I hear you, I just don't think that would happen. MS would rather blow that money on lawyers or burn it in huge steaming piles in the middle of Redmond rather than let anyone else get their hands on it.
In a way, you know what this whole SCO/IBM thing reminds me of? The Korean War. No, really - stick with me on this.
You have two huge superpowers who disliked each other immensely at the time, China and the US. But rather than fight each other directly, they decided to hash it out through puppet governments and a limited engagement in Korea. The north got backing and some support from China. The south got the same from the US. Nobody really committed anything earth-shaking to the conflict - too costly to go in full-tilt.
Reminds me of the whole SCO thing immensely. SCO doesn't have enough backing to do their bit, so MS funds them through Baystar. And they go after Linux. And Linux suddenly gets enough backing to defend itself through IBM. Notice how IBM and MS don't fight each other directly? It all takes place in their own private Korea, SCO.
The analogy isn't perfect, but it's close enough I think.
I don't see how your reference adds anything to the discussion, unless you are somehow saying that the Sedition Acts were suggested by some private entity for some private interest which somehow motivated President Adams to enact them.
I believe the acts were misguided - but I also believe that President Adams was really honestly trying to do what was best for the country by enacting them. I don't see an ulterior motive. I don't believe he was pandering to any particular small group, interest, or corporate entity. Which seems to be the primary motivator for politics these days.
In my work, I cannot have a preference. I have, however, a personal opinion, but that is for Saturday night.
If only more politicians and government officials had this mind set. Bravo.
But unfortunately in America, this is rarely how it goes. We haven't had people who think that way in the last 150 or so years here. We had the founding fathers, then maybe 50 or 100 years to bask in their glow...then it all became special interest groups, big business, professional lobbying and damn the rest.
A good local example I can think of is the office where my wife used to work. It was the nearest large city's plans, permits and zoning office. They had a raging debate for hours on end. What was the debate, you may ask? Whether or not it would be a good idea to put a nativity scene on the door for the holidays!
Can you imagine adults actually having to debate that?
I'm guessing no one at SCO is going to volunteer for federal ass-pounding prison if there's a way to drag some MSFT execs into the case with them.
I agree with your whole post 100%, but this is the tricky part.
Let's say all goes as IBM has planned and SCO gets their collective asses handed to them in court. And the SEC goes after them for insider trading once the whole case is settled and made public.
What next?
Exactly how do you draw a line between MS and the greybar hotel? Yeah, MS did finance the whole thing pretty much through Baystar. But investment isn't illegal.
I think you'd pretty much have to prove somehow that MS was giving them the money with the foreknowledge that they would use it to break the law. That would be seriously difficult to prove. And even then, it would be a corporation that was guilty - not individuals. The whole thing would work out to a fine at the worst, and MS is pretty famous for simply paying those off. The price of the ticket isn't a deterrant to these people.
It is correct as far as it goes, but what he's failing to realize is what is in place today.
In an ideal world, software wouldn't be patentable. But we don't live in an ideal world. Therefore, it might be good to deal with the situation at hand first.
Benefits of Genuine Windows:...
Ongoing Improvements...
You will get access to updates, enhancements, and innovations that help you protect and do more with your PC.
So...with WGA you get access to Ongoing Improvements, which means access to updates. If the situation is different, then MS is not really painting that picture. So if it's FUD, it's being spread by MS itself.
I can hardly be blamed for reading their page and believing what I see, y'know.
You can rail on Windows Genuine Advantage all you want, but if the Security Center has nagged even a dozen people into keep their antivirus up to date or their Windows updates enabled, then it's done it's job.
True. But it's the other things that Security Center does that is the problem. For example, WGA. Exactly which of those functions you listed does WGA fall under? Certainly not 'Automatic Updates'. It stops some machines from getting those updates, making them far more likely to actually become spambots. In effect, it's a step backwards.
Yes, I know those machines are probably copyright-impaired and in China somewhere. But you know what? My inbox doesn't care.
