Actually that clause doesn't really give Microsoft any protection. The real reason they're protected is that somewhere in the agreement they're going to state some like 'Not to be used in mission critical applications' or 'software is sold as is' or 'Microsoft makes not guarantees as the reliability of this software' (I don't have a copy of the agreement handy). With this in place it's no longer their fault if you use their software somewhere important and it damages your computer.
Think if it like a hammer. Lets say the company puts a sticker on there that says 'not to be used to hammer nails' sure it may work perfectly well for hammering nails in fact that's exactly what it was designed for. But if it brakes something while using it to hammer nails it's your fault for using it for something it wasn't designed to do. They could not however put a sticker on there that says 'hammer may brake, we're not responsible if it does' and expect protection. Because if they're marketing a product as being able to do something (in this case it's implied that a hammer is to be used on nails) then it is expected that it will be able to hammer nails properly.
Basically you can not say "I'm not responsible if something goes wrong" but you can say "Don't use this software for important things"
Those stupid little EULA won't protect from claims of negligence. If a software program tells you to go drink acid you better believe you can sue regardless of what you clicked on. It's very similar to those stupid little signs on dump trucks. 'Not responsible for objects that fall off' The hell they aren't. If something falls of the truck and hits your car you can be assured that stupid little disclaimer will offer no protection.
No they're still free to sue. All that said was they can't shortcut it and change the current case's defendent from the mom to the daugther. And the ONLY reason they can't do that is because the lawyers messed up and dismissed the case before they added the daugter as a defendant. So basicly the story here really is, The RIAA has bad lawyers.
Sorry but no. Well kind of.... They can't sue her in name but they can sue the child, and if the child if found liable she'll likely have to pay for what ever the judgment is. So while they can't sue her directly they can still get her money through her kid.
The case was dismissed aginst the mother with prejudice but they're still free to refile and sue the child if they want. From what I can make out with my legal knowledge (which is more then person that wrote the summary I'd say but I'm not a lawyer) here's what really happend. They sued the mom, who had the ISP account. They found out that it was really the daugther who was the sharer. They asked for the case to be dismissed aginst the mom. They then asked for the case to be changed to the daugher after the judge issued his judgment. The judge said nope and did what they asked and dismissed the case. So basicly I think this was a mistake on the lawyers part for asking the case to be dismissed before they got the defendent changed. This is more of a technicality win then a real win aginst the RIAA
It would be pretty hard to fool the missile into flying into a designated area given the way GPS works (IE it's not telling the missile where it is, rather the missile is figuring out where it is from microsecond timing which would be hard to fake in an area as small as a few blocks around a building)
But anyway, it wouldn't be a major modification at all. Just turn off the guidance for the last few seconds and assume your still on course. Now as long as there's not something freakish like 100MPH winds in the area the missile should still fall directly on it's target give or take a few feet.
How effective would that jamming really be.... since anyone smart enough to build a cruise missile that could use GPS for guidance would be equally intelligent enough to build a cruise missile to simply home in on the jamming single it's self. Or even with out that could simply free fly the last little distance around the jammer and still hit extremely close to the target. And if your talking about a suicide attacker in a plane; how exactly is losing your GPS location when your within visual range of your target going to stop you..... What exactly are they trying to protect against?
Why should they have to learn what JavaScript and gigabyte mean? Because then maybe they could answer their own questions -My email account says I'm out of space why is it saying that I only have a few emails in saved? Because those damn joke movies that people keep email you are 50 megabytes each. -This website says I need JavaScript turned on, what's JavaScript. JavaScript is a language that browsers use to display certain webpages. We have it turned off for security reasons.
It's not that those are unreasonable questions... the first time. But they don't learn, and they'll ask the same exact questions again because they didn't listen the first time. I mean all those people that didn't know what a megabyte was. I find it imposable to believe they've never heard that term before. I mean how many times do they have to hear it before they remember what it is? I don't expect them to know everything, but I expect them to be able to help themselves. Here's the perfect example. There was program that is used here that has the annoying side effect of sometimes changing the resolution to a much lower value. And I've explained many times how to change the resolution back if the problem comes up. Yet it never fails that some people keep coming to me and getting all huffy that their icons are really small and that they can't read any of the words on the computer. How many times am I expected to explain to them how to fix the god damn resolution. It's not a complex procedure. Yet the damn people refuse to learn it and keep fucking bugging me to do it. And nothing pisses me off more then people who refuse, not can't, but refuse to help themselves!
would you understand what he's telling you Maybe not... but I'd learn mainly so he doesn't rip me off;)
I'm going to have to disagree, most things should not require a manual to operate. For example my cell phone came with like a 100+ page manual (no joke it really did). Fuck if I'm going to waste 2+ hours to figure out how to run a phone. Now I don't expect to be able do everything with out reading the manual, but most of the basic functions like calling, address book, ring tones should all be readily discernable by pressing the menu button. And even more complex features like personalized ring tones for callers and 1 touch dialing should be easy to figure out from the phone it's self. I shouldn't need to carry around a book for everything I own to consult every time I want to use it.
