Java and avoiding software piracy?

N

nebulous99

I have Vista.
help in most programs stopped working.
Topstyle stopped entirely.
TweakDun stopped working
The low level access to CMOS, the floppy and the hard disk in turned
off to DOS emulation.
4NT blacks the screen if I make an error.

That's because you were daft enough to install Vista.

I've never had anything of the sort happen simply from keeping XP up
to date.

Vista is a completely new and different product, not merely an update,
and it's made something happen that once was thought impossible:
Windows ME stopping being the worst operating system ever widely
distributed to consumers. It is now merely the SECOND-worst.
 
B

bufferOverflow

You have every right to request whatever you like, be it
free beer, diminishing of copyright laws, or even that
the sky be checkerboard-colored.


Oh sweet geebus! This thread is still going on!
:)
 
N

nebulous99

You've talked a lot here and elsewhere about how and why software
should be free. That because software is infinitely reproduce-able it
should be available to all who want it, etc, etc. In an ideal world,
where cost and debt and compensation weren't issues, where everyone
had what they needed and all work/innovation was purely for fun, your
ideology would work.

And in the real world it would also work. Lack of copyrights and
patents worked for tens of thousands of years. Given a chance it will
work again. The open source and creative commons stuff shows that it
still does work in the little corners to which it has been effectively
relegated by the lobbying might of big business.
In fact, I support it thoroughly. Help us figure
out how to solve problems of hunger, dependency, greed, and corruption
in order to eliminate a need for trade/barter/business and then the
"free software for everybody no matter what!" mentality will be
something I support 100%.

Er, communism? Tried and doesn't work. Really free markets, with only
safety/antipollution/trust-busting regulation (regulation that
considers the interests of the small guy and leaves business to fend
for itself instead of vice versa) is a better candidate, as it's
provably more efficient than pretty much all known alternatives,
including more-regulated markets, less-regulated markets, and non-
market systems.
But not only is it impractical in the current business environment,
Evidence?

What does "freedom" mean to you? Freedom to have whatever you want no
matter what it may cost the people who made it?

No, or I'd steal and rob banks.

Freedom to have my choice of vendors. Freedom to do as I please with
my own hardware and the bits and bytes therein. Competitive markets
that drive ALL commodities' prices down to about marginal costs plus
delivery costs plus tax.
Freedom to do whatever
you want with things even if their creators ask nicely that you not do
those things? Hm...that sounds sticky to me.

I don't recognize the right of a creator to control something they
created once they sell it or give it away to somebody else. I do
recognize the right of a person to control their own private property,
regardless of where they got it from so long as they didn't physically
take it from someone else without that someone else's permission, and
regardless of who originated the first of its kind.
I think earlier you made an analogy about potatoes, right? How it's
not wrong to replant the eyes of a potato you buy, even though that
means you'll never have to go back to the farmer who sold you the
potato? You're right in that analogy, but think about this: what if
that farmer only sells potatoes to people who sign a contract agreeing
not to replant?

Fine. Let some farmers make such contracts. People might just shop
elsewhere, but it's his free choice.

Let's get rid of copyright and patent law, but let corporations
require contracts be signed for some transactions (same as now).
Obviously commodity, mass-market stuff will drop in price to marginal
cost but companies with small markets of mainly other businesses, that
already negotiate contracts governing sales and other activity, and
already sometimes negotiate NDA type contracts for various reasons,
may continue to do so and perhaps use such contracts to restrict
copying.
Sure, potato contracts are pretty strange (and even the phrase "potato
contract" is amusing. Go ahead, say it out loud a few times), but the
same thing applies to software licenses and all kinds of other
contracts.

Software licenses aren't contracts though! You don't get to negotiate
them, and they don't provide you anything you haven't already
purchased. In fact they pop up potentially quite a long time after the
transaction where the goods and the money got exchanged. That isn't
contract formation by any stretch.

