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Comment Unfair and Deceptive Business Practice (Score 1) 562

One of the cardinal rules of contracts is that words are given their ordinary plain meaning. This rule is applied within the context of the transaction. If words have a usual or customary meaning within a particular industry, then that meaning is attributed to the word used. If you want to depart from that rule, you have to provide a definition in the contract.

Hard drive manufacturers got into trouble with this principle when they quietly redefined a megabyte to be equal to 1,000,000 bytes instead of 2^20 bytes like everyone was used to.

If I had AT&T as my service provider, I would be complaining to the Federal Trade Commission alleging this as a violation of Section 5 of the FTC Act. I would also be complaining to my state's Attorney General alleging a violation of my state's consumer protection laws.

Comment Re:Serves them right (Score 1) 578

It's like the argument put forward by Neal Stephenson in Cryptonomicon - the Allies won WWII because they had the best technology,

Really? It's been a while since my history classes, but I thought it was the U.S. ability to manufacture more tanks and ships and trucks and things. The Sherman was outclassed but was sent in much larger numbers. And their bomber's couldn't reach the U.S. factories whereas the German factories were having to move into hollowed-out mountains and such. The Germans had ballistic missles, cruise missles, superior tanks and were on the verge of intercontinental flying-wing bombers.

They also were fighting a two-front war.

Japan put a prototype jet fighter in the air during WWII.

I don't think the Allied Forces had superior tech in WWII.

Comment Re:Downgrade rights (Score 1) 671

If anyone had actually spent time using it, or if CowboyNeal was attempting anything other than a flamefest to drive ad impressions, perhaps that'd be more clear to people.

Imagine Windows 7 where the start menu opened at login and took up the whole screen. That's it. If you don't use any modern apps, you won't ever see the WinRT part of the system. Start an application, you're on the desktop.

Simple question: Do you use Metro IE or desktop IE?

I'm trying to run Win8, and when I'm living on the desktop I'm okay. But then I try to open up a PDF, media file or image and suddenly the default Metro-based app launches and my desktop and task bar are gone. I haven't yet figured out how to close the Metro app to return to the desktop. I have to alt-tab back to the desktop and then right click in the top-left hotspot to close the Metro app. Instead I am now manually dragging PDFs into Chrome (the desktop version) and right-clicking media files to launch in desktop WMP. (Adobe's PDF reader annoys me, too, so far I am avoiding installing it.)

I've installed Win8 on my main home machine to force myself to get used to it, but I have yet to like anything about Metro. Shutting down or sleeping the computer takes several gestures and clicks.

When I look at the Metro screen my brain wants to explode. The Win7 start menu does a decent job of promoting my commonly used links while allowing me to pin items if I want, but I can also search the start menu, and unlike Metro it will show me apps, files and control panel items in the search results. In Metro I have to move the mouse a lot and click to search files, apps or control panel items. In the Win7 menu I have the option of browsing the hierarchical folder structure, too. In Metro I get the mass of gaudy tiles that make no immediate sense to me and then a bunch of ugly tiles for installed programs and all the items that might have appeared buried in the hierarchy in Win7. I am not liking it yet and haven't yet figured out an advantage for me with Metro.

Comment Re:Wrong Problem - More Unnecessary Legislation (Score 1) 167

Except that you have to make the initial investment, there is always a risk that you will lose, and there is always a risk that although you have been awarded costs, you will not actually be able to collect the money. Early settlement by taking a license provides financial certainty and eliminates the legal risk, which are two things that companies like a hack of a lot more than litigation.

Comment Re:Wrong Problem - More Unnecessary Legislation (Score 1) 167

"Highly questionable" doesn't mean the claims are invalid (although they may be). In this context, highly questionable means that the claims either do not fully describe the product or process accused of infringement or can only be characterized as fully covering it through unreasonable ("imaginative") interpretations of the claim terms.

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