Well maybe the problem isn't that one shouldn't have to read a manual... maybe it's just the manual shouldn't be so damn big that no one wants to read it. Or it should at least come with some version of a quick start guide.
Your average office worker is lazy and doesn't want to learn what those terms mean. The terms aren't the problem; it's the fact that your average cubical dweller simply doesn't want to learn them. I've personally explained how to fix a the same problem several times to the same person, yet they keep asking me how to fix it every time it comes up. If they'd simply listen the first time and learn how to do it rather then noding the whole time maybe they'd be able to help themselves once and a while.
Wrong. It is their right to sell their music however they want. Hell they don't even have to sell it; they could play it once and never let anyone hear it again. You have no rights when it comes to their product. So if they won't to make a product that only works in cd players that is totally within their rights to do so. And if you don't like it then simply don't buy it. You don't have the right to go against their wishes on how they want their product to be used just because you disagree.
While I personally love guns.... Your right, there really is no good purpose for them. Sure they're useful for self defense, but so are tazer. And they're also useful for hunting, but farms have long since relegated that to a hobby rather then a means of survival. The main reason guns can serve the good is because they are very effective at stopping other people with guns. I mean we would have had a hard time wining world war 2 without guns. But then again, if the Germans wouldn't have had guns would the war of ever happened? (probably... since we've been able to kill each other quite effectively long before guns) Or even on smaller scales of police using their guns to put down someone that's a danger.
It wasn't only amusing... it was also a pretty disappointing comment on the emotional well being of the poser. Because truthfully anyone who doesn't cry or at least feel like it (cause well... we are guys after all;) at a sad moment in a story is really the emotional unstable person. Perhaps it would have been better said 'a more emotional person' because you don't have to be unstable to feel sad, it's perfectly natural.
Those of us who are really prepared don't both with the 'gadgets' and just cover all our bases at once. We buy a gas powered generator (I live in Florida)
The only real problem is that the noise will attract all the neighbors who aren't prepared and come looking for cold food...... =/
The reprogramming would only need to be done at your end. Basically right now your client program just requests the files in random order (well quasirandom because I believe it also uses the availability of a chunk to determine when it should download it) so they're delivered in random order. All you'd need to do is tell your client to ask for the pieces in order. Simple as that. But like I said before... even though it's possible, it could (will) hurt the network if it becomes popular; so there probably (hopefully) aren't many clients that do this.
Also even 'superchunk architecture' won't save you if you hit a slow client that will take 1 min to deliver a piece that's due to be played in 45 seconds. If fact it will make the problem worse then if you just played it chunk by chunk, because one slow download inside a superchunk will hold up the entire thing from being played.
You can do this in bittorent, you'd just need to tell your client to grab the pieces in order (I don't know if there are any that do this... but it would be possible to program it to do so) Problem is however it will seriously degrade the ability of the network to provide the last pieces if everyone does this since that's when it's most likely someone will D/C. Using random pieces ensures that the network will have a good amount of all the pieces and not a lopsided amount of the pieces towards the start.
Steaming over a swarm is problematic anyway because of varying connections speeds. You'd need to buffer so much ahead in case you hit someone with a slow DL speed or someone D/Cs in the middle of you downloading that chunk that it would basicly be just like downloading it anyway;)
Reminds me of Hurricane Ivan. Which of course reminded every news caster in the country of apparently the only Ivan they've heard of; Ivan the terrible. Certainly made the storm seem more imposing calling it that all the time.
I know your trying to be funny.... But no, this is not a DMCA violation. In fact it's so far from being a violation that it's really not that funny anyway.
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I was merely using it as an example that one can't no waive their duty of care with something as simple as a disclaimer.
Actually that clause doesn't really give Microsoft any protection. The real reason they're protected is that somewhere in the agreement they're going to state some like 'Not to be used in mission critical applications' or 'software is sold as is' or 'Microsoft makes not guarantees as the reliability of this software' (I don't have a copy of the agreement handy).
With this in place it's no longer their fault if you use their software somewhere important and it damages your computer.
