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Comment: Let me try fixing the summary for you (Score 1) 117

by halivar (#47916165) Attached to: Why Apple Should Open-Source Swift -- But Won't

Faster innovation, better security, new markets — the case for opening Swift (an innovative new programming language for Cocoa and Cocoa Touch [high-level APIs that make it easy to create OS X (a series of Unix-based graphical interface operating systems developed and marketed by Apple Inc.) apps (applications; computer programs that run on PC [personal computer] or mobile device) with just a few lines of code (collection of computer instructions written using some human-readable computer language, usually as text)]) might be more compelling than Apple (American multinational corporation headquartered in Cupertino, California, that designs, develops, and sells consumer electronics, computer software, online services, and personal computers) will admit, writes Peter Wayner (contributing editor of the InfoWorld Test Center and the author of more than 16 books on diverse topics including open source software, autonomous cars, privacy-enhanced computation, digital transactions, and steganography). "In recent years, creators of programming languages (a formal constructed language designed to communicate instructions to a machine, particularly a computer) have gone out of their way to get their code running on as many different computers as possible. This has meant open-sourcing (applying an open-source [a development model promotes a universal access via a free license to a product's design or blueprint, and universal redistribution of that design or blueprint, including subsequent improvements to it by anyone] license [authorization to use intellectual property] to) their tools and doing everything they could to evangelize their work. Apple has never followed the same path as everyone else. The best course may be to open up Swift to everyone, but that doesn't mean Apple will. Nor should we assume that giving us something for free (as in beer) is in Apple's or (gasp) our best interests. The question ( linguistic expression used to make a request for information, or the request made using such an expression) of open-sourcing a language like Swift is trickier than it looks."

Comment: Re:Kickstarter's Problem (Score 1) 211

by halivar (#47891831) Attached to: Kickstarter's Problem: You Have To Make the Game Before You Ask For Money

You COULD fund the fundseeker without going through KS, but it would be hard to do and incredibly inconvenient for both of you. The contract is this: you exchanged money for goods and services, and is no different than any other purchase you make; a store can't make you pay for something and then go put the item back on the shelf; there is an obligation to deliver. The brokerage introduces an interesting but not novel complexity: KS gets a fee for hosting the exchange, but the money goes to the vendor still.

Comment: Re:Kickstarter's Problem (Score 1) 211

by halivar (#47891551) Attached to: Kickstarter's Problem: You Have To Make the Game Before You Ask For Money

I understand your frustration. But the TOS says you are entitled to a full refund from the creator, and the FAQ states that they are legally obligated to provide it to you. I hope that helps. KS is uninvolved because they have no business with the creator after the campaign ends. At that point, it's all on the creator to deliver. The FAQ suggests that you look carefully at the people behind the campaign before you decide if it's an acceptable risk; even though in the worst-case scenario you are still entitled to a refund.

Comment: Re:Kickstarter's Problem (Score 1) 211

by halivar (#47891503) Attached to: Kickstarter's Problem: You Have To Make the Game Before You Ask For Money

If I was KS, and I was assuming legal liability for all campaigns I hosted, I'd damn well ask for copyright, trademark, and patent assignments from all campaigns, too. But that's not how it works, currently. KS is a broker for a business transaction between you and the party that established the campaign.

Comment: Re:Kickstarter's Problem (Score 0) 211

by halivar (#47891483) Attached to: Kickstarter's Problem: You Have To Make the Game Before You Ask For Money

The TOS is clear. Your quarrel is not with KS, but with the guy that reneged on his promise to deliver. The FAQ further clarifies that the TOS to which the company agreed when they started the KS campaign imposes legal obligations on them, to you.

Don't blame KS; get a lawyer and sue the company that broke their promise.

Comment: Re:Star Citizen and Elite Dangerous did fine (Score 1) 211

by halivar (#47891429) Attached to: Kickstarter's Problem: You Have To Make the Game Before You Ask For Money

Star Citizen had a couple things going for it:
1) It was meeting a need felt by anyone that loved Wing Commander: Privateer.
2) They didn't give monthly or weekly updates, but DAILY updates. Backers know exactly what the state of it is.
3) The Chris Roberts name was big, but not as big as #1 and #2.

Unsung Story: Tales of the Guardians is the exact opposite. It was also a speculative KS campaign with both #1 and #3 going for it; it promised to be the second coming of Final Fantasy: Tactics. Completed Funding in February with only monthly updates since then, already some backers are feeling scammed.

Update early, update often. Backers will forgive delays if they know what's going on.

Comment: Re:Kickstarter's Problem (Score 5, Informative) 211

by halivar (#47891277) Attached to: Kickstarter's Problem: You Have To Make the Game Before You Ask For Money

Not true. From the KS TOS:

Project Creators are required to fulfill all rewards of their successful fundraising campaigns or refund any Backer whose reward they do not or cannot fulfill.

And from the FAQ:

Is a creator legally obligated to fulfill the promises of their project?
Yes. Kickstarter's Terms of Use require creators to fulfill all rewards of their project or refund any backer whose reward they do not or cannot fulfill. (This is what creators see before they launch.) This information can serve as a basis for legal recourse if a creator doesn't fulfill their promises. We hope that backers will consider using this provision only in cases where they feel that a creator has not made a good faith effort to complete the project and fulfill.

I go on working for the same reason a hen goes on laying eggs. -- H.L. Mencken

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