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Comment Re:San Francisco: crazy again (Score 1) 371

Gentrification to me means turning filthy, crime ridden ghettos into clean and safe neighborhoods. I haven't heard any reasonable argument against it that doesn't include hidden racism or prejudice against poor people being morons who like living in dirt.

How about "Think of the filthy, crime ridden ghetto children!"?

Comment Re:Smart Cars = HiTech ??? (Score 1) 371

That is bad. Odd really given that the European petrol version is 47mpg and the diesel version is 70mpg.

Do American's detune their cars or something?

No, we detune our gasoline.

If we didn't detune our gasoline, the infinitesimal percentage of cars that were manufactured before 1981 so they don't have oxygen sensors would pollute a tiny amount more than they already do.

Also, Chevron wouldn't have a monopoly on reformulated gasoline which complies with California law, and you'd be able to import it from out of state refineries instead, without paying the "Chevron Tax".

Either of these outcomes would be "disastrous".

Comment Re:It's not trending. (Score 2) 371

If it were Teslas being tipped, I think the NFL and/or the military would be the ones investigating. Those things weigh over two tons and have a very low CG, making them nearly impossible to roll over without some heavy duty lifting apparatus.

General "Thunderbolt" Ross would be investigating it, since he's brought in any time The Hulk might be involved...

Comment Re:Where do you draw the line? (Score 1) 650

32 bit Office 2000 doesn't work on Windows 7.

Neither does it work on Windows 1.

Sure. And if we were talking about forward binary compatibility, which would require accurate predicting the future, that would be a valid argument.

We're not, we're talking about intentionally breaking binary backward compatibility, so that when you force someone to buy a new OS when they want to buy a computer, you force them to also re-buy application software, which they already own, to run on that OS.

This isn't any different than any other form of tying, where you leverage a monopoly in desktop OS's to force, for example, use of a particular browser. The money spent on Office 2000 is a sunk cost, and you're forcing them to re-spend.

I have just had a quick google and there are lots of posts claiming to have it working on windows 8 however, you are looking back five versions of office before you find one which does not work.

Please name another software vendor who provide this level of support.

Please name another software vendor with a monopoly in desktop operating systems, and I'll be happy to describe how they provide binary backward compatibility to avoid leveraging their monopoly position to force re-purchase of existing software by not tying that software to a particular platform.

Comment Re:Where do you draw the line? (Score 1) 650

I have read this a number of times and I can only assume you have never used a windows computer. The versions of office and windows are in no way restricted, I am running components form Office 2003, 2010 and 2013 on Windows 7 and Office XP, 2003 and 2010 on windows XP.

Windows Vista, 7 and 8 all have compatibility mode which tries with varying degrees of success to fool older pieces of software that they are running old versions of windows.

32 bit Office 2000 doesn't work on Windows 7.

Comment Re:Where do you draw the line? (Score 1) 650

Further, Microsoft can support Windows XP, they just want more $$$ to do it (so, if they can do it for one company, and the goods they're selling are infinite, why can't they for all the rest?).

Actually, no. The reason they are willing to continue to provide the updates to some entities is because of the purchase and support contracts they entered into as part of a bulk purchase agreement. So they offer it not because they want more $$$, but because they are contractually obligated to do so. They'd just as soon give all these companies free updates to Windows 7 (or whatever) to get released from these contracts, which is the reason they are unwilling to extend support, for any amount of $$$, to other people caught in the same situation, but without benefit of contracts adding additional clauses on top of the clauses present in the public licenses themselves.

Comment Re:Where do you draw the line? (Score 1) 650

The paper (if you read it) claims that the requirement should be enforced based on the Microsoft having monopolistic power in the marketplace. Apple doesn't wield monopolistic power in the marketplace for desktop operating systems.

This is all a bit more subtle than that. The problem is; how do you define the market? When you go out and buy a computer and operating system in a shop, it's clear that Apple an Microsoft have a duopoly (which is a bit dodgy when you consider that they have cooperation on patents locking competitors out of the market; but we will leave that aside). When you come to look after your old computer that is no longer true. Microsoft will not generally provide OSs for Apple computers and Apple will certainly not willingly provide them for PCs.

That's not true. Microsoft will happily sell you Windows to run on anything capable of running it, and Apple went out of their way to support ACPI and SMP tables that are acceptable to Microsoft OS's, even though it required adding some substantial EFI modules, as well as providing driver support for Windows for Apple proprietary hardware.

Apple will certainly not provide Mac OS X for non-Apple hardware; however, this has been upheld multiple times in court cases as being acceptable because Apple does not wield monopolistic power in the desktop computer marketplace. Courts have led exactly the opposite in findings of fact when it comes to Microsoft.

In this instance, we define "market" as "market for desktop computer operating systems".

This means that, whilst Apple does not have a monopoly on computing in any way, they do have a monopoly on support for old Apple computers.

