"So it's a given that the music is already on your computer."
What if my harddrive crashes? What if I accidentally delete my music? What if a virus accidentally deletes it? Oh, then I guess I have to go throught hassle of getting the original CD out of storage, re-ripping the MP3, and then playing the iTunes game. Very convenient (sic). You must have tons of extra time.
Worse yet, in iTunes if you don't do a "Consolidate Library" then your music might be all over your harddrive or network shares or wherever. In my iTunes right now I have tunes with exclamation points next to them indicating that I accidentally deleted them off the harddrive before doing a library consolidation.
So you sir are WRONG and the premise for your argument is flawed. iTunes should work better and help me keep things better organized than it currently does. Because of iTunes and my own stupidity, I have already lost music. Luckily, there are tools like ephPod2 to help me recover without going through the hassle of re-ripping everything over. Additionally, if my harddrive crashed and I had to re-rip my whole collection I wouldn't be happy about it. Maybe I could mail all my CD's to you and you could spend a weekend putting it all back together for me.
So there is your legitimate reason.
meltdown by the slashdot effect
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The site was extremely slow and when it finally appeared I got this message:
Could not connect : Can't connect to local MySQL server through socket '/var/lib/mysql/mysql.sock' (11)
Nothing like waiting until a week before the election to test:) However, I guess it's better that waiting until the night before the election or not testing at all.
You need RAM too! However, with just with the CD-ROM it would run Knoppix or SuperWinPE using a thumbdrive for storage. I think the $100 PC is a bit aggresive, but $200 looks doable.
Here is my argument. The price performance ratio on hardware gets smaller every year. That means you continue to pay less and less for more.
The problem is that O/S companies like Microsoft don't deliver the same. I can't own software. I can't transfer software. Software is 30% of price after all.
Does this mean
MS's caller-id is dead? It seems as if Google is going to set the defacto standard. We should all jump on board as soon as sendmail support DomainKeys.
How can this be touted as superior to the Hubble? With the Hubble we can take multiple day exposures and see extremely faint objects.
Sure the AZ telescope may be sharper, but can it peer as far back into the universe as Hubble is able to do? It would seem to me that faint emissions would be impossible to detect through the Earth's atmosphere with AO, but of course, I could be wrong.
The labels have been squeezing artists down to a puny 65 cents per CD or less and now Walmart is squeezing the record labels. I love it! There is justice in the world occasionally. Since the artists cut is already so low the labels will have to absorb this.
I predict people will definately buy more CD's if they are $10 or less. Also, since the CD's will be so cheap, the labels probably won't be able to afford to license copy protection for the CD's. Note to self, sell stock in companies that license CD protection technologies.
The race to the bottom has begun and now the slick record label exec's in their $3000 suits are about to feel the pain. However, the exec's shouldn't worry too much if they should lose their job, George W. Bush is creating jobs that pay $5/hr. or less every day:)
Hmmmm... let's see, what do the majority of terrorists have in common?
Males under 40
Middle Eastern Descent
Believes Allah=God, Religious Book=Qu'ran
Wife wears headscarf
Daughters hate headscarf
Attends Mosque (occasionally if in US)
May be here on a student VISA
Likes to blow stuff up
Likes to take airplane lessons but not learn how to land
Likes to drink beer.
Likes to goto strip clubs.
Has Sadaam Hussein, Favorite Radical Cleric, or Osama Keychain.
Usually sends family back home before committing suicide
Usually gets decent payout from terrorist organization for his family before committing suicide
Buys box cutters
Rents housing
Pays cash for purchases
Doesn't file income taxes
Do we need a database to figure this stuff out? I think the Four horsemen of the apocalypse just want a database so it can be abused. Just wait until the IRS gets it's hooks into it or vice versa. Just wait until it gets hacked and information gets leaked. We all know how good Congress is at securing (sic) their top secret campaign strategies.
This is a waste of money that will lead to massive abuse, false positives, and turn the government (literally) into Big Brother. It's 1984 about 20 years late.
