A contract is a contract. If you don't like the terms, don't agree to it.
Except according to the sales doctrine, since no contract/license was presented at the time of purchase, than the said purchase is NOT bound by a contract/license.
The click contract is NOT presented to the purchaser until AFTER the purchase. So the sales doctrin would imply that there was NOT a contract binding the sale.
Even in the adobe case, a similar finding was determined. No contract was presented at time of purchase, so the "licensing" terms which were presented AFTER the purchase, which would have in effect made the purchase a LEASE, was found to be invalid. The judge even went so far as to say, once he bought it its his, to do with whatever he wants. No if only the other courts would feel the same way...
The constitution says that the "laws" presented in at supercede ALL other laws. Its no different than those pesky Non-compete contracts... Most of those get shot down in court. My gf's did...
When I intalled the software, it couldn't read the license file, and the popup box asked if I agreed, but since the window was empty, I happily clicked ok... Does that mean I didn't agree to anything?:)
Not many JVM's implement that tho... If I'm writing my project in Java, it so I can deploy it anywhere, in which case, I don't want to have to rely on "undocumented" code, or sun specific code. If I did, then whats the point of using Java?
As much as I love Java, Sun has poisoned it themselves as well...
I mean, I happen to prefer delegate based eventing over innerclasses...
and I HATE, absolutely HATE how Sun decided to mandate a static cache of IP addresses in the InetAddress.GetAddressByName function. That makes the function almost useless.
At least.NET is smart enough to know that if you are trying to resolve a local hostname, it won't bother creating a DNS request, and it will always return current info. And it throws an exception if you try to change the cache policy. And even if it worked, it makes it JVM specific.
In Java, if you try this, it will always return the same IP Addresses, even if you dial-up/hang-up and renew, and enable/disable interfaces, which makes it useless. You have to restart the JVM to get the new addresses.
And I hate how most of Java is designed to be blocking, instead of non-blocking... But thats a holy-war in and of itself, so I won't go there... The InetAddress thing pisses me off tho...
My other gripes are mostly about how its write once, and debug everywhere... In windows, the component can get Key and Mouse events. In Linux, the component gets Mouse Events, but the Frame gets key events. You would think it would be consistent...
In some versions of the JVM, the component gets the update(graphics) method. In other versions, the frame does.
The virus wasn't even written in CLR. Basic security measures are similar to Java. Apps run in a sandboxed, and can only access what they have permission to access. So as an example, if you download code from the internet, or load an app from a non-local resource, by default it won't have access to System.Net, which contains the Networking classes...
Also CLR code can be signed and authenticated, so if you run code, the Framework can check for Authentication/Authorization and Integrity. That will surely but a cramp on viruses.
Also as far as buffer overflows are concerned,.NET is a lot more strict on memory, so I don't think that should be a concern. Besides, code sections don't even stay in the same place in memory. The garbage collector can actually move your objects around in memory if needed. With that in mind, a traditional buffer-overflow exploit probably wouldn't be garaunteed to work anyways. And thats if there even was a buffer-overflow problem to exploit.
And when the CLR/CLI goes through ECMA standardization, you may not even have to rely on MS to supply the framework. I know groups are already working on getting a CLR platform on Linux as an example....
Here, ODOT decided that it would be irresponsible to use the federal money to widen the FEDERAL freeways in portland. They said they should levy local money for that. They decided it would be wiser to use the money to rennovate local city streets and build a city park, and add bike paths and such... WHAT THE FSCK?!!!
Doesn't the law say that your SSN is NOT supposed to be used as ID or for any other purpose except for tax purposes? Nobody seems to pay attention to that one...
Check out the cappuccino PC We have two of these in our group here. Very compact, yet can be had with a P-III processor, 1394, USB, 10/100 Ethernet, etc etc.
Win98 doesn't have UPnP... In fact the UPnP spec wasn't even drafted until June'2000...
Only ME/XP have it, but it's off by default..
Wanna know why its off by default?
UPnP works like this:
1.) Turn on UPnP device, it then multicasts a "hello"
2.) UPnP Control Points within 4 hops, (ie WinXP/ME) receive multicast, and do an HTTP get on description documents...
Now... Imagine if you have a network of 100s or even 1000s of computers, and you flip on a couple UPnP devices... Can you say network storm?
I think the last time we had a posting on this sort of thing, someone mentioned that if it has 1's and 0's, it would be ripped. I would say that they are correct.
If my ears can hear it, and my eyes can see it, so can my "recording" device...
Most junk CD players just blindly read the data off the CD-ROM and fead it to the DAC.
Higher end CD players as well as CD-ROM drives, actually perform some type of Error Correction as it reads the data. A CD-ROM does this, because it must read the data correctly, or its useless as data storage. High end CD players do this, to correct for scractches, dust, etc etc.
Copy-protected CD's have deliberate errors in the error correction, so that the CD-ROM drive and high end CD-Players will think it just read unrecoverable errors.
Tell them it won't play in your DVD player, your *insert brand* home Stereo system etc etc...
