The FSF is avoiding designation as a license, because going there will bring them under contract law, for which an exchange of consideration is typically required. The program, being free, does not have that exchange, and that spells trouble.
I think full scale EULA's are not enforceable for FREE products, even in commercial space.
Not exactly correct. Copyright prevents someone from making many copies on their own personal computers of a thing, but GPL allows this. So it's not simply a distribution license, exactly.
As a matter of reduction to practice, it just isn't so, no matter how high and hard you jump up and down. And no, it's not about "difficult to prove," but rather about more pragmatic aspects of what courts actually do "really".
I'm afraid that this is a gross simplification, simple minded enough to not be entirely true. There is a great deal of a difference between understanding black letter law and the law as it is practiced...
We need to live closer to work, and design cities in ways that make this possible.
Believe it or not, we got where we are by design. Back, well, ages ago, Rand published classified reports that highly encouraged spread out cities. Basically, urban sprawl was to handle nuclear strikes. The big secret was that typical nuclear weapons really don't take out whole cities, really, just dense down towns.
More to the point, the AC lacks experience, wisdom, and perspective. The work bullies are impacting multiple parties at work and "fighting them" does not get the problem solved. The HR department will.
At a large company, where organizational operations are a major concern, they will fix it/even with a VP/ as described in the FTA. Difference is, instead of getting a write up, they have to consider the old cliche "moving on for personal reasons."
I prefer "islofastist faggot," myself. There are more of them than you would think, man. Polygamy dontcha know. If a man can have four wives, that means the other three get to "entertain themselves," so to speak.
Best solution for the "your an idiot" wielding jerk.
Interesting approach. Me, he tries that, and he'll be sitting in front of several parties from HR explaining how it will Never. Happen. Again. This, after getting a little remark in his record, you know.
Product activation, DRM, dongles and a dozen other ways the proprietary model has shot themselves in the foot. If you need capacity on an open source platform, just stand it up. Fast and uncomplicated.
Yes and no. The number of IT shops that are out of compliance with their Red Hat subscription contractual requirements are unity with the number of IT shops using RH.
I run our campus' virtualization initiative. For a long tawdry list of reasons not worth getting into here, we have carte blanche to "make engineerin'g job go better". As a consequence IT ignores us.
I will seriously swear that one of the reasons we're so popular is... "agility".
Someone wants a server? CLICK.
They want to install software on it? THEY'RE ROOT, MAN, WHAT-EVER.
(And yes, we do need auditing, and virus scanning, and the like; as long as such things are configured by someone who works with their computer for a living... i.e., SANELY... no one ever mucks with them).
Anyhow, flash prices may be dropping, but I don't see SSDs gaining majority marketshare within the next 5 years.
I believe there is some sort of crossover point... but it's hard to predict where.
Any way, I think you need to consider the "right" market. Think about enterprise class storage, where the high end SCSI, SAS, and Fiber Channel drives are sold. SATA has been transforming this market some, taking over all the tier-2 (lots of bytes, no particular speed requirement) leaving the "enterprise" disks for two primary purposes: 1) multiuser workloads (places where NCQ just won't do), and 2) IOPS.
From #2, it's pretty obvious to anyone analyzing that the inflection point is coming very, very soon. $/IOPS, if you are IOPS centric, is a significant design concern.
From #1, I find less clarity. Let's just say that when the $/GB value gets more sane, we should see a rapid turnover point as well.
Consider: flash-RAID devices for hosting SAN-based virtual machines?
See where this is going?
Transaction rates on flash media are thousands of times higher than spinning disks...
I've often wondered, however, if I got a copy of the game without paying for it at any time, if a EULA could be considered to be enforceable. Longstanding tradition requires consideration for their to be a contract.... doesn't it?
This is probably why the FSF fears the GPL being ruled a contract. But I am just guessing.
Well, you know enough contract law, it would appear to me.:-)
Such clauses are referred to as "unconscionable," and are routinely thrown out as a matter of "contracts of adhesion," of which a EULA is without any argument permitted:-)*** an example. The heart of the matter is this: contracts of adhesion may only contain "reasonable" terms that would be expected and are present as part of industry standard boilerplate. Or, to put another way, no first born child terms permitted.
C//
*** You would think that some IAAL would therefore feel obligated to comment. Har.
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You're wrong. You cannot encumber GPL'd code like that.
The FSF is avoiding designation as a license, because going there will bring them under contract law, for which an exchange of consideration is typically required. The program, being free, does not have that exchange, and that spells trouble.
I think full scale EULA's are not enforceable for FREE products, even in commercial space.
C//
Not exactly correct. Copyright prevents someone from making many copies on their own personal computers of a thing, but GPL allows this. So it's not simply a distribution license, exactly.
A GPL codebase is a monopoly... ...granted by the government, as a copyright, yes.
C//
Well; I don't think you really think this.
Surely you don't think I can make a GPL program, and charge $10M for the code?
I think you mean you can charge for the transfer of GPL programs. Yes, that's
true, but you cannot set any price you wish for
C//
As a matter of reduction to practice, it just isn't so, no matter how high and hard you jump up and down. And no, it's not about "difficult to prove," but rather about more pragmatic aspects of what courts actually do "really".
C//
I'm afraid that this is a gross simplification, simple minded enough to not be entirely true. There is a great deal of a difference between understanding black letter law and the law as it is practiced...
