much better. i hadn't seen it before and assumed you were making a final comment at the end of your message about the candy/charity.
the only way you can tell some of these things are sigs is they don't show up in the comment screen. some people only ever seem to post stuff that relates to their sigs and its not obvious where one ends/the other starts.
donation=voluntary also means that not giving is acceptable. you can just take it if you want. they are giving it to you. they are a charity, thats their mission in life. to give candy to people who can't afford to buy their own.
but candy is a low value item and they can't afford to check the eligibility of everyone who wants a piece so they just say take it and if you can afford to pay, please do so.
or more likely they are trying to raise funds for their other charity work and the candy costs 0.05 cents a piece so they suggest a donation of 1c a piece and they can afford to have cheap pricks take 20 pieces without making a donation before they lose money on the deal.
and the saddest part of it is they tend to lose money on the deal most of the time.
Your comments seem to question if there was an agreement at all. I was making a comment about the general issue of enforcability of click-through or shrinkwrap agreements. In trying to keep it simple I certainly left lots out and your reply has fleshed some of that out.
I still think that a properly worded agreement without otherwise unenforcable conditions (like we can steal your car after 24 hours or if we are negligent-tough) will be accepted by courts
I think that above all it would be a mistake to assume that the 'seller' has no case merely because you didn't sign a piece of paper before anything happened.
Um, KaZaa the Dutch company sold KaZaa the software to an Australian company (Sharmwn Networks) some time ago and that company put the Brilliant network stuff in.
It'll be around for a while yet unless RIAA get it shut down.
Factories fight filters etc mainly because they are afraid that other factories mightn't put the filters on (esp so if the other factory is in another country which doesn't require filters). If everyone put the filters on costs would rise similarly across the industry and no player would be worse off than other players. Costs are always in the end passed onto the consumer so what do the factories care if the consumer pays $1 or $1.20 as long as the profit margin is maintained. Hell if all goes well they'll put the price up to $1.25 and blame the filter anyway.
Of course this is a broad statement and may not apply to all products in all circumstances and there will be products that cannot wear a price increase of any kind. But who would want to be in that kind of business anyway.
The other reason they don't like them is because they are lazy and/or just don't like change, let alone having someone else tell them what to do.
To activate you have to click through the agreement. To do that you accept the terms. It's legal if the terms are legal.
Do you really think any court is going to accept a defence of "oh I really didn't read the licence thing. I didn't think it was legally binding if I didn't read it."
In Australia and other common law countries I think you'll find that shrink wrap licences and post purchase licences are quite legal and enforcable where the terms and conditions aren't illegal.
I often use the example of car parking stations. You generally just drive in and get a ticket and there are no terms obvious. Somewhere just inside the carpark will be a big sign with the terms of use displayed. If you don't like the terms you can generally go back out without payment but continuing on implies your acceptance of the terms. That's settled law in Australia at least.
As for Microsoft, the licence agreement is irrelevant to the question of whether they infringe an anti trust law. And in any case you generally can't indemnify yourself from consequences of an illegal act as a matter of policy.
How come they aren't points in support of banning sharing.
1. pass=knowledge of subject (at least where i come from) so if it takes three goes to pass it takes three goes to know the subject. And can we avoid all discussion on whether exams or any assessment procedures just teach you how to do exams or pass assessments cause I agree but funnily enough all you experience in passing CompSci exams isn't going to help in you next Comp Religion course , you'll have to understand a bit about religions.
2. so fail them and make them take a different degree.
actually I disagree with that. While there are some who go into totally other fields I suspect the match between the degree and the job is there in some way. eg some years ago I worked for Andersen Accounting and the London office of the consulting business hired a lot of people with History degrees because they were found to be good at researching things then writing good reports.
nd lots of journalist students go into related fields like PR, politics and prostitution... or is that a tautology.
Who says you have to pay for copywritten anything?
My post is (c) 2002, but you didn't pay me for it, did you?
But you didn't ask, you just wrote it there for me to see. If you told me there was a fee to read your beautiful english prose viz. I hate stupid polls that ask leading, but innacurate questions as much as you I surely would have sent my 5c through paypal.
But I think the eula or local equiv on/. gives the board a non-exclusive, royalty free licence to use your posts in anyway they want. That includes letting me read it for free.
