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Comment Re: ZFS is nice... (Score 1) 267

But it's combined by the user at runtime, not by canocal. The GPL allows an end users to do this.

This is a way that people kid themselves about the GPL. If the user were really porting ZFS on their own, combining the work and never distributing it, that would work. But the user isn't combining it. The Ubuntu developer is creating instructions which explicitly load the driver into the kernel. These instructions are either a link script that references the kernel, or a pre-linked dynamic module. Creating those instructions and distributing them to the user is tantamount to performing the act on the user's system, under your control rather than the user's.

To show this with an analogy, suppose you placed a bomb in the user's system which would go off when they loaded the ZFS module. But Judge, you might say, I am innocent because the victim is actually the person who set off the bomb. All I did was distribute a harmless unexploded bomb.

So, it's clear that you can perform actions that have effects later in time and at a different place that are your action rather than the user's. That is what building a dynamic module or linking scripts does.

There is also the problem that the pieces, Linux and ZFS, are probably distributed together. There is specific language in the GPL to catch that.

A lot of people don't realize what they get charged with when they violate the GPL (or any license). They don't get charged with violating the license terms. They are charged with copyright infringement, and their defense is that they have a license. So, the defense has to prove that they were in conformance with every license term.

This is another situation where I would have a pretty easy time making the programmer look bad when they are deposed.

Comment In fact a new version often is how it should be (Score 3, Insightful) 233

Companies should regularly update their products to use the latest tech. There is no reason to freeze a product and not update it for a long time just to make owners feel like they still have the "latest". Rather they should update as often as changes in available technology/manufacturing/etc dictate. Customers then buy new ones as often as they feel it useful.

That's how it has been with desktop computers, excluding Apple, forever. Few, if any, people upgrade every time something new comes out because the changes are usually minor. They buy something, stick with it for a few years, then buy something new when they feel like they want or need it.

The problem is that Apple devices seem to be something that some people wrap their ego in. They feel a need to have the newest device to be "cool" or some such and thus get mad when a newer device comes out that they cannot or do not wish to purchase since they feel it somehow lessens what they do have.

Comment Re:ZFS is nice... (Score 1) 267

Uh, that doesn't work. The problem is that doing exactly what you've written down is contriving to avoid your copyright responsibility by deliberately creating a structure in someone else's work which you believe would be a copyright insulator. If you went ahead and did this (I'm not saying that you personally would be the one at Ubuntu to do so), I'd love to be there when you are deposed. Part of my business is to feed attorneys questions when they cross-examine you. I have in a similar situation made a programmer look really bad, and the parties settled as soon as they saw the deposition and my expert report. See also my comment regarding how Oracle v. Google has changed this issue. You can't count on an API to be a copyright insulator in any context any longer.

Comment Re:ZFS is nice... (Score 1) 267

I think you need to look at this in the context of the appeal of Oracle v. Google. We had a concept of an API being a boundary of copyright based on 17 CFR 102(b) and elucidated by Judge Walker's finding in CAI v. Altai. That stood for a long time. But Oracle v. Google essentially overturned it and we're still waiting to see what the lower court does in response.

Comment CDDL and GPL don't mix (Score 3, Informative) 267

Regardless of what Ubuntu has convinced themselves of, in this context the ZFS filesystem driver would be an unlicensed derivative work. If they don't want it to be so, it needs to be in user-mode instead of loaded into the kernel address space and using unexported APIs of the kernel.

A lot of people try to deceive themselves (and you) that they can do silly things, like putting an API between software under two licenses, and that such an API becomes a "computer condom" that protects you from the GPL. This rationale was never true and was overturned by the court in the appeal of Oracle v. Google.

Comment Ya I'm having trouble imagining it (Score 2) 170

Everyone I know, even the cheap types, keeps some kind of wired Internet. It is usually faster than wireless and always cheaper per GB. If you were an EXTREMELY light user I suppose you could go all wireless all the time, but even for the casual user who likes to surf the web on a daily basis and watch cat videos, you'll easily use more data than a wireless provider is interested in letting you have cheap and they'll charge and/or throttle.

Simple example: T-Mobile gives me phone, text, and 1GB of data for $50/month. It would run me $30/month more to get unlimited data (they'll throttle if you get too excessive though). That's for a single device, and gives 7GB of tethering. Speeds are in the realm of 40mbits max, 20-30mbits normally. So that'd work only if your phone is going to be the one-and-only device you use for most things, and do a little surfing on something else. If you want to add a tablet to it you'd be talking adding another line/device which brings it up to about $100/month with 10GB of data per device.

Ok well then having a look at the cable company for about $60/month they'll sell you a 50mbit connection with a 350GB soft cap (meaning if you go over they complain at you and try to upsell you, they don't charge or throttle). You'll really get those kinds of speeds too, pretty much all the time.

That's more money, but not a ton more. Presuming you would have the basic phone plan anyhow you pay about $30/month more than the unlimited or $10/month more than the two devices. With that you get a faster connection, the ability to connect as many devices as you like, enough data to watch Netflix, download games, and so on. Also, you can, of course, upgrade your speed. They'll happily sell you 100mbit or 300mbit for a bit more per month (about $75 and $100 respectively) whereas the mobile speed is what it is.

Not surprising then that all the people I know keep a wired connection. Personally I don't find I need much LTE data, I use WiFi most of the time at work and home, so the 1GB cap is fine for me (more than fine actually) but I need a lot more on another connection. Looking at my usage I used about 350GB last month. Not the kind of thing a wireless provider would be ok with.

Comment Even if it isn't some blend (Score 4, Insightful) 570

Most fruit juices have a lot of sugar. Fruit contains a lot of fructose, water, and fiber. So squeeze out the water that contains the fructose, the fiber gets left behind, and you have something that is by volume and weight a tons of sugar.

Apple juice is a good example. If you go and have a look at the Simply Apple stuff at a grocer you can see easily. It really is 100% pure apple juice. They don't add any sweetener or anything else, they just squeeze the juice out of apple and bottle that shit up... and it is as high calorie as soda. 180 calories per 12 oz (355ml). For comparison Pepsi is 150 and Mountain Dew is 170.

I love apple juice, it tastes fantastic, but you can't fool yourself in to thinking that because it is juice it is magically good.

Comment And what, pray tell, is a "digital agenda"? (Score 4, Insightful) 109

Because it seems the US likes technology plenty. The US is a bastion of high tech research and production. Intel, AMD, nVidia, Texas Instruments, Analog Devices, Broadcom, IBM, most of the big names in chip technology are US companies with US R&D centers, and many of them have a lot of US production. That's just one example, you can point to plenty of other technologies that the US does a ton in, it is just a good one since those chips tend to underlie our digital devices these days.

Same deal on the purely digital side of things, namely software. The US is a mainstay in virtually every segment of software.

So what is this "digital agenda" that the US so desperately supposedly needs to not fall behind? Because they seem to be doing well.

Also as an aside, what's wrong with being #2 or #3 in something? I've visited a number of other countries, and by definition not all of them are #1 at most things. They are still very nice places to live and I have no issues. Seems that between #1 and "stone age shithole" there is a whole range of "quite nice places to live". So who cares if China is #1 at something?

To communicate is the beginning of understanding. -- AT&T