"The judge rejected the argument. "The fallacy in the argument is that if the bank does not accept the EULA [licence] terms [by operating the software and agreeing the terms], it receives no licence. Thus it can confer no licence for the use of any Microsoft software by passing on the COA (certificate of authenticity), nor can the COA be evidence of, or itself confer, such a licence. Thus, provided that the licensing system is enforceable in law, the circumstances exemplified cannot give rise to a legitimate trade in COAs."
There in lies the basis for appeal and in my opinion where a class-action suit lies for all Windows OEM buyers. If I pay for something within the purchase of a system and don't use it what have I bought? The OEM has nested the purchase of a license I didn't accept, yet I "bought" it. This is where Microsoft has done a disservice to the computing industry and where OEM's continue to do so. Tying the the license to the machine, for one, and not allowing that license (unused) to be transferred or rejected for refund. In essence, Microsoft gets paid either way. For all of you "Microsoft is just doing good business" folks out there, they are not. They've set themselves up to, in this area, completely eliminate any risk in the marketplace. If a box ships, they're paid. Period.
Sure, OSX could/can have viruses. Yes, Word on a MAC can introduce macro viruses. Yes, PHP exploits can run on a Mac. But folks, the proof is in the pudding. If you switch to a Mac, at least now, you will have less virus and malware trouble. It's a fact. Whatever the reason, it's a fact. And people should be doing it. I'm encouraging everyone I know to do it. I've spent countless hours rebuilding systems and/or cleaning them when I can see that if they had a Mac their problem never would have happened. Windows is a sloppy, virus nursery. Yes, OSX or even Linux may/will one day have their share of viruses but today, July 7, 2006 switching is the quickest way to rid yourself of virus and malware issues.
Microsoft: "We're having a hard time with this GPL and Open Source thing. I mean, we can't call someone and say, 'Stop or we'll cut off your supply of this or that' like we can other companies. Therefore, we are being forced to reach out and share information in hopes, of course, that they devulge SOMEthing that can help us squash them like bugs!"
I don't, nor ever have, even as a conservative, favored the "well, let's inject western influence" as a means of change. Why? Because in the meantime a lot of people suffer and ideas are still quashed. The U.S. shouldn't be in China and DAMN shouldn't be in Vietnam. We should stand by our priniciples and leave them alone. Actually, now would be the best time to do just that. Now that they've had a taste of western products, yank 'em.
You're missing the point. Software bugs aren't just "something going bad." I can't sit at home and a software bug just happen. If a design flaw or neglect in a car led to the death of someone we'd hold the manufacturer accountable. Why not software vendors?
That's all fine but the best thing for any community is to thrive technologically. This elevates the community as a whole opening the door to prosperity in general. These ideas don't have to be mutually exclusive. I assure you, Gates didn't play this down because he thinks feeding and clothing them is more important. He did so because it's not his idea and isn't running MS software.
Gates: "We're wrestling with a security issue whereby our employees are able, due to holes in the desktop OS we're using, to be inundated with all sorts of software we didn't intend for them to run. Suddenly, we're starting to ever...so...slowly...understand what all the security fuss is really about for our customers! Thus, Vista was delayed!"
So basically, I see people here advocating that if I knew the launch codes for our nuclear weapons I should probably publish them, were I a journalist? Or that if I did I should escape prosecution? That's absurd. This isn't a Bush Administration directive, people. It has always been thus.
No it isn't. No where in the definition of plagiarism does it mention "profit." What you are descibing is profitting from someone else's work. That's stealing of another sort.
With our paultry download speeds in the U.S. I'd say the big issue is at the consumer end. It's pretty sad that the big comm companies want to charge more for Google content but won't give me more the 2.5mb down and 384k up. I can change providers and get 6mb down and 512k up...woo...frickin' hoo when I read about 100mb overseas.
Okay, MultiMedia concerns I'll give him. But this guy's big gripe is: "I have complex documents in a proprietary format and Linux can't read them." In short, "M$ has me by the balls but I'd use Linux if it was just like Windows....and had me by the balls too!?"