To extend the system to its logical conclusion: cameras and RFID sensors will be installed everywhere then everyone will be injected with RFID tags. This will allow anyone to be found instantly (or at least the last known location) for their own safety of course. This would be a great plot line for those whacko's that made the "Left Behind" series. I wonder if they could get Mr. T to say, "Don't even think of implanting that thing in me fool!"
Actually, I am not too worried since this project will be farmed out to a loser company packed with overpaid consultants that can never pull all the data together. After investing 20 trillion dollars the project will be scrapped only after hundreds of innocent 80 year old ladies have had their doors kicked in by the Department of Homeland security and been hauled off to secret FBI detention centers (accidentally of course). Oh the fun that awaits the American citizen after this system gets funding approved.
Those who are willing to sacrifice sound quality for harddrive space deserve neither.
I am not doubting that MS Press writes quality books. My point is that few people read the books and I see you agree.
I have found some of the MS Press books to be a little sophmoric in their use of language. The Windows Shell Scripting book was the last one I leafed through and I recall words like "cool" and (I think) "dude". I haven't looked at Writing Secure Code, but if it will help make the world a more secure place, I am for it.
Doesn't Microsoft own a publishing company called,
"Microsoft Press"? MS seems to be able to produce large books (hat usually sit in shrinkwrap boxes and are typically found in the Windows administrator's cube. Maybe MS could take a small break from printing books nobody reads to printing books required as part an important anti-trust settlement.
They should be thankful that I am not the judge in this case. When a company has a technical publishing department and can't provide timely techical documentation then that is CONTEMPT!
That's what THEY want YOU to believe. The hackers have just figured out it's more profitable to exploit security holes for "protection money" than it is to write virii that cripple the Internet. I am sure the IIS has plenty of holes.
I disagree... Apple has done something unique. They have gotten people in the habit of "paying" for music with the iTunes and iPod.
Just this week Balmer of Microsoft was trying to scare the record industry with FUD surround iPods and how iPods were jam packed with STOLEN MP3's, never mind the iTune sales. So, according to Balmer logic, if the RIAA/Music companies dumped Apple the iPod would be full of 100% stolen MP3's since there would be no place to get legal music anymore.
Note: The act of ripping a CD you own, converting a CD to MP3 tracks and loading it on your iPOD is NOT LEGAL according the RIAA and Microsoft. Many websites say it's legal, but this has never been tested in court. (This idea originated from fair-use and making backup copies.)
To cut Apple off would be a mistake, since Apple is the only ones making significant progress with online music sales. They have end-to-end control (Web to iTunes to iPod) and they have the best portable MP3 player. Apple has nothing to lose. In your worst case, the record companies walked away from Apple...... I am sure a flood of new artists both independent and Indie labels would quickly fill the void. Sometimes the best thing that can happen to a person or company is to get fired.
Either way, I could care less. The RIAA and record companies need to find a new business model or die. Most of the content they are pushing is total crap anyway and I presonally prefer non-mainstream music. If you want a list of some of my favorites, let me know:)
Cheny is getting his ass kicked. Mr. non-bid contract Haliburton boy is going down in FLAMES!!!! Mr. let's go get'em because the Prez is from Texas. Mr. let's blow cash and run up the debt.
I am not sure the country could survive another 4 years of Bush/Cheney, but they certaintly deserve it!
I know that BMW motorcycles have rev-limiters which will turn off the engine if you over-rev it. A friend on mine was trying to keep up with a sportbike (Ninja) on his BMW and pulled into oncoming traffic to pass a car when his engine suddenly shutdown due to the BMW rev-limiter feature. He about shit his pants and nearly became a hood ornament.
This just goes to show that technology that thinks for you might make a decision that you don't necessarily agree with and get you killed. However, this is german engineering and they probably value their perfectly balanced BMW engine over that of human life:)
The fact that they'll cut their costs by only having to write IE specific code is just a bonus.
That assumes that banks and other financial institutions are ready to move to IIS based web servers. Everyone running IIS has been burned multiple times already by worms. Connecting anything running a Windows service directly to the Internet has been found to be hazardous to the servers health. Until MS can run worm free for a couple of years, I doubt banks/financial sites will migrate away from Apache. However, I could be wrong... All I know is that I value my sleep (pager not going off = more sleep ) and I wouldn't switch server architectures just to make the webmonkeys happy. There are still some rough spots with CSS, but overall the world of web developlment seems to be converging. The fact the IE is remaining stagnant is helping standards stabilize as well.
