Not necessarily. The minute they try to sell something, it takes away the exemption for charities. Suppose that Christian Children's Fund calls you. If they ask for nothing more than a donation, it's a charitable call. If they then turn around and offer you a CCF logo credit card from Citibank, it becomes a sales call and is subject to the DNC law, just as if they called expressly for that purpose. I just love the way/.'ers jump to conclusions.
Big Burly voice: I (insert degrading sexual act) for crack! People don't (insert degrading sexual act) for coffee! Did you ever (insert degrading sexual act) for caffeine?
/obligatory "Half-Baked" reference //FARKer in disguise
"At least if people have an outlet, maybe they won't post so many hidden goatse links. [www.goat.cx]:)
Aren't you glad that you set your/. prefs to reveal the doamin for every link?
MP3.com used to have such a service before it went under. It only worked for CD's, where the discs have encoded bar-code-type info branded into the disc. It would make a good use for a:Cat. It could send the bar code of your CD you purchased long ago and far away, then give you the MP3's online. As for vinyl, 8-track, some cassettes, I would assume an in-person converting service would be the most feasible. I remember when you could go to a video store to convert your old 8mm film to VHS.
Of course, this is nothing new. Anytime you communicate in *any* form, you do so at your own risk, be it electronic, written, or otherwise. Land lines and cell phones are subject to tapping and recording. We all know already that IM and email are every bit as good at protecting your privacy as a postcard. Even when you talk to someone face to face, someone nearby or even the person you're talking to is likely to rat you out.
If you don't like the risks as presented in the TOS, avoid it. Simple enough, right? Maybe that will teach you to RTFTOS and not zip past it before you click SUBMIT. How many times must that be stated?!?!?!
Someone else mentioned that the site is run by Germans. Here's the <a href ="http://www.swhois.com/cgi-bin/swhois.cgi?templa<nobr>t<wbr></wbr></nobr> e=default&lang=en&login=no&MARKET_AREA=&whois=kcc<nobr>k<wbr></wbr></nobr> p.net"> whois info</a>.
It is an EULA nonetheless. By using the the materials (program, source code, documentation, etc.), you are agreeing to the restrictions imposed and the rights granted. Show me a definition of the EULA that says it CANNOT grant rights and privileges. In the same manner, Creative Commons is of sorts, a customizable EULA.
Similarly, you do not own the copyright of that GPL program that you downloaded (and its attendant source code). However, in the case of the GPL you have a license (the GPL) that allows you to redistribute the program (and even charge for it) as long as you distribute the corresponding source code with modifications. That is the quid pro quo: the GPL has granted you rights you did not have under copyright, and in return has asked you to make your contributions available.
If this does not sound like an EULA, I don't know what does. Just like any other EULA, rights are granted under certain conditions. Feel free to mod me down to (-1, Troll) if you like, because I know the/. crowd so hates to think that some of their practices are shared in common with *gasp!*big businesses.
Most certainly check that bill. If you were in fact billed for receiving the message, then push it under the existing junk-fax laws. But, if it was not billed, I don't know of any law to suit your needs there. Either way, I would switch providers anyway because of not being allowed to opt-out.
<li>Chinese Food - why do take out when you can go to a buffet? <li>Bars - beer, pool, darts, karaoke, <a href="http://www.ntn.com">NTN trivia</a>, beer, what more can you ask for? <li>Work - it sucks, but it's so you can fund your Chinese food, beer, DSL, etc. <li>And most importantly.... you get to leave your spouse behind </ul>
I might sound like a troll, but the impression that I get is that Emusic would still be the cheapest way (still, not free) to get music. I can't think of anywhere else you can get an entire album for the $2-3 (USD) price range. I don't think I'd be downloading enough to pay $50/month, simply because I don't have the time to download 25 albums. However, that is still a damn good bargain compared to getting 3 CD's for the same price. Heck, I wouldn't mind having a deal to get the songs piecemeal for cheap if the quality was guaranteed.
