"ii) Once its displayable on your machine, there is *absolutely* no way they can stop a determined person from printing it."
Of course, it's like breaking encryption: it comes down to a matter of economics -- while determination and effort can be used to break it, it's likely to cost you more time and effort than spending money, such as going and buying a copy of the book.
This is fantastic! The authors and publishers agree to some DRM control over their content so that they can make the content available through Google, because otherwise they wouldn't make the content available at all, so lets just abuse the service, rip off the DRM, and work around it so that we can steal the content without paying for it, and before you know it, the content will be removed, and the publishers will never trust the users any more.
(slightly tongue in cheek)
I'm sick of wanting interesting and new content services, only to find that as soon as somone tries to do such a thing, using DRM as the "protection", that everyone gets in a huff at the mere mention of the work DRM (oohmigosh they are restricting _our_ rights...) and works as hard as they can to rip it apart, and otherwise abuse and destroy a fledging new service.
Options usually vest over a number of years, so while they may be worth a paper-$1m, they're only going to see real-$1m if (a) they keep working hard/smart enough to keep the paper-value high, (b) they keep working long enough to cash in the paper-value to get real-value.
This is exactly what options are designed to do!
With regard to "brain drain", for a company like Google, it would have people champing at the bit to work there: so any lost talent is easily replacable with new hires, if they keep standards up in the hiring process. And, it's good to have fresh talent come in over time to keep revitalising the place.
Finally, as others have mentioned, many of these types of people actually like what they are doing. I can tell you that if I were a millionaire, I'd live a nice lifestyle, but I'd still be pottering around on code or doing something creatively interesting -- (a) because that's what I like to do, (b) I'm just not the type of person to laze around doing nothing.
There are _many_ examples of serial millionaries and creative types who do what they do because they love the creative elements.
Single section wallet and integrated key holder: just enough to fit 4-5 credit cards and cash, plus 2-3 keys.
Don't forget that all techies need tools: I suggest a keychain size swiss army knife from victorinox (but, don't try to carry it onto a plane), and I never leave home without a SwissCard (http://www.victorinox.com/newsite/en/produkte/pro duktdetails/swisscardlite/swisscardlite.htm).
This is the biggest secret out there, you can pick up old notebooks of decent speed (sub 200mhz, 586, 64-96mb ram, etc) and use it as a gateway, the benefit is:
- low power, low noise, low cost, small form factor; - cheap, get them for sub $50 or free - nobody wants them; - built in UPS (i.e. the notebook battery); - simply install good firewall OS (OpenBSD); - plug pcmcia wireless in the side (take your pick: 802.11b, b+, g...); - use spare pcmcia slot for modem card to provide backup connectivity, or use it for fax server and even for voice mail / phone system (i.e. asterisk) - use the USB slot for cheap-o USB DSL modem (e.g. accessrunner, etc)
The real benefit is that you can just upgrade parts of it as necessary (e.g. all the suckers on 802.11b DSL gateways are hosed while you just buy a new 802.11g card, install it, and throw the old one away), and of course, you get the confidence in a bullet proof system (e.g. OpenBSD).
Seriously, you'll get years of mileage out of it -- much more than a "closed" DSL gateway, you'll get better performance and functionality, all at a cheaper price.
There is no contest, you need a VIA EPIA, running at 533 or 800mhz, which may not sound like a lot, but it is perfectly acceptable for a home server, and more powerful than the soekris or other kits you'll hear of. You can get higher grunt power if you want, but it'll be an overkill.
If you buy a pre-build kit from mini-itx (www.mini-itx.com), it's all you need: comes in a DVD/VCR size box, has a CD-ROM, HD, etc with a single PCI slot that easily fits an 802.11 card, and you can just plug a USB DSL modem into the back, and a hub into the 100mb LAN port - plug a printer into the parallel or USB port, and it's also your print server. Run an entire home network kit (samba, etc) easily. How do I know? Because I did this for over a year.
