Linked by Thom Holwerda on Thu 31st Jul 2008 22:03 UTC
There are probably lots and lots of lawsuits going on every day in the technology world, and generally, they are quite uninteresting to all of us. Exceptions exist, of course, and the case of Apple and PsyStar is definitely one of them. It's a lawsuit that could test one of the most debated issues in the world of software: the EULA issue. To refresh your memory: PsyStar started offering Macintosh clones earlier this year, which caused quite the uproar in the Mac community. Apple was silent on the issue at first, but a few weeks ago the company decided to take legal action against PsyStar, claiming PsyStar violated Apple's copyright and license agreements (EULAs), and motivated others to do the same. While several legal experts agree that Apple's EULA will stand the test of court in The Netherlands, the situation in the US might be completely different. PsyStar seems prepared for the worst, as they have hired lawyers from Carr & Ferrell LLP, a firm who successfully fought Apple in court over IP issues before. I'm breaking out the popcorn, because this is hopefully going to be a big one.
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RE[3]: Osx - Macintosh combo
by Thom_Holwerda on Fri 1st Aug 2008 19:16
in reply to "RE[2]: Osx - Macintosh combo"
Member since:2005-06-29
Would you hold the same position if the case was a bit different - me purchasing an upgrade copy of program X and using a script to remove the step in the installer asking me for the license key of the the previous version? Would it still be DeveloperOfX's problem that they made the business decision to sell upgrade copies? Would I still be absolved of any responsibility because I've payed for the software?
What a nonsensical analogy. You said it yourself - an upgrade copy. An upgrade copy is different from a full retail version - and Mac OS X is sold as a full, stand-alone retail package. It's not an upgrade - and I can know, I bought Panther, Tiger, and Leopard in retail.
RE[4]: Osx - Macintosh combo
by apoclypse on Fri 1st Aug 2008 19:35
in reply to "RE[3]: Osx - Macintosh combo"
Member since:2007-02-17
Nope. Every copy of OSX is essentially an upgrade license. The theory is that even if you buy your copy of OSX in the store you should initially already have a copy of OSX on your machine, since Apple doesn't sell any hardware without OSX being installed on it already. So that makes any retail version of OSX an upgrade since you already bought the full license when you bought the Mac, this gets rolled into the cost of the machine. Sounds about right to me.
RE[4]: Osx - Macintosh combo
by lurch_mojoff on Fri 1st Aug 2008 19:44
in reply to "RE[3]: Osx - Macintosh combo"
Member since:2007-05-12
What a nonsensical analogy. You said it yourself - an upgrade copy. An upgrade copy is different from a full retail version - and Mac OS X is sold as a full, stand-alone retail package. It's not an upgrade - and I can know, I bought Panther, Tiger, and Leopard in retail.
Nonsensical, really? What if not the license (and price, of course) makes an upgrade copy different from a full, retail one? For just about all of the upgrade versions of software I've bought in the last decade it is true that the data inside the installer package or on the installation disk is the exact same as the one in the respective full version and the only difference is a technological measure enforcing the license terms - namely, usually a screen in the installer asking me for the license key of the previous version.
As far as the license of the standalone version of Mac OS X, it states that you can only run the software on an Apple branded hardware, and since you cannot purchase said hardware without a license and a copy of Mac OS X, the upgrade status is implicit. I really don't see what difference would it make if Apple had slapped an "Upgrade Version" sticker on the box and had thrown a few upgrade references in the EULA of the standalone OS X.
News
Linked by Thom Holwerda on 05/22/13 22:23 UTC
"Sony gave the PS4 50% more raw shader performance, plain and simple (768 SPs @ 800MHz vs. 1152 SPs & 800MHz). Unlike last generation, you don't need to be some sort of Jedi to extract the PS4's potential here. The Xbox One and PS4 architectures are quite similar, Sony just has more hardware under the hood. Weâll have to wait and see how this hardware delta gets exposed in games over time, but the gap is definitely there. The funny thing about game consoles is that itâs usually the lowest common denominator that determines the bulk of the experience across all platforms. On the plus side, the Xbox One should enjoy better power/thermal characteristics compared to the PlayStation 4. Even compared to the Xbox 360 we should see improvement in many use cases thanks to modern power management techniques." AnandTech does its usual in-depth thing.
Linked by Thom Holwerda on 05/22/13 13:38 UTC
"The Verge has learned that HTC's Chief Product Officer, Kouji Kodera, left the company last week. Kodera was responsible for HTC's overall product strategy, which makes the departure especially notable on the heels of the global launch of the make-or-break One. It's not just Kodera. In the past three-odd months, HTC has lost a number of employees in rapid succession." I really hope HTC pulls it together.
