In my experience the Tiger-Leopard update is better than the XP-Vista one. More software that was under Tiger works well under Leopard... I think the fact that the issues are small makes it worse, not better because there's a large group of programs that "almost" work like they did. If that's your profession though, you're out cold and "workarounds" don't fly. Also, I think a great deal higher percent of mac owners upgraded to Leopard than XP owners to Vista.
Add to that proprietary companies have STILL not fixed bugs in their Vista software for a whole YEAR vs. 1 month for Leopard and Macs are WAY ahead. I installed on launch day and if I had held out till the weekend, I probably would wait. But on my system almost nothing broke and a few bugs were fixed.
"moral crusades" are what business ethics are all about... the idea is to be ethically transparent and follow your companies rules so that if you do get sued, you can point to FACTS that workers follow the rules.. sure you may have not had the correct interpretation, and the law may still fine you, but showing a culture that every person in the company is committed to following the law and best practices makes a big impression on judges... the difference between fines and jail time in some cases.
If this company makes primarily software, they really should have addressed these issues up front. There should be a Lot of training of newbies in IP rules... most programmers don't read slashdot and know how capricious the IP rules really are. Perhaps the issue is nothing to the company lawyers, the bigger problem is that the lawyers will take it more seriously that it really is and THEY will start a crusade.
This OP seems to want to do the ethical thing and report the issue to somebody to do his duty to the company so he will have a job in 10 years and not watch the place get shutdown by lawyers! Obviously the company has not made available a good channel in which to report ethics concerns and a method to vet IP resource issues of any kind. If IP is their product they should get on the ball because these issues don't go away, and ignoring them only allows the other lawyers to stack up the charges if something bad does happen.
Depending on the community the website might take ownership, especially if it's one of those pay-per-fix sites out there. Or perhaps somebody needs to start a license-in-a-sig to make commented code snips public domain or such... it's a sticky world.. this would be very similar to the issues with photos on flickr put under CC but still not kosher.
It appears the guy who did the coping a while ago is now the "boss" of the project and the poster is the new guy. So if the original guy (now the boss) blows him off, he'd HAVE to go over the boss's head and that causes trouble. I think contacting the legal department in general terms for guidelines without specifics might be good.. but again, it's the boss's code.. if legal starts ordering code reviews it still comes down on him, as the only other person to review the code.
Depending on the corporate culture they may welcome your input and train everybody in a policy, or they may simply shoo you as a "troublemaker" and make life miserable for slowing them down.
This is why programmers need to do design documents and not just code "off the cuff".
If you had referenced the online help as a design document, then re-implemented the flowchart of what it was doing you'd probably be in the clear. I know business is more pragmatic, but think of what a professor would do if you just cut and pasted. Would it pass for college work?
why do we need a "special" law for that.. don't we already pay the DHS, FBI, DEA, CIA, NSA, etc to be DOING that right now? Isn't that their JOB to know this stuff? Unless we're going to use this to say those agencies need MORE legal powers...again, it's redundant. All this does is create another way to spend money without accountability for the money they've already been given.
There's still solar particles out there, however sparse.. normally they move too fast for devices on earth to measure... at this point the device will be going faster than solar particles... kind of cool that the device has "outrun" it's home star.
this is the kind of thing scientists predict all the time and observe in lab experiments... but this device is actually GOING to the edge of a solar system... it's someplace human made instruments haven't been. Science at it's very purest form, simply going and observing something nobody has actually seen before.
Why do you go on vacation to foreign places.. aren't postcards and Discovery channel good enough? It's a whole lot different to say "we were there" than guessing what it would be like from a long distance.
the investors can sue the management personally for running the company down... and then Novell can sue the shareholders for THAT money to as it represents shares interest and stock holders would owe that money to Novell if it was to show up. I wonder how that would fly?
First level judges get over turned a lot, because there are many, many recourses available after the first set of trials... EXCEPT.. in this case SCO has used up every single discovery and process exception... the appeals court has kicked them BACK to this judge over and over, so when he rules, there won't be much of an appeal left to make to anybody. And the Marshals will seize their assets more or less immediately, so there will be no more appeals!
I like the Java/OSX integration.. apps look and behave very close to Mac apps... even the simple little ones. But the Java 6 implementation is annoying. There WAS a Java 6 beta but the week before Leopard launched it disappeared. As I'm taking Java in school this semester, I was eagerly awaiting the released version when I got leopard.. disappointing.