Like Clinton used the IRS to levy audits on his/her detractors. Look, these are not recordings rather they are trends. We all seem content to let the Bank, Equifax, and other companies do this without our consent. Hell, even Tivo will track viewing trends of its users.
Dude, what were you thinking? Upsetting the apple cart like this is BOUND to get you a "Flamebait" or "Troll!" And, of course, at least one guy who takes you WAY too seriously. You should know you can't inject any negativity into a slashdot Global Warming/Evolution/Anti-Bush post here. I'll take my "Flamebait" now with a "ThankYouSirMayIHaveAnother!"
The same thing occurs to much lesser extent here in the U.S. People scour the airwaves and Internet and seize upon every opportunity to point out so-called politically incorrect statements. They label them as racist, offensive, and cruel and thus further their agenda. If these people got into power do you really think a Chinese-like regime would be a long shot?
I didn't realize there was a test! Oh well, time to break out the study food!
Let's see:
1 bag Vinegar and Salt Lays
1 Qt 2% Milk
1 can sardines
2 large Hungry Howie's Cheese Pizza's w/extra anchovies!
Re:So you argue the larger/richer corp should win?
on
On Apple vs Apple
·
· Score: 1
I think you're right. Hey! But he got me pegged! (sarcasm)
I disagree. Apple Comp. is not cutting records of bands and selling it. Anyone who thinks the trademark will be caught in confusion is an idiot or a crook. In this case, I think it's obvious. It's easy to hide behind, "We have to defend our trademark" like Apple Corp. but in reality they're either so blindly self-absorbed that they think this is really going to confuse people or they are simply suing because they can. True there was an agreement before but frankly it should have never been signed. I'm not sure iTunes constitutes a breach of that. Who knows.
Slashdot Mirror
"The judge rejected the argument. "The fallacy in the argument is that if the bank does not accept the EULA [licence] terms [by operating the software and agreeing the terms], it receives no licence. Thus it can confer no licence for the use of any Microsoft software by passing on the COA (certificate of authenticity), nor can the COA be evidence of, or itself confer, such a licence. Thus, provided that the licensing system is enforceable in law, the circumstances exemplified cannot give rise to a legitimate trade in COAs."
There in lies the basis for appeal and in my opinion where a class-action suit lies for all Windows OEM buyers. If I pay for something within the purchase of a system and don't use it what have I bought? The OEM has nested the purchase of a license I didn't accept, yet I "bought" it. This is where Microsoft has done a disservice to the computing industry and where OEM's continue to do so. Tying the the license to the machine, for one, and not allowing that license (unused) to be transferred or rejected for refund. In essence, Microsoft gets paid either way. For all of you "Microsoft is just doing good business" folks out there, they are not. They've set themselves up to, in this area, completely eliminate any risk in the marketplace. If a box ships, they're paid. Period.
Sure, OSX could/can have viruses. Yes, Word on a MAC can introduce macro viruses. Yes, PHP exploits can run on a Mac. But folks, the proof is in the pudding. If you switch to a Mac, at least now, you will have less virus and malware trouble. It's a fact. Whatever the reason, it's a fact. And people should be doing it. I'm encouraging everyone I know to do it. I've spent countless hours rebuilding systems and/or cleaning them when I can see that if they had a Mac their problem never would have happened. Windows is a sloppy, virus nursery. Yes, OSX or even Linux may/will one day have their share of viruses but today, July 7, 2006 switching is the quickest way to rid yourself of virus and malware issues.
Microsoft: "We're having a hard time with this GPL and Open Source thing. I mean, we can't call someone and say, 'Stop or we'll cut off your supply of this or that' like we can other companies. Therefore, we are being forced to reach out and share information in hopes, of course, that they devulge SOMEthing that can help us squash them like bugs!"
He must have started talking.
I don't, nor ever have, even as a conservative, favored the "well, let's inject western influence" as a means of change. Why? Because in the meantime a lot of people suffer and ideas are still quashed. The U.S. shouldn't be in China and DAMN shouldn't be in Vietnam. We should stand by our priniciples and leave them alone. Actually, now would be the best time to do just that. Now that they've had a taste of western products, yank 'em.