I have been doing some guest teaching at a local high school and when the kids found at that I ran Firefox and Mozilla my credibility quadrupled. As long as Google, GMAIL, E*Trade, and EBAY work with Mozilla I'm good.
On the other side of the age spectrum, Firefox is the ultimate geriatric browser since old-folks who will click on nearly anything that moves can do the least amount of damage to their PC's.
However, I wouldn't count IE out just yet. People will be flocking back in droves when the new Palladium/DRM IE arrives. It will keep users safe from any copyright infringement while installing even more spyware.
OK... I could cite Disney World, Trump Towers/TajMahal, Cedar Point but I think the Extreme Super Big Gulp is uniquely American. Just looking at it on the web doesn't do it justice. It's literally as big as your head and 4x the size of your bladder.
If you doubt me, I would be willing to ship one to you so you can judge for yourself. I keep on on my bookshelf as a reminder to think big. I just don't think that any other country can dream as big as the USA. I guess it's not really fair to judge, since the USA is really just a collection of dreamers from all over the world.
When you can't win on facts, win on personal attacks. It's nice to see that Ballmer is starting to resort to this, that means he is losing.
Most CEO's, VP's and Directors have iPODS with the JBL creature speakers. Apple is getting a lot of visibility as an innovator at high levels and more opportunities and partnerships are flowing their way. This is scaring the hell out of Ballmer who desperately needs this piece of the action to grow or at least sustain earnings.
I own an iPOD and it's the best game in town for MP3's and portable file storage. Ballmer knows it and his only chance is to discredit Apple as a promoter of piracy. Apparently Ballmer hasn't learned the same lessons that IBM learned with microchannel architecture and that Sony learned with it's memory stick and proprietary audio format. I hope Ballmer keeps going full steam ahead and obliviously sails on, right into the iceberg. Go Steve GO! You're right, everyone who doesn't agree with you is wrong. Show the world that you are right!
Thank you Google for showing us that one in a million company where stock options actually pay off ! Google and it's employees have achieved the American dream and should be proud. America is still the greatest country in the world. You can roll the dice, start a company, and sometimes even be successful. On the flip side, if you fail, America is still the land of opportunity. You can always start over.
America is still the land of hope and promise, even though our leaders are trying to crush the hopes and dreams of the American spirit with FEAR, UNCERTAINTY, and DOUBT! Thanks again GOOGLE, you are a bright ray of light peeking through the gloom.
An EULA is an enforcable contract as long as it is not too "one-sided" or "unconscionable"
You don't own software even when you pay money for it
The DMCA allows reverse engineering for the purposes of interoperatbility, but since they didn't write a client then this does not apply
You are allowed to waive your rights guaranteed by law if you click on a EULA
Different states have different extensions to contract law
I would like to ask this court this questions:
1. What if the Jung did NOT admit to clicking or reading the EULA? Would it still be valid? What if a third party installed the software?
2. If the Blizzard EULA is not one-sided, what constitutes a one-sided contract?
3. How can people sell used Blizzard games on EBAY without the permission of Blizzard? Why isn't Blizzard enforcing their "contract rights"? After all, in order to transfer a Blizzard software license, one must get permission from Blizzard, thus sayeth the EULA.
4. What if Jung had started working on a new client? Would that have passed the Interoperatbility test and allowed him to continue development of a alternate bnet server?
While Blizzard does show injury in the fact that people could use the Jung's bnet server without having a legal key, I think this ruling is extremely one sided.
As a fellow semantic/syntax/English language Nazi, I would like to point out that the word "amongst" has been deprecated and is considered archaic. In the modern times it is more appropriate to use, "among" instead.
Slashdot Mirror
What the heck are you talking about?
"So it's a given that the music is already on your computer."
What if my harddrive crashes? What if I accidentally delete my music? What if a virus accidentally deletes it? Oh, then I guess I have to go throught hassle of getting the original CD out of storage, re-ripping the MP3, and then playing the iTunes game. Very convenient (sic). You must have tons of extra time.
