Bingo - of all the nasty things wrong with the settlement, I chose to focus on that one in my comment. Specifically, how it would relate to Open Source software. For fun, here's what I wrote:
Comments about US v. Microsoft proposed settlement
I feel the remedies suggested by the proposed settlement do little to deter or punish Microsoft for actions and behaviors proven to be anticompetitive and illegal. Most egregious in my mind, however, is the position Microsoft will be in to stifle and lock out the Open Source movement.
As a developer of Internet solutions, I am quite familiar with the long and brutal conflict between Open Source tools and Microsoft tools and the gulf created between the two camps. Microsoft has been making steady inroads to the server and Internet markets simply by the virtue of their monopolistic position. By breeding ubiquity in the desktop market, they have orchestrated lock-in to the server market using closed and inoperable APIs, proprietary protocols and (even worse) embracing open protocols and modifying them with non-open extensions. All of these tactics are designed to put third party, and specifically, Open Source tools at a disadvantage when used with their desktop systems.
The settlement stipulates that Microsoft open "the APIs and related Documentation that are used by Microsoft Middleware to interoperate with a Windows Operating System Product" (section D) as well as "any Communications Protocol that is,... (i) implemented in a Windows Operating System Product installed on a client computer, and (ii) used to interoperate natively... with a Microsoft server operating system product" (section E). Both sections are a step in the right direction and force Microsoft to allow independent developers the ability interoperate with Microsoft systems freely.
However, section J.2 limits this condition by requiring that for anything related to "anti-piracy systems, anti-virus technologies, license enforcement mechanisms, authentication/authorization security, or third party intellectual property protection mechanisms", a third party developer must meet these requirements in order to gain access to said information:
(a) has no history of software counterfeiting or piracy or willful
violation of intellectual property rights,
(b) has a reasonable business need for the API, Documentation or Communications
Protocol for a planned or shipping product,
(c) meets reasonable, objective standards established by Microsoft for
certifying the authenticity and viability of its business,
(d) agrees to submit, at its own expense, any computer program using such
APIs, Documentation or Communication Protocols to third-party verification
These conditions are applicable to businesses and for-profit entities, but specifically lock out any Open Source projects or anyone who does not have 'reasonable business needs'. Additionally, with Microsoft focusing on its new '.NET' strategy of distributed application programming, almost EVERY aspect of development will fall under 'authentication/authorization security' since almost EVERY aspect of the protocol, API or documentation will run across public, untrusted networks.
Given Microsoft's record of finding miniscule loopholes in past judgements and exploiting them to further their control and flout the law, this one strikes me as particularly onerous (not to mention ironic). It wouldn't surprise me to learn that Microsoft's complicity with this proposed settlement is based quite largely on the fact that.NET will make the entire thing moot on this point, and at the same time provide an absolutely crushing blow to the Open Source movement which they deem such a threat.
I sincerely hope that this settlement is rejected or at least amended to address these concerns. Thank you for your time.
I pay a surtax on CDs that goes to the music industry. By that basis alone, I believe I have the legal right to copy as much music as I wish.
I've been wondering about this a bit lately. The RIAA is pushing surtaxed CDs in the US onto manufacturers of comodity devices (CDtoCD recorders, et al). This is ostensibly done to provide a means to collect 'lost' revenue for the artist. I'm assuming that 'lost' revenue is coming from piracy.
I guess I'm unclear about which position the RIAA holds. Is copying a CD absolutely unallowable, or can I copy it if I pay the tax on the blank media? I think I'd be fairly happy to pay a nominial fee for my media if I were given carte blanche duplication capabilities.
So, RIAA, where do you stand. Am I never supposed to copy a CD, or are you going to go the path of blank cassette tapes? You can't continue this hypocrasy - either I can, or I can't copy. Make up your damned mind...
And 'only when I say you can' is not a valid answer.
According to the Title of the article on Newsforge,
Senator Fritz Hollings (D-Disney) avoids talking about SSSCA, he's a Democrat from the state of Disney?!
When did that happen? Talk about getting your moneys worth from your lobbying efforts... Not just protected by corporate statutes, but now they can elect their own government officials!
So, what's wrong with all the other national ID cards we carry around in our wallets? Social Security card not good enough? My drivers license not good enough? Passport? Credit cards? As if the government can't find out who I am using these 'old' methods.
Exactly what advantage does yet another card have? I'm sure they'll be just as easy to counterfeit as current identification methods...