I think it needs to be mandatory that those conducting phone calls for the purpose of commercial activity (solicited or otherwise) should be required to display their number and business/name on the recipient's caller ID. This means if you're calling someone to try to sell them a product, you can't call anonymously, either.
If you've read the FTC DNC site, you will find that CID blocking will no longer be allowed after Jan 31, 2004. Problem Solved!
Yes, there are loopholes in the TSR (Telemarketing Sales Rule) that allow everything but "cold calls" (read: You've never done business with them or asked anything of them before), which are very few and far between, like another poster noted, usually are newspapers.
I'll probably end up sounding like a (-1, Troll) when I say that those pranks (like pretending not to be yourself to end the call) are doing nothing but inviting more calls! Picking up and hanging right back up without a word and using the answering machine to screen calls only GUARANTEE you a call back. How do you stop that? Here's how I stopped getting telemarketing calls I don't want:
Just say: DO NOT CALL!!!
That's right. Don't dance around it. By signing up for the DNC registry, you've already stopped the "cold" calls and told them so.
Any legitimate telemarketing firm will stop calling upon being told to do so. Of course, those same telemarketers will tell you that "You will no longer recieve calls about special offers, promotions, etc, with that in mind would you still like to be placed on the DNC list?" Answer yes to that question and you're all set.
Of course, I do so selectively, I'll let them identify themselves before I tell them so on the off chance that there may be something I'd want, like a cheaper deal from Verizon about DSL simply because I trust that company.
Here's what I gathered would be the impact of the new telemarketing laws:
1. Every time the laws change, successful teleservices firms shift their focus. When cold calls (those not borne from an existing business relationship) became less profitable due to legislation, most firms switched to clients that wanted to call their own customers, such as local telco's. This exception is in the new TSR as well, btw. Besides that, those calls are also starting to lose profitability, so inbound sales are becoming more and more the focus of these firms as their clients focus on other forms of advertising.
2. The DNC list would certainly save the telemarketer as much hassle as it does the consumer on the DNC list. As a telemarketer myself, I get extremely annoyed when people dance around pretending they're not available when in reality, they just don't want to be called. In short, if you don't want to be called, JUST SAY SO!
3. This goes along with #2: Even though charities, political groups, and companies that have a business relationship do not have to use the Nat'l DNC list, they still have to honor your DNC request. Again, JUST SAY IT! Don't dance around it.
My experience as a telemarketer has taught me so much about it, that I honestly do not recieve telemarketing calls anymore. No, I do not own a Caller ID box, I did not buy a "Privacy Manager" from my telco, I do not own a screening box (ex. TeleZapper). I simply answered them when they did call and asked them not to do so. For that matter, when you sign up with a telco or something like that, why not "opt-out" right off the bat? You do have that power.
BTW, According to the FTC DNC website, telemarketers will have to send caller ID signals after Jan 31, 2004, so don't count on your unidentified call block. Of course, you'll know them when they show up on your caller ID. It won't be completely useless to have, because other people can still block their CID signal, only businesses cannot.
On a side note, I do know another telemarketer who did sell "solicitor blocks". He says his sales are way beyond goal, LOL! People say they didn't appreciate his call, and he used that as a selling point!
Perhaps you should use the following to get them to cease communication via your cell phone. I am convinced that accruing minutes on your cell phone (I know some plans are unlimited, but most aren't) would be tantamount to causing you to incur a charge. In English, that means it's your dime, not theirs. You are paying out money to accept their call. If it was a landline and you were not limited on minutes of usage, it would be an entirely different story. Perhaps you should return their call and insist on alternate means of communication. If it is a collection agency for a debt that you do owe, then you should communicate with them. If you do not owe the debt, then you should notify them verbally and in writing of a dispute.
(5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
Just listen to Chuck Berry. He's notorius for never stopping a show to tune or change his guitars. Sure, the guitar was out of tune. So what? He let his soul hang out and everybody was having fun! Nobody cared that he sometimes ended up playing in Ab when the band was in A. It seems to me that the Autotuner would somewhat spoil the magic of not caring about the pitch. However, for a guitarist concerned about pitch, it would mean not having to stop the show.
