Java and avoiding software piracy?

K

~kurt

Twisted said:
No, but the law is (or rather, was supposed to be) developed to
maximize the benefit to society.

I believe your premise here is wrong though. Laws also exist to protect
the rights of the individual, which quite often conflict with the benefit
of society in general. In the US, there is a struggle between the more
trational American way of thinking that involves protecting individual rights,
vs. the more "progressive" thinking that benefits society (the masses).
More and more often, the potential of the individual is being limited in
the name of the greater good.

A case in point that is almost on topic - look at modern software development.
It embraces process, and this CMMI thing. It can benefit overall development,
but at the cost of neutralizing you hero programmers, who are often critical
to the success of a project.
Corporations can try to screw the customer and create artificial
scarcity. The government should, up to a point (outright fraud and
actual violence/theft), let them. The government should not actually
assist them, or obstruct or even criminalize customers getting around
these corporations' attempts. The government should be neutral in this
case. Instead it sides with big business in this case.

Well, I can agree with much of what you have said. Things such as the DMCA
are absurd. The fact that it is illegal for me to create software that can
circumvent software protection methods is BS. I have no problem with it
being illegal to steal (make copies) of software and music where the
copyright holder does not permit such actions, but making the tools that
allows one to do this should not be illegal.

- Kurt
 
O

Oliver Wong

Twisted said:
I don't see that people who are not burdened at all have any right to
intrude into the privacy of my home or wherever. I don't believe I
should need permission to do anything from anyone it doesn't take away
from. (And I don't consider not-yet-earned profits something I can be
taking away from someone who doesn't have them yet; there is no
entitlement to profits.

The way you phrase this paragraph makes it sound like you're
egocentric pirate: "I should be allowed to download all movie, software,
games, etc. I want, because I wasn't gonna pay for those things ANYWAY, so
it's not like they're losing any profits, etc."

I disagree with this philosophy.

Later on, you write:
I don't want to force anyone to do anything. I don't think I should be
able to force Joe to release his software for free. If he wants to
sell it to Kevin for $50,000, take-it-or-leave-it, he has the right
to. If he wants Kevin to have to sign a contract perhaps forbidding
Kevin from redistributing it, he has the right to. He can sue Kevin
for breach of contract if he did have Kevin sign such a contract and
then Kevin sold or gave me a copy anyway. On the other hand he should
have no right to tell me what I can or cannot do with the copy I got
from Kevin, as I never signed any contract with him and I never
received anything from him (I received something from Kevin).

Which is an entirely different matter. IANAL, but I believe this is
essentially how copyright laws work in my country and I'm satisfied with
it. (Incidentally, I thought I'd mention that you seem to take an overly
America-centric view of things).

[...]
Sure you are. You've got a more efficient manufacturing process and
you can therefore compete on price. Good for you.

I guess this is mainly a matter of definitions.
You're the one suggesting that information products be treated
specially by disallowing making fully-substitutable products.

Factually false. I'm guessing what you're referring to is my argument
that software developers should be allowed to charge money for their
software. I have nothing against other software developers making
competing products, even when those competing products are
"fully-substitutable" (though in practice, virtually no software is
fully-sbustituable with another software unless the two are identical).
Why? Just because the market will drive the price actually to zero given
a
chance?

Questions are based on false premise.
Some model would be. Games could be funded with a market price that
rapidly drops to zero if the cost drops to near-zero, e.g. by
community-sourcing content. (Look at the proliferation of third-party
Quake 3 maps and other add-ons if you don't think that's possible.)

This is a common mistake: to assume that games are interchangeable or
fully substitutable. A lot of community content sucks. The vast majority
of games (and I'm counting a player submitted mod as a "game") I've played
were free, and yet the vast majority of games I've actually enjoyed cost
money.
There are other funding models than pay-per-copy and I see no sensible
economics-derived reason to create what amounts to price-protections
for this class of products.

What "price-protection" do you perceive for games? The request from
the developers to not make copies of their software and distribute it over
the internet?
Productivity tools can derive money from support. They're the things
it's most important that society manage to fund. Entertainment is
frivolous and not so important to ensure gets funded somehow. At the
same time entertainment is the popular subset of culture, and culture
needs to be participatory for the health of society.

Can you support this assertion?

[...]
A free market would let everyone choose whether to use something with
Big Brother features or not. We don't have a free market. Some stuff
requires recent versions of Windows that cannot legally be had without
the Big Brother features, so Windows can be indispensible and not
substitutable with a non-Big-Brotherish alternative.

Windows is not indispensible. Many people make it through life just
fine without ever owning a personal computer (I'm not counting things like
computers which may be in their wristwatches or microwave ovens),
nevermind a copy of Windows. And there's that very vocal community of
Linux advocates who proudly state how they've been Windows-free for years.

[snip appeal-to-fear fallacy]
You miss the point of my argument. Corporations are trying to benefit
themselves. Public policy is supposed to benefit the public, not
corporations other than to the extent that it is in the public
interest to aid or subsidize them.

I think we're talking past each other, then. I'm trying to tell you
what the world is like right now, and you're trying to tell me what you
think the world should be.
Making and enforcing public
policies that favor big business at the expense of Joe Consumer is
therefore immoral and should be illegal to legislate (unconstitutional
even). Repealing such policies in favor of pro-consumer ones should be
a high priority. But the government has been bought at auction...and
the Second Civil War now looms in our near future, its onset less than
ten years away now.

(Remember, you heard that here first.)

I advise you not to assume you were the first one to come up with the
idea that a civil war in America may soon occur.
I'm not a moron; I know this. What I mean is, you get an Explorer
window and sort the files by name, say. Now they appear sorted by
name. Drag and drop a new file to move it and the I beam shows where
it should appear when dropped. Drop it and 90% of the time it goes
where the I beam indicates. 10% of the time it goes at the end of the
list of files instead. (Switch to List view from Tiles and that jumps
to 100%, by the way.)

It's easy to reproduce. Make two dummy directories with a load of
dummy files in each and drag files back and forth for a while. Within
20 or so you should get an instance of one jumping to the bottom of
the list instead of going where you dropped it and where the I beam
indicated it would go.

Can you produce a screencast demonstrating the problem? I can't
reproduce your bug on my WinXP SP2 machine.
Last time I checked, Microsoft had started to charge money for the
privilege of complaining to them. Nevermind that they ignore all bug
reports anyway, except maybe security hole reports.

So in other words, "no". And you wonder why your bug (which I'm unable
to reproduce) hasn't gotten fixed for over 10 years?

[snip America-specific stuff]
Actually, what I'm saying is that information, once published,
actually IS free, and that it is violating the very laws of nature to
try to chain it or to charge money merely for access to it.

You can't actually violate a "law of nature", else it wouldn't be a
"law of nature" by definition. Therefore, charging money for access to
information is not against a law of nature.

If you relax your statement a bit, to something like "It's unnatural
for information to not be free", then there's the usual counter of "lots
of things humans do is unnatural, such as developing cure for diseases,
etc."

[snip more America-specific stuff]
I don't remember any such deal ever being made.
I do recall seeing
retailers sell software in the usual manner -- give me this money and
we'll give you this box with this disc of information in it, subject
to whatever return policies and such.

Okay, so that's one deal: You give the store money, and they give you
whatever's in the box.

[...]
Similarly notices on download sites or appearing when
software is installed or run, again with no negotiation, no
signatures, no witnesses. I certainly have not seen a deal made with
the manufacturer by a user, or anything other than an attempt by a
manufacturer to claim that a deal is already in place that isn't, or
that clicking a button on a GUI somewhere somehow constitutes making a
deal, even though I know darn well that it's a piece of dumb software
and it's not possible to make a deal with it any more than it's
possible to make a deal with a rock, and the manufacturer is nowhere
in sight, nor online or on the phone in some manner, so I'm certainly
not making a deal with the manufacturer.

You really should read the labels on buttons before you click on them.
I suspect the button you had clicked on had a label like "I AGREE" or
something similar. This is the deal that I'm talking about.

The argument "it's a piece of dumb software and it's not possible to
make a deal with it any more than it's possible to make a deal with a
rock" is invalid. The analog would be "This so called 'contract' is a dumb
piece of paper. It's not possible to make a deal with a piece of paper
anymore than it's possible to make a deal with a rock."

The piece of paper and the piece of software is presenting you with
text explaining to you the nature of the deal, and with whom you are
making the deal (or it should, or else it's poorly written).
Of course, maybe I have a weird idea of what actually constitutes a
"deal", or a binding contract. Maybe it's quaint to imagine it
actually involving negotiation, compromise by both sides, a meeting of
the minds, consideration for both sides, and signed and witnessed
agreements on both sides. Yet I suspect that does go on in the support-
contract space.