It's not only the ability to be reached when away from your 'habitual locations' - but the ability to call out when away. I hated cell phones until I was forced to carry one and I had an emergency. For me, it's not being reachable, it's about reaching out.
There are exactly four people who have my cell phone number - my mom, my girlfriend, my business partner and me. Combined with SMS messaging and an email alias on my mail server, I'm always reachable, but I have the choice to call back if it's important. No ringing for me - just beeping.
Well, maybe if you want to know exactly what NOT to search for on gnutella. I caught the tail end of one of those promos last night on the TV - missed the first 26 seconds of it since I didn't bother to look at the screen due to bad music. Then they said 'Enterprise', I looked up - saw the logo. That's it.
Man, you know some marketing weenie messed up when the choice of song actually deters people from watching the commercials...
While I appreciate your candor in bringing scientific news to the British public, I must complain about the following misleading comment:
The late Dr. Dick Deslattes said something like, "If we ever have to communicate from afar with ET aliens..."
While it is obvious that we have mastered the art of communicating with the dead, it should not be difficult speaking with aliens or other silly people. Our resources would be better spent on hypnotizing bricks, building salons on Mount Everest and confusing cats.
the DVD licensing agreement prevents digital video connectors from being added to DVD players
Um - My DVD player (US$150 retail) has component video out. Purely digital to the TV. Digital audio out to the receiver. I can't see how your statement is true at face value. If there's more to it, speak up - otherwise, you're incorrect.
I know, I know - me too me too... but I've never actually seen anyone mention this one.
Stray Bullets by David Lapham is one phenominal book. The story arcs are fantasticly articulate, character development is deep and the art is great. And he pulls it all off in black and white using nothing but dialog and emotion. Highly recommended. I know he hates the comparison, but if you like Miller, you'll love Lapham.
For fun, there's a web site, but it doesn't seem to be serving at the moment. He's not really one to embrace this whole 'net comic thing anyway (to stay on topic).
Why don't I just put up a page of C++ source and tell people to "lynx -source http://code_url|gcc"?
Hey there - you're treading dangerously close to infringing on McAfee's patent.
Using a browser to download code that is then executed automatically on the client side could land you in court!
Ah - you almost brought tears to my eyes bringing up OLGA. What a sad travesty that was - and indeed, it was the first salvo. I remember thinking at the time how absolutely ludicrous EMI's accusations were. Now, well... That's par for the course.
However, OLGA doeslive on - and they are seeking support in order to stave off future legal bullying. In any case, I'm glad I don't have to pull out all the archives I 'backed up' before they went down...
I've been developing Web aplications on *nix for over 5 years - and have never liked using any of the GUIs available on *nix systems. I like the Mac interface - it really is the best around. But in order to fully satisfy myself in this respect, I've had to have (at least) two computers. Essentially, my Mac (cheap-o little iMac, BTW) acts as a GUI for all the *nix boxes I have running under my desk.
I've tried several things to get the machine count all the way down to one including installing LinuxPPC and running MOL (Mac On Linux - runs mac apps native. On a virtual terminal even). This almost works right, but there are issues with networking that make it more trouble than it's worth. Hell, I even blew up the ATI card in my iBook once with that setup. I gave up and went back to my 'dumb client' approach.
MacOS X will allow me to actually do this - all on one computer. The ability to work on an exact mirror of my development server in one self-contained machine is a true blessing.
Additionally, the development tools they're including for Cocoa/Carbon mean I can finally ditch that ancient copy of CodeWarrior I've been using for hobby projects. I can finally Carbonize my applications without trying to figure out which libraries are conflicting with CarbonLib this week...
While I do find merit in the ideas expressed in the article, I find it difficult to believe that all so called 'General Purpose PCs' will wither and die. If for only one reason - software development.
All of these new PC Appliances require software to be written for them in order to perform anything useful. Software development essentially requires the use of a 'general purpose' machine in order to target the multitude of platforms you are writing for. It really is the epitome of computer generalization, and as such will remain in strong demand as long as there is a need to develop software.
I really couldn't imagine having a 'Development Appliance' for development work since every developer I know does things a little bit differently - you simply couldn't make an appliance suited for such work.
Talk about shooting yourself in the foot. Go ahead, try to alienate the developers. That's a good idea...
Federal matching funds are not the only reason for the Green party to make a strong showing in tomorrows election. Any amount of serious funding for the party will result in some degree of corruption - that much I'd expect.