Think if it like a hammer. Lets say the company puts a sticker on there that says 'not to be used to hammer nails' sure it may work perfectly well for hammering nails in fact that's exactly what it was designed for. But if it brakes something while using it to hammer nails it's your fault for using it for something it wasn't designed to do.
They could not however put a sticker on there that says 'hammer may brake, we're not responsible if it does' and expect protection. Because if they're marketing a product as being able to do something (in this case it's implied that a hammer is to be used on nails) then it is expected that it will be able to hammer nails properly.
Basically you can not say "I'm not responsible if something goes wrong" but you can say "Don't use this software for important things"
Those stupid little EULA won't protect from claims of negligence.
If a software program tells you to go drink acid you better believe you can sue regardless of what you clicked on.
It's very similar to those stupid little signs on dump trucks. 'Not responsible for objects that fall off'
The hell they aren't. If something falls of the truck and hits your car you can be assured that stupid little disclaimer will offer no protection.
Or at least mix it up a little.
Hearing the word 'blog' 12 times in one summary is enough to make one's head explode.
No they're still free to sue.
All that said was they can't shortcut it and change the current case's defendent from the mom to the daugther.
And the ONLY reason they can't do that is because the lawyers messed up and dismissed the case before they added the daugter as a defendant.
So basicly the story here really is, The RIAA has bad lawyers.
Sorry but no. Well kind of....
They can't sue her in name but they can sue the child, and if the child if found liable she'll likely have to pay for what ever the judgment is.
So while they can't sue her directly they can still get her money through her kid.
The WiFi defense is still up in the air though.
The case was dismissed aginst the mother with prejudice but they're still free to refile and sue the child if they want.
From what I can make out with my legal knowledge (which is more then person that wrote the summary I'd say but I'm not a lawyer) here's what really happend.
They sued the mom, who had the ISP account.
They found out that it was really the daugther who was the sharer.
They asked for the case to be dismissed aginst the mom.
They then asked for the case to be changed to the daugher after the judge issued his judgment.
The judge said nope and did what they asked and dismissed the case.
So basicly I think this was a mistake on the lawyers part for asking the case to be dismissed before they got the defendent changed.
This is more of a technicality win then a real win aginst the RIAA
It would be pretty hard to fool the missile into flying into a designated area given the way GPS works (IE it's not telling the missile where it is, rather the missile is figuring out where it is from microsecond timing which would be hard to fake in an area as small as a few blocks around a building)
But anyway, it wouldn't be a major modification at all. Just turn off the guidance for the last few seconds and assume your still on course. Now as long as there's not something freakish like 100MPH winds in the area the missile should still fall directly on it's target give or take a few feet.
How effective would that jamming really be.... since anyone smart enough to build a cruise missile that could use GPS for guidance would be equally intelligent enough to build a cruise missile to simply home in on the jamming single it's self. Or even with out that could simply free fly the last little distance around the jammer and still hit extremely close to the target.
And if your talking about a suicide attacker in a plane; how exactly is losing your GPS location when your within visual range of your target going to stop you.....
What exactly are they trying to protect against?
Why should they have to learn what JavaScript and gigabyte mean?
;)
Because then maybe they could answer their own questions
-My email account says I'm out of space why is it saying that I only have a few emails in saved?
Because those damn joke movies that people keep email you are 50 megabytes each.
-This website says I need JavaScript turned on, what's JavaScript.
JavaScript is a language that browsers use to display certain webpages. We have it turned off for security reasons.
It's not that those are unreasonable questions... the first time.
But they don't learn, and they'll ask the same exact questions again because they didn't listen the first time.
I mean all those people that didn't know what a megabyte was. I find it imposable to believe they've never heard that term before. I mean how many times do they have to hear it before they remember what it is?
I don't expect them to know everything, but I expect them to be able to help themselves.
Here's the perfect example. There was program that is used here that has the annoying side effect of sometimes changing the resolution to a much lower value.
And I've explained many times how to change the resolution back if the problem comes up. Yet it never fails that some people keep coming to me and getting all huffy that their icons are really small and that they can't read any of the words on the computer.
How many times am I expected to explain to them how to fix the god damn resolution. It's not a complex procedure. Yet the damn people refuse to learn it and keep fucking bugging me to do it.
And nothing pisses me off more then people who refuse, not can't, but refuse to help themselves!
would you understand what he's telling you
Maybe not... but I'd learn mainly so he doesn't rip me off
Well you could just monitor out going packets to see if it's sending anything....
I'm going to have to disagree, most things should not require a manual to operate.