Agreed; however, the IRS amortization schedule on computer hardware is 5 years - and unlike Windows on PC hardware, Apple desktop computers consist of both the hardware and the software, not just the software running on white-box/grey-box machines. You could make the argument on the basis of hardware only for hardware sold with Windows installed, if it was considered part of the hardware. But again, we have court precedent forcing companies such as Dell and HP to offer white-box/grey-box hardware without the so-called "Windows tax", This means that the software is not subject to the same accelerated depreciation.

Specifically, IRS Publication 544, Chapter 2, under "depreciable business assets".

The correct answer would probably be that there is already competition in this market. By changing to a Linux os perating system you can maintain your 15 year old computer fully supported. Unfortunately, in many cases that's not true. Device manufacturers only provide full documentation and support to Microsoft and the Linux drivers cannot be guaranteed.

This is very much a red herring; while Open Source OS vendors and advocates, such as FreeBSD and Linux would dearly love for this to be the case, the problem is actually not with the platform, but with the capitol investment as a lump sum business asset, in software components, such as Microsoft Office and other components which can be assembled together with glue code to implement vertical market solutions.

Microsoft explicitly does not support Visual Basic, Visual Studio, Microsoft Access, or other software on non-Windows Platforms for the use model of implementing vertical market solutions (i.e. neither Linux nor FreeBSD nor Mac OS X have such support).

Further, the software packages of this type from Microsoft are tied to a specific version of the Windows Operating system; that is, you can not take a version of Office intended for use on Windows XP, and run it on Windows 7 or later versions of the Microsoft OS platform. This explicit and intentional tying is monopolistic in nature. Further, the glue code for the vertical market systems previously mentions, *also* will not run on non-XP platforms.

Effectively, this means that Microsoft is leveraging their monopoly position in operating systems - specifically, with regard to the discontinuation of support for XP - into additional sales of non-OS Microsoft products, and to sales of middleware components and development tools. As a necessary side effect, they create a market for third parties to port code they've already written to the new middleware and applications components running on the new platform, without actually providing additional value for the intentional binary incompatibility of the user space code.

So there's more or is a good argument, in terms of what the paper is suggestion, for a third party market for the equivalent of "Autozone" replacement parts/repairs being made to Windows XP systems.

Forced "upgrades" which aren't actually "upgrades", since they don't provide fixes without damaging binary compatibility, are almost always a bad idea.

Not that Apple is completely innocent of this tactic with regard to new iOS versions; they've recently disabled the ability to turn off sync and update downloads happening over the cellular data connection, even though there are usage caps and extra costs to the user if this is left on, and they consistently pop up complaint dialogs when they can't fit the update into the storage on a 16G iPhone, and suggest you delete stuff to make room.

I fully expect for them to get a ration of shit in the courts for this at some point in the near future, particularly on things like older iPhone 4G's, where the over the cell network syncs and downloads have to occur before the phone lets you do anything else - like answer a phone call.

Maybe the new fashion designer VP they hired will do the right thing, and throw some phones against the wall, like Steve would have, until the issue is fixed.

In any case, the Windows XP end of life has been handled very, very badly, and the papers author has some great points, from a legal perspective, given the findings of fact on the monopolistic power by the courts in the Netscape case.

Comment Re:An Alternative Law (Score 1) 650

Personally, I think they are going about this the wrong way. The Gov't should be sending Death Squads to kill all members of any household still running XP, or running any version of IE less than 10. Brutal? Maybe. But, boy will it do wonders for the social lives of us Web Developers.

I might agree, if the versions of IE eligible for that treatment also included greater than or equal to 10...

Comment Re:no. (Score 2) 650

I am a critic of M$ but I do not think they should be required by law.

Only in the case of some sort of long-term contract that is still in effect, that mentions specifically updating software until a time in the future...unless that is the case.

These laws are complex and the photocopier example is interesting.

A potentially more interesting example is replacement auto parts, which automobile manufacturers are required by law to stock for 10 years after the last date of manufacture so that owners of the vehicles can repair them or have them repaired by a third party. Since the last ship date for Windows XP was the last contractual date that Microsoft allowed vendors to bundle it with new computers, that would give them about an 8 year support requirement for "replacement parts". Note that the automobile example would apply to the GM ignition switch, which had an engineering change to correct a design defect - and any security flaw is technically a design defect.

I think that the more companies attempt to treat intellectual property as real property, the more that the negative aspects of real property law should be applied to their products.

E.g. if I use your patent, and you don't stop me using it, then I've engaged in adverse possession, and have "established an interest" in the intellectual property which you must therefore allow me to continue to use, just as if my driveway had been over the property line for 10 years, and you didn't do anything about it, or if I'd been parking my car at your curb, and it didn't bother you until I started parking my RV there and blocking your view.

The paper's argument seems to be along similar lines of thinking.

Comment Re:Where do you draw the line? (Score 2) 650

Photocopier vendors do not open the controller software up to competitors / vendors who provide support. They just give them specs for replacement parts.

Do you force Apple to let 'competitors' support OS X 10.5 on G5 Macs? Do you force Google to let competitors still support Google Wave?

The paper (if you read it) claims that the requirement should be enforced based on the Microsoft having monopolistic power in the marketplace. Apple doesn't wield monopolistic power in the marketplace for desktop operating systems.

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