The argument is, music downloads fall under the 'licensed music' portion of the contract and not 'record sales'...Their label is not distributing the downloads, and certainly not on a physical medium
You bring up a fascinating point here. Would it be different if the label itself was selling the downloads, rather than licensing them to iTunes? I'll bet some lawyers would try to make that so.
RTFC (Read the fuckin' contract) and note your signature at the bottom, guys.
Ummm, did the contract specify Breakage applies to Digital Downloads? I doubt that. It will easily be argued that the clause obviously applied to physical phonorecordings, of which a digital download is not.
Truth is, this is a gray area, and the court is being called in to draw a Bright Line across it.
Seeing as how there is no physical packaging, nor physical inventory that might suffer breakage, one wonders how Sony will defend against these charges.
Same way as usual. Buy off a couple friendly legislators to define digital downloads as equivalent to physical media sales.
Or even worse, get an aide to change an existing bill to under the guise of correcting punctuation errors (Yes, this has been done before!) to accomplish this.
This was published just under 11 months ago. Has anything significant changed with Microsoft yet? Not that I've noticed. Vista still hasn't shipped. Apple hasn't gained anything significant in market-share, and is shrinking by some estimates. Dell still sells the most name brand PC's. The Sun rises in the east, and sets in the west. And Microsoft has billions of profits each quarter.
The upshot? When someone predicts what's going to be happening soon in immutable print, when I look back after a year I'd like to see that some of it has really and significantly happened. Until then, I don't take these predictions very seriously, since they always seem to assume that the world won't change significantly, and Microsoft won't alter their behavior -- neither of which can be relied on.
Even in an all stock transaction, existing Apple shareholders would pay for the transaction, as the value of their shares would be heavily diluted (new shares would be issued, making each existing share worth less).
Their shares aren't diluted if, while they hold the same number of shares, there are more shares total now in a larger and more valuable company. They own less, true, but of a proportionately more valuable entity (Apple + Adobe) overall. That should be a wash, unless Apple overpays for Adobe, in which case Apple management should be tossed out of the airplane with an anvil instead of a parachute.
And you've read Steve Job's mind on this. That he'd rather have tiny market share than be the biggest PC retailer (remember Apple is a hardware vendor) in the world. Yeah, that's the Steve we know -- thinking small as usual.
cost Apple nothing," eh? Last I checked, Adobe's market cap was $23.65 billion. Apple's is not quite $60 billion.
If Adobe stock were converted to new Apple shares that properly reflect the increased value of Apple + Adobe, it would cost them the amount of printing the new certificates and mailing them, which is essentially nothing. That assumes a friendly takeover/merger.
So which is it that gets so many Cringley (and Dovorak) columns posted here when everyone smart enough to point, click, and bookmark can locate the originals:
1: That nobody reads Cringley until he's posted to Slashdot?
2: Everyone reads Cringley, and just wants a forum to spout off about it afterwards?
How about a tax on Democrats who don't think there are enough taxes? Maybe we could tax them out of existence.
And it's not even a tax on the kids, but on their parents. Just another school tax being described as something other than it really is (i.e. I'm taxing kids who buy video games to pay for their schools.)
Or we could tax stupidity. That would put the Democrats out of business before the Republicans -- but not by much!
CEO Otellini admitted Intel has fallen behind AMD with lost market share, technological leadership, and recently profitability.
And how does this admission make Apple feel? They've hung their star on Intel being the best out there. Just a wild guess, but Steve Jobs is probably not commenting on this revelation right now.
So you're saying it's my thoughts. Then every male under 28 has password 'Jessica Simpson', and everyone over it has 'Raquel Welch'. And this improves security how?
The FAA executed a major systems migration to Red Hat Enterprise Linux in one-third of the original scheduled time and with 30 percent more operational efficiency than the previous system."
Could have migraged to Knoppix even quicker. I mean, after all, how long does it take to drop in a $0.30 boot CD? And you have a dual-boot system after that, plus a kernal that clears away root-kits on every restart.
1..NET still had not been released for general consumption
2. noone in our IT knew of this stunning success effort
3. our "integrated" systems weren't
The real question here, at least to me: Was Microsoft ever punished by your company for running this false ad?
Or did Microsoft pay for the privilege by giving you discounted software or something else of value. Something else, besides a nice lunch for the VP of MIS, I mean.
We need more of these types of success stories about using Linux. Especially when governments are involved. I do wonder two things:
1: How hard did Microsoft fight to try and keep the FAA in the fold?
2: How hard did Microsoft fight to try and suppress or diminish the results of their switch?
I suspect a lot in both cases, which makes all this even more surprising. All things considered, Microsoft needs some real competition. Once they get it, all the rest of us will benefit.
You're being screwed - By Your Government! They enforce these rules, so put the blame where it's due.
And you will continue to be screwed until you change your government to be more consumer friendly. And that's also putting the blame where it's due - On The Voters!
