Fair use? Why would that enter into it? It would definitely be a dirivative work, since they started from the kernel code, and then derived their version from it.
Since they're only using a piece of the kernel code, it's not as clear a case. If they had taken the whole kernel and modified it, then it would be a much stronger case. I'm not saying that what they did WAS fair use, but it would be very helpful to have a court decision on record clearing things up.
If they used the code exactly as it appears in the Linux source, then it's a pretty clear-cut case. If they made any substantial modifications, there's a big grey area between "derivitive work" and "fair use" that could be clarified by a test case.
Microsoft is a molopolist, it used or attempted to use its molopoly in operating systems to gain additional monopolies and destroy competitors. Redhat didn't.
Not yet at least... Wait until they're the only commercial Linux distribution left.
If they erase the files, at least you know they've been erased. How do you know if somebody is just "looking at your files"? You have to go back through and make sure nothing was changed, and that he didn't add any back doors on or anything. Or are you just supposed to take his word that nothing was modified?
Had they sold their product commercially, along with the source code in accordance with the GPL, they would have had more paying customers. In this case, distributing the source code would allow hackers more room to tinker, but the binary cd and installation still would be infinately more useful (and necessary).
Since they're distributing under the GPL, they can't put any restrictions on what can and can't be redistributed. The GPL says that the source code must be available along with binaries, but it also says that anybody can make the binaries available for free as well. If they want to restrict access to binary versions, they would have to release under something other than the GPL. Given the fuzzy distinction between "aggregating" and "combining" software for distribution, this might be tricky to pull off without risking legal problems.
That article refers to a ruling on Microsoft's request for a preliminary injunction. The case is still in court. This more recent article says that a ruling could come "any day now".
If someone gives you a contract in.001 font size, no it is not illegal. It is up to you to say "I won't sign this, and I won't use your product."
I used to work in the automotive finance industry, and in many states you have to print contracts in a legible font and size. Anything that is smaller than a certain point size will render the contract invalid in court. California is even more strict - they require lenders to put all sorts of disclosures on contracts. They also specify font sizes, etc. The company that I worked for was not in the business of trying to deceive customers, so this really wasn't an issue for us, but I imagine it could create some real problems for some of the shadier lenders out there.
Ok here is what is going to happen. Judge finds Kazza guilty. Judge can only dictate on terms for California. Kazza adds clause that only non-Californian's can use this service.
If a judge finds them guilty, then changing the license agreement isn't going to do anything - they have already broken the law.
Pardon the ignorance, but what exactly is/are the differences between C# and C++ ? Is C# meant to replace C++?
Just think of it as MSJava without the trademark infringement. C# is actually more of a threat to replace VB than C++, since C# and VB are both run completely inside the.NET runtime and have just about the same features. C++ is still the language of choice for lower-level programming such as system utilities and device drivers. C++ offers a lot more flexibility to the programmer at the expense of additional complexity.
Re:Real's business model.
on
Real DRM
·
· Score: 4, Informative
You forgot:
3a. Sue people who complain that your software stealthily collects data from your computer
3b. Sue people who create software that lets you convert RealMedia files to standard formats like mp3
3c. Whine to the Justice Department about Microsoft
Does anyone else have the feeling that Real has really gone downhill over the years?
From what I've seen of their software, it hasn't gone downhill at all - it has always sucked. At least they don't verify that the email address that they make you fill in is real.:)
I have the same reaction when I hear FileNET as well, but more with regards to their document imaging system. Their Content Management product is actually much better from an administration and training standpoint. The cost is still somewhat oppressive.
Another benefit the system provided was the ability to limit the choices users had when saving documents. You could create "required" fields in the meta-data, and could also make fields into drop-downs based either on a static list built into the index or on a query against a database table. For specialized applications, this makes remembering the critera a non-issue. I've never heard of a company using a system like this for general-purpose file storage, probably because hierarchical systems are working just fine.
But the National Security Agency refused to budge from a requirement that any foreigners working on a planned project at MIT's Artificial Intelligence Laboratory be screened by the government in advance
They didn't want to restrict anybody from working on anything - they just wanted to run backround checks on non-citizens working on the projects. Is that really such a big deal??
This looks a lot like something I've used in the past - FileNET Content Management Services. FileNET lets you create meta-data for each document you save, as well as a complete version history and check-in/check-out for each document if you want to. It also allows for hierarchical storage of files as well as using the meta-data so you can still categorize things by folder if you want, but still query documents by any of the indexes that you have built. It will even add a full-text search across everything in the library if you want, and it has no problems indexing most standard formats including Word and PDF files.
Fair use? Why would that enter into it? It would definitely be a dirivative work, since they started from the kernel code, and then derived their version from it.
Since they're only using a piece of the kernel code, it's not as clear a case. If they had taken the whole kernel and modified it, then it would be a much stronger case. I'm not saying that what they did WAS fair use, but it would be very helpful to have a court decision on record clearing things up.
If they used the code exactly as it appears in the Linux source, then it's a pretty clear-cut case. If they made any substantial modifications, there's a big grey area between "derivitive work" and "fair use" that could be clarified by a test case.
Microsoft is a molopolist, it used or attempted to use its molopoly in operating systems to gain additional monopolies and destroy competitors. Redhat didn't.