So puzzle me this: how would the Autotuner account for deliberate accidentals/chromatic runs/blue notes? Would it turn D-D#-E into D-E-E if set to key of Am?
There's certainly more than one way about it. You could...
Encourage players to build. That element keeps people around on MUDs, and also explains why some people actually still play Quake 1!
Constantly revise. Even if players aren't building, the developer/admin can do little things to keep the challenges up. I could cite Diablo II here. I was burned out on it until I started playing with the 1.10s patch. The synergy bonuses really changed my approach to how I build my chars in the game.
Community! That's why so many people stay on MUDs for years at a time, because they have already made friends there, and even people who retire from playing stop by every once in a while to catch up. I'll cite Diablo II again, because the community's not really there. You're too busy getting spammed so you'll have to meet players through other channels (IM, Email, Message Board, etc.) Kinda sloppy there.
Even so, I'd almost consider the community the most important part of an MMOG. That would be why players in MUDs tend to stay with the same guild/class. Even the weakest guilds tend to have their social circles who are devoted to the guild till they retire to RL. Of course, there are always the guild-hoppers who liven up the community in their own special way. *Raises hand.... GUILTY!!!!*
That being said, aside from community, you gotta expand/revise in order to keep the game fresh.
I usually don't accept any email from people I don't know, so I simply set up my filter with a whitelist. That means that I filter it out if either of the following conditions are not true:
Contains my initials. I simply ask my friends to insert my initials in the subject line. They're all happy to comply.
If I opt-in to something, like/. updates, I allow *that* domain (*@slashdot.org, for example). No third party co-brands are accepted.
So, that's why so many Florida voters (mostly minorities, BTW) voted for Pat Buchanan, who openly admitted that they were NOT his votes. It was their intent to vote for him? Mr. Buchanan didn't seem to think so.
Electronic voting booths are used here in WV (at least Cabell County, anyways). You are presented with a touch screen that shows check marks next to your choices. Also, You CANNOT submit your vote UNLESS you have read or seen EVERY page of the ballot. That means even if you're voting a straight ticket, you would at least see who's running. That's in case you happen to see someone you happen to like (more likely in a local poll) who is running for office. As an election clerk, It sure makes that 15-hour day sooo much easier. No spoiled ballots, and there's no such thing as a chad. The vote reads EXACTLY as it is marked. Don't ask me about the absentee procedure, because I went to the courthouse physically to cast mine with the same machines.
The intent of cars being equipped with GPS to notify its owner is to ensure that someone who doesn't *pay* for the car doesn't enjoy the benefit of the car. It's only reasonable. The software manufacturer had the same intent, and as far as I care, it's the manufacturer's perogative to do so. You can choose not to buy it at all. Sure, you can choose to download/hack/crack/etc., but you should be prepared for any consequences. If you don't like it, find an alternative that better suits your needs. Look for similar software that is offered gratis or free(beer). I prefer to use software licensed under GPL or Freely Distributable licenses for *that exact reason*.
Enough ranting for now. I'm going back to inserting my GIMP-created images into an OpenOffice document so I can email it with Mozilla. And life goes on...
You're right. I can't exactly say that I enjoy trying to catch up to people that have put in 20 times as many hours as I have. Especially when it comes to MMOG's that have been running for a long time. I would much rather support online games that either wipe characters periodically (no links) or have a hardcore (permanent death) option, like Diablo II or Hardcore BatMUD. I'd say that Hardcore really weeds out the whiners.
Slashdot Mirror
It wasn't directly inspired by the Strong Bad Email, but rather inspired by a post-it mural in turn inspired by SB. Here's the Post-it Trogdor!
So, when do we get to see the Commander Keen movie? I nominate Rush Limbaugh for the part of Dopefish.