I don't care what "license" is attached, that doesn't make it OK. Apple sold intel macs for two years claiming "beta" status... perhaps they missed the note I wrote on my dollars that the dollars were "beta" too and I want them back.
Boot Camp is a necessary feature that brought Apple many sales of mac hardware, they made US wait 1 whole extra year for leopard with Boot Camp in "beta" status.. if the CUSTOMERS don't want to move yet, it's Apple's problem to support the people that PAID to buy their macs in the way they wish to use them. "The customer is always right" comes to mind in exactly this situation!!! Apple released a slightly rushed Leopard 3 days before the cut-off to reinstall your system if it broke, that is not acceptable customer service. Heck, Microsoft still supports installing Windows 2000 and will let you get service packs that aren't time-bombed. This is becoming a typical repeating MO (third time this year) for Apple to let stuff break then stick their head in the sand. Sure, October 07 seemed like a fair timeframe... in 2006!! but the new OS has warts that would shut people down if they moved over right now. Upgrading is not an option for the CUSTOMER'S work plan...especially on less than 30 days notice, you know, the people that buy products from Apple to use them for work!!! Apple needs to get their nose out of their business plan and support what customers DEMAND.. that's why it's called DEMAND and not "feels like". You give customers what they want or next time they go else where. We DEMAND to continue Tiger and boot camp until WE're satisfied it works for us. We demand our iPhone/Touch SDK, or we'll tell all our friends Apple was a bad idea and wait for desktop Linux and Google phone!
the grievances listed by various posters seem to be for abusing court proceedings (that he is often not a party to?) to attack judges and lawyers personally following their LEGALLY assigned duties and not the plaintiff or the case or the issue at hand. Many of the things seem to be in the line that a lawyer doesn't have the right to defend the case, and he's filing abusive, unsolicited motions to prevent the lawyers from presenting evidence, because the defendant is "morally" bad and doesn't deserve Constitutional defense... completely out of line for a lawyer and they ALL know this.
These are far more legally specific, serious accusations than his suits being "frivolous" that we bellyache about here. These are beyond the realm of "opinion" and it's judges and lawyers that are brining the charges, not slashdotters.
but 9 gig of bandwith x the number of DVDs sold is a huge amount. most people in the US do not have that available and the cost is prohibitively high compared to a DVD. I have 3 meg service, until I can download full scale DVD or better from iTunes in less than 15 minutes it takes to drive to the rental store, pick out a movie and be home, on line movies are not practical. Good for hard to get stuff like Stargate Atlantis on channels I don't get on cable, but not for casual Friday nite movie browsing.
we already have this issue with Xbox live companies selling "half" a game for $60 but to get all the cool advertised extra weapons, race car tracks, game levels, etc, you have to pay the company something "extra" even though that content is already on the disc you purchased! This is just a way to do the same thing for DVDs.
In this case the cost will probably go down as the studios would rather you purchase for $10 versus rent for $5. They'll put ads in to try to get the $5 directly from you and cut out the middleman. Like the parent says, if I'm going to pay twice anyway, and have to sign up online, then the DVD is useless. I might as well get a good rip off iTunes.. it almost validates Apple's position for online movies and Apple gives a generous cut to the studios, but THEY have control and studios are all about Control, even if it means sacrificing profits.
There's two parts to this... first this will help the disc distribution at Walmart remain cheaper than iTunes keeping the model of buying discs in place and may even curb the rental market because who'll buy the key for a rental?
also the purchase of the key would be online directly to the studio... from your DVD menu.. and by DVD the probably mean HD or Blu-ray as those both have internet access required in all hardware but not for all discs... yet. But anyway, this would be like Xbox live, getting you to pay the STUDIO directly for content that triples their profits by not requiring middlemen. Then they have control of the product.. soon DVDs will be just like EA Xbox games where you have to pay to unlock all the "advertised" content after paying full price for the "enhanced" disc!!!
and when you get a secretary and buy a new computer for yourself, you will completely reinstall the proper software for her? Because using the default uninstall programs for those packages will not remove ALL the software and you will be guilty of "piracy" for the components disabled but not removed completely.
