own stores (they refuse to carry music with explicit lyrics)
They actively participate in price fixing and collusion
They actively seek to put their competitors out of business -- and more often then not they succeeed
Once they set themselves up as a virtual monopoly in an area, they raise prices to the point of gouging their customers
They actively seek to maintain their monopolies in areas they have set themselves up as one
They refuse to open their file formats so that other applications can be compatible -- no wait, that's Microsoft. Sorry, I get them confused sometimes;)
The principal author of this position paper (Raymond) has been a Unix developer since 1982, is a technical specialist in systems programming technologies related to those at issue, and is a historian whose writings on the open-source community and Unix ([TNHD], [CATB], [TAOUP]) are widely considered authoritative both within the community and outside it. He has been since 1997 one of the leading theorists and (both in his individual capacity and as the president of OSI) one of the principal spokespersons/ambassadors for the open-source community.
I'd say that pretty much qualifies him as an authority on Unix and open source, wouldn't you?
I agree. FreeBSD is *genetic* Unix, and that is the sense in which Apple is using the term Unix. I don't think Apple is trying to claim that OS X is a certified Unix.
OS X is based on FreeBSD, which is genetic Unix, hence OS X is also genetic Unix.
Slashdot Mirror
Of course -- if IBM suffers actual damages as a result of the wrongful termination of a contract, IBM can countersue for damages. While I never said that they could do that, I never said that they couldn't.
You whole argument is premised on the assumption that SCO will lose. I *do* agree with you that it is not likely that SCO will win.
But SCO feels it has a strong case, and they feel that they will NOT lose. If SCO does *wins* their case 100%, IBM can't sue for material breach on SCO's part at all. Whether a court would order IBM to cease and desist it's entire AIX operations is irrelevant. If SCO is right, and there *is* material breach, then SCO is under no obligation to hold up their end of the contract -- at all -- unless a court determines that SCO and IBM are each partly at fault. That's when the court can order that SCO hold up its part of the bargain, and fine IBM for not holding up it's part.
You are correct in saying that it probably harms their legal case more than it helps -- but if (and only if) SCO is not 100% right and IBM is 100% at fault for breach of contract. If that's the case, SCO is under no obligation to hold up its part of the agreement -- at all. And in SCO's mind, that's exactly what's happening, at least that's how it appears on the surface.
"Puritanical"?
Me thinks someone has some resentment for people daring to judge others...
I was merely speaking factually. The U.S. was founded -- in large part -- by Puritans who left England to be free to practice their way of life, which was largely in conflict with the Anglican church.
The values of these Puritans -- which are describe to be "Puritanical" -- had a large impact on the culture of the United States. There were taboos about sex and modesty which are largely nonexistant in most European countries. In Europe it is commonplace to find nudity and even sex on what they refer to as the 'telly'. Here, however, nudity on TV, particularly during certain hours of the day, is considered a violation of FCC rules. This stems from our cultural taboos about sex, which were largely inherited from those early Puritans.
Hard work, on the other hand, is largely revered for the same reason. One main concept of Puritan philosophy is that 'idle hands (or idle mind) are the playground of the Devil.' One was to work all day, and rest only for short periods to avoid being tempted by Satan. This attitude also had a large influence on our culture in the U.S. and is largely responsible for our capitalistic society which reveres hard work, and shuns those who avoid it.
It has nothing to do with resentment of any kind.
Did you even read the second paragraph of Transient0's post?
;)
Medically the second and third are used, with the added caveat that it is not an activity or substance normally considered to be necessary for survival (otherwise we are all food, oxygen and sleep addicts).
That would *exclude* air, water, food, caffeine, and probably UN*X as well.
Intrestingly enough the terms 'hard-core drinker' and 'alcohol addict' (or 'alcoholic', as we usually refer to alcohol addicts) are nearly synonymous. The term addict in common parlance largely depends on the taboos of the culture it seems. Someone who is into 'hard-core pr0n' is often called a 'sex addict.' But a 'hard-core coder' is almost never called a 'workaholic' or a 'work addict' because our largely Puritanical society defines 'hard-core work' to be a Good Thing(tm), while 'hard-core sex' is a Bad Thing(tm). Whether 'hard-core gaming' is a Bad Thing(tm) or not probably depends largely on who you talk to. In the Slashdot crowd, this would be a revered quality, but in the Soccer Mom crowd, this would probably be looked upon negatively.
Okay, I'll admit, I was previously unclear on the concept of Zionism. I tried to google for 'Zion' and came up with nothing but a bunch of Christian churches. Maybe I should have googled for 'Zionism'. ;)
There's actually a lot of factors that contribute to carpal tunnel. I'm the same as you, I have no problems and have never used special keyboards or R/L hand mouse switching. A programmer friend of mine has to wear the wrist braces because his CTS is so bad, and he also started when he was young.
