Erm, a book is licensed too. You don't, for example, have the right to make a copy of the whole book. But you are granted all rights but that.
And with software, you say you already own the damn thing, which is not correct. You already have purchased a license to use the damn thing.
But then, you know, in most cases all the freaking EULA does anyway is reiterate crap you already knew ("you may not copy this software" - well, DUH!). I have yet to see (apart from that clause in Vista's EULA - which actually according to Paolo from Microsoft means that you aren't allowed to run the same copy of Windows as a guest where it is also installed as the Host OS, which is pretty "well, DUH!" anyway) any EULA which tries to remove a right other than the inevitable warranty disclaimer.
I would be interested in seeing some of the more bizarre EULA clauses, so if you have any examples to share, please do. (I think the most bizarre ever seen so far was the clause in a PC Pit Stop program's EULA which stated that if you read the clause you were eligible to receive a monetary prize if you were the first to simply email such and such an email address - it took four months for someone to claim the prize).
I think I recall seeing an instance of an EULA held up in court, so very much not irrelevant. But of course provided those extra installs are just for backup and not actually used, I don't think anyone cares (least of all Microsoft).
Windows has always been a guest OS - on top of DOS. =) Wrong. Windows NT does NOT run on DOS, it has it's own Kernel (this might be OS/2 based, but I am not certain of the origins of the NT kernel). This includes: NT 3.51, NT 4.0, Windows 2000, Windows XP, Windows 2003, Windows Vista. Windows 3.11, 95, 98 and Millenium you are correct for, of course.
This is not true. A contract can be considered conditional, in that you can execute provisions of it BEFORE signing it (example, my contract with my employer is required to be returned to them 10 days after my start date. Basically, I begin work with them before returning the contract - during this time I have the right to terminate the employment without notice and be paid pro-rata for the work done over this period). An EULA is similar to this. I can choose to reject the EULA, and return the software for a full refund. If the store says you cannot do this, feel free to quote the EULA which issues the explicit right to return the software for a full refund (I am tempted to test this with a copy of the new Battlefield from EA - I'm pretty sure I would find the EULA on that piece of spyware disagreeable)
Really? I haven't reinstalled Windows Server in three years, it runs no antivirus (and has no viruses) and no anti-spyware (and has no spyware) - but then it's Windows Server. It's designed to "just work" (with administration limited to creating users and the like).
My XP machine, that hasn't been reinstalled in one and a half years. Same as the server box. Explain THAT.
Singularly unimpressive, the Vista box hasn't been reinstalled in two months. But compared to Windows ME, that's actually a legendary timeframe.
This is not correct. Unless it is one of the Student editions (is this license only available for Office?) - not Academic; student - which allows up to three installs on three machines but one user, you are only licensed for one installation so you cannot install on two virtual OR real machines.
Sorry, you don't own the copyright on the money. You'll need to contact your local government and request an extension to (or the release into the public domain of) the license on your money. After all, you don't own your money, you merely own a license to use it.
Incorrect. The software also includes the explicit statement that should you not agree with the license agreement, then you are permitted, nay obligated, to return the software to the point of sale for a complete refund. The software includes the explicit clause that it is licensed, not sold, and that your license is dependent on your compliance with the license agreement. It also (for completeness) has a clause allowing parts of the agreement to be dissolved without invalidating the remainder should local law require it, so your miles may vary.
I'm not quite sure what you're talking about. In this case, you can use your existing version of the app without the new license. In your other example you can just turn on Automatic Updates and you get all the patches! No WGA needed!
Aye, but the 8.5 million includes overseas (Europe, China) accounts. Remember, in China they pay by the hour (a few cents per hour) not by the month (and are restricted to four hours per 24 hour period of play time). It also includes the people who aren't paying because they recruited a friend (this gets you a free month per friend - heh, this may even be how gold sellers have so many accounts). It may (not sure here) also include the accounts which are free due to being employees, family, or friends of employees of Blizzard.
Bad maths there. The majority of their subscribers are from the China region. In China, their subscribers do not pay a monthly fee, they pay hourly at a rate much cheaper than in the US. Also, people who pay for larger blocks at a time (i.e. 6 months subscription prepaid) pay less (as little as $12 per month) than those paying monthly (at $15 per month). Also bear in mind that at any given time, a bunch of the players could be on a free subscription (Recruit a Friend for example) which reduces revenue.