Not necessarily. The minute they try to sell something, it takes away the exemption for charities. Suppose that Christian Children's Fund calls you. If they ask for nothing more than a donation, it's a charitable call. If they then turn around and offer you a CCF logo credit card from Citibank, it becomes a sales call and is subject to the DNC law, just as if they called expressly for that purpose. I just love the way /.'ers jump to conclusions.
Big Burly voice: I (insert degrading sexual act) for crack! People don't (insert degrading sexual act) for coffee! Did you ever (insert degrading sexual act) for caffeine?
/obligatory "Half-Baked" reference
//FARKer in disguise
"At least if people have an outlet, maybe they won't post so many hidden goatse links. [www.goat.cx] :)
Aren't you glad that you set your /. prefs to reveal the doamin for every link?
MP3.com used to have such a service before it went under. It only worked for CD's, where the discs have encoded bar-code-type info branded into the disc. It would make a good use for a :Cat. It could send the bar code of your CD you purchased long ago and far away, then give you the MP3's online. As for vinyl, 8-track, some cassettes, I would assume an in-person converting service would be the most feasible. I remember when you could go to a video store to convert your old 8mm film to VHS.
Of course, this is nothing new. Anytime you communicate in *any* form, you do so at your own risk, be it electronic, written, or otherwise. Land lines and cell phones are subject to tapping and recording. We all know already that IM and email are every bit as good at protecting your privacy as a postcard. Even when you talk to someone face to face, someone nearby or even the person you're talking to is likely to rat you out.
If you don't like the risks as presented in the TOS, avoid it. Simple enough, right? Maybe that will teach you to RTFTOS and not zip past it before you click SUBMIT. How many times must that be stated?!?!?!
Now with clickable goodness! Here's the whois info. Damn, I should learn to preview.
Someone else mentioned that the site is run by Germans. Here's the <a href ="http://www.swhois.com/cgi-bin/swhois.cgi?templa<nobr>t<wbr></wbr></nobr> e=default&lang=en&login=no&MARKET_AREA=&whois=kcc<nobr>k<wbr></wbr></nobr> p.net"> whois info</a>.
It is an EULA nonetheless. By using the the materials (program, source code, documentation, etc.), you are agreeing to the restrictions imposed and the rights granted. Show me a definition of the EULA that says it CANNOT grant rights and privileges. In the same manner, Creative Commons is of sorts, a customizable EULA. Similarly, you do not own the copyright of that GPL program that you downloaded (and its attendant source code). However, in the case of the GPL you have a license (the GPL) that allows you to redistribute the program (and even charge for it) as long as you distribute the corresponding source code with modifications. That is the quid pro quo: the GPL has granted you rights you did not have under copyright, and in return has asked you to make your contributions available. If this does not sound like an EULA, I don't know what does. Just like any other EULA, rights are granted under certain conditions. Feel free to mod me down to (-1, Troll) if you like, because I know the /. crowd so hates to think that some of their practices are shared in common with *gasp!* big businesses.
Most certainly check that bill. If you were in fact billed for receiving the message, then push it under the existing junk-fax laws. But, if it was not billed, I don't know of any law to suit your needs there. Either way, I would switch providers anyway because of not being allowed to opt-out.
<li>Chinese Food - why do take out when you can go to a buffet?
<li>Bars - beer, pool, darts, karaoke, <a href="http://www.ntn.com">NTN trivia</a>, beer, what more can you ask for?
<li>Work - it sucks, but it's so you can fund your Chinese food, beer, DSL, etc.
<li>And most importantly.... you get to leave your spouse behind
</ul>
I might sound like a troll, but the impression that I get is that Emusic would still be the cheapest way (still, not free) to get music. I can't think of anywhere else you can get an entire album for the $2-3 (USD) price range. I don't think I'd be downloading enough to pay $50/month, simply because I don't have the time to download 25 albums. However, that is still a damn good bargain compared to getting 3 CD's for the same price. Heck, I wouldn't mind having a deal to get the songs piecemeal for cheap if the quality was guaranteed.