Yes, I think you do have a "weird" idea of what actually constitutes a
deal, in this context at least. First of all, a deal is not necessarily a
"binding contract", as you seem to imply. If you make a promise to your
friend to meet up in at your "secret spot" 20 years later, that's a deal.
There's no signature, and no witnesses (other than the two parties
involved).
I don't believe though that a typical shrink-wrapped software purchase
is governed by any kind of contract except with the retailer. You
receive the goods (a disc with some software on it) after having
negotiated with the retailer, and before hearing any so-called
"license agreement" pap from the manufacturer. The manufacturer
including such a notice is in essence trying to unilaterally change
the existing contract you have with them (namely none beyond the law's
requirements of a manufacturer and a consumer, generally that the
manufacturer warrants their product for merchantability and fitness-
for-purpose and is liable for direct damages only, so the price tag of
the software only). Remember at this point you already have the disc.
If the manufacturer required you to sign an agreement in exchange for
receiving the disc you might have a point. However, you have already
received the disc and are entitled to all the usual rights under
copyright law. This includes the right to install the software and
make transient copies and whatever copies are generally incidentally
[etc...]

Why are you bringing all this up? I can only guess that you're trying
to argue that what you're doing is legal or something along those lines.

I never claimed what you were doing was illegal. You're just
unnecessarily bringing in irrelevant points into the discussion, things
which are not even under dispute.
I don't want to force anyone to do anything. I don't think I should be
able to force Joe to release his software for free. If he wants to
sell it to Kevin for $50,000, take-it-or-leave-it, he has the right
to. If he wants Kevin to have to sign a contract perhaps forbidding
Kevin from redistributing it, he has the right to. He can sue Kevin
for breach of contract if he did have Kevin sign such a contract and
then Kevin sold or gave me a copy anyway.

Excellent. Then we are in agreement (so far).
On the other hand he should
have no right to tell me what I can or cannot do with the copy I got
from Kevin, as I never signed any contract with him and I never
received anything from him (I received something from Kevin).

Well, here I think the water gets muddier... Earlier, you mentioned
that matter-based products and information-based products should receive
the same treatment, right? Well, if someone acquires a laptop illegally
(e.g. it fell off the back of a truck), and then sold it to me, and the
police eventually track down the laptop to me, they are allowed to
confiscate it from me to return it to its original owner even if *I*
personally did not break any laws (that's the law in my country, anyway).

The question is what is the closest analog to this when applied to
information-based goods?
It is not a straw man and it is relevant. That is what is happening
now: businesses trying to create a "no-lose situation" by lobbying and
lawyers so they don't have to be able to compete in the market and can
just lazily sit there releasing shoddy products with sappy names like
Vista and rake in cash all day long.

I personally don't see the relevance. Let's say I agree with you and
that yes, businesses are trying to create a "no-lose" situation. So what?
This doesn't conflict with anything said earlier.
If you'd bothered to read my previous posting you'd know it was
relevant.

More like if I had predicted what your future (now past) postings
would have been... Previously, it sounded like you wanted all software
developers to give away their software for free. Only now did you clarify
that you, instead, wanted to abolish copyright. These are two completely
different desires.

[...]
Meanwhile it galls me to see someone new pop up here every week asking
how they can make the Java software they're developing less useful,
buggier, and more expensive than it needs to be. It's continuing
visual evidence that efficient free markets have failed in this part
of the world, and that a nasty struggle and possible strife lies in
the near future.

I disagree. Crappy products can exist in a free market too, you know.
Therefore, the existence of crappy products does not necessarily indicate
a market failure.

[snip more stuff as a result of me describing the world as it is and
Twisted describing the world as it "should" be.]

[...]
No, it's factually true.

It's factually false, and you provide a counterexample to your claim
in the very next sentence:
The only experts that claim Vista is anything
anyone should buy are Microsoft marketing department experts and
various people whose opinions are bought and paid for.

I claim that there are other "experts" (but note that you've avoided
answering my question as to what criterias you consider an necessary to
receive the title of "expert") who support Vista.
Independent,
consumer-minded software evaluators choose XP over Vista. Every last
one of them.

Would you consider me an independent, consumer-minded software
evaluator? Why or why not?
[snip some mild, unprovoked insultage]
Question is based on false premise, and is therefore nonsensical.

Stop being insulting and rude.

Oh, not this again... Are you going to snip every argument you are
unable to address, labelling it "insults"?

If you ask a question which is based on a false premise, how am I
supposed to answer it, except to tell you that it is a false premise? If I
were to ask you "Why is copyright and intellectual property the greatest
thing in the world?" you could not actually answer the question because it
is based on the premise that copyright and intellectual property actually
is the greatest thing in the world, whereas you believe it isn't.
Everyone that matters (professional, independent-minded web site
administrators whose primary concern is the site working properly and
who aren't required to toe some MS-only line by management)

If that's your criteria for "everyone that matters", then I've met
some counter-examples to your claim.

BTW, my criteria for "everyone that matters" is "the people who are
making the buying decisions", since the context that generated this
subdiscussion is you're wondering whether Microsoft is seriously trying to
compete against Apache using IIS.

I'm genuinely surprised that you think Microsoft is not trying to
compete against Apache. You think Microsft just enjoys throwing their
money away on IIS developers and marketing?
A two year old expects to raid the cookie jar and not get caught, even
when they're the only child in the house and they take half the
cookies that were in the jar.

A grown man should not expect to be able to embezzle fifty billion
dollars and have it go unnoticed, or be able to pocket it without the
bulge being noticed eventually. (Metaphorically, anyway.)

Why not? The Enron Scandal had started in the 1990s and was only
discovered around 2001. Sounds like pretty sneaky behaviour to me.

And if they really did embezzle 50 billion as you claim (I can't find
citation for this figure), then even if they did get caught, they came out
ahead: Their fines were merely on the order of 10s of millions. Even if we
round that up to 100 milion, that's still 49'900 million dollars of
profit.
If the guys running the show at Enron thought they'd get caught, they
acted in an irrational, non-self-maximizing manner.

The numbers don't seem to indicate that.
If they thought they wouldn't, they have single-digit IQs and should
have been drooling and in diapers still, in a padded room somewhere
where they get regular doses of feel-good chemicals like Thorazine.
That people with this level of incompetence in basic arithmetic and
other life skills were hired and ended up actually in charge of a
major energy company is proof of incompetence or irrationality in the
hiring department and on the part of the shareholders, in that case.
Sooner or later, if you follow the chain back, you run into someone
who knew what they were doing and who had to be simply irrational, and
who nonetheless had a position of responsibility.

Also, not true, and I recommend you read the Corporation, a book I had
recommended to you earlier this thread.
Regardless, the corporation itself should have had the information
that this couldn't go undetected and the perpetrators uncaught, and
acted to self-maximize, per your theory. It didn't.

I disagree.
Too bad for your
theory then; one counterexample is all it takes to torpedo a universal
claim such as the one you made.

I think you failed to understand what my "theory" is (but actually, I
never gave a theory, I gave a model). I'll repeat what I said for your
benefit:

<quote>
anthropophormizing corporations is dangerous, because it
then becomes extremely tempting to assign emotions to them (e.g. fear,
jealousy, envy, anger, etc.) and then to try to make predictions about
their future behaviour based on what emotions they are supposedly
experiencing.
</quote>

Later on, I said (but cannot find the exact quote, so this is a
paraphrasing): "A Rational utilitarian is a better model for corporations
than an emotional anthropomorph".
Actually, I'm guessing they thought the Bush administration would
shield them and they turned out instead to be fall guys. Still
irrational or stupid; they played with fire and expected not to get
burned just because one of the flames made promises to that effect.

Actually, if that's what they thought, it'd still be rational. I think
you and I might not have the same definition of rational. Here's my
guideline for what a rational utilitarian would do:

Calculate the expected utility of all possible actions, and choose
the one which gives the highest expected utility.

If they thought the Bush Administration would protect them with
probability 60%, and that the utility they'd gain is 100 "profit points",
that's an expected utility of 60pp. If the alternative was a more
conservative approach which gave a 90% probability of gaining 65 "profit
points", this alternative action gives only 58.5 utility. Better to take
the first action.
See below.

After scanning below, I don't see an answer. Typing either "Yes" or
"No" would have taken less effort than typing "See below." So which is it?
Is it "Yes"? Or is it "No"?
This is a scathing indictment of the current law then.

Yes. Read the rest of the book to gain more insight on the behaviour
of corporations.
I know of no case where this is actually true except where customer
loyalty is a complete non-issue. One-off products might qualify.
Anything with consumables or upgrades to generate a future revenue
stream is clearly a nonstarter here.

This is your guess. You don't have actual figures.
Well, your theory predicts that Enron-type events should be rare.

Actually, no, quite the opposite. My *model* predicts that companies
will try to do whatever they think will make their them the most profit.
Enron followed my model (they made nearly 50 billion of pure profit
according to your figures).
Mine
predicts that they should be common.

You say "Mine" implying that you have a model and/or a theory? If so,
can you actually state what it is? Is your model that corporations are
emotional anthropomorphs?

[...]
You *have* gone off the deep end, then.