I assume *something* is in the running *somewhere* to compete with Hellgate coming out some time this year or next.
But I assure you, they have planned at LEAST three more WoW expansions. And Starcraft II is "indefinitely postponed" (IGN translated that as cancelled. I believe IGN).
Or I can also get copies of the songs for Guitar Hero 2 for the 360, in groups of 3, at the low low price of OVER DOUBLE WHAT iTUNES CHARGES. Get serious. No go. I would be questioning a $1 price. This is insane. How about you let me stick my LEGAL, PURCHASED copy of the game in the drive and play the songs off it or copy them to the hard drive so I can play them? Sell me a $10 unlocker that lets me do this.
I'm confused. You can already stick your legal purchased copy of GH2 in the drive and use the music from it. They're not trying to sell you that. Oh, unless you're referring to your legal purchased copy of GH1... yeah. No, I really don't think the Xbox360 is ever going to be able to read Playstation 2 discs, and stop your bitching because I don't think that Microsoft can do crap all about that.
Once again, it's not old content. The contracts have to be renegotiated on a new platform, and it's also involving digital distribution, so there's a lot of things involved.
Why are there a lot of things involved? And what "things" exactly?
Look. The whole point to the music business is to get the music to the consumer. This makes it sound like they're falling over themselves to keep it from me. I have the version of the game this music is coming from. I have already paid them their extortion money. Why do I have to pay them even more now? Because the toy I'm playing it on is different?
I call bullshit.
No, you mistake the point of the music business. The point of the music business is to make the consumer pay as many times as possible for the same music. This certainly meets that agenda. Clearly you have never heard of the RIA* (the * is because the Recording Industry Associations in every country seem to act exactly the same, not just RIAA)
Bzzzt. Wrong. The current XB360 supports playing off a USB attached iPod via the (free) "Optional iPod Support" download from Marketplace. It can also (out of the box) play from a USB attached Sony PSP even.
You should be aware that since then, Xtra has dropped the plan, and there are no "unlimited" plans any more. Also note that you are in fact wrong when you say "no limits" as there is the mighty Traffic Management Policy in place - where any Peer to Peer traffic is de-prioritized at all times (supposed to only be at peak times).
I like my ISP better, personally. Unconstrained (line capacity speed - about 2.8Mb/s where I live) download, with 15GB limit and $10 per 5GB block after that. No traffic management (except that Peer to Peer may be deprioritised if the network begins experiencing dangerously high loads).
Because the RIAA holds no jurisdiction in the EU anywhere, and are not the licensor of the music in the EU anyway. Just like here in New Zealand, RIANZ (or Recording Industry Association of New Zealand) is the licensor of music and RIAA is just an evil overseas entity we don't need to care about. In the UK, it would be the BPI - or British Phonographic Industry. In Australia, it's ARIA (Australian Recording Industry Association).
The EU has as much power over the RIAA as the RIAA has over the EU. Which is to say, none.
It's deliberate. When idling, Windows Vista uses the RAM (which, by the way, isn't being used for anything else after all) to cache the most frequently used applications. This allows apps to start from idle much faster.
Yes. But the reference on the root servers to the authoritative server for a domain might just vanish. Though I don't see how that would work, since quite a few of the root servers are outside US jurisdiction.
Well, if they've redirected DNS for that domain to their own servers, they just install an SSL certificate (no doubt signed by Verisign China, or some other local subsidiary of a trusted root). Wow, just like how you legitimately do it!
80% of the players? No, I don't think that's the case. I know of far fewer AAC supporting brands than WMA supporting ones. And, just as an aside, AAC is also supported by Microsoft devices. Don't know about Sony though.
This is wrong. The Windows Media format is actually the MOST compatible, working with far more devices than AAC at present (though this will possibly change over time). What is possibly more likely is that you will soon be able to download in multiple formats on content where DRM formats are not mandated.
Personally I'm more astounded that our local music download site now offers WMA Lossless format. For the same price as 128Kb/s (HEAR THAT APPLE?!?)
Though you're right, I'm just pointing out that the two examples don't really relate - as although both are technically illegal, TurnItIn goes one step further by not offering a way to stop the offending behaviour either before or after the fact. Google's brand of evil is a little different in that they say "hey, we don't respect your copyrights, but we'll take down your content if you ask us" (counting on the DMCA safe harbour provisions to protect them, presumably). TurnItIn just says "hey, we don't respect your copyrights, piss off".