In terms of cost, power consumption is fantastic: the power supply for the mini-itx is only 70W max to start with, and typically your box will idle at low CPU and with drive inactive, it reportedly draws no more than 5-7W idle power -try doing that with a full scale PC.
It does have a case-fan, but I've found that you can disable the case-fan without a problem -- meaning you get totally quiet operation. Did I mention that is only the size of a VCR/etc, so can in a cupboard or out-of-the way.
Seriously, anything else is an overkill on all fronts. We previously used ours in a small apartment, serving a 2.8ghz dell desktop and a couple of wireless laptops, all at 1mbs DSL 24/7. Absolutely fantastic.
You can either buy a pre-built kit, or a pre-build (where you need to plug everything together -- you'd have to be reasonably incompetent if you couldn't do this).
"According to the letter of the statute, I suppose you're right,"
I know I am right.
"(A) time shifting"
This is allowed, and in some countries (e.g. UK) codified in statutory law rather than just relying on case law precedence.
"(B) personal use backups"
This only applies to computer software, not digital media.
"(C) format shifting"
This does not apply, other than where format shifting is necessary part of using the work (i.e. conversion from MP3 codec into digital bits for the transducer in the speaker), and not where it starts to constitute a new work, or a new economic use for the work (e.g. format shifting from a CD to MP3 to use on your MP3-walkman).
``Seems like it falls under fair use, but depending on who you ask and what time of day it is, it may not be. So be smart. We don't think recording a DVD for personal use you own to a device you own should ever be considered illegal, but these are odd times folks and we're not giving you legal advice.``
Just to be clear: this is not legal according to statutory copyright law, and it is unlikely that the DVD license gives you permission to do it. It would be really nice if it _was_ legal, but unfortunately it isn't. Whether you'd get caught is another issue (considering how many people transcode CD's to MP3 for personal use...).
Get a grip -- anyone reading this that has worked with a complex software product can tell you that these sorts of upgrades inevitably involve gitches -- even more so where the vendor (Microsoft) isn't able to test all possible operating scenarios (i.e. combinations of vendor hardware and software).
You'd be an idiot to think that with the size of SP2, that it would install on hundreds of millions of different computers without some gitches.
The fact that there is such an easy work around (i.e. driver rollback) says much to the credit of the O/S. How many Linux or other operating system upgrades would allow you to roll back discrete components (e.g. individual drivers, resource managers, etc)?
I do agree that Microsoft could be more aggressive with addressing security issues.
"Over the next 50 years, unless renewable, portable fuel (e.g. fuel cells together with solar or nuclear electrolysis plants) become insanely cheap"
Why do you say "unless": it seems quite clear to most people that fuel cell technology is likely to succeed (where others, e.g. electricity and vegetable oils have failed).
"This is not engineering, but accounting/marketing interference with Engineering at it's best."
You're a useless idealist; engineering is a _practical_ discipline, and that means working with commercial constraints, including cost and so on.
"Some bean-counter along with a marketoid came along and told the engineering team to reuse the old crap because they didn't have the budget (accounting) and time (marketing) to do a good job in the first place."
Learn something about the real world: engineering isn't this magical place that dictates what the technical solution should be, irrespective of cost and risk and tells accounting and marketing to live with the result. If it worked this way, the VP, managers and PM's would lose their jobs for failing to act realistically and company would go broke for throwing unrealistic amounts of money into a project that never returns profit.
In a real company, everyone works together for the sake of the outcome: i.e. the project. The projects don't always have a open-ended cost sheet, nor an infinite amount of time to reinvent the wheel.
2000: Qantas Airlines' slogan "Spirit of Australia" coincidentally sounds like games slogan "Share the spirit" to chagrin of official sponsor Ansett Air
Anyone who has lived in Australia can tell you that Qantas has used "Spirit of Australia" as an advertising slogan for at least 20 years or more. Not only that, but Qantas is one of those "grand old lady" organisations who don't stoop to any type of advertising/marketing "tricks". The reporter has actually made a mistake with this choice of example, because if anything, it would be Ansett with the wrongdoing here.
