You're modded funny, but you're right on the money. This is a new attack from Microsoft as the Groklaw article makes plain. The interesting question is why MS is doing this by proxy, i.e., using straw men they encourage and abet. I seem to recall one provision of the GPL is that if you sue, you lose all rights to GPL code (and surely MS infringes that in places more than OSS tramples on MS patents, if at all). Microsoft is therefore avoiding losing those rights by doing indirectly what it cannot do directly.
However, there is a principle in law (or Equity) that one cannot do indirectly what he cannot do directly. An interesting question for practicing lawyers (I am a retired one and not up on all of this) would be, is there a way to attribute the Plaintiff's actions to Microsoft, canceling their GPL rights? Would it in fact be too late to do this based on their provable support of SCO (the massive loans arranged by MS to keep SCO afloat)? I'd sure like to hear what Eben Moglen has to say about this.
It's a safe bet the new Windows Product Activation module, and SP3, are meant to make the new, standard XP install disk something that will activate ONLY with MS-issued keys, and not those that can be generated from a reverse-engineered algorithm, and not any of the widespread working volume license keys free on the net. (Goodbye FCKGW....) (Which I always imagined stood for F*CKGates, William...)
MS wants to make sure SP3 install disks are more under tight activation control, which is both predictable and their right; but the stressing of other 'features and benefits', it should be submitted, is disingenuous regarding their primary, self-protective motive.
I might guess that M$ is anxious to convert copies of XP they can never control (pirated and / or not using Windows Update) into copies they CAN control (fully updated, SP3, less cloneable, user bent over far and wide for the new WGA crap / DRM / rootkits M$ would like you to have).
Simply, they may wish to decimate the number of XP installations that can be easily cloned and installed on other machines so as to be off the Microsoft control grid.
Radiohead wins, the fans win, the RIAA companies lose. Radiohead makes more for their music, fans pay less, and the greedy middlemen eventually begin considering honest jobs.
Only immediate problem I see is that the record companies are going to be darned sure to sign new bands to perpetual contracts to prevent this kind of defection in the event of success. Maybe the new pathway will be for new bands to get exposure on iTunes or Amazon's new.mp3 download service. And just maybe, as the article suggests, big successful bands selling direct will feature or promote new, worthy acts.
Looking at Dell's site to sell Linux Laptops, I have to say I don't think Dell gets it. There is no list of installed packages, no specification of whether the notebook ships with a good video driver (though onboard Intel video is Linux-friendly, I understand, more so than ATI or Invidia), nor is there even any indication of what window-managers are installed. (We can assume Gnome is standard, I suppose.)
Instead, the "customization" page takes you a list of color choices like "Jet Black" or "Ruby Red" or some such, and some hard drive and RAM choices-- that kind of thing. Do they think any Linux user elevates style over performance? (Well, some may.)
It looks like the product got turned over to Dell Marketing and they didn't have a clue it needed to be marketed differently from a Windows PC. It's surprising a relatively successful PC maker like Dell dropped the ball like this.
If you follow the link you provided there is an update that links to a video supplied by Microsoft for its OEMs to see. It appears to be telling them that what the "hoax" email was saying is largely true, unless I misunderstand some subtleties. You can see it for yourself at http://oem.microsoft.com/downloads/public/US/wgavista/wgaplay1min.swf
unless MS has hidden it already. Only if it is not there, please, see it on my own server at plexipages.com/wgaplay1min.swf.
This video is very disturbing. Anyone care to comment?
Does anyone doubt that MS has engineered Vista with non-removable backdoors at least for their own use? I believe MS deems itself a "trusted site" even if you specifically tell Vista it isn't. If there is a single port open to the net on your machine, I'll bet MS will find a way in.
Also, did anyone besides me flinch when reading from MS that "we have turned on [reduced functionality mode] for pirated copies of Vista"..?? What else are they able to turn on and turn off with their new master control panel? Who likes being a node on their network!?
If SP3 for WinXP does what I believe it will, it will cement new access routes for MS into your machine to (mis)determine whether they like your key or not. Who wants to bet on whether there will be more false positives about "pirated" keys as time wears on and MS *really* wants to retire XP?
Frankly, it was the "we have turned on [....]" press release that finally broke the straw on this camel's back. It took me about twenty hours to set it up, but I now have a Debian Etch system that does everything I want it to (except work with ATI's Linux driver for 3-D). I don't know why I waited so long. (Well, sure I do. I was lazy.)
Anyone know of a good 3D video card supported by Debian for 3-D out of the box? I do miss running Google Earth (and I haven't found a good replacement for Adobe Premiere yet), but the video driver issue will be easy to resolve even if it means buying a new video card. Worth it.
Microsoft have finally turned my stomach and I'll bet I'm not the only one.
This is very old news. Almost fifty years ago rigid wing assemblies, or "Batwings" as they were called, were banned in the skydiving community as simply too dangerous. Let's hope the present inventors (or maybe they are better called engineers) can do better.
Salaries are deductible to the corporation and it does not pay tax on them. Corporate tax is on retained earnings. If you pay out all above your cost of doing business in salaries, the corporation pays only a nominal minimum tax.
>Ok, Bill Gates, I've backed a Microsoft product for once in my life... >where's my 30 pieces of silver?:)
From: Microsoft Consumer Facilitation
Ms. Ube Pownde
Dear Mr. Intx13,
We were going to send it right along, but gosh, our activation servers can't validate your installation of Vista. We will credit the 30 pieces of silver against the cost of a new, valid license.
Kindly remit $379.00 (or pieces of silver if you prefer). You may wish to use Western Union since I understand your computer is in RFM.
I disagree that the DOJ bungled the prosecution. Republican administration pressure from above assured Judge Jackson, who would have slid the knife into MS, was removed from the case. It's politics pure and simple.