C//
Energy density would I suppose be one reason, although I don't find it intensely compelling.
C//
We need to live closer to work, and design cities in ways that make this possible.
Believe it or not, we got where we are by design. Back, well, ages ago, Rand published classified reports that highly encouraged spread out cities. Basically, urban sprawl was to handle nuclear strikes. The big secret was that typical nuclear weapons really don't take out whole cities, really, just dense down towns.
C//
Wow, way to run to mummy, tears streaming down your face, and have a big sook. God forbid we fight our own fights, eh?
My way solves the problem for the whole organization. Your way exacerbates it. So... ready for it... "you're an idiot."
C//
More to the point, the AC lacks experience, wisdom, and perspective. The work bullies are impacting multiple parties at work and "fighting them" does not get the problem solved. The HR department will.
/even with a VP/ as described in the FTA. Difference is, instead of getting a write up, they have to consider the old cliche "moving on for personal reasons."
At a large company, where organizational operations are a major concern, they will fix it
C//
I prefer "islofastist faggot," myself. There are more of them than you would think, man. Polygamy dontcha know. If a man can have four wives, that means the other three get to "entertain themselves," so to speak.
LOL.
Best solution for the "your an idiot" wielding jerk.
Interesting approach. Me, he tries that, and he'll be sitting in front of several parties from HR explaining how it will Never. Happen. Again. This, after getting a little remark in his record, you know.
Rude insulting behavior at work?
Mmmmmm. No way, mon.
C//
Product activation, DRM, dongles and a dozen other ways the proprietary model has shot themselves in the foot. If you need capacity on an open source platform, just stand it up. Fast and uncomplicated.
Yes and no. The number of IT shops that are out of compliance with their Red Hat subscription contractual requirements are unity with the number of IT shops using RH.
C//
I run our campus' virtualization initiative. For a long tawdry list of reasons not worth getting into here, we have carte blanche to "make engineerin'g job go better". As a consequence IT ignores us.
I will seriously swear that one of the reasons we're so popular is... "agility".
Someone wants a server? CLICK.
They want to install software on it? THEY'RE ROOT, MAN, WHAT-EVER.
(And yes, we do need auditing, and virus scanning, and the like; as long as such things are configured by someone who works with their computer for a living... i.e., SANELY... no one ever mucks with them).
C//
Anyhow, flash prices may be dropping, but I don't see SSDs gaining majority marketshare within the next 5 years.
I believe there is some sort of crossover point... but it's hard to predict where.
Any way, I think you need to consider the "right" market. Think about enterprise class storage, where the high end SCSI, SAS, and Fiber Channel drives are sold. SATA has been transforming this market some, taking over all the tier-2 (lots of bytes, no particular speed requirement) leaving the "enterprise" disks for two primary purposes: 1) multiuser workloads (places where NCQ just won't do), and 2) IOPS.
From #2, it's pretty obvious to anyone analyzing that the inflection point is coming very, very soon. $/IOPS, if you are IOPS centric, is a significant design concern.
From #1, I find less clarity. Let's just say that when the $/GB value gets more sane, we should see a rapid turnover point as well.
Consider: flash-RAID devices for hosting SAN-based virtual machines?
See where this is going?
Transaction rates on flash media are thousands of times higher than spinning disks...
C//
The key advice any C++ expert is "restrict yourself to a specific subset of C++".
God forbid we start talking about Perl.
C//
Just off the top of my head it seems that he is merely the facilitator and not the perpetrator.
I think Shawn Fanning tried to argue that, too.
Although I have never heard of "contributory contractual violation." YET.
C//
Blizzard deserve to loose on grounds of stupidity.
We can all pray that, some day, you see the irony in this remark.
C//
I've often wondered, however, if I got a copy of the game without paying for it at any time, if a EULA could be considered to be enforceable. Longstanding tradition requires consideration for their to be a contract.... doesn't it?
This is probably why the FSF fears the GPL being ruled a contract. But I am just guessing.
C//
Well, you know enough contract law, it would appear to me. :-)
:-)*** an example. The heart of the matter is this: contracts of adhesion may only contain "reasonable" terms that would be expected and are present as part of industry standard boilerplate. Or, to put another way, no first born child terms permitted.
Such clauses are referred to as "unconscionable," and are routinely thrown out as a matter of "contracts of adhesion," of which a EULA is without any argument permitted
C//
*** You would think that some IAAL would therefore feel obligated to comment. Har.
There is nothing in the Bible that gives them leeway to do what they did.
Whereupon do you draw your belief that this is true?
"Whoso sheddeth man's blood, by man shall his blood be shed."
The penalty for murder in the bible is death.
Anyways, I don't consider abortion to be "murder". But if one did, and one were a fundamentalist christian with old testament leanings, then.
C//
Banjos and skeet guns, maybe. And chaw. Don't forget the chaw.
If you go read their material at the site, the bulb is electro-magnetically stimulated plasma. They say that the core of it is no-kidding 6000K.
The way I understand it, there are no filaments and what not to burn out...
C//
I can't parse this. Microsoft is losing its ass for DirectX? What does that mean?
Dunno. Perhaps he meant to say that Microsoft would be assless, but I don't see how that could be.
*blink blink*
C//