"Sounds like a pretty crappy design decision to me."
You don't understand Engineering do you?
The design solution to a problem is about getting the best time, cost, risk and other constraints satisfied in the most optimal way possible. It may be lower risk to emulate an old processor than to port and regression test legacy code.
The best technical solution can often be the worst engineering solution, taking into account other cost and risk factors.
This machine isn't in production any more, but it's actually a perfect notetaking computer: runs off AA batteries, has a small touch screen allowing stylus drawing, and a clamshell design with a workable keyboard -- documents can be translate to/from PC and a CF slot provides additional storage. It powers on and off instantly, and is small and portable. There's even a browser, email and other network tools, plus the inbuilt IrDA allows SMS/data interface to a mobile phone.
You can pick up second hand 5mx's for a good price, probably no more than 150$USD.
What I say is from actual experience because I used a s5 take notes for my degree over 2 years. Other similar form factor PDA's are impractically designed for this purpose, as are larger and more clunky notebooks. The s5 was perfect, and many other students commented on how neat it was. I carried it around in a small A5 sized carry case -- fitted easily in my bag, or I could carry it by hand (fantastic when you go for lunch/dinner/pub after class and can hold the carry case in your hand when you go to toilet/etc -- no concerns about expensive notebook being stolen).
If I were a student again: I would use a psion for class and library use, and have a notebook at home for serious work (i.e. assignments/etc) - sometimes necessary to take the notebook into class or library, but rarely.
It's a real shame the psion series 5 was stopped: it has a very definite market space for this type of activity.
"There's a reason nobody runs client-server. Desktop systems with fast processors are just too cheap."
You are confusing "big" and "small" client/server: there's still plenty of case for client/server in a single computer with multi-processor, especially by separation of concerns between the CPU and GPU with offloading. Don't just think that client/server principles apply to the inter-computer, it's also intra-computer.
"Even though it's highly likely it was unenforcable (restraint of trade and all that... despite what some posters have implied these kind of contracts get voided all the time) I crossed out the offending paragraphs before sending it back. Never heard a whimper out of them."
While it is true that there are some overzealous contracts out there that have unenforceable terms, it is also true that non-complete clauses have been enforced against employees (in some cases where employees have really abused employer's commercial confidentiality).
Please don't give the impression that these clauses can "just be ignored", because some poor slashdot reader may just do that any find themselves on the end of a lawsuit.
If you are going to play with the big boys (i.e. legal contracts) then try knowing what you are doing, otherwise you're just asking for trouble.
"... You both are wrong. There is a decision from the European Court declaring... "
You suggest you know something about EU court decisions, but then you state...
"(There is another argument why those clauses are void: As soon as your contract ends, all clauses within the contract end too. All your former company has to enforce certain things to you are laid down in law, not in contract.) "... which indicates that you don't understand contract law 101, making it questionable that you understand advanced EU law. Very funny.
The employment contract is not a contract that starts on the day you enter the workplace, and stops on the day you leave the workplace -- the length of the contract is entirely determined by the clauses in the contract, so if your contract has a clause that says "non-complete" for 3 months beyond your service, then that clause of the contract is still valid for 3 months beyond your service.
If you are going to talk like you know something about law, but you aren't actually trained in it, try an "IANAL" line.
We're supposed to be the insightful techies here, but obviously most people missed the cluetrain on this one:
The issue with WAP was never with the protocol itself, it was with the uselessly small LCD interface on phones that made it clunky and entirely non-user-friendly, not to mention the poor transport layer.
The standard 2004 digital mobile phone has larger and more useful display and keyboard interface, not to mention higher datarates thanks to GPRS -- meaning that any protocol (not just WAP) is far more useful.
I'm sure if you look at the statistics, you'll find that not only has WAP usage increased, but so has that of other features commensurate with the better phone UI.