You said you saw a lot of banners promoting IIS. I don't doubt it; I
don't doubt MS is promoting IIS heavily.

Okay, good. Earlier, it sounded like you *were* doubting that.
I said I didn't see the banners and you should really get Adblock, on
the grounds that I figured you found constantly being bombarded by
distracting flashing animated things while you're trying to find and
read information online was annoying.

Apparently you are crazy enough that:
a) You don't find it annoying.

I'm amused that you find natural immunity to ads to be a form of
craziness. I'm reminded of the story in which a man stumbles into a
community born without eyes, and when he tries to explain them the concept
of "sight", they consider him crazy, and they trace this insanity to these
strange growth in his head. Surgically removing them restored his sanity.
b) You actually believe what the flashy thingies whisper in your ear
while someone tries to stick their hand in your pocket

I don't know how you concluded this. There was no evidence for that in
my post.
c) You actually therefore believe that IIS is superior to Apache.

I don't know how you concluded this. There was no evidence for that in
my post. All I can guess is that when I said "There exist some people who
believe that IIS is superior to Apache" that you erroneously assumed that
I was one of those people!

[...]
I never claimed that. I certainly expect that Microsoft doesn't treat
it as such. Microsoft's marketing department certainly doesn't.

Good, we're making progress.
I claimed that Vista WAS a downgrade, not that it was PERCEIVED by any
particular group to be a downgrade.

Hmm... Well, I disagree with your claim, then.

I then cited feature differences
to prove that in fact Vista IS a downgrade, since some things don't
work properly under Vista that do under XP, but Vista doesn't let you
do anything XP doesn't let you do, or do anything more efficiently, or
even AS efficiently. Except play that one DirectX 10 game.

At the Turing-Equivalent level, it may be true that Vista doesn't let
you do anything which XP doesn't let you do. From a more practical
perspective, your statement is false. I'll give you one example: The Vista
start button now has a search feature which I find much more convenient
than the XP start button.
Most people's
weightings should lead to the rational, utilitarian choice to stick
with XP, which indicates that yes, Vista is indeed a downgrade.

A wise "rational utilitiarian" person would not assume that everybody
has the same utility function that they do, and thus would not try to make
subjective statements into objective ones.
Vista's poor sales (by Microsoft's own expectations) are another piece
of evidence, and also support the thesis that a substantial fraction
of savvy computer users do perceive it (accurately) as a downgrade.

I guess you wouldn't consider me to be a savvy computer user, then.

Well, not anymore. I got kind of fed up with their rhetoric tactics by
the beginning of the third chapter. I think the line that really got my
eyes rolling was:

<quote>
Competition is a good thing. That is why the NBA and the
Tour de France are so popular, and why we give our all at the
annual interdepartmental basketball game.
</quote>

While I agree that *economic* competition is a "good" thing, I was
annoyed with their false analogies, appeal to vivid imagery, and other
fallacies sprinkled throughout their treatise. "Hey, I love Basketball! I
guess I should support the abolishment of intellectual property too!"
To rebut bogus and inaccurate information, and to advise people who
appear to be erring in judgment or in their declaratory knowledge
base.

And what information have you perceived to be "bogus and inaccurate"
so far in this thread, other than perhaps my claim that "Vista sucks" is
subjective?

- Oliver
 
T

Twisted

>What was the literacy rate in Shakespeare's time?

1. the cost of copying was very high.

And the fact that it isn't now is considered broken? What would have
happened to the computer revolution had Intel insisted back in the
early 90s that regardless of the continuing decrease in the cost of a
MHz, the price of one should be fixed to ensure Intel's continued
profitability, and the morons (or worse, traitors) running the show in
Congress had actually granted their wish?

We'd all still be putt-putting around on 33 MHz CPUs, that's what --
those of us that aren't rich, at least, i.e. the vast majority of us.

So much for Java then, which would never have been a viable platform
on hardware that slow.
2. there was no way to record a performance and later write a
transcript.

And the fact that we now can is a bug, not a feature?
3. there was no way to pirate a performance identical to the original.

And the fact that we can now is a bug, not a feature?

You would roll back the clock to the dark ages? You abhor increased
productivity and efficiency in the market this much? I suppose you
would centrally plan the economy, too, and demand we all dress as
Amish, and such, you communist. :p
 
T

Twisted


I said feel free to suggest a newsgroup.

That is not a newsgroup.

That is a web forum of some sort, which blatantly says at the top that
I am not a member and only members may post.

I'm not signing up for some web forum (and the accompanying buttload
of spam, or whatever it is they want to do to me or my email address
that prompts them to insist that I sign up) just to get what I'm
already owed* anyway, which is the ability to discuss this issue.

* I'm a user affected by the issue. Also there's that whole first
amendment thing.

I will now repeat my original question (emphasis added):

Feel free to suggest a better *newsgroup* for this issue.
 
G

Gordon Beaton

I said feel free to suggest a newsgroup.

That is not a newsgroup.

You're quite the princess. It may not be a Usenet newsgroup, but
unlike *this* newsgroup, it *is* an appropriate place for your
complaints,

If you're unhappy with the service provided by Google, then complain
to Google (or ask them for a refund).
I will now repeat my original question (emphasis added):

Feel free to suggest a better *newsgroup* for this issue.

Try alt.whine.

/gordon

--
 
T

Twisted

It's not our responsibility here to do your off-topic research.

You two complained about something I was doing but failed to be
constructive by suggesting a viable alternative; I called you on that.
As far as I am able to determine, you have still failed to suggest a
viable alternative, 18 hours later. In each future case where you feel
the urge to post this kind of thing, please either make a
*constructive* suggestion or refrain from posting any criticism at all
(whether or not I happen to be the target). That applies to both of
you, indeed to everyone who reads this who is prone to making such
postings.
 
L

Lew

Twisted said:
You two complained about something I was doing but failed to be
constructive by suggesting a viable alternative; I called you on that.
As far as I am able to determine, you have still failed to suggest a
viable alternative, 18 hours later. In each future case where you feel
the urge to post this kind of thing, please either make a
*constructive* suggestion or refrain from posting any criticism at all
(whether or not I happen to be the target). That applies to both of
you, indeed to everyone who reads this who is prone to making such
postings.

I complained about you bringing your childish off-topic whining into this
newsgroup and you try to act like it's my fault that you aren't responsible
enough to take it to an appropriate forum. This is not the place either to
handle your stupid problem nor to suggest how when you're too lazy and
irresponsible to do it yourself. I feel no guilt about calling you on that
arrogant and egotistical behavior. I am not your little slave-boy on whom you
to play your prima donna games; no one here is. Take responsibility for your
own behavior and stop being a crybaby when we don't sympathize.
 
J

Joshua Cranmer

I'm ENTITLED by constitutional law to a free market, which by its nature
should tend to result in prices near marginal cost shortly after
something is no longer brand-spanking-new.

Would you be so kind as to point out *where* in the U.S. Constitution it
so states that every person has a right to a free market? The closest I
can find is Article IV, Section. 4.:

The United States shall guarantee to every State in this Union a
Republican Form of Government, and shall protect each of them against
Invasion; and on Application of the Legislature, or of the Executive
(when the Legislature cannot be convened), against domestic Violence.

That merely says that no state can be an autocracy, there is nothing in
there about any free market.

Also, re another thread in which you advocated poll taxes, poll taxes
were made illegal by Ammendment XXIV. IIRC, that was stipulated because
they were used to keep poor blacks from voted and were quite unfavorable
to the poor. But, I may be wrong.
 
J

Joe Attardi

I said feel free to suggest a newsgroup.
That is not a newsgroup.

That is a web forum of some sort, which blatantly says at the top that
I am not a member and only members may post.
Must you always exaggerate? It's not a "web forum of some sort", it's
a Google Group, which you are already a member of (Google Groups, that
is).
I'm not signing up for some web forum (and the accompanying buttload
of spam, or whatever it is they want to do to me or my email address
that prompts them to insist that I sign up)
It's Google. They already have your email address. How much spam are
they currently sending you?

I swear you just look for the opportunity to whine.
Feel free to suggest a better *newsgroup* for this issue.
It's not our responsibility to do this. In our last encounter,
Twisted, you were constantly complaining about how the conversation
was offtopic. So here you are taking a 180 degree turnaround. You're
offtopic, nobody wants to hear you complain about Google Groups, so we
don't need to suggest a newsgroup. Participate in the conversation at
hand and stop complaining about Google Groups, which is provided for
free.
 
A

Andreas Leitgeb

Oliver Wong said:
Can you produce a screencast demonstrating the problem? I can't
reproduce your bug on my WinXP SP2 machine.

I think to remember that Windows tends to show just-recently-modified
files at the end of the list. So if you copy (or move between
different logical disks) largish files, it might happen that while
copying is still in progress, the file's name might be moved to the
end of the list in explorer.

I'm a dedicated windows-hater, but frequently notice that I still
know it better than most self-entitled windows-lovers/experts.
 
