Linked by Thom Holwerda on Fri 10th Sep 2010 23:38 UTC
EULAs, and whatever nonsense they may contain, are legally binding in the US. Have a great weekend!
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RE: The judge is an idiot
by EricCFlem72 on Sat 11th Sep 2010 00:51
in reply to "The judge is an idiot"
Member since:2008-04-14
I would guess the argument would be that the copy was never actually sold; it was licensed. In fact, the judge seemed to jump through quite a few weird hoops to "prove" that. And since it was licensed, not sold, there is no right of first sale (because something that's licensed isn't sold), and if there's no right of first sale, then what's in the EULA doesn't contradict it. I don't agree, but I'd guess that's the argument.
Also, as someone else pointed out, this is the 9th Circuit... they get overturned a lot. Although so does every other Circuit Court (the Supreme Court doesn't tend to take on too many cases it feels were judged correctly, so more than 3/4 of all cases the Supreme Court takes on end up overturning Circuit Court decisions), but the 9th Circuit decisions just seem to be a bit crazy at times.
Member since:2005-07-08
Well, AutoDesk clearly sold something. In the court's view, apparently, they sold a license rather than a copyrighted work.
In other words, it seems that the court is inventing a new kind of intellectual property right that expands and largely obsoletes copyright.
In this new interpretation, the use of software is governed by a license of more or less unlimited authority, where "use" is defined to include redistribution as previously governed by copyright.
EULA is the new copyright, this license is what you are buying when you procure software, and purchasing the license implies consent.
The license can be any otherwise legal contract, and the U.S. Congress is extremely disinclined to intervene in the terms of private contracts.
This is a creative end-run around the legal framework and judicial precedents of copyright. Copyright is irrelevant, because now we're exchanging licenses rather than works.
RE[2]: The judge is an idiot
by Neolander on Sun 12th Sep 2010 14:18
in reply to "RE: The judge is an idiot"
Member since:2010-03-08
Well, AutoDesk clearly sold something. In the court's view, apparently, they sold a license rather than a copyrighted work.
In other words, it seems that the court is inventing a new kind of intellectual property right that expands and largely obsoletes copyright.
In this new interpretation, the use of software is governed by a license of more or less unlimited authority, where "use" is defined to include redistribution as previously governed by copyright.
EULA is the new copyright, this license is what you are buying when you procure software, and purchasing the license implies consent.
The license can be any otherwise legal contract, and the U.S. Congress is extremely disinclined to intervene in the terms of private contracts.
This is a creative end-run around the legal framework and judicial precedents of copyright. Copyright is irrelevant, because now we're exchanging licenses rather than works.
In other words, it seems that the court is inventing a new kind of intellectual property right that expands and largely obsoletes copyright.
In this new interpretation, the use of software is governed by a license of more or less unlimited authority, where "use" is defined to include redistribution as previously governed by copyright.
EULA is the new copyright, this license is what you are buying when you procure software, and purchasing the license implies consent.
The license can be any otherwise legal contract, and the U.S. Congress is extremely disinclined to intervene in the terms of private contracts.
This is a creative end-run around the legal framework and judicial precedents of copyright. Copyright is irrelevant, because now we're exchanging licenses rather than works.
Then we should sign the license agreement when we buy the software, and not anywhere after, like any other service agreement, as Thom pointed out.
Edited 2010-09-12 14:18 UTC
RE[2]: The judge is an idiot
by TheGZeus on Sun 12th Sep 2010 14:37
in reply to "RE: The judge is an idiot"
Member since:2010-05-19
News
Linked by Thom Holwerda on 06/19/13 23:02 UTC, submitted by M.Onty
"Microsoft has sensationally abandoned its controversial plans to restrict the sharing of XBox One games, and has also removed daily online authentication requirements for its forthcoming console", reports The Guardian. They had no choice. Still a good move.
Linked by Thom Holwerda on 06/19/13 22:28 UTC
"A snippet of code in the Steam digital distribution platform has revealed that Valve may be planning to let users easily share their games with friends in the future. The Verge has verified the code's authenticity, which was originally spotted by a member of the NeoGAF gaming forum; the code references a 'shared game library' and a notification that would alert a user when their games are currently in use by a borrower." This would change the, uh, game.
