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Comment: Re:First Sale (Score 1) 465

No, you bought a non-transferable license. If you bought a physical copy, then you bought a real tangible and transferable asset, subject to first sale. An electronic copy is legally different in many jurisdictions. Until everyone, everywhere, has law or court case precedence guaranteeing the first sale right to electronic purchases we will see many more of these actions by companies that want their cut of all sales, from the first and all proceeding secondary sales.

Comment: Re:The solution is obvious (Score 1) 579

Microsoft does NOT control their own update process for Windows phone. Updates are delayed by each carrier for "testing" before being released. You can visit Windows Phone Availability to see which carriers phones have been updated to the latest version, Denim. As it stands, only 1 carrier has issued the Denim update, and only to 2 phones. If you don't have one of those 2 phones from that specific carrier in the US, you can only obtain the Denim update by signing up as a developer. Of course, by doing so, you acknowledge that your carrier no longer has to support your phone since you are no longer running carrier approved firmware.

Comment: Re:The solution is obvious (Score 1) 579

Google didn't have the market clout that Apple did to force the carriers into the agreement. Remember, Apple had to "shop around" for a carrier that would agree to the financial and control terms for the iPhone. Verizon famously turned down the offer for exclusivity, AT&T did not. At the time, with the popularity of the iPod, one would think that an iPod phone would print it's own money and that all the carrier's would be scrambling to jump to Apple's whim. As we saw though, only AT&T saw the potential, and everyone else was left playing catch-up.

Comment: Re:Not to be an apologist for Google, but (Score 1) 579

Microsoft does NOT control their own update process for Windows phone. Updates are delayed by each carrier for "testing" before being released. You can visit Windows Phone Availability to see which carriers phones have been updated to the latest version, Denim. As it stands, only 1 carrier has issued the Denim update, and only to 2 phones. If you don't have one of those 2 phones from that specific carrier in the US, you can only obtain the Denim update by signing up as a developer. Of course, by doing so, you acknowledge that your carrier no longer has to support your phone since you are no longer running carrier approved firmware.

Comment: Re:The solution is obvious (Score 4, Insightful) 579

No, the carriers made up this system, and it existed long before Android entered the market. Symbian OS, Windows Phone, and Android are all affected. Apple managed to get AT&T to agree to allow Apple to control when and how updates to the iPhone are provided as part of the initial AT&T exclusive partnership agreement for the original iPhone. Every carrier since AT&T has had to agree to the same provision regarding Apple's control, or they don't get the iPhone. I'm not aware of ANY other phone manufacturer that has managed that feat before or since, without being forced to sell their phones directly to the public as carrier free/unlocked phones as Nokia did with the n900.

Comment: Whatever (Score 1) 290

by Munchr (#47890747) Attached to: German Court: Google Must Stop Ignoring Customer E-mails
If I were Google, I'd simply reply to the court with Fuck You, and turn off Google.de, and then wait for their response since I don't care if I have users in Germany or not. But hey, I'm not Google, and I'm sure they care about making money there, so I wonder if they'll start answering that support address for only provably German users, or for anyone that uses that address regardless of location?

Comment: The blame lies with Oregon (Score 5, Interesting) 212

by Munchr (#47737343) Attached to: Oregon Sues Oracle For "Abysmal" Healthcare Website
I have no love for Oracle, but the blame cannot be placed at their feet. As has been reported in local Oregon and nationwide news, Oracle insisted Oregon hire a project manager and systems integrator, either because the contract did not permit Oracle to fulfill those roles or Oracle was not capable of performing those roles. Oregon refused those requests, despite many warnings from Oracle and Cover Oregon's own director that without such services the site would not be ready to go live. Instead, Oregon placed a gag order on everyone involved in the project to hide the problems from the public. This is very much a problem caused by Oregon, not by any willful fraud by Oracle. This is also SOP for Oregon Government, with just about any project they undertake. (Full disclosure, I am one of many pissed off Oregonians.)

Comment: Not suprised (Score 2) 251

by Munchr (#47709801) Attached to: Comcast Training Materials Leaked
I'm not surprised at this, it is par for the course for many telephone support agents. I used to do telephone support for Hewlett Packard, until they let me go because I couldn't meet the sales quotas. Not because customers disliked me, not because I couldn't fix customers pc's, but because I couldn't meet a goal of $80.00-$100.00 average revenue per call. Most companies treat their support departments as a revenue drain, since the price of support is no longer built into the purchase price of the item sold in the race to reach the cheapest prices to gain market share. In the case of Comcast, it's pure profit since they overcharge on the services anyway.

Comment: Re:Could be a different route involved for the VPN (Score 1) 398

It seems to me that it is much more accurate to talk about this "data Verizon is requesting from Netflix" rather than "data Netflix is sending Verizon". It's not like Netflix is passing data through Verizon to reach Comcast subscribers. Rather, Verizon is demanding this data from Netflix, on behalf of it's own subscribers, and intentionally limiting how much of it actually reaches their subscribers and how quickly.

You can measure a programmer's perspective by noting his attitude on the continuing viability of FORTRAN. -- Alan Perlis

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