And that's why MS will never allow other companies to replace it. It seems to say "this makes the user more secure" but it actually says "this makes US more secure". Notice how that is the vector that allowed Microsoft Genuine Advantage onto all the XP machines. Which is also doublespeak - there is no advantage to the user, only to MS.
If these guys think MS will simply hand over the keys to that much control, they're nuts.
Mythbusters is science, done in a fun way. Ever watch Mr. Wizard or Bill Nye? Or Jearl Walker? That's the schtick these guys are in. Science as fun. You know, so that the next generation of kids will think science is cool and keep making/building/inventing stuff.
Science isn't just a field of study - it's also an establishment. And good PR is part of any successful establishment.
And not just the entertainment side, mind you. The science side also benefits from the mix of personalities.
Some problems require finesse and fine planning. Others require repeated blows with a hammer. I think that's why the producers occasionally pit Adam vs. Jamie on some myth-type task. To see which works best for a given situation: The Thinker, or the X-Factor.
You're assuming the big Vista market will be end user upgrades, which isn't the case. All Microsoft has to do is to stop selling XP to Dell, Gateway, CompUSA, BestBuy and Compaq.
Inside of 6 months Vista will be the most widely deployed OS in the world.
Just wanted to say thanks for the links. And for being the only guy not making the all-too-literal observation that "should" is in fact not the largest word in the sentence.
Um... the whole point is that the people who are downloading music without paying for it are _not_ the RIAA's customer base - the ones who buy the records are their customer base and the RIAA is not suing people for legally buying records.
I think you'll find that downloading increasessales. People who use P2P and download music buy more albums. Therefore, the people they are suing are, in fact, their customer base.
True, other monopolies do exercise their powers against their customers, but in a cash-only way as far as I know. To explain a bit, has an oil company ever sued someone for using biodiesel? A cellular company for people using HAM radio? The analogies aren't perfect, but hopefully you get my gist. The RIAA seems to be doing something unique. They're not just gouging their customer base, they're taking them to court over perceived (and very hard to justify) damages in what amounts to an extortion racket.
So, has any other cartel ever done anything like this?
Are there any precedents in history of any industry doing anything like this before? I know there have been examples of cartels forming and the cartel using their combined power against other businesses, but is there anything in history like a cartel using its massive legal leverage against their own customer base?
I know the comment was made as a joke, but in all seriousness Weird Al is a decent musician.
Saw him play live on his Running With Scissors tour. The man can play an accordian and sing and dance doing high kicks all at the same time and not miss a beat. Kinda reminded me of Steve Martin, back when he used to do his bit with the banjo. It was honestly a hell of a show.
BTW, the concert t-shirt I got from that show gets more comments than any other piece of clothing I own. "Hey, is that a Weird Al t-shirt you're wearing?"
He cited several examples in which the defendants failed to fully and promptly disclose evidence, calling one instance "an intentional attempt by Defendants to mislead z4 and this Court."
Ok, so if this is an actionable item - why hasn't SCO been nailed with something similar? They've been doing the smoke and mirrors thing for years now.
What gives? Why can a judge nail MS with this, but not SCO?
Since record companies have realized the popularity of iTunes and other sites, many reworked contracts to give artists less money per download. Andrews said while record companies once offered artists about 30 cents for each song sold, now musicians are earning less than a dime.
I thought the RIAA was out to help and protect all those starving artists, y'know? From all those nasty pirates who deny them their fair value for their music. Right?
Slashdot Mirror
I hear you, I just don't think that would happen. MS would rather blow that money on lawyers or burn it in huge steaming piles in the middle of Redmond rather than let anyone else get their hands on it.
In a way, you know what this whole SCO/IBM thing reminds me of? The Korean War. No, really - stick with me on this.
You have two huge superpowers who disliked each other immensely at the time, China and the US. But rather than fight each other directly, they decided to hash it out through puppet governments and a limited engagement in Korea. The north got backing and some support from China. The south got the same from the US. Nobody really committed anything earth-shaking to the conflict - too costly to go in full-tilt.
