Except that "By using this software you agree to...". The only thing you've proven is that you tried to return it and failed. Since you couldn't get your money back, you used the software -- and thus agreed to the EULA.
If you don't agree to the EULA, don't install/use the software. It's simple. Now, if the store refused to accept the software back, take THEM to court.
Please understand that I totally empathize with you -- I think EULAs SHOULD be unenforcable -- and maybe the courts will see the light some day.
I was about to mod you up, but I decided it would be better to add to your comment.
I'm the IT manager of a medical laboratory and I suffer from this very same problem. Our software vendor has written DB software that MUST not only be run as administrator on the server, but the server must ALWAYS be logged in as admin to function correctly.
This is just crazy -- and as a small/medium sized company, we're pretty much locked in to this proprietary package due to the cost of migrating. I've managed to lock down the workstations to compensate, but god help us of someone ever gains access to the server room or the server itself.
It appears to me that the "industry" uses the "spend them out of existance" form of litigation. Maybe it's time for them to experience a bit of their own medicine.
Maybe a group of VCR owners can group together and bring a case against Turner about fast forwarding through commercials.
Maybe a group of channel surfers can bring a case against Turner -- for flipping the channel during comercial breaks
Maybe a group of incontenent elderly can bring a case against Turner -- for taking Pee breaks during commercials.
I know it's a pipe dream -- but I surely would enjoy seeing it.
There's already anti-spam laws in the states -- (at least in SOME states). How many class action law suites have been filed? How much in penalties have been collected? How well has it reduced spam?
Answer to all: Very little if any.
Again, it's a nice thought, but I haven't seen a workable solution appear yet.
The EU has decided to pass "opt-in" legislation which will be next to impossible to enforce. Lovely. Maybe they'll outlaw nose picking, nail biting and other bad habits.
Many posts of touched on the concept that actually "holding" the object and "feeling" it can yeild more information. This may be true. There is also a digital alternative:
Is it "barbaric" when a flower uses a bee to further it's biologic process? Is it "barbaric" when when a beaver damns a river and chokes off habitat down river? Is it "Barbaric" when red ants raid the nests of other ants and steal eggs -- hatching them to serve THEIR needs?
I agree that this raises some serious ethical questions which NEED to be addressed -- but I would hardly dismiss it as "barbaric" without at least addressing those questions.
Virtually ALL life on this planet exploits OTHER life in some way or another. Why should it be considered unnatural for humans to do the same? Please note that "exploit" is not and should not be viewed exclusivly as a negative.
If you're going to mock the "attack a big target to feel big" approach to life, fine. But I'm going to look through your posting history, and I'd better not see any snide remarks about Bill Gates.
Has daddy finished checking up on widdle 'ol me? Jeez.
I'm suspicious as to whether these "deeply rooted cultural myths" are necessary for a captivating story.
That's fine. I also think it misses the point that was trying to be made. These "deeply rooted culteral myths" are what widen the appeal of something like Star Wars. It's just silly to not expect recurring themes in any genre. Do you really expect that Frank "Dune" Herbert wasn't influnced in some way by Homer?
Why does Salon seem to go to such great lengths to "pop" Lucas as a "gasbag"?
I don't think it matters if Lucas intentially tried to use classic myths as basic plot-lines. Isn't it a good argument that Star Wars was as popular as it was BECAUSE it hit on so many deep rooted cultural myths? Intentially or otherwise?
I think Salon is using the "if I call someone BIG dirty names, it makes me BIG" line of reasoning.
-jhon
You should qualify that. I don't expect a CD I buy to play on my microwave. Nor do I expect a video tape I buy to play in my DVD player.
That said, if Sony want's to break Phillip's CD standard, that's fine. It BETTER not have the "Compact Disk Digital Audio" logo on it and it SHOULD NOT be called a "CD".
[sarcasm]But that exposure is at the expense of the artists. [/sarcasm]
Example:
Here on slashdot, we, the "posters" get exposure which results traffic that generates revenue for slashdot (see the little ad boxes)? We "posters", are slashdot's exploited artists. I fully expect to be compensated by slashdot!
It is a vast frontier that if we want to explore we need to work togeather
I disagree -- if *WE WANT* it explored, we need somebody to try and get there before *US*
The general US population isn't going to be interested in space unless we have someone right on our tails. The ONLY reason we made it to the moon was because RUSSIA lit a fire under our arses. If this is what it takes, then China-come-lately is very welcome indeed -- and I hope they similarly light a fire under our arses.