If a software vendor wants to make me sign a contract to use their
stuff, let them. Let them only furnish a copy after I sign and someone
witnesses a document of some sort.

I've yet to see any software vendor actually doing this, or anything
remotely resembling it. Instead they just try to unilaterally change
the terms of a deal already made between two other parties -- a
retailer and a consumer.
But they have that right, and consumers have a choice between
adhering to the restrictions or not signing the contract.

I've yet to sign any contract regulating my use of any software and
don't plan to start soon even if vendors do start wanting it.

And consumers should also always have a choice between fully-
interoperable software from different vendors, so that they must
compete on price and any contract terms they do eventually try
legitimately to impose.
That's the thing about freedom. If you value your freedom, the best
way you can demonstrate it is by respecting the freedoms of others.

The freedoms of others to restrict the freedoms of still others are an
exception. All restrictions of freedoms require strong justification,
and the more invasive the restrictions into peoples' everyday lives,
the stronger that justification must be.
However, you seem to be insisting that your perspective is a) the only right
one, b) infallible, and c) mandatory.

It has already been soundly demonstrated to be morally superior to the
existing system. What higher standard of evidence would you hold me
to, that even that does not suffice to meet the required burden of
proof?
I suspect that even if more
people agreed with your perspective, your attitude would still turn
people off. Civil discourse is more helpful and enjoyable when people...

I am not the one who made things uncivil here. You can thank several
other people, particularly Joe Attacki, for that. Don't try to blame
that one on me.
 
N

nebulous99

Apparently, Microsoft wants to get into the software-renting business,
with Windows 7 (the successor to Vista):http://arstechnica.com/news.ars/post/20070722-2010-a-windows-7-odysse...

Well, that tears it. In another decade or so WinME will be only the
THIRD worst consumer OS ever!

I have no intention of ever even getting Vista, let alone this
proposed even-worse (P)OS.

I fully intend to resurrect an aging machine, rescue any remaining
data on it not long since copied, and turn it into a Ubuntu box
someday soon. If MS keeps up with this and copyright takes long enough
to up and die, I'll probably have to eventually migrate to using it or
something similar as my primary OS and relegate MS stuff to just a
games machine at some point. Or give up on games <sigh>...
 
N

nebulous99

Poinsettias and certain roses have this restriction.

What -- as in there is NOWHERE you can buy them that doesn't require
you to sign such a contract as a condition of the sale? Because if
there's even one place where you can ...
 
N

nebulous99

Or what? You'll hack it too? Please excuse me for a few minutes while
I report you to the relevant authorities...

[snip content-free blather]
[nothing left]

Let the record now show that Joe Attacki responded to this post by
sending me an unsolicited and threatening email in which he called me
among other things "cockbreath".

And that any further unfriendly email from this a^H*individual* will
result in a complaint to his ISP's abuse department re: email
harassment.

So if he suddenly disappears you'll know what happened...
 
O

Oliver Wong

Andreas Leitgeb said:
Twisted said:
1. This occurs moving files within a single logical drive.
ok, then there must be some other/further reasons...
2. - 5. [reasons why it is to be considered a bug]

I didn't deny that. I thought my speculations could help Oliver to
reproduce these symptoms, nothing else. Because I don't do this
Windows crap myself, I also couldn't verify these tricks.

Well, I'll tell you one of the reasons I couldn't reproduce Twisted's
bug:

I don't know what he's doing to get the "I beam" that he mentions. The
I beam does not show up in either "List View" nor "Detail View" when I'm
dragging files from folder to folder. So right away, that makes the
problem non-reproduceable for me, and hence my request for a video
demonstrating the bug, so I can see exactly everything that he is doing.
Those things I said I knew about windows are actually only rarely
related
with bugs. I've seen long-time windows users who hadn't even known
that you could switch windows with Alt+Tab, and rather selected their
just-recently used window from some group in the taskbar whenever they
wanted to return to it.
Or that one can put a shortcut of applications that were installed
deeply nested in the Start->Applications-menu into the taskbar for
quick access.