Reminds me of the whole SCO thing immensely. SCO doesn't have enough backing to do their bit, so MS funds them through Baystar. And they go after Linux. And Linux suddenly gets enough backing to defend itself through IBM. Notice how IBM and MS don't fight each other directly? It all takes place in their own private Korea, SCO.
The analogy isn't perfect, but it's close enough I think.
I don't see how your reference adds anything to the discussion, unless you are somehow saying that the Sedition Acts were suggested by some private entity for some private interest which somehow motivated President Adams to enact them.
I believe the acts were misguided - but I also believe that President Adams was really honestly trying to do what was best for the country by enacting them. I don't see an ulterior motive. I don't believe he was pandering to any particular small group, interest, or corporate entity. Which seems to be the primary motivator for politics these days.
In my work, I cannot have a preference. I have, however, a personal opinion, but that is for Saturday night.
If only more politicians and government officials had this mind set. Bravo.
But unfortunately in America, this is rarely how it goes. We haven't had people who think that way in the last 150 or so years here. We had the founding fathers, then maybe 50 or 100 years to bask in their glow...then it all became special interest groups, big business, professional lobbying and damn the rest.
A good local example I can think of is the office where my wife used to work. It was the nearest large city's plans, permits and zoning office. They had a raging debate for hours on end. What was the debate, you may ask? Whether or not it would be a good idea to put a nativity scene on the door for the holidays!
Can you imagine adults actually having to debate that?
I'm guessing no one at SCO is going to volunteer for federal ass-pounding prison if there's a way to drag some MSFT execs into the case with them.
I agree with your whole post 100%, but this is the tricky part.
Let's say all goes as IBM has planned and SCO gets their collective asses handed to them in court. And the SEC goes after them for insider trading once the whole case is settled and made public.
What next?
Exactly how do you draw a line between MS and the greybar hotel? Yeah, MS did finance the whole thing pretty much through Baystar. But investment isn't illegal.
I think you'd pretty much have to prove somehow that MS was giving them the money with the foreknowledge that they would use it to break the law. That would be seriously difficult to prove. And even then, it would be a corporation that was guilty - not individuals. The whole thing would work out to a fine at the worst, and MS is pretty famous for simply paying those off. The price of the ticket isn't a deterrant to these people.
IANAL, but that's how it seems to me.
It is correct as far as it goes, but what he's failing to realize is what is in place today.
In an ideal world, software wouldn't be patentable. But we don't live in an ideal world. Therefore, it might be good to deal with the situation at hand first.
I'm getting a little tired of hearing this FUD everytime a discussion of WGA pops up. WGA does *NOT* prevent a user from updating Windows.
Well, I wouldn't really call it FUD. From the page itself:
Benefits of Genuine Windows: ...
Ongoing Improvements ...
You will get access to updates, enhancements, and innovations that help you protect and do more with your PC.
So...with WGA you get access to Ongoing Improvements, which means access to updates. If the situation is different, then MS is not really painting that picture. So if it's FUD, it's being spread by MS itself.
I can hardly be blamed for reading their page and believing what I see, y'know.
You can rail on Windows Genuine Advantage all you want, but if the Security Center has nagged even a dozen people into keep their antivirus up to date or their Windows updates enabled, then it's done it's job.
True. But it's the other things that Security Center does that is the problem. For example, WGA. Exactly which of those functions you listed does WGA fall under? Certainly not 'Automatic Updates'. It stops some machines from getting those updates, making them far more likely to actually become spambots. In effect, it's a step backwards.
Yes, I know those machines are probably copyright-impaired and in China somewhere. But you know what? My inbox doesn't care.
And that's why MS will never allow other companies to replace it. It seems to say "this makes the user more secure" but it actually says "this makes US more secure". Notice how that is the vector that allowed Microsoft Genuine Advantage onto all the XP machines. Which is also doublespeak - there is no advantage to the user, only to MS.