Instead, a strong showing for a third party that didn't buy itself that support simply illustrates the desire of the populace for more choice. I can count a lot of folk who are voting Nader this year not because they like the candidate, but because it's the first real opportunity to speak out against the dichotomy.
I've voted every year since I was able (that's 10 of 'em) and it seems that the people are becoming more and more disenfranchised with the status quo. I don't expect this trend to stop any time soon, either. The generation behind mine is even less satisfied and doesn't even remember a time when things seemed to work. My youngest brother doesn't even remember Reagan. He'll be voting in three years.
A strong showing for Nader this year simply starts a transition. Who cares if some unscrupulous usurper comes in and destroys the party from the inside? We've made the point that it's not a two party system at that point. In fact, any publicity generated by such an abhorrent act will simply strengthen the resolve of those who voted for it in the first place. We'll do it again, but this time with even more vigor.
Most importantly, my brother will remember the name Ralph Nader - the guy who wasn't a Republicrat...
IE allows you to write entities (&<entity>;) without the required trailing semicolon. This may sound innocuous enough, untill it decides that you made a mistake when you didn't:
IE will chop out § - without the semicolon - and replace it with the entity. I've had to rewrite several scripts because of this accidental namespace clash (I can't remember ALL the entities), but really, this should have never come up. Allowing people to get away with being stupid is not acceptable if it hinders legitimate work.
Don't be an idiot - I have several mp3s in my collection that were recorded straight off of vinyl. There is no reason the source needs to be digital - all that matters is the mastering (or, ahem, digitizing) stage.
Haven't you ever seen CDs with AAD stamped on the label? That means:
Analog source recording
Analog mixing
Digital mastering
To suppose that digital means all digital is rather absurd - where did those sound waves come from in the first place?
Well, the version they allow you to download directly is in a format that requires the Glassbook reader. Surprise! It's a Windows only reader. Even if the servers weren't bogged down, it wouldn't do me any good.
However, if you give them your email address, Barnes and Noble will mail you a copy in Acrobat Reader format. Now, that sounds like the way to go:)
anything beyond EIDE/16 has been useless dickwaving - jkujawa
Slashdot Mirror
Bingo - of all the nasty things wrong with the settlement, I chose to focus on that one in my comment. Specifically, how it would relate to Open Source software. For fun, here's what I wrote:
Comments about US v. Microsoft proposed settlement
I feel the remedies suggested by the proposed settlement do little to deter or punish Microsoft for actions and behaviors proven to be anticompetitive and illegal. Most egregious in my mind, however, is the position Microsoft will be in to stifle and lock out the Open Source movement.
As a developer of Internet solutions, I am quite familiar with the long and brutal conflict between Open Source tools and Microsoft tools and the gulf created between the two camps. Microsoft has been making steady inroads to the server and Internet markets simply by the virtue of their monopolistic position. By breeding ubiquity in the desktop market, they have orchestrated lock-in to the server market using closed and inoperable APIs, proprietary protocols and (even worse) embracing open protocols and modifying them with non-open extensions. All of these tactics are designed to put third party, and specifically, Open Source tools at a disadvantage when used with their desktop systems.
The settlement stipulates that Microsoft open "the APIs and related Documentation that are used by Microsoft Middleware to interoperate with a Windows Operating System Product" (section D) as well as "any Communications Protocol that is, ... (i) implemented in a Windows Operating System Product installed on a client computer, and (ii) used to interoperate natively ... with a Microsoft server operating system product" (section E). Both sections are a step in the right direction and force Microsoft to allow independent developers the ability interoperate with Microsoft systems freely.
However, section J.2 limits this condition by requiring that for anything related to "anti-piracy systems, anti-virus technologies, license enforcement mechanisms, authentication/authorization security, or third party intellectual property protection mechanisms", a third party developer must meet these requirements in order to gain access to said information:
These conditions are applicable to businesses and for-profit entities, but specifically lock out any Open Source projects or anyone who does not have 'reasonable business needs'. Additionally, with Microsoft focusing on its new '.NET' strategy of distributed application programming, almost EVERY aspect of development will fall under 'authentication/authorization security' since almost EVERY aspect of the protocol, API or documentation will run across public, untrusted networks.
Given Microsoft's record of finding miniscule loopholes in past judgements and exploiting them to further their control and flout the law, this one strikes me as particularly onerous (not to mention ironic). It wouldn't surprise me to learn that Microsoft's complicity with this proposed settlement is based quite largely on the fact that .NET will make the entire thing moot on this point, and at the same time provide an absolutely crushing blow to the Open Source movement which they deem such a threat.