It sounds like, then, that you're simply meeting a lot of arrogant
Windows users[*]. I would not consider someone who did not know about
alt-tabbing to be a "Windows expert", for example, any more than I'd
consider someone who did not know what "ls" does or what "bash" is to be a
"Linux expert".

The fact that *I* don't consider them to be experts, of course, does
nothing to prevent them from applying the "expert" label to themselves,
however.

- Oliver

*: Arrogant, in the case of the self-entitled windows-experts. I suppose a
self-entitled windows-lover who did not know many shortcuts and features
of Windows would not necessarily be particularly arrogant (or hypocritical
or any other negative adjective). I guess it's not unlike a person who
really likes the taste of sushi, but doesn't know the supposedly intricate
rules for "maximizing the pleasures" of sushi, nor how sushi is prepared,
etc.: He'd be a sushi-lover who doesn't know a whole lot about sushi.
 
O

Oliver Wong

Oliver Wong said:
Andreas Leitgeb said:
Twisted said:
On Jul 20, 5:25 am, Andreas Leitgeb <[email protected]>
wrote:
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. ...
1. This occurs moving files within a single logical drive.
ok, then there must be some other/further reasons...
2. - 5. [reasons why it is to be considered a bug]

I didn't deny that. I thought my speculations could help Oliver to
reproduce these symptoms, nothing else. Because I don't do this
Windows crap myself, I also couldn't verify these tricks.

Well, I'll tell you one of the reasons I couldn't reproduce Twisted's
bug:

I don't know what he's doing to get the "I beam" that he mentions.
The I beam does not show up in either "List View" nor "Detail View" when
I'm dragging files from folder to folder. So right away, that makes the
problem non-reproduceable for me, and hence my request for a video
demonstrating the bug, so I can see exactly everything that he is doing.

I've found the I Beam now. Apparently, the I Beam gets disabled when
you disable one of the eye candies in XP (which I've done at my work
computer, since it's not the greatest hardware around). I'll re-enable the
eye candy maybe later today and see if I can reproduce the bug.

- Oliver
 
O

Oliver Wong

Twisted said:
Your putting words in my mouth does not a cogent argument make.

This wasn't an attempt at a making a cogent argument: If you read the
next line, you will have seen that I was explaining how I misunderstood
you. I.e. I'm saying you sound like an egocentric pirate, but later on, it
turns out this is what you're really meant. I'm criticizing your ability
to express yourself. You make understanding your arguments unnecessarily
difficult.
I'm fairly sure UK copyright law is binding on third parties,

I don't live in the UK either.

Exactly my point. IN PRACTISE the only alternative a user has is to
"buy from the company store".

Factually false.

Consider Firefox vs Internet Explorer, for example. I prefer Firefox.
Firefox is not fully-substitutable for IE, because it does not suffer from
all the bugs that IE has. That doesn't mean I must now give up on FF.
It's also a mistake I never make.


A lot of community content rocks.

Do you have a point here?

Read the next paragraph I had written in the post you were replying
to:
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 simply not true. I make equally careful decisions about
whether to try a commercial game as I do a free game, because in actual
fact, they both cost the same to me: they're free. One of my friends is a
game reviewer and gets several games sent to him for free. Another one of
my friends is just plain rich (family of an important political figure).
Between the two of them, I very rarely ever need to buy a game myself to
merely try it.

My point is that the ratio of crappy games to good games is much worse
for free games than for commercial games. Perhaps 90% of all games are
crap, but that would be because 99% of free games are crap and 70% of
commercial games are crap, and it averages out to 90% (since there are
more free games than commercial games).

In other words, there's something about commercial games that make
them less likely to be crappy. I suspect it's the fact that money is
involved and that you can hire talented people using money.
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.