If these guys think MS will simply hand over the keys to that much control, they're nuts.
Good lord man. Why go through all that trouble?
The article should be called Why Johnny Can't Freaking Use Google.
As soon as they start building death rays or chicken guns, that's when.
Mythbusters is science, done in a fun way. Ever watch Mr. Wizard or Bill Nye? Or Jearl Walker? That's the schtick these guys are in. Science as fun. You know, so that the next generation of kids will think science is cool and keep making/building/inventing stuff.
Science isn't just a field of study - it's also an establishment. And good PR is part of any successful establishment.
And not just the entertainment side, mind you. The science side also benefits from the mix of personalities.
Some problems require finesse and fine planning. Others require repeated blows with a hammer. I think that's why the producers occasionally pit Adam vs. Jamie on some myth-type task. To see which works best for a given situation: The Thinker, or the X-Factor.
It's a damn good show on a lot of levels, really.
This is one of the best and most level headed posts about music/copyright on Slashdot I've ever seen. Beautiful summation of the problem.
Port Halo to the Diebold voting machines.
You're assuming the big Vista market will be end user upgrades, which isn't the case. All Microsoft has to do is to stop selling XP to Dell, Gateway, CompUSA, BestBuy and Compaq.
Inside of 6 months Vista will be the most widely deployed OS in the world.
Just wanted to say thanks for the links. And for being the only guy not making the all-too-literal observation that "should" is in fact not the largest word in the sentence.
Um ... the whole point is that the people who are downloading music without paying for it are _not_ the RIAA's customer base - the ones who buy the records are their customer base and the RIAA is not suing people for legally buying records.
I think you'll find that downloading increases sales. People who use P2P and download music buy more albums. Therefore, the people they are suing are, in fact, their customer base.
True, other monopolies do exercise their powers against their customers, but in a cash-only way as far as I know. To explain a bit, has an oil company ever sued someone for using biodiesel? A cellular company for people using HAM radio? The analogies aren't perfect, but hopefully you get my gist. The RIAA seems to be doing something unique. They're not just gouging their customer base, they're taking them to court over perceived (and very hard to justify) damages in what amounts to an extortion racket.
So, has any other cartel ever done anything like this?
Are there any precedents in history of any industry doing anything like this before? I know there have been examples of cartels forming and the cartel using their combined power against other businesses, but is there anything in history like a cartel using its massive legal leverage against their own customer base?
While the tiny black holes should evaporate quickly...
The biggest word in that sentence is should.
Er.. if you think she's "super-hot", you need to get out more.
If you don't, then you need to spend some time actually talking to those bar chicks.
Unless you don't consider patent lawyers part of the animal kingdom.
I know the comment was made as a joke, but in all seriousness Weird Al is a decent musician.
Saw him play live on his Running With Scissors tour. The man can play an accordian and sing and dance doing high kicks all at the same time and not miss a beat. Kinda reminded me of Steve Martin, back when he used to do his bit with the banjo. It was honestly a hell of a show.
BTW, the concert t-shirt I got from that show gets more comments than any other piece of clothing I own. "Hey, is that a Weird Al t-shirt you're wearing?"
He cited several examples in which the defendants failed to fully and promptly disclose evidence, calling one instance "an intentional attempt by Defendants to mislead z4 and this Court."
Ok, so if this is an actionable item - why hasn't SCO been nailed with something similar? They've been doing the smoke and mirrors thing for years now.
What gives? Why can a judge nail MS with this, but not SCO?
...to switch to Vista. That way, this sort of thing will never happen again. You betcha.
Since record companies have realized the popularity of iTunes and other sites, many reworked contracts to give artists less money per download. Andrews said while record companies once offered artists about 30 cents for each song sold, now musicians are earning less than a dime.
I thought the RIAA was out to help and protect all those starving artists, y'know? From all those nasty pirates who deny them their fair value for their music. Right?
Surely this cannot be!