In the UK such contractual clauses are explicitly null and void: it's called restraint of trade
You are completely and utterly wrong. The circumstances in the UK are similar to most of the rest of the western modern world: appropriately scoped non-compete agreements are allowable and enforceable. What "appropriatley scoped" means all depends upon the circumstances and nature of the work, but for R&D employees working on new technologies, 12 months is not uncommon.
It's clear that you are not a lawyer - because Katie has rights even though she does not have a registered trade mark. If this were not the case, people could just come along and register existing trade names and then sue a long standing owner.
In fact, Katie has a potential case against the publisher for negligence: the actual damages caused to katie.com seem to me to be forseeable, proximate and resulted in actual damage. The publisher is negligent for not doing its due dilligence.
... is to treat the test framework/application as a primary software artifact itself. There's nothing that says that automated test code/etc has to be nasty or a hack - it can be just as interesting as operating code.
Example from older project: developed module/stress/unit test frameworks for my components, including self-built re-usable testing classes and frameworks: allowed me to easily create (in the unit tests) instantiations of the entire component, either with dummy test data, or with component parts replaced by stimuli/receptor/emulator/test code.
Not only that, entire set of test code (larger than the code in the actual module...) ran automated on daily builds.
The proof of the value of this:
1. components were near stress bullet-proof; 2. faults from the field could be easily reproduced and proven by building a new test case/verify into the framework; 3. occasional upgrades of base system or third-party libraries or O/S or compiler caused tests to fail on the daily build because of some now-invalidated assumption -- better to find this out on the daily build than further down in QA where it gates the release, or even worse, on the customer site.
This type of measurement is simplistic and poor: it fails to take into account the functional density of the languages. For example, in one line of perl, you can do what takes ten lines of C/C++ -- especially considering that this is one of perl's raison d'tre.
The measurements really should be multi-dimensional:
- lines of code - number of projects - number of files - number of modules (classes, namespaces, etc) - statement density (e.g. per-language primitives: while, for, @, ->,... etc);
I mean, for all the FUD over how software patents "might impede FOSS", the reality is that FOSS has been doing fantastically well for the last many years, despite the presence of software patents.
"ii) Once its displayable on your machine, there is *absolutely* no way they can stop a determined person from printing it."
Of course, it's like breaking encryption: it comes down to a matter of economics -- while determination and effort can be used to break it, it's likely to cost you more time and effort than spending money, such as going and buying a copy of the book.
Many things work on this principle.
This is fantastic! The authors and publishers agree to some DRM control over their content so that they can make the content available through Google, because otherwise they wouldn't make the content available at all, so lets just abuse the service, rip off the DRM, and work around it so that we can steal the content without paying for it, and before you know it, the content will be removed, and the publishers will never trust the users any more.
(slightly tongue in cheek)
I'm sick of wanting interesting and new content services, only to find that as soon as somone tries to do such a thing, using DRM as the "protection", that everyone gets in a huff at the mere mention of the work DRM (oohmigosh they are restricting _our_ rights
Options usually vest over a number of years, so while they may be worth a paper-$1m, they're only going to see real-$1m if (a) they keep working hard/smart enough to keep the paper-value high, (b) they keep working long enough to cash in the paper-value to get real-value.
This is exactly what options are designed to do!
With regard to "brain drain", for a company like Google, it would have people champing at the bit to work there: so any lost talent is easily replacable with new hires, if they keep standards up in the hiring process. And, it's good to have fresh talent come in over time to keep revitalising the place.
Finally, as others have mentioned, many of these types of people actually like what they are doing. I can tell you that if I were a millionaire, I'd live a nice lifestyle, but I'd still be pottering around on code or doing something creatively interesting -- (a) because that's what I like to do, (b) I'm just not the type of person to laze around doing nothing.
There are _many_ examples of serial millionaries and creative types who do what they do because they love the creative elements.
Single section wallet and integrated key holder: just enough to fit 4-5 credit cards and cash, plus 2-3 keys.