Some things include factors such as your own work habits. For instance, do you take breaks from the keyboard and mouse? I take a break every couple of hours to stretch my legs, otherwise I start to get that cramps in my legs from sitting for too long. This is *good* for the wrists and highly encouraged by doctors to avoid RSIs such as CTS. Also the *size* of ones wrists could be a factor -- people with larger wrists have larger nerve pathways, and hence (possibly) a decreased risk for nerves getting pinched. I have large wrists -- so large in fact that many bracelets will not fit me.
The cramping of wrists actually has nothing to do with CTS. CTS != RSI, but CTS is ONE kind of RSI, as someone else pointed out. You could have an RSI, but not necessarily CTS.
IANAD.
Cheese or raspberry? I prefer cheese myself. Mmm...Awrey's Cheese Danishes... :)
I've been using computers for heavily decades and I've never had any real effects from it all. Ow! Now only if that tingling in my hands would go away...
And unless you fill the tank with salt water or, perhaps, lime jello, the density of water is pretty much the same everywhere :-)
Why particularly *lime* jello? I'm allergic to limes!
Please, don't call "The Truth" whatever is discussed in the Matrix : you've got your perception of the reality whereas Egyptians may have theirs.
... /me holds thumb and index finger together
They are living not far from Israel who did take some of their territories during the 1967 war they actually started (the E., not the I.).
For this reason, we can understand that Joe-6-amphorae (the average Egyptian) doesn't want to see a movie which describes the fear Zion people are living in.
You are the only person I see so far that *gets* it -- only you slightly missed it by *that* much
Mostly, the Egyptian censor is probably freaking out of about the word 'Zion'. Islamists call the people of Israel and all countries that support Israel (esp. the U.S.) 'Zionists', referring I'm sure to Mt. Zion...the Egyption censor feels that the term Zion anyway, refers to Israel.
That's it. That's all that he's freaked out about, most likely.
if you are willing to give up a bit of your liberty for peace of mind, then be ready to give up all your liberty for you will never have peace of mind
specifically Franklin said: "They that would trade essential liberty for a little temporary safety deserve neither."
Evil???
;)
It sounds like they listen to their customers, and are incredibly competitive within their line of business...
Some would describe Microsoft as being that way, too.
But aren't they required to prove that IBM is in material breach before dropping their obligations under the bargain?
No. A contract can be terminated by any party at any time for material breach. If one party is wrongly accused of material breach, then their recourse is to go to court. The court can then have that *reinstated* and order the accusing party (SCO in this case) to hold up their end of the bargain (reinstate IBM's license).
If you sell a car to someone, it's perpetual.
Actually, legally a sales contract to buy a car is completed after the sale has been performed. Once you get the money and they get the car, the contract is terminated. That doesn't mean you can get the car back because you're not licensing the car, your transferring physical ownership of a tangible item (a car) -- that's what your agreeing to you when you enter the contract to sell the car.
If you sell someone the right to use a peice of software, you are essentially selling them intellectual "property" (gee, thus the term.) Unless the contract specifies otherwise, the grant is perpetual -- it's not like MS can take away my right to use the copy of Windows 95 just cause they want to -- they have to prove I violated their license first.
If you violate the terms of the license agreement, then oh yes Microsoft *can* revoke your license, at least if the court holds the EULA to be legal and binding (which is another issue entirely). This is what SCO is claiming IBM is doing, and hence they are revoking their license.
In the court of public opinion, however, this would be the same as admitting guilt. And IBM is *not* about to do that. Besides, AIX has a HUGE installed base (including a few boxes that I'm in charge of at work ;) and IBM can't bail on their customers who continue to pay fees on maintenance contracts (like mine ;).
IANAL, but I play one on the Net. There's really no such thing as a perpetual contract. Contacts that are 'in perpetuity' are almost always held to be unenforceable in a court of law.
Also, SCO is claiming that IBM is in material breach, which means that under the equity doctrine, SCO is not under any obligation to hold up their end of the bargain.
From the paper in question:
I'd say that pretty much qualifies him as an authority on Unix and open source, wouldn't you?
Yahoo! are penniless hippies?
I borrowed the term "genetic Unix" (that was not I typo -- I did not mean "generic Unix") from ESR, which he coined in the OSI Position Paper on the SCO-vs-IBM Complaint.
In fact, I don't see Open Group suing FreeBSD over *their* use of the UNIX trademark, right on their front page!
I agree. FreeBSD is *genetic* Unix, and that is the sense in which Apple is using the term Unix. I don't think Apple is trying to claim that OS X is a certified Unix.
OS X is based on FreeBSD, which is genetic Unix, hence OS X is also genetic Unix.
last year their revenues were $200 billion us. that's more than the gdp of israel
;)
And more 6 times the revenue of Microsoft Corp. last year. And the average MSFT employee makes *quite* a bit more than $15K a year.
Yeah, Walmart makes Microsoft look like a pussycat.
Um, hey, some of are left-handed you insensitive clod! :-P