I'm not condoning piracy, but the rules the BSA uses are capricious and dishonest and there's no way anybody can follow all of them.. demanding $150k settlements for uninstallers not working correctly is what they do, you can't defend yourself because unlike physical goods that if you possess , you are considered to own legally, software you "possess" you have to "prove" you paid a legal seller for and bought a legal copy. Under normal rules that's an illegal argument to make in court but somehow software makers got away with it.
I can guarantee, that ANY company can be sued successfully unless they pay for the large blanket site licenses for everything. By everything I mean EVERYTHING including things like ActiveX plugins, Flash, Acrobat reader, etc. The software uninstall methods from these same vendors don't really remove the WHOLE products.. try removing Office, it won't take out fonts or certain office "helpers" same with Adobe or Autodesk products, their provided packages don't properly remove themselves.. but YOU are liable.
I watch my IT guys fill out there software checklists and tracking tickets for licenses and dot every "i" and cross every "t" to make sure we comply to 100% of our ability. I can guarantee, I could call the BSA and they would find something to sue for $100k+ because the audit method is a racket, meet to scare you into paying up front.. if you let them audit thinking you're following the rules perfectly they fine you triple damages out of spite.
exactly, remember Earnie Ball was sued because they moved PCs from engineers to secretaries without properly uninstalling the software. They weren't using it, but it didn't matter, parts of it were installed in too many spots. An automated script "found" all this "illegal" software, all they do is look for,exe and.dll files that THEY know about, and that their uninstaller program misses, but YOU don't. The only sure way to pass such an audit is if you erase and rebuild every time you remove a software package from an office PC. Are you sure you got ALL the fonts, ALL the dlls, All the hidden little things like spyware network drivers and such... things the software didn't even tell you it installed!!! It's still YOUR fault if those are on the PCs after removal because you "might" be using those "unlicensed" features. Care to explain in court that THEIR uninstaller didn't really uninstall the whole package? like that would fly. It's your Obligation to Destroy the software even if it means ruining the install and productivity.
Where's the tool on my home PC to check for THAT level of compliance? If it's not on the home version or desktop version then these companies don't really take "piracy" seriously, it's just a way to use the law to abuse customers. I want Windows to tell me what's on my PC. I want windows to refresh it self and uninstall all packages if I tell it too.. and remove all pieces of licensed software properly... anybody tried to remove Starforce after uninstalling the attached game? if Microsoft REFUSES to do that they they are aiding the pirates!!
but the rules are too strict and capricious.. remember each software company has it's own rules... did you pay for 1 copy of winzip per machine or the site license? What about copies of "free" software like Flash, windows updates, Acrobat Reader, etc. Who's to say those don't have some backdoor "not for corporate" fee buried in there? What about software other OEMS bundle with their machines such as that network appliance or CNC machine you bought with included editing software.. I've heard microsoft support outright mislead about what rights you have when ISVs sell you required software to make their products go... and you gotta love those "internet only" EULAs where Microsoft reserves the right to change the contract, on the internet, without notice, and they don't offer "backup" copies of old agreements so when you get audited and think your following on set of rules you can't even look up the set on the date you bought the software and say you're following that!
I haven't seen Microsoft or Adobe or Autodesk, the companies that claim piracy is a "big problem" release GOOD software tracking tools. You'd think they'd help companies that really want to be legal, but in reality they don't, because if you're legal, you can LEAVE any time you want! Even Microsoft's "enterprise" licensing is poorly kept up to date... we use one software vendor for all our purchases, under our agreement, and have trouble every time we do audits because the site doesn't match the paid sales receipts we have... and my company strives to be 100% compliant.
You'd think Microsoft would build in a standard licensing model like IBM does into their server products. On my IBM iSeries I can look up all registered software on one screen and my terms, EULAs, and keys an know I am following the license for fact. That way all the vendors can register their requirements and you can track them with a single menu option... if copyright is SO important, why don't I have that function to audit my licenses on my PC right now? Because they don't take licensing seriously because they are not ETHICAL... it's not about customers following the rules to use the product to make the customer's companies profits, it's about executives deciding when to shake the "money tree" and uncertainty is the leverage.
You CANNOT be 100% complaint either
thru error -- when you move or decommission a PC you erase every drive (and rebuild from original CDs only), not just delete the software because Add/remove isn't good enough for the contractual terms. it's your fault if the uninstaller leaves licensed pieces!
thru normal industry standard backups -- yep, if you backup your servers on a nightly basis, you're probably violating the license by having more than one copy of the software on a backup tape, not to mention install images used for network PCs.
thru ever changing contractual obligations -- you're expected to keep up with via the internet (and they don't have to notify you in writing even for the enterprise agreements!).