Or just kindly ask them why it says, "Will not play in CD-ROM", since a CD-ROM is CDDA compliant. Point out to them they can't be selling CD's as CDDA if it is not CDDA compliant, any more then I can sell them a 14k gold bracelet as a solid gold bracelet.
Ask them, "Since this CD is copy protected by deliberate errors placed in the error correction, than how is error correction supposed to function correctly, like when you get dust/scratches/etc on the CD?"
Don't settle for in-store-credit... Demand a full refund for 1 of two reasons...
1.) The thing is labeled as CD Digital Audio (CDDA), which is in violation of logo, because in order to be CDDA, it must be red-book compliant, (or whatever book it is), and this copy protected CD is most definately NOT compliant.
2.) The CD is "defective" because it is labeled as CDDA, but does not play in a CDDA compliant player, ie my DVD player, my computer, etc etc.
Sales Doctrine applies at the sale. If there is no license presented before purchase, then there is no license attached to the sale.
This is especially important with licenses that would turn the sale into a "lease". Since it was not presented when you "bought" it, it is a sale no matter what the license on the inside said. The courts even ruled this in the adobe case.
Was that if it wasn't for the hordes of people pirating Windows, windows would not have such market dominance that it does now.
Think of it this way... Go to a university. Ask the students what they run. Most likely a pirated version of Windows, with a pirated version of Office, etc etc. When they graduate, what are they familiar with, so what are they going to use? With most products this would be different, but because this is an OS, everything depends on the OS. Other companies can make products that add value, so long as they know the platform they are targeting is readily available. In this case windows...
GPL is different, because you have to agree to the license (usually) before you get the source.
Buying software is different. You don't get to see the license until after you purchased it. But the license would only be valid (technically) if it was presented before purchase. Therefore sales doctrine applies, irregardless what the license says.
Its like this. I sell you a Jack-In-The-Box, for 25 cents, so you can give your kid a christmas present. When you turn the handle and the thing pops out, there is a note tacked on the clown's head saying, "By purchasing and opening this box you hereby agree to pay the original owner of this box $25,000.000"
If this isn't entrapment, and is legal, then what about Napster?
Its not like Naptster said, "hey come leech your MP3s here".
If the government is not liable for the stuff sitting on "their servers", then neither should Napter be liable. Right???
Slashdot Mirror
Check out the cappuccino pc
We have about 4 of these in our lab..
You mean 8 times right?
A contract is a contract. If you don't like the terms, don't agree to it.
Except according to the sales doctrine, since no contract/license was presented at the time of purchase, than the said purchase is NOT bound by a contract/license.
The click contract is NOT presented to the purchaser until AFTER the purchase. So the sales doctrin would imply that there was NOT a contract binding the sale.
Even in the adobe case, a similar finding was determined. No contract was presented at time of purchase, so the "licensing" terms which were presented AFTER the purchase, which would have in effect made the purchase a LEASE, was found to be invalid. The judge even went so far as to say, once he bought it its his, to do with whatever he wants. No if only the other courts would feel the same way...
The constitution says that the "laws" presented in at supercede ALL other laws. Its no different than those pesky Non-compete contracts... Most of those get shot down in court. My gf's did...
When I intalled the software, it couldn't read the license file, and the popup box asked if I agreed, but since the window was empty, I happily clicked ok... Does that mean I didn't agree to anything? :)
Not many JVM's implement that tho... If I'm writing my project in Java, it so I can deploy it anywhere, in which case, I don't want to have to rely on "undocumented" code, or sun specific code. If I did, then whats the point of using Java?
I meant that Java will throw an exception if you try to change the cache policy... (I worded it badly...)
As much as I love Java, Sun has poisoned it themselves as well...
.NET is smart enough to know that if you are trying to resolve a local hostname, it won't bother creating a DNS request, and it will always return current info. And it throws an exception if you try to change the cache policy. And even if it worked, it makes it JVM specific.
I mean, I happen to prefer delegate based eventing over innerclasses...
and I HATE, absolutely HATE how Sun decided to mandate a static cache of IP addresses in the InetAddress.GetAddressByName function. That makes the function almost useless.
At least
In Java, if you try this, it will always return the same IP Addresses, even if you dial-up/hang-up and renew, and enable/disable interfaces, which makes it useless. You have to restart the JVM to get the new addresses.
And I hate how most of Java is designed to be blocking, instead of non-blocking... But thats a holy-war in and of itself, so I won't go there... The InetAddress thing pisses me off tho...
My other gripes are mostly about how its write once, and debug everywhere... In windows, the component can get Key and Mouse events. In Linux, the component gets Mouse Events, but the Frame gets key events. You would think it would be consistent...
In some versions of the JVM, the component gets the update(graphics) method. In other versions, the frame does.
The virus wasn't even written in CLR. Basic security measures are similar to Java. Apps run in a sandboxed, and can only access what they have permission to access. So as an example, if you download code from the internet, or load an app from a non-local resource, by default it won't have access to System.Net, which contains the Networking classes...
.NET is a lot more strict on memory, so I don't think that should be a concern. Besides, code sections don't even stay in the same place in memory. The garbage collector can actually move your objects around in memory if needed. With that in mind, a traditional buffer-overflow exploit probably wouldn't be garaunteed to work anyways. And thats if there even was a buffer-overflow problem to exploit.