Worse yet, in iTunes if you don't do a "Consolidate Library" then your music might be all over your harddrive or network shares or wherever. In my iTunes right now I have tunes with exclamation points next to them indicating that I accidentally deleted them off the harddrive before doing a library consolidation.
So you sir are WRONG and the premise for your argument is flawed. iTunes should work better and help me keep things better organized than it currently does. Because of iTunes and my own stupidity, I have already lost music. Luckily, there are tools like ephPod2 to help me recover without going through the hassle of re-ripping everything over. Additionally, if my harddrive crashed and I had to re-rip my whole collection I wouldn't be happy about it. Maybe I could mail all my CD's to you and you could spend a weekend putting it all back together for me.
So there is your legitimate reason.
The site was extremely slow and when it finally appeared I got this message:
:) However, I guess it's better that waiting until the night before the election or not testing at all.
Could not connect : Can't connect to local MySQL server through socket '/var/lib/mysql/mysql.sock' (11)
Nothing like waiting until a week before the election to test
You need RAM too! However, with just with the CD-ROM it would run Knoppix or SuperWinPE using a thumbdrive for storage. I think the $100 PC is a bit aggresive, but $200 looks doable.
Here is my argument. The price performance ratio on hardware gets smaller every year. That means you continue to pay less and less for more.
The problem is that O/S companies like Microsoft don't deliver the same. I can't own software. I can't transfer software. Software is 30% of price after all.
Does this mean MS's caller-id is dead? It seems as if Google is going to set the defacto standard. We should all jump on board as soon as sendmail support DomainKeys.
How can this be touted as superior to the Hubble? With the Hubble we can take multiple day exposures and see extremely faint objects.
Sure the AZ telescope may be sharper, but can it peer as far back into the universe as Hubble is able to do? It would seem to me that faint emissions would be impossible to detect through the Earth's atmosphere with AO, but of course, I could be wrong.
Let's count the marks of the beast from recent history..
Computer Punchcards
Social Security Numbers
Phone Numbers
Drivers License Numbers
UPC Codes
VISA Card Numbers
IPV6 Addressess
and now.... RFID's....
Every 20-30 years there is a new mark of the beast. Personally, after some study, I think Revelation has nothing to do with the United States.
There are a long list of potential anti-christ's too dating all the way back to the Roman empire.
The labels have been squeezing artists down to a puny 65 cents per CD or less and now Walmart is squeezing the record labels. I love it! There is justice in the world occasionally. Since the artists cut is already so low the labels will have to absorb this.
:)
I predict people will definately buy more CD's if they are $10 or less. Also, since the CD's will be so cheap, the labels probably won't be able to afford to license copy protection for the CD's. Note to self, sell stock in companies that license CD protection technologies.
The race to the bottom has begun and now the slick record label exec's in their $3000 suits are about to feel the pain. However, the exec's shouldn't worry too much if they should lose their job, George W. Bush is creating jobs that pay $5/hr. or less every day
Welcome to the free-market monopoly!!!!
Do we need a database to figure this stuff out? I think the Four horsemen of the apocalypse just want a database so it can be abused. Just wait until the IRS gets it's hooks into it or vice versa. Just wait until it gets hacked and information gets leaked. We all know how good Congress is at securing (sic) their top secret campaign strategies.
This is a waste of money that will lead to massive abuse, false positives, and turn the government (literally) into Big Brother. It's 1984 about 20 years late.
To extend the system to its logical conclusion: cameras and RFID sensors will be installed everywhere then everyone will be injected with RFID tags. This will allow anyone to be found instantly (or at least the last known location) for their own safety of course. This would be a great plot line for those whacko's that made the "Left Behind" series. I wonder if they could get Mr. T to say, "Don't even think of implanting that thing in me fool!"
Actually, I am not too worried since this project will be farmed out to a loser company packed with overpaid consultants that can never pull all the data together. After investing 20 trillion dollars the project will be scrapped only after hundreds of innocent 80 year old ladies have had their doors kicked in by the Department of Homeland security and been hauled off to secret FBI detention centers (accidentally of course). Oh the fun that awaits the American citizen after this system gets funding approved.