The BSA is an illegal witch hunt organization and needs to be shut down, but nobody has the money and if you do fight they make an "example" out of you on some contractual technicality. Software licensing is not about contract law at all, but about what software executives WANT to be and the courts have let them make that law.
the big companies rolled over years ago because it's simply too hard to find every PC... and when they did follow all those rules making sure every license key and box were matched the BSA started dinging them for PCs at home or vendors that connected into their systems. Basically, you have to have a Purchase order, paid receipt, any license certificate included AND a legal key. If any of those pieces don't match you're pirating. The common practice of buying all Dells with stickers and OEM office for each one is not "good enough" because the "certificate" and key (even though Dell is mandated to install windows on everything) doesn't say you "paid" for it. In physical property terms, that's not legal at all to accuse somebody that owns something of stealing it, but in software they redefine "ownership" of something bought in a store in a box and somehow manage to get away with it.
exactly, the whole thing is legal hostage taking if you ask me. Like you said, even with a straight business Dell with OEM office installed and the machine stickered properly, it's still not "enough" for the BSA if you donate it! The OEM licenses are transferable with the exact hardware, but if the next person doesn't have the actual bill of sale and paid receipt for that computer it's not "legally" been transfered. How likely are you to give out the paid receipt with your CC# on it as well as a letter of transfer to some charity? Businesses have all sorts of onerous restrictions they don't enforce (but are still in the EULA) for consumer customers. So even though charities get legally licensed machines, they still have to pay more.
a truly kite powered ship would have to have different structural geometry to adjust for the stresses. A Yacht format would be really super cool, especially if it was in a catamaran format with a sleek, fast hull. In trade winds, you could probably get faster than engine powered boats with no fuel.
In my experience the Tiger-Leopard update is better than the XP-Vista one. More software that was under Tiger works well under Leopard... I think the fact that the issues are small makes it worse, not better because there's a large group of programs that "almost" work like they did. If that's your profession though, you're out cold and "workarounds" don't fly. Also, I think a great deal higher percent of mac owners upgraded to Leopard than XP owners to Vista.
Add to that proprietary companies have STILL not fixed bugs in their Vista software for a whole YEAR vs. 1 month for Leopard and Macs are WAY ahead. I installed on launch day and if I had held out till the weekend, I probably would wait. But on my system almost nothing broke and a few bugs were fixed.
So that means George Lucas will do an "Orange Box" of Star Wars?
"moral crusades" are what business ethics are all about... the idea is to be ethically transparent and follow your companies rules so that if you do get sued, you can point to FACTS that workers follow the rules.. sure you may have not had the correct interpretation, and the law may still fine you, but showing a culture that every person in the company is committed to following the law and best practices makes a big impression on judges... the difference between fines and jail time in some cases.
If this company makes primarily software, they really should have addressed these issues up front. There should be a Lot of training of newbies in IP rules... most programmers don't read slashdot and know how capricious the IP rules really are. Perhaps the issue is nothing to the company lawyers, the bigger problem is that the lawyers will take it more seriously that it really is and THEY will start a crusade.
This OP seems to want to do the ethical thing and report the issue to somebody to do his duty to the company so he will have a job in 10 years and not watch the place get shutdown by lawyers! Obviously the company has not made available a good channel in which to report ethics concerns and a method to vet IP resource issues of any kind. If IP is their product they should get on the ball because these issues don't go away, and ignoring them only allows the other lawyers to stack up the charges if something bad does happen.
will the copyright lawyers outlive the zombies?
or will there zombie lawyers! to continue copyright... man this would have made a good episode of Angel.
but even slashtdot has this for comments:
"All trademarks and copyrights on this page are owned by their respective owners. Comments are owned by the Poster. The Rest © 1997-2007 SourceForge, Inc."
Depending on the community the website might take ownership, especially if it's one of those pay-per-fix sites out there. Or perhaps somebody needs to start a license-in-a-sig to make commented code snips public domain or such... it's a sticky world.. this would be very similar to the issues with photos on flickr put under CC but still not kosher.