Not yet at least... Wait until they're the only commercial Linux distribution left.
Yeah, wait now -- who's hiring again?
A lot of people, if you're an experienced systems administrator who's willing to work for $30,000 a year...
If they erase the files, at least you know they've been erased. How do you know if somebody is just "looking at your files"? You have to go back through and make sure nothing was changed, and that he didn't add any back doors on or anything. Or are you just supposed to take his word that nothing was modified?
Never understood why the microdrive didn't completely take over PDAs and recording devices of different varieties
Battery drain would be my guess....
Just a million lines of code in a single program would have been inconcievable to someone just 10-15 years ago.
From what I've seen of the Cobol systems my company used to run, anything LESS than a million lines was unheard of...
... needed in order to record shows off of HBO, HBO2, HBOMovie, and HBO Brasil all at the same time
Considering the number of times HBO reruns things, you could probably get every show with only one recorder...
(32k+ games apparently) available over broadband
That's nothing! My old Apple IIe could play 64k games!
Had they sold their product commercially, along with the source code in accordance with the GPL, they would have had more paying customers. In this case, distributing the source code would allow hackers more room to tinker, but the binary cd and installation still would be infinately more useful (and necessary).
Since they're distributing under the GPL, they can't put any restrictions on what can and can't be redistributed. The GPL says that the source code must be available along with binaries, but it also says that anybody can make the binaries available for free as well. If they want to restrict access to binary versions, they would have to release under something other than the GPL. Given the fuzzy distinction between "aggregating" and "combining" software for distribution, this might be tricky to pull off without risking legal problems.
They already won the name fight. [techtv.com]
That article refers to a ruling on Microsoft's request for a preliminary injunction. The case is still in court. This more recent article says that a ruling could come "any day now".
the best course of action for Mandrake Linux would be a community or non-profit takeover of the Mandrake distribution
It sounds like they're already being run by a non-profit organization...
Can you imagine trying to implement Lisp on .Net?
.NET (and the JVM)... Lisp isn't much different.
These guys did a Scheme compiler for
If someone gives you a contract in .001 font size, no it is not illegal. It is up to you to say "I won't sign this, and I won't use your product."
I used to work in the automotive finance industry, and in many states you have to print contracts in a legible font and size. Anything that is smaller than a certain point size will render the contract invalid in court. California is even more strict - they require lenders to put all sorts of disclosures on contracts. They also specify font sizes, etc. The company that I worked for was not in the business of trying to deceive customers, so this really wasn't an issue for us, but I imagine it could create some real problems for some of the shadier lenders out there.
DNS info is cached and times out in about a week, so if you had updated just before the attack, you wouldnt notice for a week.
Doesn't that assume that you're only visiting sites that are already cached on your DNS server?
Ok here is what is going to happen. Judge finds Kazza guilty. Judge can only dictate on terms for California. Kazza adds clause that only non-Californian's can use this service.
If a judge finds them guilty, then changing the license agreement isn't going to do anything - they have already broken the law.
Pardon the ignorance, but what exactly is/are the differences between C# and C++ ? Is C# meant to replace C++?
.NET runtime and have just about the same features. C++ is still the language of choice for lower-level programming such as system utilities and device drivers. C++ offers a lot more flexibility to the programmer at the expense of additional complexity.
Just think of it as MSJava without the trademark infringement. C# is actually more of a threat to replace VB than C++, since C# and VB are both run completely inside the
You forgot:
3a. Sue people who complain that your software stealthily collects data from your computer
3b. Sue people who create software that lets you convert RealMedia files to standard formats like mp3
3c. Whine to the Justice Department about Microsoft
Does anyone else have the feeling that Real has really gone downhill over the years?
:)
From what I've seen of their software, it hasn't gone downhill at all - it has always sucked. At least they don't verify that the email address that they make you fill in is real.
I think "low profile" is the key here... Winegard's dishes are anything but.
! note: all the specification subject should be changed without prior notice !
Also note, somebody set us up the power supply!
That's about as fair and balanced an article as I've ever seen from the open source camp, so thanks for posting...
I have the same reaction when I hear FileNET as well, but more with regards to their document imaging system. Their Content Management product is actually much better from an administration and training standpoint. The cost is still somewhat oppressive.
Another benefit the system provided was the ability to limit the choices users had when saving documents. You could create "required" fields in the meta-data, and could also make fields into drop-downs based either on a static list built into the index or on a query against a database table. For specialized applications, this makes remembering the critera a non-issue. I've never heard of a company using a system like this for general-purpose file storage, probably because hierarchical systems are working just fine.
But the National Security Agency refused to budge from a requirement that any foreigners working on a planned project at MIT's Artificial Intelligence Laboratory be screened by the government in advance
They didn't want to restrict anybody from working on anything - they just wanted to run backround checks on non-citizens working on the projects. Is that really such a big deal??
This looks a lot like something I've used in the past - FileNET Content Management Services. FileNET lets you create meta-data for each document you save, as well as a complete version history and check-in/check-out for each document if you want to. It also allows for hierarchical storage of files as well as using the meta-data so you can still categorize things by folder if you want, but still query documents by any of the indexes that you have built. It will even add a full-text search across everything in the library if you want, and it has no problems indexing most standard formats including Word and PDF files.