If you consider any efforts to not have the price of your products to
go down to zero to be a form of "price protection", then I think that
"price protection", under your definition, is not necessarily a "bad
thing".

Note that people who have a copy of the game are free to compete, in
the sense that these people are allowed to make their own game and try to
sell it: If I buy Quake 3, that doesn't mean I'm not allowed to work on
Unreal Tournament 2008. So you are highly misrepresenting the facts when
you say that there is an "effective noncompete agreement" involved in
buying games.
Strawman argument. Windows is emphatically indispensible for certain
things or under certain circumstances.

I think you don't know what "Strawman argument" means. A Stawman
argument would be an argument in which I had misrepresented your
arguments. It seems clear to me that you actually did claim that Windows
is indispensible (and in fact, that you are claiming it again now), so
when I portray your arguments as if you were claiming that Windows is
indispensible, this is a very accurate portrayal.

Again, Windows is not indispensible. Go to comp.os.linux.advocacy if
you don't believe me.
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 disagree that I'm defending the state of affairs as it is now.
I'm pointing out that it isn't, and why it isn't by the principles of
the capitalist democracies we live in.

Yeah, I know. I just told you that.
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.

The software can be configured in multiple ways. For example, whether
or not you had eye-candy enabled might affect the bug. As a software
developer, you should be aware of this.
Same reason almost none of the others have --

I think you don't know what "almost none" means. Windows XP SP2 was
released in 2004. In 1994, people were running Windows 3.1.

Do you *really* mean to claim that the amount of bugs fixed between
Windows 3.1 and Windows XP SP2 is "almost none"?
There's the double-counter that "curing diseases is not harmful;
curtailing peoples' freedom to do harmless things is".

And then there's the triple-counter of "Forcing all information to be
free is not necessarily harmless". So there. =P
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.

You have a different definition of "deal" than I have, for example.
When I interact with a vending machine, I am not directly interacting with
any human, and yet the terms of the deal are clear: I have to put $1 into
the slot, and I get a drink or candy or whatever it is that the vending
machine is offering. The fact that you require a living sentient being
present is unecessarily restrictive.
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.

What about signing a document without a witness? I do that very
frequently: for example, whenever I file an income tax return, I'm signing
the document, and there's no one around to witness my signing the
document. Do you think the government takes this document any less
seriously simply because there were not "living sentient being" around to
actually see my sign it?
This applies to you in the UK too.

I'm not from the UK.
A deal that isn't a "binding contract" is not legally enforceable.

I never claimed otherwise.

[..]
You certainly appear to be disputing them.

No, I think maybe you're in a certain frame of mind (we might call it
"argumentative"), and your frame of mind forces tones onto the text you
read which are not present. You frequently think I'm disputing a lot of
things which I'm not actually disputing, and you think people are
insulting you, when they're not, and you think people are hacking you,
when they are not, etc.
Of course, you've made it fairly obvious that you have a vested
interest here.

What do you think my interest is?
And now you've accused me of having an agenda beyond
simple argumentation and bogosity-combat.

I did not intend to make any such accusation. Your train of thought
interests me. I hesitate to tell you why, as I suspect you'll interpret
the reason as a form of insult. I'm asking you about your motives out of
sheer curiosity.


[snip one interpretation; the one which favors Twisted's arguments, of
course]
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?

Perhaps if the configuration or technology used the laptop itself is
that which is valuable. That is, the information of the laptop is more
important than the matter which makes up the laptop. Or perhaps, the
laptop harddrive contains senstive information, such as govermental
records, and in the process of cloning the laptop, you've also cloned the
contents of the harddrive.

The police would probably not want you to have that information. And
society in general would probably not want you to have that information
either.
Is there any
logical reason for a sane and just society to empower them to do so?

Yes, see above.





It means it's not a proper free market, which is bad, mmkay?

I'd just like you to take note that I am not disputing the idea that a
no-lose situation is not a proper free market, nor that having a non-free
market is bad.
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.