Also CLR code can be signed and authenticated, so if you run code, the Framework can check for Authentication/Authorization and Integrity. That will surely but a cramp on viruses.
Also as far as buffer overflows are concerned,
And when the CLR/CLI goes through ECMA standardization, you may not even have to rely on MS to supply the framework. I know groups are already working on getting a CLR platform on Linux as an example....
Here, ODOT decided that it would be irresponsible to use the federal money to widen the FEDERAL freeways in portland. They said they should levy local money for that. They decided it would be wiser to use the money to rennovate local city streets and build a city park, and add bike paths and such... WHAT THE FSCK?!!!
Doesn't the law say that your SSN is NOT supposed to be used as ID or for any other purpose except for tax purposes? Nobody seems to pay attention to that one...
The plural if virus is viruses, NOT virii...
Look here for proof
Check out the cappuccino PC We have two of these in our group here. Very compact, yet can be had with a P-III processor, 1394, USB, 10/100 Ethernet, etc etc.
Win98 doesn't have UPnP... In fact the UPnP spec wasn't even drafted until June'2000...
Only ME/XP have it, but it's off by default..
Wanna know why its off by default?
UPnP works like this:
1.) Turn on UPnP device, it then multicasts a "hello"
2.) UPnP Control Points within 4 hops, (ie WinXP/ME) receive multicast, and do an HTTP get on description documents...
Now... Imagine if you have a network of 100s or even 1000s of computers, and you flip on a couple UPnP devices... Can you say network storm?
Can you get them for Fraud, then? ;) I'm sure as soon as you mention fraud, they will be quick to get you a refund...
That's the idea
Where is Phillips? Do they license CDDA logo to non-RedBook CDs?
I believe they don't. That's why it would be a violation of terms.
see the following: (I can't find the one that used to be on their site...)
I think the last time we had a posting on this sort of thing, someone mentioned that if it has 1's and 0's, it would be ripped. I would say that they are correct.
If my ears can hear it, and my eyes can see it, so can my "recording" device...
Most junk CD players just blindly read the data off the CD-ROM and fead it to the DAC.
Higher end CD players as well as CD-ROM drives, actually perform some type of Error Correction as it reads the data. A CD-ROM does this, because it must read the data correctly, or its useless as data storage. High end CD players do this, to correct for scractches, dust, etc etc.
Copy-protected CD's have deliberate errors in the error correction, so that the CD-ROM drive and high end CD-Players will think it just read unrecoverable errors.
Tell them it won't play in your DVD player, your *insert brand* home Stereo system etc etc...
Or just kindly ask them why it says, "Will not play in CD-ROM", since a CD-ROM is CDDA compliant. Point out to them they can't be selling CD's as CDDA if it is not CDDA compliant, any more then I can sell them a 14k gold bracelet as a solid gold bracelet.
Ask them, "Since this CD is copy protected by deliberate errors placed in the error correction, than how is error correction supposed to function correctly, like when you get dust/scratches/etc on the CD?"
Don't settle for in-store-credit... Demand a full refund for 1 of two reasons...
1.) The thing is labeled as CD Digital Audio (CDDA), which is in violation of logo, because in order to be CDDA, it must be red-book compliant, (or whatever book it is), and this copy protected CD is most definately NOT compliant.
2.) The CD is "defective" because it is labeled as CDDA, but does not play in a CDDA compliant player, ie my DVD player, my computer, etc etc.
It was faster than TCP based stuff, but it was a biatch to manage flow control and congestion control.
Sales Doctrine applies at the sale. If there is no license presented before purchase, then there is no license attached to the sale.
This is especially important with licenses that would turn the sale into a "lease". Since it was not presented when you "bought" it, it is a sale no matter what the license on the inside said. The courts even ruled this in the adobe case.
Would be to release a "Deactivation" virus, that spreads like wildfire...
Was that if it wasn't for the hordes of people pirating Windows, windows would not have such market dominance that it does now.
Think of it this way... Go to a university. Ask the students what they run. Most likely a pirated version of Windows, with a pirated version of Office, etc etc. When they graduate, what are they familiar with, so what are they going to use? With most products this would be different, but because this is an OS, everything depends on the OS. Other companies can make products that add value, so long as they know the platform they are targeting is readily available. In this case windows...
GPL is different, because you have to agree to the license (usually) before you get the source.
Buying software is different. You don't get to see the license until after you purchased it. But the license would only be valid (technically) if it was presented before purchase. Therefore sales doctrine applies, irregardless what the license says.
Its like this. I sell you a Jack-In-The-Box, for 25 cents, so you can give your kid a christmas present. When you turn the handle and the thing pops out, there is a note tacked on the clown's head saying, "By purchasing and opening this box you hereby agree to pay the original owner of this box $25,000.000"
Don't think that will fly...
If this isn't entrapment, and is legal, then what about Napster?
Its not like Naptster said, "hey come leech your MP3s here".
If the government is not liable for the stuff sitting on "their servers", then neither should Napter be liable. Right???