It appears the guy who did the coping a while ago is now the "boss" of the project and the poster is the new guy. So if the original guy (now the boss) blows him off, he'd HAVE to go over the boss's head and that causes trouble. I think contacting the legal department in general terms for guidelines without specifics might be good.. but again, it's the boss's code.. if legal starts ordering code reviews it still comes down on him, as the only other person to review the code.
Depending on the corporate culture they may welcome your input and train everybody in a policy, or they may simply shoo you as a "troublemaker" and make life miserable for slowing them down.
This is why programmers need to do design documents and not just code "off the cuff".
If you had referenced the online help as a design document, then re-implemented the flowchart of what it was doing you'd probably be in the clear. I know business is more pragmatic, but think of what a professor would do if you just cut and pasted. Would it pass for college work?
why do we need a "special" law for that.. don't we already pay the DHS, FBI, DEA, CIA, NSA, etc to be DOING that right now? Isn't that their JOB to know this stuff? Unless we're going to use this to say those agencies need MORE legal powers...again, it's redundant. All this does is create another way to spend money without accountability for the money they've already been given.
There's still solar particles out there, however sparse.. normally they move too fast for devices on earth to measure... at this point the device will be going faster than solar particles... kind of cool that the device has "outrun" it's home star.
this is the kind of thing scientists predict all the time and observe in lab experiments... but this device is actually GOING to the edge of a solar system... it's someplace human made instruments haven't been. Science at it's very purest form, simply going and observing something nobody has actually seen before.
Why do you go on vacation to foreign places.. aren't postcards and Discovery channel good enough? It's a whole lot different to say "we were there" than guessing what it would be like from a long distance.
the investors can sue the management personally for running the company down... and then Novell can sue the shareholders for THAT money to as it represents shares interest and stock holders would owe that money to Novell if it was to show up. I wonder how that would fly?
First level judges get over turned a lot, because there are many, many recourses available after the first set of trials... EXCEPT.. in this case SCO has used up every single discovery and process exception... the appeals court has kicked them BACK to this judge over and over, so when he rules, there won't be much of an appeal left to make to anybody. And the Marshals will seize their assets more or less immediately, so there will be no more appeals!
I like the Java/OSX integration.. apps look and behave very close to Mac apps... even the simple little ones. But the Java 6 implementation is annoying. There WAS a Java 6 beta but the week before Leopard launched it disappeared. As I'm taking Java in school this semester, I was eagerly awaiting the released version when I got leopard.. disappointing.
I don't care what "license" is attached, that doesn't make it OK. Apple sold intel macs for two years claiming "beta" status... perhaps they missed the note I wrote on my dollars that the dollars were "beta" too and I want them back.
Boot Camp is a necessary feature that brought Apple many sales of mac hardware, they made US wait 1 whole extra year for leopard with Boot Camp in "beta" status.. if the CUSTOMERS don't want to move yet, it's Apple's problem to support the people that PAID to buy their macs in the way they wish to use them. "The customer is always right" comes to mind in exactly this situation!!! Apple released a slightly rushed Leopard 3 days before the cut-off to reinstall your system if it broke, that is not acceptable customer service. Heck, Microsoft still supports installing Windows 2000 and will let you get service packs that aren't time-bombed. This is becoming a typical repeating MO (third time this year) for Apple to let stuff break then stick their head in the sand. Sure, October 07 seemed like a fair timeframe... in 2006!! but the new OS has warts that would shut people down if they moved over right now. Upgrading is not an option for the CUSTOMER'S work plan...especially on less than 30 days notice, you know, the people that buy products from Apple to use them for work!!!
Apple needs to get their nose out of their business plan and support what customers DEMAND.. that's why it's called DEMAND and not "feels like". You give customers what they want or next time they go else where. We DEMAND to continue Tiger and boot camp until WE're satisfied it works for us. We demand our iPhone/Touch SDK, or we'll tell all our friends Apple was a bad idea and wait for desktop Linux and Google phone!
the grievances listed by various posters seem to be for abusing court proceedings (that he is often not a party to?) to attack judges and lawyers personally following their LEGALLY assigned duties and not the plaintiff or the case or the issue at hand. Many of the things seem to be in the line that a lawyer doesn't have the right to defend the case, and he's filing abusive, unsolicited motions to prevent the lawyers from presenting evidence, because the defendant is "morally" bad and doesn't deserve Constitutional defense... completely out of line for a lawyer and they ALL know this.