Don't forget that all techies need tools: I suggest a keychain size swiss army knife from victorinox (but, don't try to carry it onto a plane), and I never leave home without a SwissCard (http://www.victorinox.com/newsite/en/produkte/pr
This is the biggest secret out there, you can pick up old notebooks of decent speed (sub 200mhz, 586, 64-96mb ram, etc) and use it as a gateway, the benefit is:
- low power, low noise, low cost, small form factor;
- cheap, get them for sub $50 or free - nobody wants them;
- built in UPS (i.e. the notebook battery);
- simply install good firewall OS (OpenBSD);
- plug pcmcia wireless in the side (take your pick: 802.11b, b+, g
- use spare pcmcia slot for modem card to provide backup connectivity, or use it for fax server and even for voice mail / phone system (i.e. asterisk)
- use the USB slot for cheap-o USB DSL modem (e.g. accessrunner, etc)
The real benefit is that you can just upgrade parts of it as necessary (e.g. all the suckers on 802.11b DSL gateways are hosed while you just buy a new 802.11g card, install it, and throw the old one away), and of course, you get the confidence in a bullet proof system (e.g. OpenBSD).
Seriously, you'll get years of mileage out of it -- much more than a "closed" DSL gateway, you'll get better performance and functionality, all at a cheaper price.
There is no contest, you need a VIA EPIA, running at 533 or 800mhz, which may not sound like a lot, but it is perfectly acceptable for a home server, and more powerful than the soekris or other kits you'll hear of. You can get higher grunt power if you want, but it'll be an overkill.
If you buy a pre-build kit from mini-itx (www.mini-itx.com), it's all you need: comes in a DVD/VCR size box, has a CD-ROM, HD, etc with a single PCI slot that easily fits an 802.11 card, and you can just plug a USB DSL modem into the back, and a hub into the 100mb LAN port - plug a printer into the parallel or USB port, and it's also your print server. Run an entire home network kit (samba, etc) easily. How do I know? Because I did this for over a year.
In terms of cost, power consumption is fantastic: the power supply for the mini-itx is only 70W max to start with, and typically your box will idle at low CPU and with drive inactive, it reportedly draws no more than 5-7W idle power -try doing that with a full scale PC.
It does have a case-fan, but I've found that you can disable the case-fan without a problem -- meaning you get totally quiet operation. Did I mention that is only the size of a VCR/etc, so can in a cupboard or out-of-the way.
Seriously, anything else is an overkill on all fronts. We previously used ours in a small apartment, serving a 2.8ghz dell desktop and a couple of wireless laptops, all at 1mbs DSL 24/7. Absolutely fantastic.
You can either buy a pre-built kit, or a pre-build (where you need to plug everything together -- you'd have to be reasonably incompetent if you couldn't do this).
"According to the letter of the statute, I suppose you're right,"
I know I am right.
"(A) time shifting"
This is allowed, and in some countries (e.g. UK) codified in statutory law rather than just relying on case law precedence.
"(B) personal use backups"
This only applies to computer software, not digital media.
"(C) format shifting"
This does not apply, other than where format shifting is necessary part of using the work (i.e. conversion from MP3 codec into digital bits for the transducer in the speaker), and not where it starts to constitute a new work, or a new economic use for the work (e.g. format shifting from a CD to MP3 to use on your MP3-walkman).
``Seems like it falls under fair use, but depending on who you ask and what time of day it is, it may not be. So be smart. We don't think recording a DVD for personal use you own to a device you own should ever be considered illegal, but these are odd times folks and we're not giving you legal advice.``
...).
Just to be clear: this is not legal according to statutory copyright law, and it is unlikely that the DVD license gives you permission to do it. It would be really nice if it _was_ legal, but unfortunately it isn't. Whether you'd get caught is another issue (considering how many people transcode CD's to MP3 for personal use
Get a grip -- anyone reading this that has worked with a complex software product can tell you that these sorts of upgrades inevitably involve gitches -- even more so where the vendor (Microsoft) isn't able to test all possible operating scenarios (i.e. combinations of vendor hardware and software).