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Erm, a book is licensed too. You don't, for example, have the right to make a copy of the whole book. But you are granted all rights but that.
And with software, you say you already own the damn thing, which is not correct. You already have purchased a license to use the damn thing.
But then, you know, in most cases all the freaking EULA does anyway is reiterate crap you already knew ("you may not copy this software" - well, DUH!). I have yet to see (apart from that clause in Vista's EULA - which actually according to Paolo from Microsoft means that you aren't allowed to run the same copy of Windows as a guest where it is also installed as the Host OS, which is pretty "well, DUH!" anyway) any EULA which tries to remove a right other than the inevitable warranty disclaimer.
I would be interested in seeing some of the more bizarre EULA clauses, so if you have any examples to share, please do. (I think the most bizarre ever seen so far was the clause in a PC Pit Stop program's EULA which stated that if you read the clause you were eligible to receive a monetary prize if you were the first to simply email such and such an email address - it took four months for someone to claim the prize).
I think I recall seeing an instance of an EULA held up in court, so very much not irrelevant. But of course provided those extra installs are just for backup and not actually used, I don't think anyone cares (least of all Microsoft).
This is not true. A contract can be considered conditional, in that you can execute provisions of it BEFORE signing it (example, my contract with my employer is required to be returned to them 10 days after my start date. Basically, I begin work with them before returning the contract - during this time I have the right to terminate the employment without notice and be paid pro-rata for the work done over this period). An EULA is similar to this. I can choose to reject the EULA, and return the software for a full refund. If the store says you cannot do this, feel free to quote the EULA which issues the explicit right to return the software for a full refund (I am tempted to test this with a copy of the new Battlefield from EA - I'm pretty sure I would find the EULA on that piece of spyware disagreeable)
Really? I haven't reinstalled Windows Server in three years, it runs no antivirus (and has no viruses) and no anti-spyware (and has no spyware) - but then it's Windows Server. It's designed to "just work" (with administration limited to creating users and the like).
My XP machine, that hasn't been reinstalled in one and a half years. Same as the server box. Explain THAT.
Singularly unimpressive, the Vista box hasn't been reinstalled in two months. But compared to Windows ME, that's actually a legendary timeframe.
This is not correct. Unless it is one of the Student editions (is this license only available for Office?) - not Academic; student - which allows up to three installs on three machines but one user, you are only licensed for one installation so you cannot install on two virtual OR real machines.
Sorry, you don't own the copyright on the money. You'll need to contact your local government and request an extension to (or the release into the public domain of) the license on your money. After all, you don't own your money, you merely own a license to use it.
Incorrect. The software also includes the explicit statement that should you not agree with the license agreement, then you are permitted, nay obligated, to return the software to the point of sale for a complete refund. The software includes the explicit clause that it is licensed, not sold, and that your license is dependent on your compliance with the license agreement. It also (for completeness) has a clause allowing parts of the agreement to be dissolved without invalidating the remainder should local law require it, so your miles may vary.
I'm not quite sure what you're talking about. In this case, you can use your existing version of the app without the new license. In your other example you can just turn on Automatic Updates and you get all the patches! No WGA needed!
Aye, but the 8.5 million includes overseas (Europe, China) accounts. Remember, in China they pay by the hour (a few cents per hour) not by the month (and are restricted to four hours per 24 hour period of play time). It also includes the people who aren't paying because they recruited a friend (this gets you a free month per friend - heh, this may even be how gold sellers have so many accounts). It may (not sure here) also include the accounts which are free due to being employees, family, or friends of employees of Blizzard.
Bad maths there. The majority of their subscribers are from the China region. In China, their subscribers do not pay a monthly fee, they pay hourly at a rate much cheaper than in the US. Also, people who pay for larger blocks at a time (i.e. 6 months subscription prepaid) pay less (as little as $12 per month) than those paying monthly (at $15 per month). Also bear in mind that at any given time, a bunch of the players could be on a free subscription (Recruit a Friend for example) which reduces revenue.
I assume *something* is in the running *somewhere* to compete with Hellgate coming out some time this year or next.
