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User: harl

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Comments · 1,262

  1. Re:Retarded on Don't Like EULAs? Get Your Cat To Agree To Them · · Score: 1

    This is simply wrong. Please read ProCD v Zeidenberg. EULA are binding legal contracts in the USA.

  2. Re:No it wouldn't on Draconian DRM Revealed In Windows 7 · · Score: 1

    Exactly.

    We're only a 600 box shop and we do the exact same thing.

    We can keep using it until Microsoft refuses to take our money.

  3. Re:No it wouldn't on Draconian DRM Revealed In Windows 7 · · Score: 1

    You're comparing apples and oranges.

    Vista failed because there was no reason to use it. There were no new features. Deploying a new OS is hard. The logistics of deployment is hard. Are there drivers for all our hardware? Do we support 2 OSes, one for old boxen and one for new boxen. It generates a ton of helpdesk calls because of changes. For all this headache Vista offers almost no new functionality. The desktop group here identified exactly zero new features that would benefit us. If I remember right they called it a new paint job with lots of call generating popups. That's why it failed.

    Large IT departments at best don't care about DRM. At worst they want the DRM so their users aren't doing non-work things.

    There will be no boycott. No outrage. DRM will not figure into adoption by large IT shops.

  4. Re:User Content - definition? on Facebook's New Terms of Service · · Score: 1

    EULA is a binding legal contract in the USA. The case was ProCD v Zeidenberg

  5. Re:Current users? on Facebook's New Terms of Service · · Score: 1

    Depends. The TOS is a legal binding contract. If they said they can change it in the TOS then you agree they can change it.

  6. Re:This is GREAT for bittorrent on Researchers Warn of Possible BitTorrent Meltdown · · Score: 1

    I've found it to be highly dependent on the file. You can't grab any file and expect it to work. It has to be a popular file and I find that large files help. If the file is to small the file can be completed before the client ever asks you.

    Newness has nothing to do with the file. I'm still seeding a file I downloaded over a year ago. It's 26 GB and there are always 2-6 people downloading it.

    Also remember uploads while you yet to have a complete file also count toward ratio even though I've had some bt clients that didn't track that.

    Regardless this problem is a boon for private trackers not a bane. If a user can't get to .3-.4 out of the gate then you likely don't want them in the community. Once you have a decent ratio it keeps people on the tracker because it becomes very hard to fall back down. Thus they stay and are active in swarms. Remember bt is like the economy. If you're not moving all the bits around it falls apart.

  7. Re:Hard Drive Encryption - Theory vs. Reality on How To, When You Have To Encrypt Absolutely Everything? · · Score: 1

    Biometrics is completely unable to deal with an exploit. How do you change your password once it's been compromised?

    Sure your access will be cut off but what happens next time you need to use biometrics? Get a new set of eyes or finger prints?

  8. Re:EULAS on Will the FTC Target EULAs Next? · · Score: 1

    EULA's are not very enforceable: users don't agree to them and they are contracts of adhesion.

    The 7th Circuit Court disagrees with you. Please read ProCD v Zeidenberg and Blizzard v bnetd (may not be 7th circuit).

    No papers are signed, both parties do not generally agree, and they are filed with unconscionable statements.

    It's impossible for an EULA to be unconscionable since it is a luxury good. It is completely declinable. There is no harm in declining it. Impossible to meet the test.

    Almost all EULAs claim to limit users right to resell the software, however this is unenforceable due to the First-sale doctrine

    First sale doctrine does not apply. You signed a legal contract agreeing that you did not own these things and that you were renting access to a service. No ownership no doctrine.

    Copyright gives sole right to its holder the right to create copies of works, however it does not allow that holder to control what their work is used for after it has been purchaced. (besides having purchasers not make more copies of it)

    Completely true. Which is why they have you sign the contract(EULA) which allows them to make these restrictions.

  9. Re:Legal? on Will the FTC Target EULAs Next? · · Score: 1

    According to Blizzard v bnetd they have to provide a refund if you decline the EULA.

  10. Re:Legal? on Will the FTC Target EULAs Next? · · Score: 1

    You are completely wrong. EULA have been tested in court in the USA. They are binding legal contracts. The case is ProCD v Zeidenberg.