You'd be an idiot to think that with the size of SP2, that it would install on hundreds of millions of different computers without some gitches.
The fact that there is such an easy work around (i.e. driver rollback) says much to the credit of the O/S. How many Linux or other operating system upgrades would allow you to roll back discrete components (e.g. individual drivers, resource managers, etc)?
I do agree that Microsoft could be more aggressive with addressing security issues.
Take a balanced view folks!
"Over the next 50 years, unless renewable, portable fuel (e.g. fuel cells together with solar or nuclear electrolysis plants) become insanely cheap"
Why do you say "unless": it seems quite clear to most people that fuel cell technology is likely to succeed (where others, e.g. electricity and vegetable oils have failed).
"This is not engineering, but accounting/marketing interference with Engineering at it's best."
You're a useless idealist; engineering is a _practical_ discipline, and that means working with commercial constraints, including cost and so on.
"Some bean-counter along with a marketoid came along and told the engineering team to reuse the old crap because they didn't have the budget (accounting) and time (marketing) to do a good job in the first place."
Learn something about the real world: engineering isn't this magical place that dictates what the technical solution should be, irrespective of cost and risk and tells accounting and marketing to live with the result. If it worked this way, the VP, managers and PM's would lose their jobs for failing to act realistically and company would go broke for throwing unrealistic amounts of money into a project that never returns profit.
In a real company, everyone works together for the sake of the outcome: i.e. the project. The projects don't always have a open-ended cost sheet, nor an infinite amount of time to reinvent the wheel.
You obviously haven't taken Engineering degree.
2000: Qantas Airlines' slogan "Spirit of Australia" coincidentally sounds like games slogan "Share the spirit" to chagrin of official sponsor Ansett Air
Anyone who has lived in Australia can tell you that Qantas has used "Spirit of Australia" as an advertising slogan for at least 20 years or more. Not only that, but Qantas is one of those "grand old lady" organisations who don't stoop to any type of advertising/marketing "tricks". The reporter has actually made a mistake with this choice of example, because if anything, it would be Ansett with the wrongdoing here.
"Sounds like a pretty crappy design decision to me."
You don't understand Engineering do you?
The design solution to a problem is about getting the best time, cost, risk and other constraints satisfied in the most optimal way possible. It may be lower risk to emulate an old processor than to port and regression test legacy code.
The best technical solution can often be the worst engineering solution, taking into account other cost and risk factors.
Those are not "good ways", they are impractical ideas that would never work. You don't live in the real world do you?
This machine isn't in production any more, but it's actually a perfect notetaking computer: runs off AA batteries, has a small touch screen allowing stylus drawing, and a clamshell design with a workable keyboard -- documents can be translate to/from PC and a CF slot provides additional storage. It powers on and off instantly, and is small and portable. There's even a browser, email and other network tools, plus the inbuilt IrDA allows SMS/data interface to a mobile phone.
You can pick up second hand 5mx's for a good price, probably no more than 150$USD.
What I say is from actual experience because I used a s5 take notes for my degree over 2 years. Other similar form factor PDA's are impractically designed for this purpose, as are larger and more clunky notebooks. The s5 was perfect, and many other students commented on how neat it was. I carried it around in a small A5 sized carry case -- fitted easily in my bag, or I could carry it by hand (fantastic when you go for lunch/dinner/pub after class and can hold the carry case in your hand when you go to toilet/etc -- no concerns about expensive notebook being stolen).
If I were a student again: I would use a psion for class and library use, and have a notebook at home for serious work (i.e. assignments/etc) - sometimes necessary to take the notebook into class or library, but rarely.
It's a real shame the psion series 5 was stopped: it has a very definite market space for this type of activity.
"There's a reason nobody runs client-server. Desktop systems with fast processors are just too cheap."
You are confusing "big" and "small" client/server: there's still plenty of case for client/server in a single computer with multi-processor, especially by separation of concerns between the CPU and GPU with offloading. Don't just think that client/server principles apply to the inter-computer, it's also intra-computer.
