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Comment Re:First against the wall (Score 3) 32

Railing against age verification while an orange man is sending the military into your cities, destroying your way of life and antagonizing the whole world against you is priceless.

Age verification is not what is being discussed, and only an incredibly simple person who is completely unable to imagine ramifications of what is obviously ubiquitous identity verification would make such a drastic mistake. This kind of technology is an obvious component of "sending the military into [our] cities" and "destroying [our] way of life" and is in fact exactly what the followers of the orange piggy are promoting. Did you not notice what's going on with e.g. flock? Fucking wake up and learn to pay attention, fascism enabler.

Comment Re:Non-commercial use only (Score 1) 75

Maybe the legal experts could sit down and work out how to modify licenses (including the GPL/LGPL) to be for non-commercial use only?

That's easy. You just put "for non-commercial use only" in the license and give the license a new name. Then no corporate entities use it and therefore they never give anything back to the project and it dies. Mission accomplished?

Comment Re:We must normalize paying for worth (Score 1) 75

Comparing this to tipping is the wrong approach because tipping is fucking stupid. The problem with your analogy is that the executive are going to a for-profit business that isn't paying its employees properly.

I thought it was a stupid analogy until I read that. This is essentially what's happening, who's working where is the only difference. The executives love it specifically because they don't have to pay the people doing the work. We do need to solve that problem. If we're not going to solve it with UBI, which remains the simplest way to solve a long list of problems like this, then it's just going to need to be solved in some other way.

But just like best solution to the tipped wage problem is to eliminate it and make everyone pay a living wage, the best solution to this problem is UBI.

Comment Re:Time for a tax. (Score 1) 75

Perens' Post Open licensing approach is interesting but creates a two-tier ecosystem: "free for individuals, pay for commercial use" sounds clean until you realize it breaks the fundamental property that made open source eat the world.

This is on brand for Perens, who was part of the OSI effort to take over the whole idea of "Open Source".

What's actually needed: mandatory contribution structured as a fee, not a license restriction. Here's one way to do it. Small flat fee on all US commercial revenue above $5M (the entire world runs on OSS, everyone pays to maintain it), larger marginal fee on companies whose products directly incorporate OSS.

Holy shit just get it from the general fund, spending shitloads figuring out who pays how much and arguing about it in court (which is what will happen, guaranteed) is dumb when we all benefit from foss.

Comment Re:If payment's required to access open-source sw (Score 1) 75

Consider how IBM / Red Hat are actively overriding the licenses of the software they distribute.

This is a real problem.

Consider how coding LLMs copy without attribution open source snippets found by their company spiders.

This is also a real problem.

Consider how Google locks up Android code by making closed source play services effectively essential.

This is not a real problem. Google gives away the OSS code as required. You are free to use it as you like. If you don't like being hobbled by play store requirements you can use the other pieces to build a system which isn't like that. There are already systems which do this which prove it.

Consider how web sites use modified open source tooling without sharing their added code back.

That's why we now have the AGPL. You're free to use it for your projects.

We live in a different world.

The web site model is the same as the microcomputer or mainframe or SaaS model (which is old AF, consider Compu$erve) so that part isn't new. It's just come back.

I really don't think people are taking the IBM/Redhate problem seriously enough. It's open and flagrant violation because it clearly violates the additional restrictions clause.

Comment Re:but they want the same dealers to be only repai (Score 1) 41

but they want the same dealers to be only repair place.

Automakers are generally happy to sell training and service equipment to non-dealership shops. Parts can be a more complicated problem. They don't want to sell parts outside of dealership networks. However, if they successfully got rid of dealerships (and all automakers do all of the direct sales they can get away with, they would love to dispose of them) they either would step that up or develop their own service networks, or both. They would have to either open service chains or enable franchises, or I suppose simply allow the suppliers to sell parts into the channel directly earlier. They already do this, just not immediately in most cases.

If you (yes, you) want to take the same courses from Audi or Ford or Honda that the dealership techs take, you can do that. You just sign up and pay a shitload of money.

Comment Re:Was not expecting them to admit that (Score 1) 41

They had to say it that way, because the more accurate statement is that the dealership law unfairly advantages existing automakers.

Even the entrenched automakers don't want dealerships to exist, they would all prefer to sell directly. They have better ways to keep down competition at the federal level. Dealerships just take a cut of what they could be keeping all of if they didn't exist.

Comment Re:I live in Washington state (Score 1) 41

I say let people choose, do they wan to buy from a dealer or direct from manufacturer,

I say do not let manufacturers choose, mandate that they release all documentation and software they create internally for service purposes. That's what's going to free consumers from tyranny of manufacturers and stealerships.

Comment Re:This reminds me of something (Score 1) 51

Reply "yes", then close and reopen this message to activate the link.

No matter how idiot-proof you make technology, God will always create a better idiot. That's why the right way to solve this problem is:

  • Make it as hard as possible for users to accidentally do something that is irreversible, and as easy as possible to roll back even serious mistakes. This means, among other things, keeping more than just a single backup. (Apple, I'm talking about your borderline useless iCloud backups here when I say that.)

