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Comment Too late. (Score 2) 403

The idea of the project was to create a laptop for developers, based around 'the idea that developers are the kings of IT and set the agenda for web companies, who in turn, set the agenda for the whole industry

And those developers started moving to Apple laptops en masse (as a capable UNIX system that also runs Photoshop and Omnigraffle and ...) a decade ago...

http://apple.slashdot.org/story/02/03/11/1542218/how-mac-os-x-is-changing-the-mac-community

http://developers.slashdot.org/story/08/11/17/1920206/why-developers-are-switching-to-macs

Comment Re:Right to Privacy is Implicit in the 4th Amendme (Score 1) 198

I don't know why people forget the Fourth Amendment when they talk about privacy and the Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...

Maybe because even the Supreme Court doesn't see the 4th Amendment as conferring a general "right to privacy," and had to pull "penumbras" out of their Constitutionally educated asses: Griswold v. Connecticut.

Although referring to government powers, and not explicitly about what corporations might be able to do, (since the founding fathers could never have envisioned what the world would become), the very idea of a right to privacy is implicit in the Fourth Amendment.

(1) Implicit, not explicit. There you go. (Hence, "penumbras.")

(2) Yeah, the Founding Fathers could never have envisioned globe-spanning megacorps.

Comment Re:Hm ... (Score 1) 403

May I assume he thought the same of the Zune? or Windows Mobile/CE?

On the Zune vs. the iPod: "We're in the game, we're driving our innovation hard, and, okay, we're not the incumbent, [Steve Jobs] is the incumbent in this game, but at the end of the day, he's going to have to keep up with an agenda that we're going to drive as well." http://www.youtube.com/watch?v=eywi0h_Y5_U (Also great "missed the mark" assessment of the iPhone vs. Windows Mobile devices earlier in the video.)

Comment Re:Less space than a nomad (Score 1) 403

After "developers, developers" and the chair incident, Ballmer wants another quote for the hall of fame :)

Oh, there's plenty of Ballmer HoF quotes post-Developers.

"[The iPhone] doesn't appeal to business customers, because it doesn't have a keyboard, which makes it not a very good email machine." http://www.youtube.com/watch?v=eywi0h_Y5_U (hawking the Motorola Q -- which, of course, set the world on fire and has become an iconic brand in its own right -- as a much better phone than the iPhone)...

Comment Re:Returning surface (Score 4, Insightful) 403

why do people think that "I didn't like it" is a valid reason to return something they've purchased? Even if it's part of the store's return policy and all

I'm going out on a limb here, but, "if it's part of the store's return policy," then, by definition, 'I didn't like it' is "a valid reason to return something they've purchased."

I would never use a return policy to test drive new toys. It really takes some warped sense of entitlement to have that attitude. It actually seems unethical to me to demand money back for a product that functions as advertised.

It seems unethical to me to not provide purchasers with a viable way of determining whether or not a product meets their needs. Advertising is just that. The proof is in the pudding.

Locking a laptop to a retail counter and then locking it into a self-serving demo mode doesn't tell me how heavy it really is, if it's going to fit in my briefcase, if the on-board serial ports are the 16550A UARTs I need to interface with the laser cutter in the lab (dating myself a bit here, but...), etc. And speaking as a former retail slave (Best Buy, Computer City, on-campus Apple sales rep), 99.95% of the retail sales people can't answer highly specific technical questions.

If there's no feasible way to determine if a product meets your needs (by trying it out in actual use case scenarios) before purchasing it, and if the store return policy expressly permits returning it after such a trial, it's absolutely ethical to return something you realized -- at the only point you could have so realized, i.e., after purchase -- does not meet your needs.

Q.E.D.

Comment Love/hate Wikipedia... (Score 3, Insightful) 248

obligatory humorous link to an article on.

Meanwhile, Wikipedia has some serious credibility problems, as a federal judge in California recently observed:

“It is unfortunate that the parties were unable to provide more authoritative evidence. One court recently noted the danger of relying
on Wikipedia:

Wikipedia.com [is] a website that allows virtually anyone to upload an article into what is essentially a free, online encyclopedia.
A review of the Wikipedia website reveals a pervasive and, for our purposes, disturbing series of disclaimers, among them,
that: (i) any given Wikipedia article ‘may be, at any given moment, in a bad state: for example it could be in the middle of
a large edit or it could have been recently vandalized;’ (ii) Wikipedia articles are ‘also subject to remarkable oversights and
omissions;’ (iii) ‘Wikipedia articles (or series of related articles) are liable to be incomplete in ways that would be less usual in
a more tightly controlled reference work;’ (iv) ‘[a]nother problem with a lot of content on Wikipedia is that many contributors
do not cite their sources, something that makes it hard for the reader to judge the credibility of what is written;’ and (v) ‘many
articles commence their lives as partisan drafts' and may be ‘caught up in a heavily unbalanced viewpoint.’ ” Campbell ex rel.
Campbell v. Secretary of Health and Human Services, 69 Fed.Cl. 775, 781 (2006).