I think it needs to be mandatory that those conducting phone calls for the purpose of commercial activity (solicited or otherwise) should be required to display their number and business/name on the recipient's caller ID. This means if you're calling someone to try to sell them a product, you can't call anonymously, either.
If you've read the FTC DNC site, you will find that CID blocking will no longer be allowed after Jan 31, 2004. Problem Solved!
Yes, there are loopholes in the TSR (Telemarketing Sales Rule) that allow everything but "cold calls" (read: You've never done business with them or asked anything of them before), which are very few and far between, like another poster noted, usually are newspapers.
I'll probably end up sounding like a (-1, Troll) when I say that those pranks (like pretending not to be yourself to end the call) are doing nothing but inviting more calls! Picking up and hanging right back up without a word and using the answering machine to screen calls only GUARANTEE you a call back. How do you stop that? Here's how I stopped getting telemarketing calls I don't want:
Just say: DO NOT CALL!!!
That's right. Don't dance around it. By signing up for the DNC registry, you've already stopped the "cold" calls and told them so.
Any legitimate telemarketing firm will stop calling upon being told to do so. Of course, those same telemarketers will tell you that "You will no longer recieve calls about special offers, promotions, etc, with that in mind would you still like to be placed on the DNC list?" Answer yes to that question and you're all set.
Of course, I do so selectively, I'll let them identify themselves before I tell them so on the off chance that there may be something I'd want, like a cheaper deal from Verizon about DSL simply because I trust that company.
I'm done ranting now.
Here's what I gathered would be the impact of the new telemarketing laws:
1. Every time the laws change, successful teleservices firms shift their focus. When cold calls (those not borne from an existing business relationship) became less profitable due to legislation, most firms switched to clients that wanted to call their own customers, such as local telco's. This exception is in the new TSR as well, btw. Besides that, those calls are also starting to lose profitability, so inbound sales are becoming more and more the focus of these firms as their clients focus on other forms of advertising.
2. The DNC list would certainly save the telemarketer as much hassle as it does the consumer on the DNC list. As a telemarketer myself, I get extremely annoyed when people dance around pretending they're not available when in reality, they just don't want to be called. In short, if you don't want to be called, JUST SAY SO!
3. This goes along with #2: Even though charities, political groups, and companies that have a business relationship do not have to use the Nat'l DNC list, they still have to honor your DNC request. Again, JUST SAY IT! Don't dance around it.
My experience as a telemarketer has taught me so much about it, that I honestly do not recieve telemarketing calls anymore. No, I do not own a Caller ID box, I did not buy a "Privacy Manager" from my telco, I do not own a screening box (ex. TeleZapper). I simply answered them when they did call and asked them not to do so. For that matter, when you sign up with a telco or something like that, why not "opt-out" right off the bat? You do have that power.
BTW, According to the FTC DNC website, telemarketers will have to send caller ID signals after Jan 31, 2004, so don't count on your unidentified call block. Of course, you'll know them when they show up on your caller ID. It won't be completely useless to have, because other people can still block their CID signal, only businesses cannot.
On a side note, I do know another telemarketer who did sell "solicitor blocks". He says his sales are way beyond goal, LOL! People say they didn't appreciate his call, and he used that as a selling point!
Perhaps you should use the following to get them to cease communication via your cell phone. I am convinced that accruing minutes on your cell phone (I know some plans are unlimited, but most aren't) would be tantamount to causing you to incur a charge. In English, that means it's your dime, not theirs. You are paying out money to accept their call. If it was a landline and you were not limited on minutes of usage, it would be an entirely different story. Perhaps you should return their call and insist on alternate means of communication. If it is a collection agency for a debt that you do owe, then you should communicate with them. If you do not owe the debt, then you should notify them verbally and in writing of a dispute.
Here's what the Fair Debt Collection Practices Act has to say about it.