I sincerely hope that this settlement is rejected or at least amended to address these concerns. Thank you for your time.
That was funny - and your sig makes it funnier!
I've been wondering about this a bit lately. The RIAA is pushing surtaxed CDs in the US onto manufacturers of comodity devices (CDtoCD recorders, et al). This is ostensibly done to provide a means to collect 'lost' revenue for the artist. I'm assuming that 'lost' revenue is coming from piracy.
I guess I'm unclear about which position the RIAA holds. Is copying a CD absolutely unallowable, or can I copy it if I pay the tax on the blank media? I think I'd be fairly happy to pay a nominial fee for my media if I were given carte blanche duplication capabilities.
So, RIAA, where do you stand. Am I never supposed to copy a CD, or are you going to go the path of blank cassette tapes? You can't continue this hypocrasy - either I can, or I can't copy. Make up your damned mind...
And 'only when I say you can' is not a valid answer.
According to the Title of the article on Newsforge, Senator Fritz Hollings (D-Disney) avoids talking about SSSCA, he's a Democrat from the state of Disney?!
When did that happen? Talk about getting your moneys worth from your lobbying efforts... Not just protected by corporate statutes, but now they can elect their own government officials!
So, what's wrong with all the other national ID cards we carry around in our wallets? Social Security card not good enough? My drivers license not good enough? Passport? Credit cards? As if the government can't find out who I am using these 'old' methods.
Exactly what advantage does yet another card have? I'm sure they'll be just as easy to counterfeit as current identification methods...
It's not only the ability to be reached when away from your 'habitual locations' - but the ability to call out when away. I hated cell phones until I was forced to carry one and I had an emergency. For me, it's not being reachable, it's about reaching out.
There are exactly four people who have my cell phone number - my mom, my girlfriend, my business partner and me. Combined with SMS messaging and an email alias on my mail server, I'm always reachable, but I have the choice to call back if it's important. No ringing for me - just beeping.
Using the 'smaller than my penis' test, I'm limited to about laptop sizes.
Ducks and covers...
This is Informative?!
Well, maybe if you want to know exactly what NOT to search for on gnutella. I caught the tail end of one of those promos last night on the TV - missed the first 26 seconds of it since I didn't bother to look at the screen due to bad music. Then they said 'Enterprise', I looked up - saw the logo. That's it.
Man, you know some marketing weenie messed up when the choice of song actually deters people from watching the commercials...
While I appreciate your candor in bringing scientific news to the British public, I must complain about the following misleading comment:
While it is obvious that we have mastered the art of communicating with the dead, it should not be difficult speaking with aliens or other silly people. Our resources would be better spent on hypnotizing bricks, building salons on Mount Everest and confusing cats.
Sincerely,
J. Edgar Hoover
Deceased
No, no, no... main() did not return human existence and the universe - it returned 42, an int!
PS - it's nit (like baby lice) picking (like, um, picking)
Um - My DVD player (US$150 retail) has component video out. Purely digital to the TV. Digital audio out to the receiver. I can't see how your statement is true at face value. If there's more to it, speak up - otherwise, you're incorrect.
I know, I know - me too me too... but I've never actually seen anyone mention this one.
Stray Bullets by David Lapham is one phenominal book. The story arcs are fantasticly articulate, character development is deep and the art is great. And he pulls it all off in black and white using nothing but dialog and emotion. Highly recommended. I know he hates the comparison, but if you like Miller, you'll love Lapham.
For fun, there's a web site, but it doesn't seem to be serving at the moment. He's not really one to embrace this whole 'net comic thing anyway (to stay on topic).
C'mon! How can anyone get tired of Bert yelling "The World is a Crotch!"?
It's funny 'cause it's true...
Hey there - you're treading dangerously close to infringing on McAfee's patent.
Using a browser to download code that is then executed automatically on the client side could land you in court!
Ah - you almost brought tears to my eyes bringing up OLGA. What a sad travesty that was - and indeed, it was the first salvo. I remember thinking at the time how absolutely ludicrous EMI's accusations were. Now, well... That's par for the course.
However, OLGA does live on - and they are seeking support in order to stave off future legal bullying. In any case, I'm glad I don't have to pull out all the archives I 'backed up' before they went down...
When exactly did The Perl Journal get involved? Oh, wait... I get it. He meant Texans for Public Justice. Or maybe The Tube and Pipe Journal...
Some hats are made out of meat!