A

Andreas Leitgeb

Twisted said:
You two complained about something I was doing but failed to be
constructive by suggesting a viable alternative;

Oh, and next time the police catch a bankrobber, the robber
will ask them for alternatives to get rich quickly, and unable
to provide one, the police have to let him finish the act...
 
K

~kurt

Andreas Leitgeb said:
I think to remember that Windows tends to show just-recently-modified
files at the end of the list. So if you copy (or move between

This "feature" drives me nuts. I seem to remember there is a way to turn
it off, but it is very annoying that it is on by default. And with the
way the "roaming profiles" silliness is usually set up on these computers,
any one I log into on a network is using the default setting. And to think
MS brags about how much money they spend on researching how to implement
a friendly UI....

- Kurt
 
T

Twisted

Not at all. The rental model makes no more guarantees about long-term
upgrades, the company staying in business or continuing to work on the
product, etc. than the sale model does.

And to top it off, the rental model more thoroughly puts you at the
vendor's mercy. What if your data is stored on their servers instead
of locally? What if the software requires (gratuitously -- its main
functionality doesn't, but its license validation BS does) their net
servers to be available and they happen to go down? The vendor can
force-feed you a downgrade, i.e. disable a feature, and then charge
extra for a "deluxe" rental option that brings the feature back. We've
seen these tactics used with the "standard" upgrade treadmill model by
the likes of Intuit before; and satellite TV providers dropping
channels from packages you had resulting in your having to pay extra
to continue receiving them; there's no reason to have any faith
whatsoever that software renters won't do equally nasty things
whenever they feel the need to show revenue growth at a quarterly
meeting with shareholders or some such. Once you're dependent on them
for productivity (and especially if they have any of your documents
hostage!) they can just squeeze and squeeze. A regular software vendor
can only do that to the extent that they can make an update essential
(MS gratuitously breaks backward compatibility so as soon as one
person in one workplace uses a new version of MS Word, their co-
workers that sometimes use documents from them have to follow suit,
and the new version then spreads virus-like and Microsoft laughs all
the way to the bank, so this IS possible, but at least they have to
work for it)...
 
T

Twisted

You aren't responsible enough to take it to an appropriate forum.

Incorrect. More accurate would have been

"You don't have access to an appropriate forum".

Which is of course not "your" (my) fault at all, or even at all under
my control.

If you disagree, and post a followup to that effect, please furnish
evidence to support your position in the form of the name of a Usenet
newsgroup that would constitute such an "appropriate forum". I will
direct similar future material to said newsgroup if it meets the
obvious criteria.
 
T

Twisted

Oh, and next time the police catch a bankrobber, the robber
will ask them for alternatives to get rich quickly, and unable
to provide one, the police have to let him finish the act...

A posting with an offtopic aside inside of it is hardly comparable to
a bank robbery. Grow up.
 
T

Twisted

You're quite the princess. It may not be a Usenet newsgroup, but
unlike *this* newsgroup, it *is* an appropriate place for your
complaints,

Except that I cannot post there, as was noted in a part of my post
that you conveniently snipped! :p
If you're unhappy with the service provided by Google, then complain
to Google (or ask them for a refund).

I actually did. I found a contact-us form somewhere in the Byzantine
help area of their web site, which appears to take all the text
entered into it and forward it to /dev/null based on the observed
results of using it (i.e., nothing happened -- no response, though I
supplied an easily human-demunged valid reply address, and the problem
complained about did not promptly go away).

Well actually it's not quite true that nothing happened. The link to
the devil-loving form disappeared shortly, since I went looking for it
again to send a ruder message after a day or so and could not for the
life of me find it despite looking in all the same places as when I
did find it originally. I'm guessing they annoyed around 500,000
users, woke up one morning to find some inbox with 500,000 new
messages, deleted the entire inbox in question, and deleted the form
from their Web site as too much of an annoyance to deal with.

Sorry, if you find your users too much of an annoyance to deal with
you should not have gone into your line of work. Please retire now and
arrange for the hiring of replacements who do not find users too much
of an annoyance to deal with. Or at least refrain from making untested
changes to a production system that sees that high a volume of usage.
If whatever they tried to do that went wrong had been tested on a
scratch monkey mockup system first this would never have happened. For
that matter if they'd had proper change management it would have been
a five-minute job to roll back the change the instant a symptom of it-
wasn't-an-unequivocal-improvement-to-the-system appeared. Since the
change apparently took them around 80 hours to roll back rather than
five minutes I conclude that their change management strategy is much
like those of all other IT enterprises I've ever encountered: utter
shite.
Try alt.whine.

I very much doubt any Google employees, let alone actual management,
pay attention to what goes on there, or even that there's a
concentration of other GG users there that might know of workarounds
and suchlike.
 
T

Twisted

Must you always exaggerate? It's not a "web forum of some sort"

It is a Web forum. It's not a Usenet newsgroup and it appears to be a
discussion forum accessible only via one Web site. Ergo it's a Web
forum.
it's a Google Group, which you are already a member of (Google Groups, that
is).

I clicked a "reply" link in there and it said "Sorry only members are
permitted to post" so apparently not. I'm not signing up for an
additional, separate Web forum just to report their stupid bugs.
Besides, it was obviously useless. There were a thousand reports there
from users of zillions of problems, and a single lone employee voice
periodically dropping in to say "Yes, we noticed there's a problem
too" and then disappear again without saying anything actually useful,
such as
* Why they did this to everyone
* When they would get around to undoing it
* Who would be made into an example and sent into the desert with a
pink slip for this outrage
* Anything else of actual interest to anyone

It was obvious that a) nobody with the power to actually do something
constructive, such as actually fix a problem rather than just note
that hmm, it looks like maybe there's a problem, reads that forum; b)
in fact aside from a single employee charged with posting meaningless
reassuring content-free noise that provided no additional useful
information to try to calm the membership (while the same organization
continues to use its left hand to further P.O. the same membership by
the way, by turning up a "Usenet caching delay" from 1 hour to 6, then
12 ...) the postings there were in fact totally ignored by Google; c)
nobody there even had anything useful to suggest as a workaround; and
d) nobody there wanted to recommend any alternative news source that
wasn't either non-NNTP or pay-only.

No point signing up in other words.
It's Google. They already have your email address. How much spam are
they currently sending you?

Google is doing two things with GG:
1. Providing a Usenet archive and Usenet access.
2. Hosting a bunch of third-party Web forums, which like typical Web
forums require signup.

Additionally, having a gmail/GG account for Usenet posting does NOT
count as having signed up to any of the forums in 2 above, as I
verified (see above).

Signing up for any Web forum exposes to the forum's operators (in
addition to the hosting provider) at minimum a working email address,
and frequently requires additional hoop-jumping besides.

Additionally, Web forums are invariably moderated (generally retro-
moderated rather than forward-moderated) and tend towards extreme
administrative tyranny (e.g. banning users for personal reasons);
another reason I avoid them like the plague these days. I vastly
prefer unmoderated usenet groups, such as this one. That Web forum you
suggested is guaranteeably vastly inferior to such in pretty much
every respect. It doesn't even not get spam! I saw at least four there
over the last few days. The only nice thing I could do there but not
with a normal unmoderated usenet group is this -- I could click the
little "rate this post" thingie beneath each spam and give the bastard
spammers a one-star rating of "god-fucking-awful". Fat lot of good
that's likely to do, of course.
I swear you just look for the opportunity to whine.

No, people insist on shoving a solid reason to into my lap however.
For example, whichever Google technician could have decided "Should I
try to make this minor optimization to our main, no-redundant-backups,
500,000 people use it daily news server despite not knowing what the
foobar I'm doing with things this complicated, simply because they
trusted me with an admin password anyway? Nah, that would be
irresponsible." instead of deciding "Yes" and then proceeding to gum
things up so thoroughly that it took them nearly FOUR FULL DAYS to
undo his handiwork.
It's not our responsibility to do this.

Initially no. But when you complained about my posting here it became
your responsibility, because to make a constructive suggestion out of
that complaint you have to suggest a concrete alternative.
Participate in the conversation at
hand and stop complaining about Google Groups, which is provided for
free.

No, I will not, Your Royal Highness. Consider this a coup and revolt.
Keep up with ordering us peasants around and we'll have to behead you
and melt down your crown to use the gold as spending cash, King
Nobody, especially if you continue to suggest "Let them have cake!"
the next time someone who can't afford better complains that their
Google Groups bread is stale.
 
T

Twisted

I believe your premise here is wrong though. Laws also exist to protect
the rights of the individual, which quite often conflict with the benefit
of society in general.

And how, precisely, does writing laws to create and protect the
monopoly privileges of the corporation by limiting the rights of the
individual in their computing hardware and in their copies of books,
software, and various other things support EITHER the rights of the
individual OR the benefit of society, pray tell?
A case in point that is almost on topic - look at modern software development.
It embraces process, and this CMMI thing. It can benefit overall development,
but at the cost of neutralizing you hero programmers, who are often critical
to the success of a project.