Linked by Thom Holwerda on 05/22/13 13:30 UTC, submitted by JRepin
"It is with huge pleasure that the Debian GNU/Hurd team announces the release of Debian GNU/Hurd 2013. This is a snapshot of Debian 'sid' at the time of the Debian 'wheezy' release (May 2013), so it is mostly based on the same sources. It is not an official Debian release, but it is an official Debian GNU/Hurd port release." Important note: 75% of Debian packages are supported bu Debian GNU/Hurd. Impressive.
Linked by Thom Holwerda on 05/21/13 22:06 UTC
"The first killer app was VisiCalc. This early spreadsheet turned the Apple II from a hobbyist toy to a business computer. VisiCalc came with room for improvement, though. In addition, a new architecture and operating system, the Intel-based IBM PC and MS-DOS, also needed a spreadsheet to be taken seriously. That spreadsheet, released in early 1983, would be Lotus 1-2-3, and it would change the world. It became the PC's killer app, and the world would never be the same. On May 14, IBM quietly announced the end of the road for 1-2-3, along with Lotus Organizer and the Lotus SmartSuite office suite. Lotus 1-2-3's day is done." Impressive 30 year run.
Linked by Thom Holwerda on 05/21/13 21:45 UTC
"There's a disconnect between how Apple CEO Tim Cook sees his company's tax strategies and how some members of the US Senate view it. That became clearer than ever today after Cook and two other Apple executives testified before Congress, explaining why they're holding most of their international income in Irish subsidiaries like Apple Operations International, which declare no tax residency anywhere in the world. AOI hasn't filed a tax return anywhere in the world for the last five years, yet it earned $30 billion in income from 2009 to 2012, according to a Senate report released yesterday." Just because something is legal, doesn't mean it's just. Apple, Google, Microsoft, and many more - these companies might not be breaking any laws, but it's obvious to anyone that what they are doing is scummy.
Linked by Thom Holwerda on 05/21/13 15:53 UTC
The new WebKit Opera for Android has been released. "Opera 14 for Android is built on top of Chromium 26, with a total overhaul of the UI in native code, making it fit well with the latest Android design guidelines. Go get the build from Google Play or point your browser to m.opera.com, and give it a spin!"
Linked by Thom Holwerda on 05/20/13 22:43 UTC
The Verge pointed me to a blog post by Leap Motion - which reveals how their Kinect-like motion control works with Windows 8. "From the second you plug in your Leap Motion Controller, you'll be able to browse the web and interact with your computer just by moving your hands and fingers in the air. With Leap Motion technology and Windows, you can do everything that's possible with multi-touch inputs - without actually touching anything. This also means that existing applications in Windows 7 and 8 will respond to your natural hand and finger movements. Soon, we'll show you how Leap Motion will work with Mac OS X." Quite cool.
Linked by Thom Holwerda on 05/20/13 21:50 UTC
PocketNow interviews Marc Dillon, and there's an interesting note about why Jolla is keeping the display properties under wraps: "We're leaving some of those details out because we do understand that there are a lot of really big players in the market and they tend to take certain components in the market and dominate them. We created the ability to actually be able to run Sailfish on multiple hardware displays and be able to swap components, so this is part of the demand and supply planning phase. We are committed to this industrial design which is a 4.5-inch display, an 8 megapixel camera on the back and a front-facing camera at the front, and the exact specs of the display we'll provide when we're close to delivery." Something you rarely hear anything about.
Linked by Thom Holwerda on 05/19/13 23:15 UTC
"This is my NeXTstation Turbo Color booting the Mac System 7.1 Operating System using a hardware add-on called 'Daydream'. The Daydream has a Mac ROM and a few custom ICs in it and hooked up to the NeXTs DSP port. Turns your NeXT into a full fledged 68k powered Mac." So cool.
Linked by Thom Holwerda on 05/19/13 23:11 UTC, submitted by Drumhellar
"The NetBSD Project is pleased to announce NetBSD 6.1, the first feature update of the NetBSD 6 release branch. It represents a selected subset of fixes deemed important for security or stability reasons, as well as new features and enhancements. Please note that all fixes in the prior security/bugfix updates (NetBSD 6.0.1 and 6.0.2) are also in 6.1."More News »
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Member since:
2007-05-12
I hear this a lot, but, uhm, how is this relevant? What business is it of mine that Apple sells retail copies of their software at a price that doesn't cover its costs? That's an Apple business decision, and has abslutely nothing to do with the case at hand. "
Would you hold the same position if the case was a bit different - me purchasing an upgrade copy of program X and using a script to remove the step in the installer asking me for the license key of the the previous version? Would it still be DeveloperOfX's problem that they made the business decision to sell upgrade copies? Would I still be absolved of any responsibility because I've payed for the software?