You don't like Time Machine? I have hourly backups on one drive, and daily backups on a drive I store in a different location.

I love Time Machine (except for how slow it is over SMB and how often the disk images corrupt themselves in ways that prevent future backups). Wish it existed on iOS and VisionOS.

Comment Re:Dolby is run by fuckwads (Score 1) 42

Your no true Scotsman fallacy is showing you don't even know what a Scotsman looks like. Virtually 100% of patent holders sit on all their patents for the entire duration of the patent.

That's because virtually 100% of patent holders use their patents defensively.

waiting for the patented technology to be ingrained in the industry

Dolby actively used their patents and actively defended them. They created that technology and marketed it heavily. They didn't sit around and wait. Just because they make most of their money from licensing doesn't make them a patent troll any more than every university in the world is suddenly a patent troll by your definition.

You missed the part where they knowingly allowed a patent to become part of a published open standard and ignored it for an entire decade, *then* started going after violations.

Oh, actually, it's worse than that. Dolby acquired these patents from General Electric two years ago. So in this matter, they quite literally ARE patent trolls. They did nothing to create this technology, but rather bought the patents to enrich themselves by becoming a leech on the industry now that companies are abandoning their codecs in favor of codecs whose encoders don't involve royalties.

Yes, but using them offensively after sitting on them violates the doctrine of Laches.

This isn't offensive. By all accounts their licensed product has been taken without a license paid.

You obviously don't understand patent law terminology, so let me give you a refresher:

  • Defensive use of patents - patents held until someone sues you, then used to retaliate and make the other company's lawsuit more expensive and complex, usually resulting in a cross-licensing agreement.
  • Offensive use of patents - suing someone else over the patent without having been previously sued by that someone else.

Suing multiple companies for violating a patent without getting sued first is the very definition of offensive use of a patent.

In effect, they sat on the patents so that people would end up depending on AV1

Congrats on falling into a vortex of ignorance. Headlines are fun to latch on to, especially useless ones likes Slashdot headlines. Dolby isn't suing Snapchat for AV1. Dolby is suing Snapchat for not paying HEVC license. AV1 is just caught up in as a listed example due to Snapchat's HEVC-AV1 transcoder being one of the infringing items on the docket.

Those are actually separate lawsuits. (See link above.) The AV1 lawsuit is suing to stop them from using AV1 and force them to use a Dolby-licensed codec. They're also suing a Chinese hardware maker over AV1 at the same time.

At this point, it would be entirely reasonable for a judge to declare that because they failed to act against AOMedia

That's not how the law works. AOMedia has infringed zero patents. You can't infringe a patent by creating an algorithm and publishing it online. If that were the case you may as well say the US Patent Office is infringing patents. Businesses using products infringe patents.

The hell you can't. Patent infringement occurs on creating an instance of an invention. The moment they create source code for the software (an instantiation of the patent), they have violated the patent. It doesn't have to be instantiated into hardware or used by a business to be a violation. The patent violations began when AOMedia distributed the first beta versions a decade ago. The original patent holder (GE) did not sue.

To be fair, the reference implementation may not have been directly created or distributed by AOMedia, in which case the same applies, but to whatever company actually created and distributed it. This is largely an unimportant detail.

Businesses using products *also* infringe patents, which IMO, is a bad thing, but that's a separate discussion.

they lost their right to sue AOMedia for damages in creating the patented technology

Literally no one is suing AOMedia.

You literally didn't understand what I said.

Patent exhaustion occurs when a product is sold by someone who has the right to sell something that violates a patent, which typically means that either they own the patent or they paid licensing fees. It prevents someone from then suing downstream customers. And there is a six-year statute of limitations on suing over a patent violation. What I'm arguing is that:

  • Distribution of open source software effectively occurs exactly once per version, because the redistribution permission inherent in open source software makes it impossible to determine whether a copy of the software was obtained directly from the creator on a particular date or from someone else who previously got it from the creator.
  • Open source distribution is effectively a sale for patent purposes, just at zero cost.
  • That sale occurred a decade ago when AOMedia distributed the reference implementation.
  • Because no objection was made to that sale (against AOMedia) during the statutorily limited 6-year period, that sale should be considered to be an authorized sale, in which case patent exhaustion occurred on the results of that sale.
  • All copies of the original reference implementation and their derivatives are therefore untouchable.

This is a legal theory. To my knowledge, it has never been tested in court, largely because companies do not do what Dolby is doing, suing companies for using open source reference implementations or their derivatives nearly a decade after their release. And it should be clear that this theory applies only to patents in the context of software.

Comment Re:It's inevitable (Score 0) 179

it is LGPL2 or later. So LGPL3 applies. So the anti tivoization clause applies.

That's the opposite of how that works. It's LGPL 2 or later. That means you can follow the terms of redistribution from either license. Either. Or.

Sure. But it won't be your usual Linux distro.

It will do the same jobs. Most of the software on which we depend predates the GPL3 and/or uses an even more permissive license without an anti-tivoization clause.

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