"Even though it's highly likely it was unenforcable (restraint of trade and all that... despite what some posters have implied these kind of contracts get voided all the time) I crossed out the offending paragraphs before sending it back. Never heard a whimper out of them."
While it is true that there are some overzealous contracts out there that have unenforceable terms, it is also true that non-complete clauses have been enforced against employees (in some cases where employees have really abused employer's commercial confidentiality).
Please don't give the impression that these clauses can "just be ignored", because some poor slashdot reader may just do that any find themselves on the end of a lawsuit.
If you are going to play with the big boys (i.e. legal contracts) then try knowing what you are doing, otherwise you're just asking for trouble.
"... You both are wrong. There is a decision from the European Court declaring ... "
...
... which indicates that you don't understand contract law 101, making it questionable that you understand advanced EU law. Very funny.
You suggest you know something about EU court decisions, but
then you state
"(There is another argument why those clauses are void: As soon as your contract ends, all clauses within the contract end too. All your former company has to enforce certain things to you are laid down in law, not in contract.) "
The employment contract is not a contract that starts on the day you enter the workplace, and stops on the day you leave the workplace -- the length of the contract is entirely determined by the clauses in the contract, so if your contract has a clause that says "non-complete" for 3 months beyond your service, then that clause of the contract is still valid for 3 months beyond your service.
If you are going to talk like you know something about law, but you aren't actually trained in it, try an "IANAL" line.
We're supposed to be the insightful techies here, but obviously most people missed the cluetrain on this one:
The issue with WAP was never with the protocol itself, it was with the uselessly small LCD interface on phones that made it clunky and entirely non-user-friendly, not to mention the poor transport layer.
The standard 2004 digital mobile phone has larger and more useful display and keyboard interface, not to mention higher datarates thanks to GPRS -- meaning that any protocol (not just WAP) is far more useful.
I'm sure if you look at the statistics, you'll find that not only has WAP usage increased, but so has that of other features commensurate with the better phone UI.
In the UK such contractual clauses are explicitly null and void: it's called restraint of trade
You are completely and utterly wrong. The circumstances in the UK are similar to most of the rest of the western modern world: appropriately scoped non-compete agreements are allowable and enforceable. What "appropriatley scoped" means all depends upon the circumstances and nature of the work, but for R&D employees working on new technologies, 12 months is not uncommon.
C'mon! I'm waiting for the usual highly moderated
It's clear that you are not a lawyer - because Katie has rights even though she does not have a registered trade mark. If this were not the case, people could just come along and register existing trade names and then sue a long standing owner.
In fact, Katie has a potential case against the publisher for negligence: the actual damages caused to katie.com seem to me to be forseeable, proximate and resulted in actual damage. The publisher is negligent for not doing its due dilligence.
Example from older project: developed module/stress/unit test frameworks for my components, including self-built re-usable testing classes and frameworks: allowed me to easily create (in the unit tests) instantiations of the entire component, either with dummy test data, or with component parts replaced by stimuli/receptor/emulator/test code.
Not only that, entire set of test code (larger than the code in the actual module
The proof of the value of this:
1. components were near stress bullet-proof;
2. faults from the field could be easily reproduced and proven by building a new test case/verify into the framework;
3. occasional upgrades of base system or third-party libraries or O/S or compiler caused tests to fail on the daily build because of some now-invalidated assumption -- better to find this out on the daily build than further down in QA where it gates the release, or even worse, on the customer site.
This type of measurement is simplistic and poor: it fails to take into account the functional density of the languages. For example, in one line of perl, you can do what takes ten lines of C/C++ -- especially considering that this is one of perl's raison d'tre.
The measurements really should be multi-dimensional:
- lines of code
- number of projects
- number of files
- number of modules (classes, namespaces, etc)
- statement density (e.g. per-language primitives: while, for, @, ->,
I mean, for all the FUD over how software patents "might impede FOSS", the reality is that FOSS has been doing fantastically well for the last many years, despite the presence of software patents.