Generally on-the-mark Green Party candidate makes the following error: A valid contract provides an equal exchange of value: It's not all prohibitions on one party while the other party has no obligations and retains all rights. It shouldn't be legal for Microsoft, for example, to license its OS for use on only one particular CPU. That is, you shouldn't have to buy a new copy of XP when you upgrade your motherboard. When you buy a movie on DVD you should be allowed to play it on any DVD player, and when you buy a copy of an OS you should be allowed to run it on all your computers. This should be a natural result of a more general prohibition on unfair contracts.
IANAL Yet -- but I am in Contracts and will tell you that David is speaking about a bargained-for exchange. There needs to be an equitable exchange in order for a contract to be enforceable. This means that I can't secure a contract by offering to give you a house in exchange for a penny. The courts will see that as a gift, since clearly I didn't actually WANT the penny, I just wanted to give you a house as a gift under the cover of a binding contract.
In order for David to make the claim that a Microsoft license agreement fails bargained-for exchange, you need to determine that the agreement as presented is not what was actually bargained for. I think he'd have a tough case. In exchange for being prevented from installing the software on multiple computers and the other terms of the license agreement, and whatever fee Microsoft wants to charge, you get to use their software. Somehow you'd have to show that one of those elements fails the peppercorn test -- do you not actually want the software and just wanted to give up your rights and money to Microsoft? Probably not. Did Microsoft really just want to give you the software, and doesn't really care about the money and the removal of your rights? Hah.
So, I'm sorry to say that on this ground at least a license agreement seems like a valid bargained-for exchange contract.
(Anyone who already is a lawyer, or further along in their studies than I, please chime in -- I'd like to know if anything I said is wrong):)
I don't think you understood what 'straw men' means in the context of an argument. (mind you, I'm anti-creationism, just pointing out what he meant...)
The argument of creationism isn't the straw man. When you're engaged in an argument with someone, and you create an entirely fictitious position for them, and attack that instead of the real argument, you'll be accused of knocking down straw men.
- Person A has position X. - Person B presents position Y (which is a distorted version of X). - Person B attacks position Y. - Therefore X is false/incorrect/flawed.
Remember, back in the mid-80's, your memory size and disk size were fairly close, or a factor of 10 at most.
You insensitive clod! Back in the mid-80s I had 64k of RAM (or 128k depending on what mode I started up in), and zero hard disk space. If you applied Moore's law to double the capacity, we'd still have no hard drive space!
You might be on to something...// This block of source code was brought to// you by McDonalds! Try our new extra value// meals at just 1 dollar apiece!//// McDonalds... I'm lovin' it!
I'm going to write a library that I can port around to different operating systems and have all users install. Then the virus makers can just write against that library and have their viruses run against all platforms. Of course, this means distributing the virus in source code form and compiling it on the target computer, but I'm sure users would be more than happy to take that step for you.;)
Relevance wasn't a factor... I log traffic information and the spider didn't appear on it until just the other day, weeks after tons of other spiders hit the site and indexed it.
Really? Tell that to the military that's making a massive push to use COTS equipment so they can stay on the bleeding edge. I know, it's what the largest contractor for the Navy is tasked with doing.
If you wanted to be really fair, I could say that I could put my Commodore 128 on the Internet and let anyone who telnets to it run anything they damned well please, and I still wouldn't have problems...
Dell's had a competent gaming laptop for a while now, why not a competent desktop? Inspiron XPS, now there's a laptop you can bring home to mom. According to their site, it starts at 9.06 lbs. Don't move it around too much.
Slashdot Mirror
What if you want to listen to MP3s when it's dark out?
I wear my sunglasses at night
so I can
so I can
Watch you weave then breathe your story lines...
Generally on-the-mark Green Party candidate makes the following error:
:)
A valid contract provides an equal exchange of value: It's not all prohibitions on one party while the other party has no obligations and retains all rights. It shouldn't be legal for Microsoft, for example, to license its OS for use on only one particular CPU. That is, you shouldn't have to buy a new copy of XP when you upgrade your motherboard. When you buy a movie on DVD you should be allowed to play it on any DVD player, and when you buy a copy of an OS you should be allowed to run it on all your computers. This should be a natural result of a more general prohibition on unfair contracts.