Linked by Thom Holwerda on 06/18/13 22:33 UTC
Official Apple statement on PRISM and privacy: "Regardless of the circumstances, our Legal team conducts an evaluation of each request and, only if appropriate, we retrieve and deliver the narrowest possible set of information to the authorities. In fact, from time to time when we see inconsistencies or inaccuracies in a request, we will refuse to fulfill it." This is basically Apple re-publishing their earlier statement in a more official manner. You either believe it, or you don't.
Linked by Anonymous on 06/18/13 22:26 UTC
The open source Contiki operating system and its commercial Thingsquare distribution are making strides towards the connected home. According to a Computerworld article, a new LED light bulb manufacturer is putting small computers into their light bulbs. Each computer runs the Contiki OS, which gives each bulb an IP address and allows them to be controlled with a smartphone application. To connect the bulbs to the application, the bulbs use both Wi-Fi and the much lower power IEEE 802.15.4 mesh technology.
Linked by Thom Holwerda on 06/18/13 22:25 UTC
"Google asked the secretive Foreign Intelligence Surveillance Court on Tuesday to ease long-standing gag orders over data requests it makes, arguing that the company has a constitutional right to speak about information it's forced to give the government. The legal filing, which cites the First Amendment's guarantee of free speech, is the latest move by the California-based tech giant to protect its reputation in the aftermath of news reports about sweeping National Security Agency surveillance of Internet traffic." Draining the ditch after the cow has drowned in it.
Linked by Thom Holwerda on 06/18/13 17:45 UTC
"I can't find one person who has been using the Nexus 7 for an extended period of time, and hasn't seen a massive downgrade in performance. Just what kind of downgrade are we talking here? I cannot pick up my Nexus 7 without experiencing problems like a lag of ten seconds, or more, just to rotate the display; touches refusing to acknowledged; stuttering notification panel actions; and unresponsive apps." Fully and utterly agreed. My Nexus 7 was blazing-fast and awesome for a few months, and at some point, it just started sucking. Just like that. I've tried loads of ROMs, and nothing helps.
Linked by Thom Holwerda on 06/18/13 17:32 UTC, submitted by poundsmack
A new release of the hobby operating system MenuetOS! The release notes are a bit non-descript, but you'll have to take what you can get: "updates and improvements (picview, httpc, ehci, ...)".
Linked by Thom Holwerda on 06/17/13 17:58 UTC
"The Internet is one of the most transformative technologies of our lifetimes. But for 2 out of every 3 people on earth, a fast, affordable Internet connection is still out of reach. And this is far from being a solved problem. There are many terrestrial challenges to Internet connectivity - jungles, archipelagos, mountains. There are also major cost challenges. Right now, for example, in most of the countries in the southern hemisphere, the cost of an Internet connection is more than a month's income. Solving these problems isn't simply a question of time: it requires looking at the problem of access from new angles. So today we're unveiling our latest moonshot from Google[x]: balloon-powered Internet access." Insane.
Linked by Thom Holwerda on 06/17/13 17:52 UTC
"MineAssemble is a tiny bootable Minecraft clone written partly in x86 assembly. I made it first and foremost because a university assignment required me to implement a game in assembly for a computer systems course. Because I had never implemented anything more complex than a 'Hello World' bootloader before, I decided I wanted to learn about writing my own kernel code at the same time. Note that the goal of this project was not to write highly efficient hand-optimized assembly code, but rather to have fun and write code that balances readability and speed. This is primarily accomplished by proper commenting and consistent code structuring." Just cool.
Linked by Thom Holwerda on 06/14/13 21:03 UTC
Jon Rubinstein, former CEO of Palm: "Well, I'm not sure I would have sold the company to HP. That's for sure. Talk about a waste. Not that I had any choice because when you sell a company you don't get to decide that. Obviously, the board and shareholders decide that. If we had known they were just going to shut it down and never really give it a chance to flourish, what would have been the point of selling the company? I think the deal we had with Verizon really hurt us, but who knew that at the time? These things are all hindsight."More News »
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Member since:
2005-07-06
Right here, the judge pretty much confirmed his lack of intelligence. You can see what he's saying: the architectural firm bought the software, so THEY had first sale protection, but Vernor didn't. However, what IS the First Sale Doctrine in the first place?
Okay, so if the rights END at the FIRST SALE, how can they then skip around to the SECOND SALE and start back up again? The judge CLEARLY just lost his mind... or was paid off.