These are far more legally specific, serious accusations than his suits being "frivolous" that we bellyache about here. These are beyond the realm of "opinion" and it's judges and lawyers that are brining the charges, not slashdotters.
but 9 gig of bandwith x the number of DVDs sold is a huge amount. most people in the US do not have that available and the cost is prohibitively high compared to a DVD. I have 3 meg service, until I can download full scale DVD or better from iTunes in less than 15 minutes it takes to drive to the rental store, pick out a movie and be home, on line movies are not practical. Good for hard to get stuff like Stargate Atlantis on channels I don't get on cable, but not for casual Friday nite movie browsing.
we already have this issue with Xbox live companies selling "half" a game for $60 but to get all the cool advertised extra weapons, race car tracks, game levels, etc, you have to pay the company something "extra" even though that content is already on the disc you purchased! This is just a way to do the same thing for DVDs.
In this case the cost will probably go down as the studios would rather you purchase for $10 versus rent for $5. They'll put ads in to try to get the $5 directly from you and cut out the middleman. Like the parent says, if I'm going to pay twice anyway, and have to sign up online, then the DVD is useless. I might as well get a good rip off iTunes.. it almost validates Apple's position for online movies and Apple gives a generous cut to the studios, but THEY have control and studios are all about Control, even if it means sacrificing profits.
There's two parts to this... first this will help the disc distribution at Walmart remain cheaper than iTunes keeping the model of buying discs in place and may even curb the rental market because who'll buy the key for a rental?
also the purchase of the key would be online directly to the studio... from your DVD menu.. and by DVD the probably mean HD or Blu-ray as those both have internet access required in all hardware but not for all discs... yet. But anyway, this would be like Xbox live, getting you to pay the STUDIO directly for content that triples their profits by not requiring middlemen. Then they have control of the product.. soon DVDs will be just like EA Xbox games where you have to pay to unlock all the "advertised" content after paying full price for the "enhanced" disc!!!
and when you get a secretary and buy a new computer for yourself, you will completely reinstall the proper software for her? Because using the default uninstall programs for those packages will not remove ALL the software and you will be guilty of "piracy" for the components disabled but not removed completely.
I'm not condoning piracy, but the rules the BSA uses are capricious and dishonest and there's no way anybody can follow all of them.. demanding $150k settlements for uninstallers not working correctly is what they do, you can't defend yourself because unlike physical goods that if you possess , you are considered to own legally, software you "possess" you have to "prove" you paid a legal seller for and bought a legal copy. Under normal rules that's an illegal argument to make in court but somehow software makers got away with it.
I can guarantee, that ANY company can be sued successfully unless they pay for the large blanket site licenses for everything. By everything I mean EVERYTHING including things like ActiveX plugins, Flash, Acrobat reader, etc. The software uninstall methods from these same vendors don't really remove the WHOLE products.. try removing Office, it won't take out fonts or certain office "helpers" same with Adobe or Autodesk products, their provided packages don't properly remove themselves.. but YOU are liable.
I watch my IT guys fill out there software checklists and tracking tickets for licenses and dot every "i" and cross every "t" to make sure we comply to 100% of our ability. I can guarantee, I could call the BSA and they would find something to sue for $100k+ because the audit method is a racket, meet to scare you into paying up front.. if you let them audit thinking you're following the rules perfectly they fine you triple damages out of spite.
exactly, remember Earnie Ball was sued because they moved PCs from engineers to secretaries without properly uninstalling the software. They weren't using it, but it didn't matter, parts of it were installed in too many spots. An automated script "found" all this "illegal" software, all they do is look for ,exe and .dll files that THEY know about, and that their uninstaller program misses, but YOU don't. The only sure way to pass such an audit is if you erase and rebuild every time you remove a software package from an office PC. Are you sure you got ALL the fonts, ALL the dlls, All the hidden little things like spyware network drivers and such... things the software didn't even tell you it installed!!! It's still YOUR fault if those are on the PCs after removal because you "might" be using those "unlicensed" features. Care to explain in court that THEIR uninstaller didn't really uninstall the whole package? like that would fly. It's your Obligation to Destroy the software even if it means ruining the install and productivity.