"CMMI thing"?
Well, I can agree with much of what you have said. Things such as the DMCA
are absurd. The fact that it is illegal for me to create software that can
circumvent software protection methods is BS. I have no problem with it
being illegal to steal (make copies) of software and music where the
copyright holder does not permit such actions, but making the tools that
allows one to do this should not be illegal.

Making copies is not stealing. If I steal your CD, you no longer have
the CD. If I copy your CD, you still have your CD. If I copy your CD,
I have CERTAINLY done nothing to a musician halfway around the planet
who can't even know that I did so unless he was spying on me. That
musician can only be harmed, or indeed affected at all, if they go to
the effort to break the law and invade my privacy. Having done so
maybe they deserve what they get ... whatever that is. In any event,
they can easily avoid this mysterious magical form of harm by not
spying on anyone anymore. :p
 
R

Roedy Green

I'm not against companies having trade secrets and TRYING to keep them
secret. I am against government assisting/enforcing any such secrecy,
The original idea of patents was to give people an incentive to fully
disclose technology. I guess back then 17 years was considered a very
short time.
 
T

Twisted

Oliver said:
The way you phrase this paragraph makes it sound like you're
egocentric pirate: "I should be allowed to download all movie, software,
games, etc. I want, because I wasn't gonna pay for those things ANYWAY, so
it's not like they're losing any profits, etc."

Your putting words in my mouth does not a cogent argument make.
I disagree with this philosophy.

Feel free to. I don't have a problem with that -- it's called free
speech. I just have a problem with people whose philosophy is
totalitarian control and communistic monopolizing and price-fixing
being able to actually impose their wishes unilaterally on everyone
else, which is unfortunately currently the case.

[NDA-like contracts, which like all contracts are not automatically
transitive to bind on every third party that happens upon a copy
somehow]
Which is an entirely different matter. IANAL, but I believe this is
essentially how copyright laws work in my country and I'm satisfied with
it. (Incidentally, I thought I'd mention that you seem to take an overly
America-centric view of things).

I'm fairly sure UK copyright law is binding on third parties, and also
has the niggling issue of being automatic on everything, the default
option not requiring an explicit notice, with all the bad consequences
that that has (outlined elsewhere in this thread, primarily by Bent).
Factually false. I'm guessing what you're referring to is my argument
that software developers should be allowed to charge money for their
software. I have nothing against other software developers making
competing products, even when those competing products are
"fully-substitutable" (though in practice, virtually no software is
fully-sbustituable with another software unless the two are identical).

Exactly my point. IN PRACTISE the only alternative a user has is to
"buy from the company store". That's called "a goddamn monopoly", and
therefore violates one of the fundamental principles of a free market
economy, aka capitalism -- namely that there actually be this thing
called "a free market". Having to buy from the company store or do
without is emphatically not a free market and smells like communism.
Any case of state-granted subsidies, monopolies, and other perks being
sprinkled around like there's no tomorrow smacks of socialism.

Guess what? The enforcement side, snooping on and interfering forcibly
with downstream uses and third-party transactions involving copies,
violates the OTHER fundamental principle of a free market economy,
strong property rights! (And in that light, calling copyrights or
patents "property rights" themselves is a complete travesty. They're
"monopoly privileges" and they actually *erode* property rights.)
Questions are based on false premise.

Stop dodging my questions with this repetitive, vaguely insulting, and
annoying non-answer. It doesn't help your case any.
This is a common mistake: to assume that games are interchangeable or
fully substitutable.

It's also a mistake I never make.
A lot of community content sucks.

A lot of community content rocks.

Do you have a point here?
The vast majority
of games (and I'm counting a player submitted mod as a "game") I've played
were free, and yet the vast majority of games I've actually enjoyed cost
money.

90% of everything is crap. You've proven nothing, save that you make
more careful decisions about spending serious money than you do about
using small amounts of bandwidth and time, which is perfectly normal.

You just avoided the vast majority of commercial games that were crap
and a smaller fraction of the free ones that were crap, because trying
free ones cost so much less.

This is a common mistake for amateurs to make when trying to use
statistics as evidence of something, BTW.
What "price-protection" do you perceive for games? The request from
the developers to not make copies of their software and distribute it over
the internet?

The request from the developers (and its being enforced by the fucking
government!) to have an effective noncompete agreement with everyone
who happens upon a copy, and therefore a monopoly, yes.

The sole effect of allowing arbitrary use and redistribution by users
would be that market forces would drive the price of a copy down to
zero. Therefore trying to strongarm this into not happening is an
attempt at price protection, nothing more and nothing less.
Can you support this assertion?

Eh, have you looked out a window lately?

Productivity tools: Red Hat Inc.
Culture needs to be participatory: notice the mass civil disobedience
in creating unauthorized mashups, sequels, and the like to assorted
things. Also notice that the "corporate sanctioned" subset of modern
culture is all pap, Britney and suchlike, but that it wasn't always
this way, e.g. thousands of years ago. Culture is turning into
monoculture, and when media concentration reaches the point of there
being only one media company left standing unabsorbed by another, it
will have become one. Or rather, it won't have because the mass civil
disobedience will turn into frank revolt before that happens.
Windows is not indispensible. Many people make it through life just
fine without ever owning a personal computer (I'm not counting things like
computers which may be in their wristwatches or microwave ovens),
nevermind a copy of Windows.

Strawman argument. Windows is emphatically indispensible for certain
things or under certain circumstances.
I think we're talking past each other, then. I'm trying to tell you
what the world is like right now, and you're trying to tell me what you
think the world should be.

Nice try. No, you're not merely telling me what it's like right now,
you're defending that state of affairs as somehow being right or just.
I'm pointing out that it isn't, and why it isn't by the principles of
the capitalist democracies we live in.
Can you produce a screencast demonstrating the problem? I can't
reproduce your bug on my WinXP SP2 machine.

That's impossible, since you're using the same software I am, and
there's no logical reason for this behavior to depend on the hardware
or things like the MAC address or the user's name or anything.
So in other words, "no". And you wonder why your bug (which I'm unable
to reproduce) hasn't gotten fixed for over 10 years?

Same reason almost none of the others have -- Microsoft doesn't
provide an easy way to freely give them bug feedback, and furthermore
ignores nearly all of what feedback it does nonetheless receive.
You can't actually violate a "law of nature", else it wouldn't be a
"law of nature" by definition. Therefore, charging money for access to
information is not against a law of nature.

You're right -- you can't actually violate a law of nature. That is
why DRM schemes and other attempts to perfectly enforce copyright are
doomed to failure, and why they are observed in actual fact to have a
100% failure rate with copies escaping in every single significant
(reasonably popular) instance -- they are attempting to violate a law
of nature.

More specifically, the 2nd law of thermodynamics, via one of its
information-theory implications.
If you relax your statement a bit, to something like "It's unnatural
for information to not be free", then there's the usual counter of "lots
of things humans do is unnatural, such as developing cure for diseases,
etc."

There's the double-counter that "curing diseases is not harmful;
curtailing peoples' freedom to do harmless things is".
Okay, so that's one deal: You give the store money, and they give you
whatever's in the box.

But without any of the onerous conditions the manufacturer later tries
to claim.
You really should read the labels on buttons before you click on them.
I suspect the button you had clicked on had a label like "I AGREE" or
something similar. This is the deal that I'm talking about.

That's not a deal, that's interacting with an insentient piece of
software. A deal requires that I communicate with a living sentient
being my understanding and acceptance of foobar, in return for
quuxmumble.

What you're describing is my solo interaction, unwitnessed, with some
bits and bytes on MY COMPUTER, gyrating somewhere in its memory core,
and not even receiving any quuxmumble in exchange (since the right to
install and use the software is already granted by 17 USC Section
117(a)(1)).

If I made a "deal" with anything at all, it was with my own computer.
I'm fairly sure I am not legally bound by the terms of deals I make
with my computer, and even if I am, so what? My computer won't sue --
it isn't programmed to.
The argument "it's a piece of dumb software and it's not possible to
make a deal with it any more than it's possible to make a deal with a
rock" is invalid. The analog would be "This so called 'contract' is a dumb
piece of paper. It's not possible to make a deal with a piece of paper
anymore than it's possible to make a deal with a rock."

Clicking a button, unwitnessed, in a solo interaction with a piece of
software and signing, with a witness, a document after negotiating
with somebody are two very different things.
The piece of paper and the piece of software is presenting you with
text explaining to you the nature of the deal, and with whom you are
making the deal (or it should, or else it's poorly written).

Except that there is nobody there making a deal with me in one case.
The manufacturer is God knows where, and isn't offering me any
consideration in exchange anyway since copyright law already gives me
the right to use the software.