Those who are willing to sacrifice sound quality for harddrive space deserve neither.
I am not doubting that MS Press writes quality books. My point is that few people read the books and I see you agree.
I have found some of the MS Press books to be a little sophmoric in their use of language. The Windows Shell Scripting book was the last one I leafed through and I recall words like "cool" and (I think) "dude". I haven't looked at Writing Secure Code, but if it will help make the world a more secure place, I am for it.
Sony... the guys who brought us very expensive DVD players that wouldn't read CD-R/DVD-R media.
Sony, the guys who brought us the Sony Memory Stick and Magic Gate copy protection aka "Slow and Lame."
Sony, the guys who just released the "iPOD Killer" that can't even play MP3's before converting them to Sony's proprietary format.
Sony, the guys who make TV's that enforce macrovision so strictly that they sometimes don't work with DVD players and legal DVDs.
Unless they've turned over a new leaf, this thing will be crippled. I quit buying Sony years ago because of their anti-consumer stance.
Doesn't Microsoft own a publishing company called, "Microsoft Press"? MS seems to be able to produce large books (hat usually sit in shrinkwrap boxes and are typically found in the Windows administrator's cube. Maybe MS could take a small break from printing books nobody reads to printing books required as part an important anti-trust settlement.
They should be thankful that I am not the judge in this case. When a company has a technical publishing department and can't provide timely techical documentation then that is CONTEMPT!
That's what THEY want YOU to believe. The hackers have just figured out it's more profitable to exploit security holes for "protection money" than it is to write virii that cripple the Internet. I am sure the IIS has plenty of holes.
In fact Microsoft's latest security hole requires IIS5 or IIS6.
I disagree... Apple has done something unique. They have gotten people in the habit of "paying" for music with the iTunes and iPod.
:)
Just this week Balmer of Microsoft was trying to scare the record industry with FUD surround iPods and how iPods were jam packed with STOLEN MP3's, never mind the iTune sales. So, according to Balmer logic, if the RIAA/Music companies dumped Apple the iPod would be full of 100% stolen MP3's since there would be no place to get legal music anymore.
Note: The act of ripping a CD you own, converting a CD to MP3 tracks and loading it on your iPOD is NOT LEGAL according the RIAA and Microsoft. Many websites say it's legal, but this has never been tested in court. (This idea originated from fair-use and making backup copies.)
To cut Apple off would be a mistake, since Apple is the only ones making significant progress with online music sales. They have end-to-end control (Web to iTunes to iPod) and they have the best portable MP3 player. Apple has nothing to lose. In your worst case, the record companies walked away from Apple...... I am sure a flood of new artists both independent and Indie labels would quickly fill the void. Sometimes the best thing that can happen to a person or company is to get fired.
Either way, I could care less. The RIAA and record companies need to find a new business model or die. Most of the content they are pushing is total crap anyway and I presonally prefer non-mainstream music. If you want a list of some of my favorites, let me know
One Intellivision system with ZERO cartridges....
Cheny is getting his ass kicked. Mr. non-bid contract Haliburton boy is going down in FLAMES!!!! Mr. let's go get'em because the Prez is from Texas. Mr. let's blow cash and run up the debt.
I am not sure the country could survive another 4 years of Bush/Cheney, but they certaintly deserve it!
I know that BMW motorcycles have rev-limiters which will turn off the engine if you over-rev it. A friend on mine was trying to keep up with a sportbike (Ninja) on his BMW and pulled into oncoming traffic to pass a car when his engine suddenly shutdown due to the BMW rev-limiter feature. He about shit his pants and nearly became a hood ornament.
:)
This just goes to show that technology that thinks for you might make a decision that you don't necessarily agree with and get you killed. However, this is german engineering and they probably value their perfectly balanced BMW engine over that of human life
The fact that they'll cut their costs by only having to write IE specific code is just a bonus.
That assumes that banks and other financial institutions are ready to move to IIS based web servers. Everyone running IIS has been burned multiple times already by worms. Connecting anything running a Windows service directly to the Internet has been found to be hazardous to the servers health. Until MS can run worm free for a couple of years, I doubt banks/financial sites will migrate away from Apache. However, I could be wrong... All I know is that I value my sleep (pager not going off = more sleep ) and I wouldn't switch server architectures just to make the webmonkeys happy. There are still some rough spots with CSS, but overall the world of web developlment seems to be converging. The fact the IE is remaining stagnant is helping standards stabilize as well.