You must be speaking for yourself. My time is limited -- besides every wasted moment it gone forever. I may agree to work a given time for a given wage (which is less than $1/sec), but that is *MY* choice. Having my time and resources wasted against my will by an unwelcome stranger is unacceptable.
I don't know about you, but *MY* time is priceless.
It wastes maybe 5 minutes per week of my time.
I would say that in many corporate envornments, it's more like 5 mins per day... Still trivial. However, expand that over a large user base and pretty soon you are shelling out the cost of 1 or 2 full time employees in overall wasted time. That's really not good for the "bottom line".
As a result, many ISPs are blocking the entire Internet address ranges designated for China and other Asian countries.
I started doing this back in 1995. Back then, there were cries of "spam is out of control". Other than scale, I haven't seen things change much -- nor have I seen any reason to change my blockades (either at work or home)
As to China's complaints about corporate blocks, I'd suggest that if it were "landfill" or "waste" that was being dumped across their borders, I doubt the response would be much different -- block that border. At least ipchains is less painful than an AK-47.
By your definition, the kid working at Baskin Robbins making your sundae is an artist. Kind of trivializes musicians and painters, doesn't it?
I saw a "kid" working at a A&W parlor (like a Baskin Robbins) once. He was able to toss ice cream in the air and have it land in the cone, juggle spoons, and generally keep the customers entertained.
I would classify that as an "art". Likewise, I would call keeping up with the needs of users while meeting the demands of management a form of art -- particularly if users are productive and there are few or no complaints. Sysadmins don't just work on machines. They deal with everyone from data entry clerks to the owner/CEO of a given company. And keeping BOTH those candle-ends burning brightly is NO parlor trick.
I'm interested to see if this may lead to a better understanding of how harmonics works with relation to high-rise buildings. Particularly in earthquake country. (see this)
We've got buildings that can withstand strong quakes -- but not necessarily those of long duration. I'll bet a shiny new penny that this reseach may be insightful in this field.
Slashdot Mirror
with a laptop on his back. The bartender says: "Hey. Whats that thing?"
The laptop says: "That? That's just a guy on my ass. Where's the pool table?"
- Shecky Jhon
Except that "By using this software you agree to...". The only thing you've proven is that you tried to return it and failed. Since you couldn't get your money back, you used the software -- and thus agreed to the EULA.
If you don't agree to the EULA, don't install/use the software. It's simple. Now, if the store refused to accept the software back, take THEM to court.
Please understand that I totally empathize with you -- I think EULAs SHOULD be unenforcable -- and maybe the courts will see the light some day.
-jhon
Actually I blame both to a certain degree. The vendor about a level of magnatude higher -- but blame enough for both.
I was about to mod you up, but I decided it would be better to add to your comment.
I'm the IT manager of a medical laboratory and I suffer from this very same problem. Our software vendor has written DB software that MUST not only be run as administrator on the server, but the server must ALWAYS be logged in as admin to function correctly.
This is just crazy -- and as a small/medium sized company, we're pretty much locked in to this proprietary package due to the cost of migrating. I've managed to lock down the workstations to compensate, but god help us of someone ever gains access to the server room or the server itself.
I second the previous user -- mod the parent up!
-jhon
It appears to me that the "industry" uses the "spend them out of existance" form of litigation. Maybe it's time for them to experience a bit of their own medicine.
Maybe a group of VCR owners can group together and bring a case against Turner about fast forwarding through commercials.
Maybe a group of channel surfers can bring a case against Turner -- for flipping the channel during comercial breaks
Maybe a group of incontenent elderly can bring a case against Turner -- for taking Pee breaks during commercials.
I know it's a pipe dream -- but I surely would enjoy seeing it.
-jhon
In my travels, I've seen , the world's largest ball of twine, the "thing", and the two-headed calf.
Now I can move on to bigger and better tourist traps!
Thanks UK!
- Jhon
There's already anti-spam laws in the states -- (at least in SOME states). How many class action law suites have been filed? How much in penalties have been collected? How well has it reduced spam?
Answer to all: Very little if any.
Again, it's a nice thought, but I haven't seen a workable solution appear yet.
-jhon
The EU has decided to pass "opt-in" legislation which will be next to impossible to enforce. Lovely. Maybe they'll outlaw nose picking, nail biting and other bad habits.
BUT, it's a nice thought.