This applies to you in the UK too. Visit http://www.jisclegal.ac.uk/ipr/IntellectualProperty.htm
and text-search for "Making temporary copies". Though it uses the
specific examples of viewing Web pages and sending faxen, it applies
to any transient copy that's part of normal use of a work -- such as
when installing and running software. You don't need to make any extra
deal with the copyright holder to be able to do so, so unless the so-
called "agreement" governs your doing something copyright law normally
restricts, such as distributing copies or derivative works, it isn't
providing you any consideration in exchange for what it asks of you,
and that makes it null and void under the contract laws of most
countries EVEN IF you accept the theory that something clicking in
some software on your computer autonomously actually constitutes the
signing of a binding contract.

And besides, what if a minor, or my cat, or somebody that can't read
English clicking randomly, or something accidentally falling on the
keyboard triggers the "Accept" button?

Who has "agreed" to anything then?

What for that matter if Bob clicks the button and Alice later
decompiles the code -- Alice didn't agree to anything, and Bob may
have agreed (under your theory) not to decompile the code but didn't
decompile the code. Hmm.

Anyway, this is clearly patently absurd (no pun unintended). You can't
form a binding contract by simply clicking some stuff in your
software. At minimum a network transaction of some kind would seem to
be required, and likely a human witness, under any sensible
interpretation of contract law.

If not, by reading this message and clicking "reply" you agree to wire
me the amount of $1,000,000 (one million) USD, payable in monthly
installments of $20,000 (twenty-thousand), with 25% annual interest
compounded monthly. If you reply, I will provide a P.O. box address to
which you may send U.S. money orders.

:)
Yes, I think you do have a "weird" idea of what actually constitutes a
deal, in this context at least. First of all, a deal is not necessarily a
"binding contract", as you seem to imply.

A deal that isn't a "binding contract" is not legally enforceable. The
most someone can do for my violating such a deal is to not do business
with me anymore. So a Web forum can ban people that violate its AUP.
An ISP might stop serving someone who violates theirs. A software
vendor who ships me a bucket of bits with a "deal" I don't like can
shove their "deal" -- and if they don't like it they're free to refuse
to sell to me ever again (though I probably bought from a retail
outlet rather than the vendor themselves anyway, so it likely won't
matter).

And even a "deal" that is not a "binding contract" is still by
definition "you give me X and I'll give you Y". I don't notice the
software vendor offering me anything as my half of the so-called
bargain. I already have the software. I already even have the right to
install and use it under Title 17 Section 117(a)(1). They aren't
offering anything else, besides things I already have. Where's the
"deal" there? Only the GPL and its ilk offer me something new -- the
right to redistribute subject to certain conditions, which under
copyright law I did not legally have before.

The only case I can think of where a "deal" has been made at all is if
the "agreement" occurs via a Web form that guards access to the
download link. Then the deal is apparently in exchange for receiving
the copy, rather than in exchange for absolutely nothing. Even so, I
don't see what makes it remotely resemble "legally binding" given the
lack of a "meeting of the minds", any ability whatsoever to negotiate,
or any bargaining power on my side of the "deal". Those are generally
enough to void a supposed "contract". Lack of a signed piece of paper
they can cite as evidence of my having agreed to their "deal" might
also pose a wee problem; there's no proof I ever "agreed" to anything
whatsoever. Maybe I knew the download URL and pasted it into the
browser address bar, bypassing the form. Maybe I even found the
installer on a p2p net and never got it from their Web site at all, in
case the site is configured to block access to the download URL until
the same IP submits the "agree" form. The best they might do if I did
click that form is have their server log all such form submissions,
then find it later, print a copy, and show that as evidence that I
"agreed". I can then point out that with no witnesses, they don't know
it wasn't a cat, a glitch in my computer, or someone other than me.
Maybe I saw the "agreement", left the room without clicking anything,
came back, and found this file downloaded. Maybe this means someone
else agreed to it and then left me the file as a gift, no strings
attached.
If you make a promise to your
friend to meet up in at your "secret spot" 20 years later, that's a deal.
There's no signature, and no witnesses (other than the two parties
involved).

And they can't sue me or have me arrested for not showing up, either,
under the laws here, or under UK law. They can decide not to be my
friend anymore. Perhaps I can live with that.
Why are you bringing all this up? I can only guess that you're trying
to argue that what you're doing is legal or something along those lines.

What I'm doing is writing Usenet posts to combat a torrent of bogosity
that might affect impressionable persons. That isn't illegal here --
we have this nifty thing called the First Amendment that, your
accusing tone implies, you rightpondians evidently lack.
I never claimed what you were doing was illegal. You're just
unnecessarily bringing in irrelevant points into the discussion, things
which are not even under dispute.

You certainly appear to be disputing them.

Of course, you've made it fairly obvious that you have a vested
interest here. And now you've accused me of having an agenda beyond
simple argumentation and bogosity-combat.
Well, here I think the water gets muddier... Earlier, you mentioned
that matter-based products and information-based products should receive
the same treatment, right? Well, if someone acquires a laptop illegally
(e.g. it fell off the back of a truck), and then sold it to me, and the
police eventually track down the laptop to me, they are allowed to
confiscate it from me to return it to its original owner even if *I*
personally did not break any laws (that's the law in my country, anyway).

There's a big difference here: in the CD-copying case nothing was
stolen.

In your scenario, the original owner of the laptop is deprived of it
until it is returned. In the case that Kevin copies a CD for me, no
recording industry corporation is missing a CD they deserve to get
back. They are missing a CD Kevin bought, but Kevin paid for it (by
hypothesis). If they want it back they can always buy it back from
Kevin at whatever price Kevin is willing to accept for it. As for
little old me, in this hypothetical scenario I have an mp3 file, or a
burned CD, but I don't have any CD the recording company used to
possess, unless they sell blank CDs, and if so I paid for that too. If
they want it back I might be willing to sell it to them ...

Kevin also still has his CD despite the copy being made. I don't have
anything of Kevin's he might want back, either.

Here we assume that each transactions was consensual with respect to
the two parties involved in it -- Kevin bought the CD, Kevin permitted
me to have the copy, and any blank CD I burned I purchased too.
The question is what is the closest analog to this when applied to
information-based goods?

If I take Kevin's CD without asking, and sell it to Katie, the police
can take the CD from Katie and return it to Kevin.

Back to your laptop scenario, if Alice has a laptop, Bob takes it
without asking, and Bob sells the stolen laptop to Charlie, the police
can take the laptop from Charlie and return it to Alice.

What happens if, instead, Alice has a laptop and Bob buys parts and
builds a clone of Alice's laptop with them, then sells this new laptop
to Charlie? Is there any logical reason for the police to take
Charlie's laptop and give it to Alice in this scenario? Is there any
logical reason for a sane and just society to empower them to do so?
I personally don't see the relevance. Let's say I agree with you and
that yes, businesses are trying to create a "no-lose" situation. So what?
This doesn't conflict with anything said earlier.

It means it's not a proper free market, which is bad, mmkay?
More like if I had predicted what your future (now past) postings
would have been... Previously, it sounded like you wanted all software
developers to give away their software for free. Only now did you clarify
that you, instead, wanted to abolish copyright. These are two completely
different desires.

Then you have a poor reading comprehension ability. But then, everyone
here surely already knows that. Right at the start I objected to the
OP's desire to cripple the functionality of some software they were
developing in order to annoy users and extort money from them, rather
than just sell freely-redistributable copies ala Red Hat *or even just
sell copyright-encumbered (but DRM-free) copies*. :p
I disagree. Crappy products can exist in a free market too, you know.
Therefore, the existence of crappy products does not necessarily indicate
a market failure.

No, it's the absence of less crappy alternatives in many cases that
points to market failure.

Also, it's a symptom of market failure when a crappy product is crappy
not because they put in X effort to make it cheaply instead of the
much bigger amount Y of effort to make a good product, but because
they actually put in Y effort and then Z *more* effort to make it
*worse* to price discriminate and artificially segment the market.

In a smoothly functioning free market, a company that puts in Y effort
to make a product Foobar, then sells this at price P and puts in Z
*more* effort to make a crummy Foobar Lite to sell at price Q << P, is
going to be eaten alive by a competitor that puts in Y effort to make
a product Bazquux interchangeable with Foobar and sells Bazquux at
price Q. It has more power than Foobar Lite, and the same power as but
a lower price than Foobar, which makes it compete successfully with
both, one on quality and the other on price. Both companies are
putting in at least Y effort but Foobar's maker is putting in more.
Bazquux's maker is putting out a product that by itself is superior to
TWO of Foobar's maker's products with lower operating costs, which is
an obvious case of superior efficiency.

So no company with half a brain pulls shenanigans like Foobar Lite
unless it has a monopoly on all substitutable goods. A monopoly is
prima facie evidence of market failure, so the existence of products
like Foobar Lite is likewise evidence of market failure.