You're falsely assuming that it takes a competitor the same amount of
effort to make the same product as the original company.

For example, Microsoft makes Windows a certain way. They make some
internal design decisions which ends up with Windows having a certain set
of features, a certain specific behaviour, and so on. For a competitor to
make an competing product of Windows which behaves identically is
extremely difficult, unless they had access to the original internal
design decisions. To make a fully-substitutable product, you'd have to not
only duplicate all the features of Windows, but also duplicate all the
bugs, including the ones that Microsoft themselves don't even know about.

And this is even if there were no pressure (legal or otherwise) from
Microsoft to discourage the competitor.
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?

Yes, I do. When they fab the processors, they don't all come out
equal. For example, one processor from a batch might run fine at 3Ghz,
while another processor from the same batch might only be able to manage
2Ghz. So althought they all come from the same manufacturing process, some
processors will be (correctly) marked as an inferior product, and sold at
a lower price.

In the specific case of the 486SX, they may have found that in some of
their batches, their FPU components were naturally failing as part of the
manufacturing process, and they figured they could sell that processor at
a lower price. Then, as demand picked up for the cheaper processors, they
had to actually disable the FPU component to meet that demand.

The same thing happens with clockspeeds in processors. Sometimes,
there's a lot of demand for a lower clockspeed (and cheaper) CPU, but it
just so happens that the manufacturers were "lucky" this time around, and
all of their batches produced very high-rated processors. So to meet the
demand, they have to actually downclock some of their processors and cell
those.

It's exactly the same thing which happens when you buy "Extra extra
virgin olive oil" instead of "extra virgin olive oil". By paying a
premium, you increase the likelyhood that you're getting the best from the
batch. If you pay a lower price, you may still get the best from the batch
(e.g. if all items in the batch were equally good), but you run the risk
of getting something slightly worse.
**** you. This is unproductive and it's insulting. You're basically
calling me a liar, and in public too.

So are you. I can deal with it. Can't you?
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.)

First list what criterias you consider necessary to receive the title
of "expert".
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'm not sure if you're aware of this, but in USENET, newsgroup are not
"rated".

I subscribe to the C# newsgroup, but I don't post there frequently,
because I don't have any questions (not interested in learning it right
now), and I'm not very knowledgeable in C#, so I can't answer many
questions.
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've started to do that, but often times, I suspect your "premises"
are facetious. Things like "Vista objectively sucks", which I suspect no
rational or honest person would actually believe.

[...]
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.

The problem here is that you assume I disagree with everything in your
post. I don't. I agree with a lot of it. I only disagree with a narrow
subset of paragraphs, and those are the ones which I sometimes respond to.
Other times, I feel it would be too difficult to explain to you why I
disagree with your claims, and don't bother to respond.

So in other words, if I say I disagree with something, then I disagree
with it. If I don't say whether or not I disagree with something, then you
have no information as to whether or not I disagree with it.
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".

Well, I hope I didn't spoil your fun by explaining the mysteries
behind it in my previous paragraphs above.

Note that I'm working under the assumption that you're not open to
alternatives to your beliefs, so I'm not trying to "convince" you that I
am right or anything like that. I am very interested in your beliefs,
however (in fact, I was speaking about the plausibility of a world without
intellectual property with some friends of mine last night over dinner,
and I repeated a couple of your arguments to defend the plausibility), and
I'd like to hear more about it.

This is why when you say something which really doesn't make sense to
me, I reply to it, explaining the problems I see. I tend to assume that
most people are logical or rational in most aspects, and so if they say
something irrational or illogical, I can only assume I must have
misunderstood something. I'll state what I see to be a logical
inconsistency, to give the other person (you, in this case) a chance to
clarify what was meant.