808. Unfair practices [15 USC 1692f]
(5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
Just listen to Chuck Berry. He's notorius for never stopping a show to tune or change his guitars. Sure, the guitar was out of tune. So what? He let his soul hang out and everybody was having fun! Nobody cared that he sometimes ended up playing in Ab when the band was in A. It seems to me that the Autotuner would somewhat spoil the magic of not caring about the pitch. However, for a guitarist concerned about pitch, it would mean not having to stop the show.
So puzzle me this: how would the Autotuner account for deliberate accidentals/chromatic runs/blue notes? Would it turn D-D#-E into D-E-E if set to key of Am?
There's certainly more than one way about it. You could...
Encourage players to build. That element keeps people around on MUDs, and also explains why some people actually still play Quake 1!
Constantly revise. Even if players aren't building, the developer/admin can do little things to keep the challenges up. I could cite Diablo II here. I was burned out on it until I started playing with the 1.10s patch. The synergy bonuses really changed my approach to how I build my chars in the game.
Community! That's why so many people stay on MUDs for years at a time, because they have already made friends there, and even people who retire from playing stop by every once in a while to catch up. I'll cite Diablo II again, because the community's not really there. You're too busy getting spammed so you'll have to meet players through other channels (IM, Email, Message Board, etc.) Kinda sloppy there.
Even so, I'd almost consider the community the most important part of an MMOG. That would be why players in MUDs tend to stay with the same guild/class. Even the weakest guilds tend to have their social circles who are devoted to the guild till they retire to RL. Of course, there are always the guild-hoppers who liven up the community in their own special way. *Raises hand.... GUILTY!!!!*
That being said, aside from community, you gotta expand/revise in order to keep the game fresh.
Th-th-th-th-th-that's all Folks!
- Contains my initials. I simply ask my friends to insert my initials in the subject line. They're all happy to comply.
- If I opt-in to something, like
/. updates, I allow *that* domain (*@slashdot.org, for example). No third party co-brands are accepted.
Fair enough?FLAMEBAIT AHEAD!!!
So, that's why so many Florida voters (mostly minorities, BTW) voted for Pat Buchanan, who openly admitted that they were NOT his votes. It was their intent to vote for him? Mr. Buchanan didn't seem to think so.
Electronic voting booths are used here in WV (at least Cabell County, anyways). You are presented with a touch screen that shows check marks next to your choices. Also, You CANNOT submit your vote UNLESS you have read or seen EVERY page of the ballot. That means even if you're voting a straight ticket, you would at least see who's running. That's in case you happen to see someone you happen to like (more likely in a local poll) who is running for office. As an election clerk, It sure makes that 15-hour day sooo much easier. No spoiled ballots, and there's no such thing as a chad. The vote reads EXACTLY as it is marked. Don't ask me about the absentee procedure, because I went to the courthouse physically to cast mine with the same machines.
Simply placing a bit of code in a software that notifies your ISP of your license violation would not be entrapment
(Insert mandatory I-ANAL disclaimer)
Not quite apples and oranges....
!!!UNPOPULAR POST AHEAD!!!
The intent of cars being equipped with GPS to notify its owner is to ensure that someone who doesn't *pay* for the car doesn't enjoy the benefit of the car. It's only reasonable. The software manufacturer had the same intent, and as far as I care, it's the manufacturer's perogative to do so. You can choose not to buy it at all. Sure, you can choose to download/hack/crack/etc., but you should be prepared for any consequences. If you don't like it, find an alternative that better suits your needs. Look for similar software that is offered gratis or free(beer). I prefer to use software licensed under GPL or Freely Distributable licenses for *that exact reason*.
Enough ranting for now. I'm going back to inserting my GIMP-created images into an OpenOffice document so I can email it with Mozilla. And life goes on...
You're right. I can't exactly say that I enjoy trying to catch up to people that have put in 20 times as many hours as I have. Especially when it comes to MMOG's that have been running for a long time. I would much rather support online games that either wipe characters periodically (no links) or have a hardcore (permanent death) option, like Diablo II or Hardcore BatMUD. I'd say that Hardcore really weeds out the whiners.