Each sensor captures its own small image, but software stitches these together to create a single, larger picture.
And that explains the need for a Core Duo[tm] processor at minimum. One core to write to the screen, and the other to read from the screen and assemble the image. Putting thousands of pieces together properly will not be a minor task.
Slashdot Mirror
Oh, that's thrilling.
[/SARCASM]
How about the Breakage your root-kit did to my computer?
You bring up a fascinating point here. Would it be different if the label itself was selling the downloads, rather than licensing them to iTunes? I'll bet some lawyers would try to make that so.
Ummm, did the contract specify Breakage applies to Digital Downloads? I doubt that. It will easily be argued that the clause obviously applied to physical phonorecordings, of which a digital download is not.
Truth is, this is a gray area, and the court is being called in to draw a Bright Line across it.
Seconded.
Shall we call for the vote now, or is there some discussion first?
Same way as usual. Buy off a couple friendly legislators to define digital downloads as equivalent to physical media sales.
Or even worse, get an aide to change an existing bill to under the guise of correcting punctuation errors (Yes, this has been done before!) to accomplish this.
If it's Sony, they'll probably be paid off in Root-Kitted CD's.
Mar 30th 2006 | REDMOND
This was published just under 11 months ago. Has anything significant changed with Microsoft yet? Not that I've noticed. Vista still hasn't shipped. Apple hasn't gained anything significant in market-share, and is shrinking by some estimates. Dell still sells the most name brand PC's. The Sun rises in the east, and sets in the west. And Microsoft has billions of profits each quarter.
The upshot? When someone predicts what's going to be happening soon in immutable print, when I look back after a year I'd like to see that some of it has really and significantly happened. Until then, I don't take these predictions very seriously, since they always seem to assume that the world won't change significantly, and Microsoft won't alter their behavior -- neither of which can be relied on.
Or just buy them outright!
Their shares aren't diluted if, while they hold the same number of shares, there are more shares total now in a larger and more valuable company. They own less, true, but of a proportionately more valuable entity (Apple + Adobe) overall. That should be a wash, unless Apple overpays for Adobe, in which case Apple management should be tossed out of the airplane with an anvil instead of a parachute.
And you've read Steve Job's mind on this. That he'd rather have tiny market share than be the biggest PC retailer (remember Apple is a hardware vendor) in the world. Yeah, that's the Steve we know -- thinking small as usual.
If Adobe stock were converted to new Apple shares that properly reflect the increased value of Apple + Adobe, it would cost them the amount of printing the new certificates and mailing them, which is essentially nothing. That assumes a friendly takeover/merger.
1: That nobody reads Cringley until he's posted to Slashdot?
2: Everyone reads Cringley, and just wants a forum to spout off about it afterwards?
So where's my automatic anti-bloatware remover?
Okay, where's my AMD X2 Processor? .
.
.
.
I'm waiting...
Shouldn't be which group has the most voters? And I mean in the country, not in Congress.
with companies such as Google, Yahoo, Microsoft, and many others competing against the well funded Telecommunications lobbysts.
Ah, yes. Your monopoly profits at work -- ON BOTH SIDES!
How about a tax on Democrats who don't think there are enough taxes? Maybe we could tax them out of existence.
And it's not even a tax on the kids, but on their parents. Just another school tax being described as something other than it really is (i.e. I'm taxing kids who buy video games to pay for their schools.)
Or we could tax stupidity. That would put the Democrats out of business before the Republicans -- but not by much!
And how does this admission make Apple feel? They've hung their star on Intel being the best out there. Just a wild guess, but Steve Jobs is probably not commenting on this revelation right now.
So you're saying it's my thoughts. Then every male under 28 has password 'Jessica Simpson', and everyone over it has 'Raquel Welch'. And this improves security how?
Could have migraged to Knoppix even quicker. I mean, after all, how long does it take to drop in a $0.30 boot CD? And you have a dual-boot system after that, plus a kernal that clears away root-kits on every restart.
2. noone in our IT knew of this stunning success effort
3. our "integrated" systems weren't
The real question here, at least to me: Was Microsoft ever punished by your company for running this false ad?
Or did Microsoft pay for the privilege by giving you discounted software or something else of value. Something else, besides a nice lunch for the VP of MIS, I mean.
1: How hard did Microsoft fight to try and keep the FAA in the fold?
2: How hard did Microsoft fight to try and suppress or diminish the results of their switch?
I suspect a lot in both cases, which makes all this even more surprising. All things considered, Microsoft needs some real competition. Once they get it, all the rest of us will benefit.
And you will continue to be screwed until you change your government to be more consumer friendly. And that's also putting the blame where it's due - On The Voters!
Essential Plot Element: Someone in each episode saying: This is a Really Bad Idea!
And that explains the need for a Core Duo[tm] processor at minimum. One core to write to the screen, and the other to read from the screen and assemble the image. Putting thousands of pieces together properly will not be a minor task.