Where's the tool on my home PC to check for THAT level of compliance? If it's not on the home version or desktop version then these companies don't really take "piracy" seriously, it's just a way to use the law to abuse customers. I want Windows to tell me what's on my PC. I want windows to refresh it self and uninstall all packages if I tell it too.. and remove all pieces of licensed software properly... anybody tried to remove Starforce after uninstalling the attached game? if Microsoft REFUSES to do that they they are aiding the pirates!!
but the rules are too strict and capricious.. remember each software company has it's own rules... did you pay for 1 copy of winzip per machine or the site license? What about copies of "free" software like Flash, windows updates, Acrobat Reader, etc. Who's to say those don't have some backdoor "not for corporate" fee buried in there? What about software other OEMS bundle with their machines such as that network appliance or CNC machine you bought with included editing software.. I've heard microsoft support outright mislead about what rights you have when ISVs sell you required software to make their products go... and you gotta love those "internet only" EULAs where Microsoft reserves the right to change the contract, on the internet, without notice, and they don't offer "backup" copies of old agreements so when you get audited and think your following on set of rules you can't even look up the set on the date you bought the software and say you're following that!
I haven't seen Microsoft or Adobe or Autodesk, the companies that claim piracy is a "big problem" release GOOD software tracking tools. You'd think they'd help companies that really want to be legal, but in reality they don't, because if you're legal, you can LEAVE any time you want! Even Microsoft's "enterprise" licensing is poorly kept up to date... we use one software vendor for all our purchases, under our agreement, and have trouble every time we do audits because the site doesn't match the paid sales receipts we have... and my company strives to be 100% compliant.
You'd think Microsoft would build in a standard licensing model like IBM does into their server products. On my IBM iSeries I can look up all registered software on one screen and my terms, EULAs, and keys an know I am following the license for fact. That way all the vendors can register their requirements and you can track them with a single menu option... if copyright is SO important, why don't I have that function to audit my licenses on my PC right now? Because they don't take licensing seriously because they are not ETHICAL... it's not about customers following the rules to use the product to make the customer's companies profits, it's about executives deciding when to shake the "money tree" and uncertainty is the leverage.
You CANNOT be 100% complaint either
thru error -- when you move or decommission a PC you erase every drive (and rebuild from original CDs only), not just delete the software because Add/remove isn't good enough for the contractual terms. it's your fault if the uninstaller leaves licensed pieces!
thru normal industry standard backups -- yep, if you backup your servers on a nightly basis, you're probably violating the license by having more than one copy of the software on a backup tape, not to mention install images used for network PCs.
thru ever changing contractual obligations -- you're expected to keep up with via the internet (and they don't have to notify you in writing even for the enterprise agreements!).
The BSA is an illegal witch hunt organization and needs to be shut down, but nobody has the money and if you do fight they make an "example" out of you on some contractual technicality. Software licensing is not about contract law at all, but about what software executives WANT to be and the courts have let them make that law.
the big companies rolled over years ago because it's simply too hard to find every PC... and when they did follow all those rules making sure every license key and box were matched the BSA started dinging them for PCs at home or vendors that connected into their systems. Basically, you have to have a Purchase order, paid receipt, any license certificate included AND a legal key. If any of those pieces don't match you're pirating. The common practice of buying all Dells with stickers and OEM office for each one is not "good enough" because the "certificate" and key (even though Dell is mandated to install windows on everything) doesn't say you "paid" for it. In physical property terms, that's not legal at all to accuse somebody that owns something of stealing it, but in software they redefine "ownership" of something bought in a store in a box and somehow manage to get away with it.
exactly, the whole thing is legal hostage taking if you ask me. Like you said, even with a straight business Dell with OEM office installed and the machine stickered properly, it's still not "enough" for the BSA if you donate it! The OEM licenses are transferable with the exact hardware, but if the next person doesn't have the actual bill of sale and paid receipt for that computer it's not "legally" been transfered. How likely are you to give out the paid receipt with your CC# on it as well as a letter of transfer to some charity? Businesses have all sorts of onerous restrictions they don't enforce (but are still in the EULA) for consumer customers. So even though charities get legally licensed machines, they still have to pay more.
a truly kite powered ship would have to have different structural geometry to adjust for the stresses. A Yacht format would be really super cool, especially if it was in a catamaran format with a sleek, fast hull. In trade winds, you could probably get faster than engine powered boats with no fuel.