- jhon
Many posts of touched on the concept that actually "holding" the object and "feeling" it can yeild more information. This may be true. There is also a digital alternative:
Stereo Lithography!
Bet this stuff lasts as long as the clay...
-Jhon
Is it "barbaric" when a flower uses a bee to further it's biologic process? Is it "barbaric" when when a beaver damns a river and chokes off habitat down river? Is it "Barbaric" when red ants raid the nests of other ants and steal eggs -- hatching them to serve THEIR needs?
I agree that this raises some serious ethical questions which NEED to be addressed -- but I would hardly dismiss it as "barbaric" without at least addressing those questions.
Virtually ALL life on this planet exploits OTHER life in some way or another. Why should it be considered unnatural for humans to do the same? Please note that "exploit" is not and should not be viewed exclusivly as a negative.
-jhon
That's fine. I also think it misses the point that was trying to be made. These "deeply rooted culteral myths" are what widen the appeal of something like Star Wars. It's just silly to not expect recurring themes in any genre. Do you really expect that Frank "Dune" Herbert wasn't influnced in some way by Homer?
-jhon
Why does Salon seem to go to such great lengths to "pop" Lucas as a "gasbag"?
I don't think it matters if Lucas intentially tried to use classic myths as basic plot-lines. Isn't it a good argument that Star Wars was as popular as it was BECAUSE it hit on so many deep rooted cultural myths? Intentially or otherwise?
I think Salon is using the "if I call someone BIG dirty names, it makes me BIG" line of reasoning. -jhon
You should qualify that. I don't expect a CD I buy to play on my microwave. Nor do I expect a video tape I buy to play in my DVD player.
That said, if Sony want's to break Phillip's CD standard, that's fine. It BETTER not have the "Compact Disk Digital Audio" logo on it and it SHOULD NOT be called a "CD".
-jhon
[sarcasm]But that exposure is at the expense of the artists. [/sarcasm]
Example:
Here on slashdot, we, the "posters" get exposure which results traffic that generates revenue for slashdot (see the little ad boxes)? We "posters", are slashdot's exploited artists. I fully expect to be compensated by slashdot!
Please send my royalty check to:
Jhon
PO Box 1234
Los Angeles, CA 90022
-jhon
Are you suggesting there isn't a way to override this? Check your browser preferences.
-jhon
The general US population isn't going to be interested in space unless we have someone right on our tails. The ONLY reason we made it to the moon was because RUSSIA lit a fire under our arses. If this is what it takes, then China-come-lately is very welcome indeed -- and I hope they similarly light a fire under our arses.
-jhon
I was refering to the origin of the spam. Was I unclear?
-jhon
You must be speaking for yourself. My time is limited -- besides every wasted moment it gone forever. I may agree to work a given time for a given wage (which is less than $1/sec), but that is *MY* choice. Having my time and resources wasted against my will by an unwelcome stranger is unacceptable.
I don't know about you, but *MY* time is priceless.
I would say that in many corporate envornments, it's more like 5 mins per day... Still trivial. However, expand that over a large user base and pretty soon you are shelling out the cost of 1 or 2 full time employees in overall wasted time. That's really not good for the "bottom line".
-jhon
As to China's complaints about corporate blocks, I'd suggest that if it were "landfill" or "waste" that was being dumped across their borders, I doubt the response would be much different -- block that border. At least ipchains is less painful than an AK-47.
-jhon
Like many words in english, ART has more than one meaning.
In your example, ART would mean a skill acquired by experience, study, or observation (ex: the art of making friends) (thank you webster)
-jhon
Even a successfull used car salesman engages in an "art". Not all art is a positive experience.
-jhon
I would classify that as an "art". Likewise, I would call keeping up with the needs of users while meeting the demands of management a form of art -- particularly if users are productive and there are few or no complaints. Sysadmins don't just work on machines. They deal with everyone from data entry clerks to the owner/CEO of a given company. And keeping BOTH those candle-ends burning brightly is NO parlor trick.
-Jhon
I'm interested to see if this may lead to a better understanding of how harmonics works with relation to high-rise buildings. Particularly in earthquake country. (see this)
We've got buildings that can withstand strong quakes -- but not necessarily those of long duration. I'll bet a shiny new penny that this reseach may be insightful in this field.
-jhon
I'll take your word for it. It still doesn't effect the point I was making.
(I wish you supplied a reference for that... I would have been interested in seeing its origin)
-jhon