So when I do that handwaving "I don't agree" thing, it means I believe
that I fully understand this portion of your belief, but I don't choose to
believe in it. When I give a rebuttal, it means I suspect I don't
understand your belief, and I wish for you to explain it to me in greater
detail.

I'll try to explain my thoughts to you more explicitly from now on, to
avoid further misunderstandings.
Well, it's easy to see where you went wrong, then. The original
question was which was the superior Web server, IIS or Apache?

That was not what I perceived the original question to be.
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.

Yes, I know. Maybe I should state explicitly that the claim "Apache is
better than IIS" is not one that I disagree with.

You're making that up out of whole cloth. You claimed that Apache was
not superior to IIS, which I am rebutting.

I disagree that that was my claim (and I'm leaving it at that, because
I don't really care whether you believe me or not).
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.

If you say so.
Microsoft is, of course, seriously trying to compete against Apache
using IIS, albeit miserably failing.

Good, then we are in agreement.

[...]
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.

I'm not recommending the book to you in order to "win" this argument.
I'm recommending it to you because I am too lazy to explain why I disagree
with your claims with respect to corporations. I had suspect that maybe
you were interested in the behaviour corporations, and so I recommended
this book because I thought it might interest you.

If you are so concerned with winning this argument, then allow me to
state right now: I have lost the argument, and Twisted has won. Twisted
has defeated me in this thread.
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.

You should really read the book if you're interested in the detailed
explanation. As I mentioned earlier, I am not particularly interested in
convincing you of my position, and for this particular topic, the
explanation is long and I am lazy. So I'll summarize the explanation as
"The emergent behaviour of many people acting together in a corporation is
not necessarily one that any individual person would agree to or support".
Again, if you want more details, read the book.

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. :)

Yes, you've won.
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.

Notice that it was not the corporation that was embezzling money from
itself, but a few select directors. The directors were not doing what they
were supposed to be doing (maximizing shareholder profit).
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 suspect a more accurate analogy would be a person in good health,
wealth, etc., suddenly gets sick and dies. Their heart was not doing what
it was supposed to be doing.

[...]
Don't tell me this is you redefining "better" again.

In this case, I use "better" to mean "has less inconsistencies with
reality than". I suspect this is equivalent to "makes better predictions
than", but I'm not sure about that.
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.

This is not true. Here's what was written in the thread:

http://groups.google.com/group/[email protected]
<quote speaker="Twisted">
Microsoft is learning this lesson right now. They're reaching
for any legal bludgeon they can invent (software patents for example,
or a "trusted computing" mandate) to kill open source competitors by
criminalizing them, all because they cannot compete in a fair and open
market.
</quote>

http://groups.google.com/group/comp...92/e19c3cf4da3a40bc?lnk=raot#e19c3cf4da3a40bc
<quote speaker="Oliver">
They [Microsoft] break the law when the profit they gain
from doing so outweighs the penalties they'd pay. They embrace Open Source
when it's profitable to do so (Windows XP has some BSD licensed code in
it, for example), and they try to stiffle competitors of all form (open
source or otherwise) *when it is profitable to do so*. Honestly, I don't
think Microsoft is very concerned about losing the desktop market to
Linux, so they aren't spending much resource in fighting it there (the
reason being the expenses paid in "fighting" Linux will be greater than
profits from the marketshare regained). They might be more concerned with
Apache vs IIS, and so you do see a lot of marketing in that area (I see a
lot of banners citing IIS is better than Apache, for example).
</quote>

<quote speaker="Twisted>
(they [Microsoft] can't compete -> observe Linux server-side
market share eating Windows alive; ditto Apache vs. IIS and JSP vs.
ASP; law-buying, well, just look, the campaign donations are a matter
of public record. No I don't know the URL offhand.)
</quote>

<quote speaker="Oliver">
Your evidence doesn't support your assertion: "Compete" doesn't mean
"Win". Maybe they [Microsoft] are simply competing and losing.
</quote>

<quote speaker="Twisted">
Given the shoddy quality of e.g. IIS, do you really think they are
trying to "compete" in any arena that doesn't involve either lawyers
or lobbyists?
</quote>

<quote speaker="Oliver">
Question is based on false premise, and is therefore nonsensical.
You're assuming that IIS is perceived to be shoddy by everyone.
</quote>

<quote speaker="Twisted">
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.
</quote>

<quote speaker="Oliver">
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?
</quote>

So as you can see, I never said IIS was better than Apache. I simply
said that Microsoft is attempting to compete with Apache, and cited the
advertisement as evidence of this.