You're missing the point. Software bugs aren't just "something going bad." I can't sit at home and a software bug just happen. If a design flaw or neglect in a car led to the death of someone we'd hold the manufacturer accountable. Why not software vendors?
So does this mean that sites that have you "certify" that you are 18 or older are basically not really covering themselves?
True. If you're wondering why, though, I think you answered it. (grin)
That's all fine but the best thing for any community is to thrive technologically. This elevates the community as a whole opening the door to prosperity in general. These ideas don't have to be mutually exclusive. I assure you, Gates didn't play this down because he thinks feeding and clothing them is more important. He did so because it's not his idea and isn't running MS software.
Gates: "We're wrestling with a security issue whereby our employees are able, due to holes in the desktop OS we're using, to be inundated with all sorts of software we didn't intend for them to run. Suddenly, we're starting to ever...so...slowly...understand what all the security fuss is really about for our customers! Thus, Vista was delayed!"
So basically, I see people here advocating that if I knew the launch codes for our nuclear weapons I should probably publish them, were I a journalist? Or that if I did I should escape prosecution? That's absurd.
This isn't a Bush Administration directive, people. It has always been thus.
No it isn't. No where in the definition of plagiarism does it mention "profit." What you are descibing is profitting from someone else's work. That's stealing of another sort.
We look so much like monkeys, we must have fucked them at some point. Brilliant science! An epiphany struck over a pint of Guinness no doubt.
"it's still easier to answer"
Cool! So answer it...what's that? I didn't hear you...
With our paultry download speeds in the U.S. I'd say the big issue is at the consumer end. It's pretty sad that the big comm companies want to charge more for Google content but won't give me more the 2.5mb down and 384k up. I can change providers and get 6mb down and 512k up...woo...frickin' hoo when I read about 100mb overseas.
Okay, MultiMedia concerns I'll give him. But this guy's big gripe is: "I have complex documents in a proprietary format and Linux can't read them." In short, "M$ has me by the balls but I'd use Linux if it was just like Windows....and had me by the balls too!?"
I disagree. This would drain the EFF of funds better suited to cases they have a rat's ass chance in Hell of winning.
Like Clinton used the IRS to levy audits on his/her detractors. Look, these are not recordings rather they are trends. We all seem content to let the Bank, Equifax, and other companies do this without our consent. Hell, even Tivo will track viewing trends of its users.
Dude, what were you thinking? Upsetting the apple cart like this is BOUND to get you a "Flamebait" or "Troll!" And, of course, at least one guy who takes you WAY too seriously. You should know you can't inject any negativity into a slashdot Global Warming/Evolution/Anti-Bush post here.
I'll take my "Flamebait" now with a "ThankYouSirMayIHaveAnother!"
I turn 40 tomorrow, Kid! :)
The same thing occurs to much lesser extent here in the U.S. People scour the airwaves and Internet and seize upon every opportunity to point out so-called politically incorrect statements. They label them as racist, offensive, and cruel and thus further their agenda. If these people got into power do you really think a Chinese-like regime would be a long shot?
They should lose and I hope they do. This is stupidity. The logos are not significantly alike nor is their business.
I didn't realize there was a test! Oh well, time to break out the study food!
Let's see:
1 bag Vinegar and Salt Lays
1 Qt 2% Milk
1 can sardines
2 large Hungry Howie's Cheese Pizza's w/extra anchovies!
I think you're right. Hey! But he got me pegged! (sarcasm)
I disagree. Apple Comp. is not cutting records of bands and selling it. Anyone who thinks the trademark will be caught in confusion is an idiot or a crook. In this case, I think it's obvious. It's easy to hide behind, "We have to defend our trademark" like Apple Corp. but in reality they're either so blindly self-absorbed that they think this is really going to confuse people or they are simply suing because they can. True there was an agreement before but frankly it should have never been signed. I'm not sure iTunes constitutes a breach of that. Who knows.