IANAL Yet -- but I am in Contracts and will tell you that David is speaking about a bargained-for exchange. There needs to be an equitable exchange in order for a contract to be enforceable. This means that I can't secure a contract by offering to give you a house in exchange for a penny. The courts will see that as a gift, since clearly I didn't actually WANT the penny, I just wanted to give you a house as a gift under the cover of a binding contract.
In order for David to make the claim that a Microsoft license agreement fails bargained-for exchange, you need to determine that the agreement as presented is not what was actually bargained for. I think he'd have a tough case. In exchange for being prevented from installing the software on multiple computers and the other terms of the license agreement, and whatever fee Microsoft wants to charge, you get to use their software. Somehow you'd have to show that one of those elements fails the peppercorn test -- do you not actually want the software and just wanted to give up your rights and money to Microsoft? Probably not. Did Microsoft really just want to give you the software, and doesn't really care about the money and the removal of your rights? Hah.
So, I'm sorry to say that on this ground at least a license agreement seems like a valid bargained-for exchange contract.
(Anyone who already is a lawyer, or further along in their studies than I, please chime in -- I'd like to know if anything I said is wrong)
Or one 524288 x 524288 @ 32 bpp frame, uncompressed.
kind, cruel, or just careless
You forgot 'horny'.
Wow... I thought I was the only person on here who saw things this way. You rock!
Do they call it the "America Syndrome" over in China?
I don't think you understood what 'straw men' means in the context of an argument. (mind you, I'm anti-creationism, just pointing out what he meant...)
The argument of creationism isn't the straw man. When you're engaged in an argument with someone, and you create an entirely fictitious position for them, and attack that instead of the real argument, you'll be accused of knocking down straw men.
- Person A has position X.
- Person B presents position Y (which is a distorted version of X).
- Person B attacks position Y.
- Therefore X is false/incorrect/flawed.
This is a fallacious argument.
How much is the shipping? :)
Remember, back in the mid-80's, your memory size and disk size were fairly close, or a factor of 10 at most.
:)
You insensitive clod! Back in the mid-80s I had 64k of RAM (or 128k depending on what mode I started up in), and zero hard disk space. If you applied Moore's law to double the capacity, we'd still have no hard drive space!
pfft! pfft I say!
You might be on to something... // This block of source code was brought to // you by McDonalds! Try our new extra value // meals at just 1 dollar apiece! // // McDonalds... I'm lovin' it!
I'm going to write a library that I can port around to different operating systems and have all users install. Then the virus makers can just write against that library and have their viruses run against all platforms. Of course, this means distributing the virus in source code form and compiling it on the target computer, but I'm sure users would be more than happy to take that step for you. ;)
You mean like Cheney being kept in an undisclosed location?
... Microsoft will freely provide us with their source code so we can compile Office and their other product suites on MacOS.
Relevance wasn't a factor... I log traffic information and the spider didn't appear on it until just the other day, weeks after tons of other spiders hit the site and indexed it.
Because one effort, the forced compliance with UN regulations, is an effort being made by the federal government.
The other effort, charity morale for the troops, is privately funded.
And yes, yes you are trolling.
Really? Tell that to the military that's making a massive push to use COTS equipment so they can stay on the bleeding edge. I know, it's what the largest contractor for the Navy is tasked with doing.
Kelly? You must be asian.
"John Kelly will have the flied lice!"
I submitted a site over a month ago to Google. I put links to it on a few sites already indexed by Google.
Every other freakin' search engine on the planet found the link by themselves and indexed it.
Google just found it the other day, and still hasn't added it to their index.
Yea, go Google...
Why would they have to remaster the already digitally encoded second trilogy?
If you wanted to be really fair, I could say that I could put my Commodore 128 on the Internet and let anyone who telnets to it run anything they damned well please, and I still wouldn't have problems...
No, it was for 10 1/2 hours of bringing back the system to a usable state without formatting.
Total waste!!
It's just another manic monkey... whoa whoa
I'll give you ten monkeys, ten minutes.
Dell's had a competent gaming laptop for a while now, why not a competent desktop? Inspiron XPS, now there's a laptop you can bring home to mom. According to their site, it starts at 9.06 lbs. Don't move it around too much.
... just click on the link to see the "whacky clipart image", then hit the back button immediately after? Or was it just me? :)