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?

No.

[..]
Yeah, and going to jail has a utility of minus how many pp?

Very low magnitute, because when you have billions of dollars, you can
negotiate or bribe your way to a very comfy prison cell.

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.

So in other words, "no".

Good, we're in agreement, then.
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?

I'm not. Go for it. All the more power to you. I support your cause at
the general abstract level, although I disagree with some details within
it.
It is a very strongly educated guess. We have all of the following
evidence:

[snip evidence because I understand your points, I disagree with them, and
I am not interested in explaining my disagreements. So again, you win this
argument.]

I'll just mention to you that I've worked in offshore support, and
most Americans I spoke to never even realized I was offshore. Notice how
you had automatically assumed I was American, and later British, in this
thread.

Some offshore support places are very effective in hiding the fact
that they are offshore.

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.

And what claims would that be? I don't believe I've ever cited any of
the pro-IIS claims that the ad produced, because in actual fact, I don't
recall what they were. What I do remember is this largish man crying of
joy (presumably because of all the pleasures IIS brought him?). It was an
amusing sight.
:p You went on to dispute my claim that
Apache is a better choice of Web server software,

Notice that what I disputed was the claim that Apache is perceived by
everyone to be better than IIS (or more accurately, the IIS is perceived
to be shoddy by everyone).

What you're doing is strawman: misrepresenting my arguments.
Your defense of IIS over Apache despite its obvious inferiority is
evidence aplenty.

The only defense of IIS I stated was that there exist some people who
like it. I'm pretty sure that's factually true. There must be at least one
employee of Microsoft who likes it, for example.

Maybe I should state explicitly that I personally prefer Apache over
IIS. I hope this will eliminate any false assumptions you may have made
about my position regarding these two servers.

I said that IIS was worse than Apache and you disagreed. I call that
evidence.

You said that IIS was perceived universally as being worse, and I
disagreed. I personally think IIS is worse than Apache, and I suspect you
do too. But I don't believe that everyone in the world thinks IIS is worse
than Apache.
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,

Yes, and I've heard your claims. Notice that the more times you make
those claims doesn't necessarily make it more and more true each time.

[...]
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?

Even then, only if there were evidence to believe that the bursting
into flames was caused by Vista. If, for example, you had a video of kids
installing Vista onto a computer, and then detonating a firecracker within
it, this would not cause me to like Vista less.
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. :)

http://www.youtube.com/results?search_query=vista porno for pyros
<quote>
No Videos found for 'vista porno for pyros'
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.

This is why I find it amusing when people who have never tried Vista
criticize it. The search feature doesn't do what the button on XP does.
The Vista one is much more useful: You type in a substring of a name of a
program, and the contents of the start menu will update with a list of
programs and documents containing that substring. So for example, you can
type "not" to see "notepad.exe" and "Death Note Episode 28.avi" and so on.

There's many small improvements like that sprinkled all over Vista
which makes me long for it whenever I'm stuck on an XP machine, and have
to actually search through the start menu to find the shortcut to the
notepad program, for example.
You're going to ignore tons of cogent arguments because you don't like
the authors' *style*? That is irrational to the nth degree.

I didn't see tons of cogent argument. I think I saw 2 cogent arguments
after 3 chapters.
Oh, well. Your loss.

Straw man, caricature, and about ten other things. They never
suggested such a chain of reasoning was valid and you know it.