But I assure you, they have planned at LEAST three more WoW expansions. And Starcraft II is "indefinitely postponed" (IGN translated that as cancelled. I believe IGN).
Or I can also get copies of the songs for Guitar Hero 2 for the 360, in groups of 3, at the low low price of OVER DOUBLE WHAT iTUNES CHARGES. Get serious. No go. I would be questioning a $1 price. This is insane. How about you let me stick my LEGAL, PURCHASED copy of the game in the drive and play the songs off it or copy them to the hard drive so I can play them? Sell me a $10 unlocker that lets me do this.
I'm confused. You can already stick your legal purchased copy of GH2 in the drive and use the music from it. They're not trying to sell you that. Oh, unless you're referring to your legal purchased copy of GH1... yeah. No, I really don't think the Xbox360 is ever going to be able to read Playstation 2 discs, and stop your bitching because I don't think that Microsoft can do crap all about that.
No, you mistake the point of the music business. The point of the music business is to make the consumer pay as many times as possible for the same music. This certainly meets that agenda. Clearly you have never heard of the RIA* (the * is because the Recording Industry Associations in every country seem to act exactly the same, not just RIAA)Why are there a lot of things involved? And what "things" exactly?
Look. The whole point to the music business is to get the music to the consumer. This makes it sound like they're falling over themselves to keep it from me. I have the version of the game this music is coming from. I have already paid them their extortion money. Why do I have to pay them even more now? Because the toy I'm playing it on is different?
I call bullshit.
Bzzzt. Wrong. The current XB360 supports playing off a USB attached iPod via the (free) "Optional iPod Support" download from Marketplace. It can also (out of the box) play from a USB attached Sony PSP even.
You should be aware that since then, Xtra has dropped the plan, and there are no "unlimited" plans any more. Also note that you are in fact wrong when you say "no limits" as there is the mighty Traffic Management Policy in place - where any Peer to Peer traffic is de-prioritized at all times (supposed to only be at peak times).
I like my ISP better, personally. Unconstrained (line capacity speed - about 2.8Mb/s where I live) download, with 15GB limit and $10 per 5GB block after that. No traffic management (except that Peer to Peer may be deprioritised if the network begins experiencing dangerously high loads).
Because the RIAA holds no jurisdiction in the EU anywhere, and are not the licensor of the music in the EU anyway. Just like here in New Zealand, RIANZ (or Recording Industry Association of New Zealand) is the licensor of music and RIAA is just an evil overseas entity we don't need to care about. In the UK, it would be the BPI - or British Phonographic Industry. In Australia, it's ARIA (Australian Recording Industry Association).
The EU has as much power over the RIAA as the RIAA has over the EU. Which is to say, none.
It's deliberate. When idling, Windows Vista uses the RAM (which, by the way, isn't being used for anything else after all) to cache the most frequently used applications. This allows apps to start from idle much faster.
Yes. But the reference on the root servers to the authoritative server for a domain might just vanish. Though I don't see how that would work, since quite a few of the root servers are outside US jurisdiction.
Well, if they've redirected DNS for that domain to their own servers, they just install an SSL certificate (no doubt signed by Verisign China, or some other local subsidiary of a trusted root). Wow, just like how you legitimately do it!
80% of the players? No, I don't think that's the case. I know of far fewer AAC supporting brands than WMA supporting ones. And, just as an aside, AAC is also supported by Microsoft devices. Don't know about Sony though.
This is wrong. The Windows Media format is actually the MOST compatible, working with far more devices than AAC at present (though this will possibly change over time). What is possibly more likely is that you will soon be able to download in multiple formats on content where DRM formats are not mandated.
Personally I'm more astounded that our local music download site now offers WMA Lossless format. For the same price as 128Kb/s (HEAR THAT APPLE?!?)
And again, we don't license food products in this country. There's nothing to revoke.
Erm, we don't license food products here. Nothing to withdraw.
Though you're right, I'm just pointing out that the two examples don't really relate - as although both are technically illegal, TurnItIn goes one step further by not offering a way to stop the offending behaviour either before or after the fact. Google's brand of evil is a little different in that they say "hey, we don't respect your copyrights, but we'll take down your content if you ask us" (counting on the DMCA safe harbour provisions to protect them, presumably). TurnItIn just says "hey, we don't respect your copyrights, piss off".