It doesn't have to involve copyright. Before Intel had competitors
like AMD making interchangeable CPUs, they made the 486DX, at a
certain amount of effort Y per chip. Then they put in effort Z on some
chips to damage the FPU component and sold those more cheaply as a
486SX. Unless they were selling the 486SX at a loss, which I doubt,
they could have not crippled them and still been profitable. That
means the difference in price between the SX and DX was pure rent. If
AMD had been around then, they'd have put in Y effort to make a 486DX
clone and sold it at the SX price point to eat Intel alive. Intel only
dared do something this awful to its customers (give them less while
doing more work) because they had a monopoly at that time on x86-
compatible CPUs. You don't see them pulling these kinds of shenanigans
now, do you?
[snip more stuff as a result of me describing the world as it is and
Twisted describing the world as it "should" be.]

See above.
[...]
No, it's factually true.

It's factually false

**** you. This is unproductive and it's insulting. You're basically
calling me a liar, and in public too.
I claim that there are other "experts" (but note that you've avoided
answering my question as to what criterias you consider an necessary to
receive the title of "expert") who support Vista.

Name an "expert" (IYHO) who publicly claims Vista is a better choice
for the average consumer than XP SP2. (Any SP2, including regular,
pro, media center edition, 32-bit or 64, etc.)
Would you consider me an independent, consumer-minded software
evaluator? Why or why not?

Of course not. You're a pro-Microsoft nut. I don't even know why
you're hanging out here rather than at the C# newsgroup. Or maybe it's
because C# doesn't rate its own newsgroup yet? (Does it, in fact, have
one yet?)

I should also note that some people buy Vista to try it without
necessarily deciding to stick with it, or buy it and try it out of
sheer morbid curiosity. Myself, when I want to derive entertainment by
observing the minutiae of a slow-motion train wreck, I prefer to do it
from elsewhere than standing in the middle of the tracks, but that's
probably just me. :)

Some are probably already being forced to use it at work, the poor
souls, and maybe even at home to stay in synch with their work
computers with respect to Office version and suchlike.

None of these are evidence of Vista's superiority to anything higher
on the evolutionary ladder than the common cockroach.
Oh, not this again... Are you going to snip every argument you are
unable to address, labelling it "insults"?

I quoted your line. I can't "address" it because it is basically
content-free. It made no attempt to actually argue against my
preceding point. In fact it is similar to what you just accused me of,
posting a boilerplate content-free response to arguments you are
unable to address.

If some of the arguments I make are beyond you, I can't offer much
assistance I'm afraid. Technology that provably increases IQ scores,
even temporarily, simply isn't available off the shelf to the average
consumer yet. Nevertheless, with repeated study you might eventually
have an insight into them and be able someday to comprehend and thus
to respond more intelligently.
If you ask a question which is based on a false premise, how am I
supposed to answer it, except to tell you that it is a false premise?

You could start by making a cogent argument stating what the premise
is and your reasons for believing it to be false, instead of making a
blanket assertion that some unspecified premise somewhere in what I
wrote is false without evidence. I can't rebut that, because I don't
even know what premise you're referring to. I'd gladly bolster it with
more evidence in its favor if I did. But I'm guessing you'd prefer I
just shut up and let you have the last word instead, bogus though that
last word would therefore likely be.
If I
were to ask you "Why is copyright and intellectual property the greatest
thing in the world?" you could not actually answer the question because it
is based on the premise that copyright and intellectual property actually
is the greatest thing in the world, whereas you believe it isn't.

Yes, but I'd explain why I disagreed, rather than simply say some
unspecified premise of yours was false.

I could have responded to your WHOLE POST with "Based on a false
premise and nonsensical." since I disagree with just about everything
in it, but I chose to give a detailed response instead. For that
matter, you could have responded to any of mine in like fashion, since
you seem to disagree with everything in them, yet you choose to do so
only in response to a narrow subset of paragraphs in each of my posts
and give detailed attempts at rebuttals to the rest. I find this
interesting and will now be looking for patterns in which you respond
to with argumentation and which you respond to with a handwave that
essentially just means "I don't agree".
If that's your criteria for "everyone that matters", then I've met
some counter-examples to your claim.

BTW, my criteria for "everyone that matters" is "the people who are
making the buying decisions"

Well, it's easy to see where you went wrong, then. The original
question was which was the superior Web server, IIS or Apache?
Obviously the one that works better when employed as a Web server. The
one that crashes less, screws up responding to requests less, admits
fewer intruders that proceed to deface the site or add spam or a 1x1
iframe that loads malicious code when visitors subsequently arrive who
have vulnerable browsers, and so forth. Which happens to be Apache.
IIS admits far more intruders, crashes all the time, screws up (with
e.g. spurious 500-series errors) more often, collapses under heavy
traffic and stops responding at lower traffic volumes given the same
hardware strength than Apache ... Every benchmark, every security
comparison, and the everyday decisions of millions of web masters all
point to Apache being superior. It's also worth noting as I've said
before that it's the only one of the two with the property that a
substantial fraction of web masters feel proud enough of using it to
trumpet the fact publicly on every page of their site.
since the context that generated this
subdiscussion is you're wondering whether Microsoft is seriously trying to
compete against Apache using IIS.

You're making that up out of whole cloth. You claimed that Apache was
not superior to IIS, which I am rebutting. Apparently because I'm not
only right, but cleaning your clock in that particular department,
you've decided to try to redefine it to be about something that I
never argued against.

Microsoft is, of course, seriously trying to compete against Apache
using IIS, albeit miserably failing.
I'm genuinely surprised that you think Microsoft is not trying to
compete against Apache.

You're just making that up. At no time did I ever claim anything of
the sort, in this thread or anywhere else, ever.
Why not? The Enron Scandal had started in the 1990s and was only
discovered around 2001. Sounds like pretty sneaky behaviour to me.

A rational crook would have embezzled a fair bit and then floated away
on a golden parachute to a non-extradition-treaty country. This one
stuck around greedily trying to grab more and more until the amount
missing became so large that it could not possibly be concealed
anymore, then promptly got caught.
Also, not true, and I recommend you read the Corporation, a book I had
recommended to you earlier this thread.

If you know of a download URL (cannot be behind a paywall or
registerwall) of the full text of the book I may well do so. Otherwise
you cannot use it as that's not fighting fair. I'm certainly not
paying money (and for all I know, it will end up going to you!) just
to debunk some of the BS you've been posting in cljp lately! Letting
you cost me money would also be letting you win.

In any event, the logic in the paragraph I wrote that you quoted
directly above appears to be impeccable. If you have a reason to
believe it is flawed, provide some reasoning rather than handwaving it
with a reference to a (probably unfree) document that none of the rest
of us has likely ever read and that none of the rest of us likely have
ready access to.
I disagree.

It's your theory. If you disagree, are you therefore abandoning it and
capitulating this silly fight? If so, I win, and feel free to shut up
now. :)

If you mean you don't think that it torpedoes your theory, think
again. A rational self-maximizing corporation would not embezzle from
itself and then get totally destroyed while hemmorhaging money,
ticking off customers, ruining shareholders, and ending up a smoking
pile of cinders, which is what appears to have happened in this case.
Regarding it as a monolithic entity, it appears to have spontaneously
decided to commit suicide one bright sunny day without any prior
warning or any obvious intolerable externally-imposed circumstances
that might provoke a rational being to make the pain stop in the only
way they could.

A person in good health, with no problems at work or in their love
life, millions of dollars, no skeletons in the closet or legal issues,
and many years of these remaining true to expect statistically, jumps
to their death from a 17th-story balcony. Was that person rational? If
you say they were, please justify this with some reasoning.
I think you failed to understand what my "theory" is (but actually, I
never gave a theory, I gave a model). I'll repeat what I said for your
benefit:

Theory, model, whatever -- it tries to predict and it fails miserably.
Shall we try again now?
Later on, I said (but cannot find the exact quote, so this is a
paraphrasing): "A Rational utilitarian is a better model for corporations
than an emotional anthropomorph".

Don't tell me this is you redefining "better" again. Earlier you
redefined "IIS is better than Apache" as "IIS is marketed more
aggressively than Apache", for all intents and purposes, and switched
to discussing how Microsoft is trying aggressively to compete with
Apache as if that somehow proved your claims. Are you now claiming
that your model is "better" because you are trying aggressively to
compete with my model, or something like that, rather than claiming
that it actually makes better predictions?
Actually, if that's what they thought, it'd still be rational.

No, it isn't. The hypothetical promise of liability-shielding came
from a politician. The promises of politicians are composed of over
99% pure LI3. Therefore it is not rational for anyone who isn't very
young and naïve to believe any such promise without some serious
evidence that it's actually true. This particular (hypothetical)
promise obviously wasn't. And I doubt you believe it at all likely
that the embezzler was young and naïve given that they successfully
rose to a high place in a multi-billion-dollar corporation's inner
executive class and held it for some time.