    If you don't like the EULA then you can return the product for a refund. That was Blizzard v bnetd I think.

  11. Re:Doesn't matter. on Judge Rules WoW Bot Violates DMCA · · Score: 1

    I said what I said. Ink, tape, and gummybears are all circumvention devices.

  12. Re:Doesn't matter. on Judge Rules WoW Bot Violates DMCA · · Score: 1

    According to the DMCA ink, tape, and gummybears are all circumvention devices as they've been used to bypass access control.

  13. Re:Wow on Keanu Reeves To Star In Cowboy Bebop · · Score: 1

    This is normal in any translation. Dub or sub. When I was living in Japan I loved reading the subtitles on American movies because it was a second movie with a different plot.

  14. Re:RIAA seeks $1 million for seven songs on RIAA Hearing Next Week Will Be Televised · · Score: 1

    Welcome to giving corporations the same rights as people.

  15. Re:RIAA seeks $1 million for seven songs on RIAA Hearing Next Week Will Be Televised · · Score: 1

    Because that's what the laws says the punishment is.

    Contact your members of Congress. They're the ones who made it a million for 7 songs.

  16. Re:Monkey on New York Bill Aims To Restrict Games Containing Profanity · · Score: 1

    That's a lie. No one was ever hurt before TV was invented.

  17. Re:Monkey on New York Bill Aims To Restrict Games Containing Profanity · · Score: 1

    Don't forget the mid to low level hysteria of the 80s, 70s, 60s, 50s, 40s, 30s.

    It's a combination of factors.

    Old people are scared of new things.
    A small number of kids do bad things and make the news.
    Media sensationalizing the effectively zero cases that happen.

    Stop and think about how many people have been killed by people emulating wresting? I can only recall one or two, ever. How many video game deaths? Orders of magnitude more die from lighting each year. Then let's step it up a notch and look at how many die from cars. 40 or 50 thousand a year in the states. We have some fucked up priorities.

    Also don't forget NY tried this once already and was beat the fuck down by the courts immediately.

  18. Re:Ouch on South Carolina Seeking To Outlaw Profanity · · Score: 1

    Similar law in Michigan was struck down in 2002.

    http://articles.latimes.com/2002/apr/02/news/mn-35828

  19. Re:Ouch on South Carolina Seeking To Outlaw Profanity · · Score: 2, Insightful

    He wasn't abusing the cop. He didn't swear at the cop he swore in the presence of a cop. Two very very different thing.

  20. Re:Ouch on South Carolina Seeking To Outlaw Profanity · · Score: 1

    So if the laws offends you . . .

  21. Re:guns on Halo 3 Criticized In Murder Conviction · · Score: 1

    Switzerland is counter evidence to your point. Huge shooting history. Huge gun ownership. Less gun control than parts of the States. Yet not a huge firearm death problem.

    Blame people. Blame culture. But don't blame the gun. It's an emotional fear response. The gun is an inanimate object. It can't hurt you.

  22. Re:60 cups on 3 Cups of Coffee Increases Hallucinations · · Score: 1

    You don't drink alcohol? Have never taken medicine? Don't consume caffeine/tea/energy drinks/soda? Don't eat food?

    You take lots of drugs. You just stick to the taxable ones.

  23. Which are my real friends on 3 Cups of Coffee Increases Hallucinations · · Score: 4, Funny

    Great now I have to figure out which are my real friends and which ones I'm making up.

  24. Re:Crazy people do crazy things. on Halo 3 Criticized In Murder Conviction · · Score: 1

    I agree that Halo is not to blame here, but be careful what you're arguing against. The way you put that first line games like GTA can still take blame for real-world crime and violence.

    I disagree with your caution. Acting like something does not make you something. If that were the case everyday children pretend games, cowboys and indians, cops and robbers, army, would end horribly.

    A healthy person can pretend to be whatever they want because they understand what pretend means. Your warning is predicated on the belief that people do not have free will and I just don't agree with that.

    This is same bullshit rock and roll went through. The exact same. Every media form goes through it.

  25. Re:guns on Halo 3 Criticized In Murder Conviction · · Score: 1

    The facts of the case contradict your point. The murderer only killed one. He shot his father in the head but failed to kill him.