It implies it because of lazy journalism. I read the article and it only made sense if you assumed that they were referring to software that wasn't paid for but should have been paid for. And a reading of the original press release confitrms this. They are talking clearly about commercial software.
Not that i think they are right because they don't clearly say that shareware isn't included or demo versions that maintain some functionality after the demo period.
I'm more suprised that the percentage of payers is so high. It implies that almost half of the downloads of commercial software are paid for.
I always thought Fit referred to the ability to occupy a niche in the local ecology. A species fit into the niche and therefore would continue its existence. You have turned an active word relating to fitting into a system to a descriptive word relating wholley to its extinct/non extinct state.
TT fit the niche perfectly as a large carnivourous predator and would presumably still do so if it was around today, after all thats all it knows how to do. A comet etc would not effect its fit rather it would remove its niche altogether if not it's whole ecology. Just like humans!! Along comes Mr Settler and says OK boys, I've just declared your niche unwanted. There will be no more large carnivouous predators. Bang, your dead.
Seems to me there's a difference between a mindless comet and a mindful human.
The whole conversation is a little pointless if fit is defined as not extinct. Suddenly fit starts to equal good or acceptable and not fit or extinct, a deserved state for a lesser species.
The next generation unseated its elders -- as is the right of every generation - and is making its own culture, moving away from ours. In doing so, these kids balked at mega-hype, rediscovered earnestness, simplicity, the love story, some patriotism, punctured a billion-dollar balloon, and maybe even sparked a (relative) movement away from whorish sellouts, back to simpler story-telling.
Amazing. They did all that by sitting on their arse in a darkened theatre watching a movie that cost a major studio $100m.
What will the kids think of next.
Don't you understand english good.
he said dod is prohibited from buying software that isn't tested.
selinux is free as in free beer.
Stenbit is unaware of any open sourced software that has been tested because it isn't purchased usually. it is internally developed on free software.
stenbit will likely never seee any tested under that rule.
But it still seems he is expecting that there will be no linux entering the building from now on.
almost had us fooled there , except that no-one on talkback radio would have heard of SJG or be able to pronounce paleontologist. he'd be 'that fossil guy from the simpsons' if hes mentioned at all.
How does that apply to the suicide bombers who aren't religous fanatics. Like the Tamil Tigers or even some of the current Palestinian bombers. They may have decided that they are in a war in which they will likely die anyway so they might as well do it their way rather than wait for someone else to kill them.
Anyway as an American it's a little late to protest about freedom fighters. You didn't exactly have a Non-Violent Protest of Independence led by Mahatma Washington.
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don't say that too loud or someone will offer you a pile of money to run for congress.
the only way you can tell some of these things are sigs is they don't show up in the comment screen. some people only ever seem to post stuff that relates to their sigs and its not obvious where one ends/the other starts.
but candy is a low value item and they can't afford to check the eligibility of everyone who wants a piece so they just say take it and if you can afford to pay, please do so.
or more likely they are trying to raise funds for their other charity work and the candy costs 0.05 cents a piece so they suggest a donation of 1c a piece and they can afford to have cheap pricks take 20 pieces without making a donation before they lose money on the deal.
and the saddest part of it is they tend to lose money on the deal most of the time.
Your comments seem to question if there was an agreement at all. I was making a comment about the general issue of enforcability of click-through or shrinkwrap agreements. In trying to keep it simple I certainly left lots out and your reply has fleshed some of that out.
I still think that a properly worded agreement without otherwise unenforcable conditions (like we can steal your car after 24 hours or if we are negligent-tough) will be accepted by courts
I think that above all it would be a mistake to assume that the 'seller' has no case merely because you didn't sign a piece of paper before anything happened.
It'll be around for a while yet unless RIAA get it shut down.
The only difference is I don't tell my friends they are morons. I think it, but I don't tell them.
In fact I'm unlikely to tell not-friends they are idiots either especially if they are anywhere within striking distance.
Of course this is a broad statement and may not apply to all products in all circumstances and there will be products that cannot wear a price increase of any kind. But who would want to be in that kind of business anyway.
The other reason they don't like them is because they are lazy and/or just don't like change, let alone having someone else tell them what to do.