For example my cell phone came with like a 100+ page manual (no joke it really did). Fuck if I'm going to waste 2+ hours to figure out how to run a phone. Now I don't expect to be able do everything with out reading the manual, but most of the basic functions like calling, address book, ring tones should all be readily discernable by pressing the menu button. And even more complex features like personalized ring tones for callers and 1 touch dialing should be easy to figure out from the phone it's self. I shouldn't need to carry around a book for everything I own to consult every time I want to use it.
Well maybe the problem isn't that one shouldn't have to read a manual... maybe it's just the manual shouldn't be so damn big that no one wants to read it. Or it should at least come with some version of a quick start guide.
Your average office worker is lazy and doesn't want to learn what those terms mean.
The terms aren't the problem; it's the fact that your average cubical dweller simply doesn't want to learn them.
I've personally explained how to fix a the same problem several times to the same person, yet they keep asking me how to fix it every time it comes up. If they'd simply listen the first time and learn how to do it rather then noding the whole time maybe they'd be able to help themselves once and a while.
Why don't they just buy Google?
I mean now that Google is public what's stopping Microsoft just buying a controlling share and claim it as it's own?
If something is protected by law it's a right not just a privilege.
Thus both copyrights and contracts are by definition rights.
Wrong.
It is their right to sell their music however they want. Hell they don't even have to sell it; they could play it once and never let anyone hear it again. You have no rights when it comes to their product.
So if they won't to make a product that only works in cd players that is totally within their rights to do so. And if you don't like it then simply don't buy it. You don't have the right to go against their wishes on how they want their product to be used just because you disagree.
While I personally love guns....
Your right, there really is no good purpose for them.
Sure they're useful for self defense, but so are tazer.
And they're also useful for hunting, but farms have long since relegated that to a hobby rather then a means of survival.
The main reason guns can serve the good is because they are very effective at stopping other people with guns.
I mean we would have had a hard time wining world war 2 without guns. But then again, if the Germans wouldn't have had guns would the war of ever happened? (probably... since we've been able to kill each other quite effectively long before guns)
Or even on smaller scales of police using their guns to put down someone that's a danger.
It wasn't only amusing... it was also a pretty disappointing comment on the emotional well being of the poser. Because truthfully anyone who doesn't cry or at least feel like it (cause well... we are guys after all ;) at a sad moment in a story is really the emotional unstable person.
Perhaps it would have been better said 'a more emotional person' because you don't have to be unstable to feel sad, it's perfectly natural.
Those of us who are really prepared don't both with the 'gadgets' and just cover all our bases at once. We buy a gas powered generator (I live in Florida)
The only real problem is that the noise will attract all the neighbors who aren't prepared and come looking for cold food...... =/
It's filed in federal court of the Western District of Washington case number 2:05-cv-01563-RSMp ath=10700
I threw the complaint up on a freefile host.
http://zupload.com/download.php?file=getfile&file
The reprogramming would only need to be done at your end.
Basically right now your client program just requests the files in random order (well quasirandom because I believe it also uses the availability of a chunk to determine when it should download it) so they're delivered in random order.
All you'd need to do is tell your client to ask for the pieces in order. Simple as that.
But like I said before... even though it's possible, it could (will) hurt the network if it becomes popular; so there probably (hopefully) aren't many clients that do this.
Also even 'superchunk architecture' won't save you if you hit a slow client that will take 1 min to deliver a piece that's due to be played in 45 seconds.
If fact it will make the problem worse then if you just played it chunk by chunk, because one slow download inside a superchunk will hold up the entire thing from being played.
You can do this in bittorent, you'd just need to tell your client to grab the pieces in order (I don't know if there are any that do this... but it would be possible to program it to do so)
;)
Problem is however it will seriously degrade the ability of the network to provide the last pieces if everyone does this since that's when it's most likely someone will D/C.
Using random pieces ensures that the network will have a good amount of all the pieces and not a lopsided amount of the pieces towards the start.
Steaming over a swarm is problematic anyway because of varying connections speeds. You'd need to buffer so much ahead in case you hit someone with a slow DL speed or someone D/Cs in the middle of you downloading that chunk that it would basicly be just like downloading it anyway
Reminds me of Hurricane Ivan.
Which of course reminded every news caster in the country of apparently the only Ivan they've heard of; Ivan the terrible.
Certainly made the storm seem more imposing calling it that all the time.
Why destroy them?
I keep them as souvenirs from my various trips.
I know your trying to be funny....
But no, this is not a DMCA violation. In fact it's so far from being a violation that it's really not that funny anyway.