NOTE: That's a rip-off site. The original site (www.hatsofmeat.com) seems to have died... Bummer
I've been developing Web aplications on *nix for over 5 years - and have never liked using any of the GUIs available on *nix systems. I like the Mac interface - it really is the best around. But in order to fully satisfy myself in this respect, I've had to have (at least) two computers. Essentially, my Mac (cheap-o little iMac, BTW) acts as a GUI for all the *nix boxes I have running under my desk.
I've tried several things to get the machine count all the way down to one including installing LinuxPPC and running MOL (Mac On Linux - runs mac apps native. On a virtual terminal even). This almost works right, but there are issues with networking that make it more trouble than it's worth. Hell, I even blew up the ATI card in my iBook once with that setup. I gave up and went back to my 'dumb client' approach.
MacOS X will allow me to actually do this - all on one computer. The ability to work on an exact mirror of my development server in one self-contained machine is a true blessing.
Additionally, the development tools they're including for Cocoa/Carbon mean I can finally ditch that ancient copy of CodeWarrior I've been using for hobby projects. I can finally Carbonize my applications without trying to figure out which libraries are conflicting with CarbonLib this week...
While I do find merit in the ideas expressed in the article, I find it difficult to believe that all so called 'General Purpose PCs' will wither and die. If for only one reason - software development.
All of these new PC Appliances require software to be written for them in order to perform anything useful. Software development essentially requires the use of a 'general purpose' machine in order to target the multitude of platforms you are writing for. It really is the epitome of computer generalization, and as such will remain in strong demand as long as there is a need to develop software.
I really couldn't imagine having a 'Development Appliance' for development work since every developer I know does things a little bit differently - you simply couldn't make an appliance suited for such work.
Talk about shooting yourself in the foot. Go ahead, try to alienate the developers. That's a good idea...
Federal matching funds are not the only reason for the Green party to make a strong showing in tomorrows election. Any amount of serious funding for the party will result in some degree of corruption - that much I'd expect.
Instead, a strong showing for a third party that didn't buy itself that support simply illustrates the desire of the populace for more choice. I can count a lot of folk who are voting Nader this year not because they like the candidate, but because it's the first real opportunity to speak out against the dichotomy.
I've voted every year since I was able (that's 10 of 'em) and it seems that the people are becoming more and more disenfranchised with the status quo. I don't expect this trend to stop any time soon, either. The generation behind mine is even less satisfied and doesn't even remember a time when things seemed to work. My youngest brother doesn't even remember Reagan. He'll be voting in three years.
A strong showing for Nader this year simply starts a transition. Who cares if some unscrupulous usurper comes in and destroys the party from the inside? We've made the point that it's not a two party system at that point. In fact, any publicity generated by such an abhorrent act will simply strengthen the resolve of those who voted for it in the first place. We'll do it again, but this time with even more vigor.
Most importantly, my brother will remember the name Ralph Nader - the guy who wasn't a Republicrat...
Uh oh - I feel a rant coming on...
IE allows you to write entities (&<entity>;) without the required trailing semicolon. This may sound innocuous enough, untill it decides that you made a mistake when you didn't:
IE will chop out § - without the semicolon - and replace it with the entity. I've had to rewrite several scripts because of this accidental namespace clash (I can't remember ALL the entities), but really, this should have never come up. Allowing people to get away with being stupid is not acceptable if it hinders legitimate work.
OK - I feel better now.
Wait a minute - throughout the universe?! OK, Disney is officially ludicrous now: I'm bound by their EULA even if I live on Magrathea.
Fine - come sue me...
all mp3s come from CDs
Don't be an idiot - I have several mp3s in my collection that were recorded straight off of vinyl. There is no reason the source needs to be digital - all that matters is the mastering (or, ahem, digitizing) stage.
Haven't you ever seen CDs with AAD stamped on the label? That means:
- Analog source recording
- Analog mixing
- Digital mastering
To suppose that digital means all digital is rather absurd - where did those sound waves come from in the first place?Harrison Bergeron by Kurt Vonnegut, actually
anything beyond EIDE/16 has been useless dickwaving - jkujawa
Well, the version they allow you to download directly is in a format that requires the Glassbook reader. Surprise! It's a Windows only reader. Even if the servers weren't bogged down, it wouldn't do me any good.
However, if you give them your email address, Barnes and Noble will mail you a copy in Acrobat Reader format. Now, that sounds like the way to go :)
anything beyond EIDE/16 has been useless dickwaving - jkujawa