In fact, the embezzler was irrational in precisely the same manner
exhibited by a chronic gambler who expects to eventually beat the
house and loses his shirt at the craps tables for his efforts. Only
the gambler harms at worst his family and himself, while the embezzler
did much greater damage to a far larger assortment of affected
parties.
If they thought the Bush Administration would protect them with
probability 60%, and that the utility they'd gain is 100 "profit points",
that's an expected utility of 60pp. If the alternative was a more
conservative approach which gave a 90% probability of gaining 65 "profit
points", this alternative action gives only 58.5 utility. Better to take
the first action.

Yeah, and going to jail has a utility of minus how many pp? Also,
believing the protection probability is anything above a sliver of one
percent when the promise came from a politician is obviously not
rational itself, regardless of how rational they might have been in
using the dubious number 60 subsequently.

Also, anyone savvy engaged in this sort of situation should expect
that their benefactor's loyalties will do an abrupt 180 the instant
the benefactor's own self or close minions becomes at risk of scandal
or criminal investigation. At that moment, the rational benefactor
shreds all of the evidence that they were in any way complicit and
leaves the would-be benefactee standing alone to face whatever may
come. And doesn't warn them. Of course, they earlier made sure the
benefactee retained no evidence of the benefactor's aid...supposedly
as part of trying to get rid of "some of the evidence against us", one
assumes...
After scanning below, I don't see an answer. Typing either "Yes" or
"No" would have taken less effort than typing "See below." So which is it?
Is it "Yes"? Or is it "No"?

What you didn't see below was my mentioning that my model predicts
Enron-like events to occur frequently and yours predicts them to occur
rarely; in fact they appear to now occur frequently, but didn't
apparently used to.

I've never quite agreed that my model is best described by the term
"emotional anthropomorph", but to the extent that it isn't, your
question above is irrelevant and can only serve to attack a straw man
instead of what I have actually said here recently.
This is a scathing indictment of the current law then.

Yes. [Attempts to sell me something again -- I think]

If you agree, then why are you continuing to argue against my
suggested reforms and reasons for these to be superior to the current
legal landscape?
This is your guess. You don't have actual figures.

It is a very strongly educated guess. We have all of the following
evidence:
* They could use tighter QA to cut down on support costs. Satisfied
customers don't complain much. Tighter QA on software is a ridiculous
no-brainer since the added QA costs are fixed instead of proportional
to usage, but the removed support costs are proportional to usage.
Added QA for software always wins in the long term.
* Offshoring support will cost X% of your customer retention rate and
will alienate potential new customers. If you gain customers at a
certain rate, and furthermore each customer buys N items on average,
you end up with eventually having had some number K of customers for
the product and KN sales at whatever margin, for a profit proportional
to KN. Offshoring support reduces N more or less directly and reduces
K at the same time by making customers warn would-be customers that
support is awful and they should shop elsewhere. It doesn't take a
genius to note that the loss is quadratic rather than linear. That's
bad news. The savings might be quadratic too, since one supposes
support costs proportional to KN, but this only comes out to be a win
if the expected support costs per unit exceed the expected margin per
unit. If that's the case your real problem was that you either priced
too low, or you suck. Either way, you save even more money by
eliminating support entirely in this case, and maybe more still by not
even trying to sell this particular line of products at all. :p

It follows that we should mainly expect offshoring support by a
rational company for products that are loss-leaders and whose
dependent is supported onshore -- even offshoring support for the
razor but not for the blades may be bad, since razor sales being hurt
will hurt the blade sales you make money on.

* There's also the empirical evidence: companies that offshored
support often run into financial trouble shortly after due to sagging
sales volumes; some are stupid enough to actually wonder why. Some
onshore their support again and recover. Some die. Some have a
monopoly lock-in, and tell the customers to go **** themselves, and
the customers have to just grin and go hunting for some lube. These
last, of course, make my original point.
Actually, no, quite the opposite. My *model* predicts that companies
will try to do whatever they think will make their them the most profit.
Enron followed my model (they made nearly 50 billion of pure profit
according to your figures).

I don't know what the actual figures are, but I think it's safe to say
they were forced to give up at least as much as they embezzled. Also,
Enron didn't make anything, some embezzlers at the top may have gotten
away with some money. More got caught and the company name is
certainly ruined as it's synonymous with "a catastrophically bad
investment" these days.
You say "Mine" implying that you have a model and/or a theory? If so,
can you actually state what it is? Is your model that corporations are
emotional anthropomorphs?

I stated what it was in an earlier posting; if you want to reread it
go ahead and reread it as I'm not stopping you. I would not agree that
your description is the most accurate possible, though, no.
Okay, good. Earlier, it sounded like you *were* doubting that.

That's probably because you have an IQ somewhere between that of a
stone and that of a larger rock with river moss growing on it. It
certainly isn't because it was true, or I'd said anything to imply or
suggest that it was.
I'm amused that you find natural immunity to ads to be a form of
craziness.

What natural immunity? You noticed and remembered the extravagant pro-
IIS claims in a bunch of them, so you're hardly naturally immune to
their somewhat-dubious charms. :p You went on to dispute my claim that
Apache is a better choice of Web server software, which implies that
you're not only not immune to the ads getting some fraction of your
attention (thus distracting it away from focusing on something
relevant to your task at the time), but furthermore you're not even
immune to being persuaded by the fucking things.

Just what ARE you immune to, then? Besides chicken pox, polio, mumps,
and rubella that is? :p
I don't know how you concluded this. There was no evidence for that in
my post.

Your defense of IIS over Apache despite its obvious inferiority is
evidence aplenty.
I don't know how you concluded this. There was no evidence for that in
my post.

I said that IIS was worse than Apache and you disagreed. I call that
evidence.
Hmm... Well, I disagree with your claim, then.

That's as insane as disagreeing with my claim that IIS is inferior to
Apache. I already TWICE mentioned that you can do less, more slowly,
with Vista and given hardware than you can with XP SP2 and the same
hardware, except for one single game you can play on Vista but not on
XP, and which a third-party thing might soon make XP able to run
anyway. If that's not evidence enough of Vista's inferiority (oh, and
did I mention it costs money versus sticking with your existing copy
of XP, and that it's full of crummy DRM that eats system resources and
can't be turned off despite you, the system administrator, considering
it unwanted, and a whole bunch of other stuff?) I don't know what the
**** it would take to convince you that it was. Documented evidence of
a computer bursting into flames shortly after Vista was installed
perhaps? Given the oft-reported gratuitous heavy continuous DRM-
related CPU use by Vista and a growing tendency for the cheaper
computer manufacturers to install inadequate CPU cooling to save a
buck and in the hopes that the buyer will never run it at near-100%
utilization for any length of time, it shouldn't be hard to find as
much Vista-linked porno for pyros on Youtube as it will take to
convince you. Search for some ... I dare ya. :)
At the Turing-Equivalent level, it may be true that Vista doesn't let
you do anything which XP doesn't let you do. From a more practical
perspective, your statement is false. I'll give you one example: The Vista
start button now has a search feature...

I just clicked the Start button. The second to last item on the right
hand side was Search, with a cute magnifying glass logo next to it. On
a WinXP SP2 box I keep around.
A wise "rational utilitiarian" person would not assume that everybody
has the same utility function that they do, and thus would not try to make
subjective statements into objective ones.

Even easier access to the "search", if it were true (and it clearly
isn't) that Vista provided such, would not be worth gobs of DRM. You
can find third-party search tools and add them to XP's Start menu
(including not in a submenu, by adding a shortcut to the top left part
of the main menu) anyway, which makes them just as accessible, and the
search tool can be perfectly good.

Meanwhile XP SP2 has better hardware support, better system
requirements/stability, better (i.e. much less) DRM, ...

Anyone choosing Vista for production use rather than just testing or
kicks despite this stuff is clearly irrational.
I guess you wouldn't consider me to be a savvy computer user, then.

You show few signs of being a savvy anything. Computer user, flame
warrior, copyright defender ... as far as I can tell you're mediocre
at all of these.
Well, not anymore. I got kind of fed up with their rhetoric tactics by
the beginning of the third chapter. I think the line that really got my
eyes rolling was:

<quote>
Competition is a good thing. That is why the NBA and the
Tour de France are so popular, and why we give our all at the
annual interdepartmental basketball game.
</quote>

You're going to ignore tons of cogent arguments because you don't like
the authors' *style*? That is irrational to the nth degree.

Oh, well. Your loss.
fallacies sprinkled throughout their treatise. "Hey, I love Basketball! I
guess I should support the abolishment of intellectual property too!"

Straw man, caricature, and about ten other things. They never
suggested such a chain of reasoning was valid and you know it.
And what information have you perceived to be "bogus and inaccurate"
so far in this thread, other than perhaps my claim that "Vista sucks" is
subjective?

Oh, such bogosity as suggestions that copyrights aren't bad, claims
that IIS is better than Apache (not just better-marketed), and
accusations that I lied (once) or wrote "nonsense" (numerous
times) ... that kind of thing. The usual twaddle and BS you run into
on usenet despite having killfiled every blatant spammer you saw.
 

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