“See also Badasa v. Mukasey, 540 F.3d 909, 910 (8th Cir.2008) (noting that Wikipedia is not a sufficiently reliable source on
which to rest judicial findings for the reasons stated in Campbell); Kole v. Astrue, No. CV 08–0411–LMB, 2010 WL 1338092,
*7 n. 3 (D.Idaho Mar. 31, 2010) (“At this point, it must be noted that, in support of his brief, Respondent cites to Wikipedia.
While it may support his contention of what the mathematical symbols of ‘’ refer to, Respondent is admonished from
using Wikipedia as an authority in this District again. Wikipedia is not a reliable source at this level of discourse. As an attorney
representing the United States, Mr. Rodriguez should know that citations to such unreliable sources only serve to undermine his
reliability as counsel”); R. Jason Richards, Courting Wikipedia, 44 TRIAL 62, 62 (2008) (“Since when did a Web site that any
Internet surfer can edit become an authoritative source by which law students could write passing papers, experts could provide
credible testimony, lawyers could craft legal arguments, and judges could issue precedents?”); James Glerick, Wikipedians Leave
Cyberspace, Meet in Egypt, WALL ST. J., Aug. 8, 2008, at W1 (“Anyone can edit [a Wikipedia] article, anonymously, hit and
run. From the very beginning that has been Wikipedia's greatest strength and its greatest weakness”).” Crispin v. Christian Audigier, Inc., 717 F.Supp.2d 965, 976 (C.D. Cal., 2010).

Definitely not 'scholarly mature.'

Comment Re:Macrumors shows $329 as the base price. (Score 1) 211

$250 would be nice but it's probably $329.

Agreed. As an Apple fanboi since they only shipped 6502-based machines, and the current owner of a MacBook, Pro, and Air and last-gen Mac mini, plus iPod Nano, Touch; first gen iPad, iPhone 4S...

And a Nexus 7 (and various other Android tablets)... There's no way (based on the Bexus) Apple can hit the $249 price point at the build quality they demand and their users expect... The Nexus 7 is great (compared to my previous Abdroid tablet experiences), but plasticky and with too much chassis flex. It's like a Toyota Camry vs. a Lexus ES...

Comment Re:The API isn't GPL. Using the kernel code is. (Score 4, Interesting) 946

derived works definition for software.

Which is what, exactly? I'm a copyright attorney who has studied computer science at the post-graduate level (and am a Tau Beta Pi member), and I still can't give you a coherent, comprehensive definition for 'derived work' in software that's applicable throughout the whole of the United States, let alone internationally. The GPL is a clusterfuck in that respect, and it's never been considered by any authoritative (i.e., Federal Circuit level) court...

Comment Re:And this is why (Score 1) 946

Because they include a lot of patented stuff (including algorithms) in their hardware that would be exposed if the full source code for the drivers was available, and they legally are not allowed to permit that.

Bzzt. In order to get a patent in the first place, you have to describe the process you're patenting in sufficient detail so that a practitioner of ordinary skill can implement the process (when the patent expires). Thus, the public domain is enhanced by the (delayed, but inevitable) inclusion of your (temporarily exclusively yours, but eventually "the world's") patented process.

They might, however, have trade secret algorithms that may not necessarily be patentable (or the useful life of the TS is expected to outlive a traditional patent), that they may wish to protect.

They may have third party code that they cannot (re)license under an open source license.

Who knows what their rationales are...

Comment Re:It would still become a derived work of the ker (Score 2) 946

Isn't the Linux kernel and its API expressly exempted from the viral nature of the GPL? Per the COPYING file: “NOTE! This copyright does *not* cover user programs that use kernel services by normal system calls - this is merely considered normal use of the kernel, and does *not* fall under the heading of "derived work".”

Comment Slackware - RedHat - CentOS/Fedora/Ubuntu (Score 1) 867

Started off in '95 with Slackware 2.2.0 (kernel 1.2.13), though I also dabbled with a retail version of RedHat 5 and I think Mandrake "Secure" Linux 6.x ('secure' in that it came with SSL tech, back when it was still encumbered by the RSA patent and cost money to deploy).

When I started working in the 'real world' (circa 2000) RedHat 6.2 - 7.3. These days, anything not running OS X is running either Ubuntu (laptops and workstations), Fedora (LXDE spin for older hardware), or CentOS (servers).

Comment Re:Probably (Score 1) 761

Which makes me wonder why the order was issued to her instead of Facebook.

Might have something to do with the fact that Facebook isn't a party to the litigation and thus can't be ordered (outside of, perhaps, the very specific circumstance of an order to enforce a subpoena, but given the ECPA/SCA, good luck with even that) by that judge to do anything...

Comment Re:They've got it backwards. (Score 1) 434

In Vernor Vinge "A fire upon the Deep", humans are marooned in orbit around a low-tech civilization...

Actually, you're thinking of A Deepness in the Sky. In A Fire Upon the Deep, humans are stranded on a planet with a low-tech canine civilization, and the 'interference' (radios, gunpowder, etc) is direct. (And technically, they're not marooned in orbit, they anchor themselves in a LaGrange point. They only enter the planet's orbit at the beginning, and at the end...)

Comment Re:Missing from the Article: (Score 1) 207

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