The judge is saying you can copy IPs easily, so do so. Maybe the MPAA will even have to pay a reasonable amount for your doing so (no tail -f/dev/mem >memlog.txt as someone humorously suggested). This has no precedential meaning for any case other than this one, since it is not an appellate court, and even if it did, the precedent would not stand for the general principle that anything ever at any time in RAM is "stored" and discoverable. The judge's rulings do not go beyond the facts of the case.
Don't you think that deliberately lying to a Judge is worthy of a Rule 11 motion?
Absolutely. Filing one, anyway. It didn't seem this judge liked hearing about a hypothetical one. I would guess it's something he hears about more often than he likes.
No matter. Ten tons of credit to you for the good fight you are fighting.
However, there is a principle in law (or Equity) that one cannot do indirectly what he cannot do directly. An interesting question for practicing lawyers (I am a retired one and not up on all of this) would be, is there a way to attribute the Plaintiff's actions to Microsoft, canceling their GPL rights? Would it in fact be too late to do this based on their provable support of SCO (the massive loans arranged by MS to keep SCO afloat)? I'd sure like to hear what Eben Moglen has to say about this.
..wouldn't it? She's good enough to do a lot more for Fox News.
MS wants to make sure SP3 install disks are more under tight activation control, which is both predictable and their right; but the stressing of other 'features and benefits', it should be submitted, is disingenuous regarding their primary, self-protective motive.
Simply, they may wish to decimate the number of XP installations that can be easily cloned and installed on other machines so as to be off the Microsoft control grid.
... you don't have to worry if you run Linux!
Only immediate problem I see is that the record companies are going to be darned sure to sign new bands to perpetual contracts to prevent this kind of defection in the event of success. Maybe the new pathway will be for new bands to get exposure on iTunes or Amazon's new .mp3 download service. And just maybe, as the article suggests, big successful bands selling direct will feature or promote new, worthy acts.
We can be glad the sun is setting on the **AAs.
Instead, the "customization" page takes you a list of color choices like "Jet Black" or "Ruby Red" or some such, and some hard drive and RAM choices-- that kind of thing. Do they think any Linux user elevates style over performance? (Well, some may.)
It looks like the product got turned over to Dell Marketing and they didn't have a clue it needed to be marketed differently from a Windows PC. It's surprising a relatively successful PC maker like Dell dropped the ball like this.
This video is very disturbing. Anyone care to comment?
Yes? And where will you get them, now that MS shut down Autopatcher?
Also, did anyone besides me flinch when reading from MS that "we have turned on [reduced functionality mode] for pirated copies of Vista"..?? What else are they able to turn on and turn off with their new master control panel? Who likes being a node on their network!?
If SP3 for WinXP does what I believe it will, it will cement new access routes for MS into your machine to (mis)determine whether they like your key or not. Who wants to bet on whether there will be more false positives about "pirated" keys as time wears on and MS *really* wants to retire XP?
Frankly, it was the "we have turned on [....]" press release that finally broke the straw on this camel's back. It took me about twenty hours to set it up, but I now have a Debian Etch system that does everything I want it to (except work with ATI's Linux driver for 3-D). I don't know why I waited so long. (Well, sure I do. I was lazy.)
Anyone know of a good 3D video card supported by Debian for 3-D out of the box? I do miss running Google Earth (and I haven't found a good replacement for Adobe Premiere yet), but the video driver issue will be easy to resolve even if it means buying a new video card. Worth it.
Microsoft have finally turned my stomach and I'll bet I'm not the only one.
Posted from a system running Debian Etch.
This is very old news. Almost fifty years ago rigid wing assemblies, or "Batwings" as they were called, were banned in the skydiving community as simply too dangerous. Let's hope the present inventors (or maybe they are better called engineers) can do better.
Real good reason to go Subchapter S. I can only wonder why the GP poster did not.
Salaries are deductible to the corporation and it does not pay tax on them. Corporate tax is on retained earnings. If you pay out all above your cost of doing business in salaries, the corporation pays only a nominal minimum tax.
>Ok, Bill Gates, I've backed a Microsoft product for once in my life... >where's my 30 pieces of silver? :)
From: Microsoft Consumer Facilitation
Ms. Ube Pownde
Dear Mr. Intx13,
We were going to send it right along, but gosh, our activation servers can't validate your installation of Vista. We will credit the 30 pieces of silver against the cost of a new, valid license.
Kindly remit $379.00 (or pieces of silver if you prefer). You may wish to use Western Union since I understand your computer is in RFM.
Regards,
Ms. U. P.
Strike that; politics is neither pure nor simple.
And just why would we think M$ cares any more than incidentally about the future of computing compared to Microsoft's future in computing?
You must get certified as a class only if the members are too numerous or difficult to identify. We know which record companies to blame.
Oh wait....
This thought is f*****g depressing.
Well said, Sir.
The judge is saying you can copy IPs easily, so do so. Maybe the MPAA will even have to pay a reasonable amount for your doing so (no tail -f /dev/mem >memlog.txt as someone humorously suggested). This has no precedential meaning for any case other than this one, since it is not an appellate court, and even if it did, the precedent would not stand for the general principle that anything ever at any time in RAM is "stored" and discoverable. The judge's rulings do not go beyond the facts of the case.
Windows 2000 too. If you get updates, you've gotten WGA.
From what I hear. Correct me if I'm wrong.
Naw, Microsoft Bob.
Absolutely. Filing one, anyway. It didn't seem this judge liked hearing about a hypothetical one. I would guess it's something he hears about more often than he likes.
No matter. Ten tons of credit to you for the good fight you are fighting.
Why the heck did you get into talking about Rule 11 motions with the judge in White Plains?