Do you really think any court is going to accept a defence of "oh I really didn't read the licence thing. I didn't think it was legally binding if I didn't read it."
In Australia and other common law countries I think you'll find that shrink wrap licences and post purchase licences are quite legal and enforcable where the terms and conditions aren't illegal.
I often use the example of car parking stations. You generally just drive in and get a ticket and there are no terms obvious. Somewhere just inside the carpark will be a big sign with the terms of use displayed. If you don't like the terms you can generally go back out without payment but continuing on implies your acceptance of the terms. That's settled law in Australia at least.
As for Microsoft, the licence agreement is irrelevant to the question of whether they infringe an anti trust law. And in any case you generally can't indemnify yourself from consequences of an illegal act as a matter of policy.
You and almost every other American who had the right to vote. And he still got in.
Isn't capitalism + democracy wonderful. The price of Government gets cheaper the worse it gets cause you don't have to buy as many votes.
1. pass=knowledge of subject (at least where i come from) so if it takes three goes to pass it takes three goes to know the subject. And can we avoid all discussion on whether exams or any assessment procedures just teach you how to do exams or pass assessments cause I agree but funnily enough all you experience in passing CompSci exams isn't going to help in you next Comp Religion course , you'll have to understand a bit about religions.
2. so fail them and make them take a different degree.
actually I disagree with that. While there are some who go into totally other fields I suspect the match between the degree and the job is there in some way. eg some years ago I worked for Andersen Accounting and the London office of the consulting business hired a lot of people with History degrees because they were found to be good at researching things then writing good reports.
nd lots of journalist students go into related fields like PR, politics and prostitution ... or is that a tautology.
But you didn't ask, you just wrote it there for me to see. If you told me there was a fee to read your beautiful english prose viz. I hate stupid polls that ask leading, but innacurate questions as much as you I surely would have sent my 5c through paypal.
But I think the eula or local equiv on /. gives the board a non-exclusive, royalty free licence to use your posts in anyway they want. That includes letting me read it for free.
Not that i think they are right because they don't clearly say that shareware isn't included or demo versions that maintain some functionality after the demo period.
I'm more suprised that the percentage of payers is so high. It implies that almost half of the downloads of commercial software are paid for.
TT fit the niche perfectly as a large carnivourous predator and would presumably still do so if it was around today, after all thats all it knows how to do. A comet etc would not effect its fit rather it would remove its niche altogether if not it's whole ecology. Just like humans!! Along comes Mr Settler and says OK boys, I've just declared your niche unwanted. There will be no more large carnivouous predators. Bang, your dead.
Seems to me there's a difference between a mindless comet and a mindful human.
The whole conversation is a little pointless if fit is defined as not extinct. Suddenly fit starts to equal good or acceptable and not fit or extinct, a deserved state for a lesser species.
Amazing. They did all that by sitting on their arse in a darkened theatre watching a movie that cost a major studio $100m. What will the kids think of next.
If you listen to MS if I deveop a GPL program on a win platform and give it to you you can demand i give you the win souce code.
I can happily puncture puffery from either side but it gives me the absolute shits when people out and out lie about this stuff.
Don't you understand english good. he said dod is prohibited from buying software that isn't tested. selinux is free as in free beer. Stenbit is unaware of any open sourced software that has been tested because it isn't purchased usually. it is internally developed on free software. stenbit will likely never seee any tested under that rule. But it still seems he is expecting that there will be no linux entering the building from now on.
Actually its like going to Darwins funeral and bashing him for getting parts of natural selection all screwed up etc.
a mind being a question machine, is wasted when as in your case it is used only as a sponge. so go ahead.
almost had us fooled there , except that no-one on talkback radio would have heard of SJG or be able to pronounce paleontologist. he'd be 'that fossil guy from the simpsons' if hes mentioned at all.
article says several thousand tons of tnt so as long as it not the bit of la or ny you're in don't worry.
the comma is a dead giveaway.
how do the cops feel about this?
i suppose your phone company is happy as hell.
maybe they have little tiny spacesuits and little tiny death rays. ya gotta figure a death ray is a death ray and its size doesn't matter.
Anyway as an American it's a little late to protest about freedom fighters. You didn't exactly have a Non-Violent Protest of Independence led by Mahatma Washington.
An american with a funny accent