I have been doing some guest teaching at a local high school and when the kids found at that I ran Firefox and Mozilla my credibility quadrupled. As long as Google, GMAIL, E*Trade, and EBAY work with Mozilla I'm good.
On the other side of the age spectrum, Firefox is the ultimate geriatric browser since old-folks who will click on nearly anything that moves can do the least amount of damage to their PC's.
However, I wouldn't count IE out just yet. People will be flocking back in droves when the new Palladium/DRM IE arrives. It will keep users safe from any copyright infringement while installing even more spyware.
OK... I could cite Disney World, Trump Towers/TajMahal, Cedar Point but I think the Extreme Super Big Gulp is uniquely American. Just looking at it on the web doesn't do it justice. It's literally as big as your head and 4x the size of your bladder.
If you doubt me, I would be willing to ship one to you so you can judge for yourself. I keep on on my bookshelf as a reminder to think big. I just don't think that any other country can dream as big as the USA. I guess it's not really fair to judge, since the USA is really just a collection of dreamers from all over the world.
When you can't win on facts, win on personal attacks. It's nice to see that Ballmer is starting to resort to this, that means he is losing.
Most CEO's, VP's and Directors have iPODS with the JBL creature speakers. Apple is getting a lot of visibility as an innovator at high levels and more opportunities and partnerships are flowing their way. This is scaring the hell out of Ballmer who desperately needs this piece of the action to grow or at least sustain earnings.
I own an iPOD and it's the best game in town for MP3's and portable file storage. Ballmer knows it and his only chance is to discredit Apple as a promoter of piracy. Apparently Ballmer hasn't learned the same lessons that IBM learned with microchannel architecture and that Sony learned with it's memory stick and proprietary audio format. I hope Ballmer keeps going full steam ahead and obliviously sails on, right into the iceberg. Go Steve GO! You're right, everyone who doesn't agree with you is wrong. Show the world that you are right!
I beg to differ... You can make money in other countries through hard work, but no other country dreams as big as America.
To give you a cultural artifact, I would like to introduce the 7-11 Extreme Super Big Gulp as evidence.
Thank you Google for showing us that one in a million company where stock options actually pay off ! Google and it's employees have achieved the American dream and should be proud. America is still the greatest country in the world. You can roll the dice, start a company, and sometimes even be successful. On the flip side, if you fail, America is still the land of opportunity. You can always start over.
America is still the land of hope and promise, even though our leaders are trying to crush the hopes and dreams of the American spirit with FEAR, UNCERTAINTY, and DOUBT! Thanks again GOOGLE, you are a bright ray of light peeking through the gloom.
Here is what we've learned:
- An EULA is an enforcable contract as long as it is not too "one-sided" or "unconscionable"
- You don't own software even when you pay money for it
- The DMCA allows reverse engineering for the purposes of interoperatbility, but since they didn't write a client then this does not apply
- You are allowed to waive your rights guaranteed by law if you click on a EULA
- Different states have different extensions to contract law
I would like to ask this court this questions:1. What if the Jung did NOT admit to clicking or reading the EULA? Would it still be valid? What if a third party installed the software?
2. If the Blizzard EULA is not one-sided, what constitutes a one-sided contract?
3. How can people sell used Blizzard games on EBAY without the permission of Blizzard? Why isn't Blizzard enforcing their "contract rights"? After all, in order to transfer a Blizzard software license, one must get permission from Blizzard, thus sayeth the EULA.
4. What if Jung had started working on a new client? Would that have passed the Interoperatbility test and allowed him to continue development of a alternate bnet server?
While Blizzard does show injury in the fact that people could use the Jung's bnet server without having a legal key, I think this ruling is extremely one sided.
Clickwrap should NOT enforcable contract law!
As a fellow semantic/syntax/English language Nazi, I would like to point out that the word "amongst" has been deprecated and is considered archaic. In the modern times it is more appropriate to use, "among" instead.