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Comment Re:Hmmmm ... legality? (Score 1) 138

So, once the order has been placed, haven't you effectively entered into a contract for sale or something?

Most likely the sale is only entered at a later stage. Could be if the charge your credit card, could be if the ship.

And most likely, they have terms and conditions that basically say "we offer what you see on the website, except if there are obvious mistakes". And the only way you could complain is if you spot a pattern, like if this happens repeatedly, or if they refuse to sell to you but don't change the advertised price.

Comment Re:Why not ask the authors of the GPL Ver.2? (Score 3, Interesting) 173

Now all that said, from all I've heard the authors of the GPL were quite competent in what they were doing, so it is quite likely that the GPL says what they meant.

I think the most important thing is about remedies, and there is quite strong precedence. It seems that if you use open-sourced software and don't do what you are supposed to do according to the license, you are a copyright infringer, and not someone in breach of contract. So the damages are those of a copyright infringer (up to $150,000 per work, or the proven damage), and not those of a person in breach of contract.

Comment Re:Does GPLv2 Grant a Patent license (Score 1) 173

If you distribute a license to use for these terms and you control the patent on them you have an implied license to do so and all it will take is a promissory estoppel motion to squash that claim.

I really wouldn't think so. Sure, it has to be made clear that the license for the software doesn't include the license for the patents. But it would make absolute sense if a patent holder made it easy for companies to actually use their patent by providing open source software to use the patent, instead of everyone having to create their own proprietary software.

Comment Re:Why not ask the authors of the GPL Ver.2? (Score 1) 173

Well, that part is actually not up to the GPL to define it's a key part of copyright law, if it's not derivative it's not covered by copyright so the GPL wouldn't apply.

Well... Copyright law is about different things, mostly about copying and creating derivative works. A judge would decide whether someone made a copy, or whether someone created a derivative work, according to the law, and the GPL cannot override this. With that decided, the judge will then conclude that either you did need permission by the GPL, or you didn't need permission by the GPL to do what you did.

On the other hand, the GPL can say in its own terms what it allows you to do. They could say "you are allowed to create a derivative work if you do A, B and C; we consider it a derivative work if you did X, Y and Z". Then the judge would check if you did X, Y and Z to decide whether you needed to do A, B and C to get permission from GPL.

If you didn't need permission, then it doesn't matter what the GPL says. If you did need permission, then it matters.

Comment Re:Hope they keep Stallman off the stand... (Score 4, Insightful) 173

RMS only commissioned the license. He did not create it. The lawyer that actually drafted the license would likely be a much better "witness" assuming that such things would even be considered in this case.

Even so, what the lawyers who created the license intended doesn't matter. Or what he was told that the license should achieve, doesn't matter either. The text of the license matters.

Comment Re:So basically.. (Score 1) 295

No, the taxi drivers are arguing they can be the only ones to drive people to their destination and charge them for the ride.

The taxi drivers are arguing that since there is a shitload of rules and regulations that they have to follow to be allowed to drive people to their destination and charge, others shouldn't be allowed to do so without following the same shitload of rules and regulations.

They are also probably worried that prices are driven down by a company exploiting people who just want to make a bit of extra money. I'd love to see what percentage of Uber drivers have proper insurance and pay their taxes.

Comment Economists... (Score 2, Interesting) 190

Now, most economists would say that raising prices during periods of high demand is what suppliers should do, for various reasons.

In the UK, a few years ago they had a "petrol strike" where drivers refused to transport fuel to petrol stations. Panic ensued. One owner of a petrol station who still had fuel left decided to double the price.

Three days later the strike was over. Two months later, the station closed down, bankrupt.

Comment Re:Tech angle? (Score 1) 880

I really respect what you are saying in general, about greed and poverty, as it appears to come from a good heart and personal experience. However, I really doubt the Islamic State guys are motivated by socioeconomic suffering. I'm not sure what their motivation is but I can speculate on many other sources for motivation.

Well, look at the guys. Their religion tells them to dress and to behave towards women so that no woman would touch them with a barge pole unless forced to. The average bearded muslim looks ten times worse than the average Unix programmer and has a tenth of the brain, so they have no chance to get laid by any woman volunteering without getting paid.

And that just drives them nuts and hateful. Instead of shaving and getting a decent haircut and doing something to make themselves a bit attractive, they believe some fairy tales of virgins waiting for them in heaven. Sorry, guys, heaven is not where you are going! No virgins for you!

Comment Re:Muslims? (Score 1) 880

Consider this: These people are not muslims. They are total fuckwits who lost their minds and got their hands on some guns. If the religion that they claim to "support" is correct in what it teaches, then these guys will end up in hell for what they are doing. If other religions are correct in what they teach, they will end up in a slightly different but equally terrible place. That's one of the few negative aspects of being an atheist, knowing that these guys won't get the punishment they deserve.

Comment Re:These are the men we want to memorialize? (Score 1) 171

Careful with your terminology - "rapist" means a conviction

Not at all. You can be falsely convicted of rape, then you are not a rapist. Or you can be wrongly set free, then you are still a rapist. "Rapist" is about the fact that someone has committed the crime. "Convicted rapist" is someone being convicted for the crime.

Comment Failure in EULA (Score 3, Interesting) 135

It doesn't work that way.

Usually, the software developer requires that you accept the EULA in order to get the right to use the software. Does that mean that you accepted the EULA if you use the software? It doesn't.

It means that if you use the software, you _either_ accepted the EULA _or_ you committed an act of copyright infringement. However, IBM cannot know which one. Therefore, they cannot do things that would be illegal if you didn't accept the EULA, like accessing your files.

(Many EULAs contain terms that allow you only limited amount of copying. That's completely legal, because either you accept the EULA and accept that you cannot make unlimited copies, or you don't accept the EULA and cannot legally make any copies at all. This EULA is different).

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