What was the point of bringing up basketball, if they were not
suggesting such a chain of reasoning, then?
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.

Of these, the only one that interests me is "copyrights aren't bad",
so you will probably see me do lots of hand waving "I disagree" on the
other topics, if indeed I do disagree with what you write.

BTW, congratulations on winning the argument. Can you give me a P.O.
box to which I may mail you a prize?

- Oliver
 
N

nebulous99

Well, I'll tell you one of the reasons I couldn't reproduce Twisted's
bug:

I don't know what he's doing to get the "I beam" that he mentions. The
I beam does not show up in either "List View" nor "Detail View" when I'm
dragging files from folder to folder. So right away, that makes the
problem non-reproduceable for me, and hence my request for a video
demonstrating the bug, so I can see exactly everything that he is doing.

Try using Tiles view, which is what I usually use where I see the
problem. It also occurs intermittently in Icons view, which also
normally shows the I beam. List view seems to put dropped files at the
end 100% of the time, which at least is consistent...OTOH, this (and
being able to reverse the sort order) is inconsistent between list
(and details) and the other views. :p
 
J

Joshua Cranmer

Please check out
http://www.dklevine.com/general/intellectual/against.htm before making
any more lengthy followups to this thread. Other readers of this thread
are encouraged to read (or at least skim) the material there also. It
won't bite, despite the pdf format of much of the material there.

Having just read the first chapter, I can only point out the problems. It
quotes from the Economist, saying that "A patent is the way of rewarding
somebody for coming up with a worthy commercial idea," and then proceeds
to attack that statement. Naturally, what comes next from the same
article and is ignored by your reference is quite different from that
idea.

Your reference continually refers to absurd patents. Had they fully cited
the article (it says "this comes from an article in the June 23, 2001
copy of The Economist, page 42"), they would have debunked their
argument. The title is, "Patently Absurd?"

The Economist's article points out that the flaw is not in the idea of
patents, but in the fact that the U.S. Supreme Court ruled that
"everything under the sun made by man is patentable." In fact, in
reviewing your reference, the authors use many of the same arguments but
ignore the glaring fact United States patent law is horribly broken.

Furthermore, your reference compares the Trevithick and the Watt steam
engines. What it neglects to mention was that Richard Trevithick was a
wealthy aristocrat living comfortably off of land rents whereas James
Watt was lower middle class (maybe even working class?) who needed the
money to survive. I suppose the world would have no need for patents and
copyright if money were not a problem.

In short, your entire argument against patents and intellectual property
are based on flimsy supports. US patent law is egregious and counter-
productive; you'd be hard-pressed to find anyone who disagrees with that
statement. Little mention is made of foreign patent models. Talking about
historical patent models is comparing apples to steaks: the majority of
production is now in the information and service sectors, as opposed to
the dominating agriculture and manufacturing sectors a century or two ago.

I will close my post with a quote from the referent Economist article:

One thing is clear: the stronger patents are made, the greater the
incentive to avoid them. And avoidance leads to anti-competitive
practices. The alternative—secrecy coupled with first-mover advantage—may
impede the informal flow of information as well as the formal trading of
know-how between firms. That, also, is hardly a recipe for promoting
innovation. On the other hand, cross-licensing appears to stimulate R&D—
and, by inference, the pace of innovation.
....
According to Joshua Lerner, an economist at Harvard Business School, "one
of the big lessons that comes out of the economic literature on patents
is that 'one size fits all' doesn’t make sense."
 
N

nebulous99

I'm criticizing your ability to express yourself.

Well there's your problem then -- instead of arguing my points you're
attacking and criticizing their author. No WONDER you're not doing too
well at convincing me of anything here!

Of course, whether you were accusing me of hypocrisy and having
ulterior motives or just of being "unable to express myself" you were
doing so regardless.
You make understanding your arguments unnecessarily
difficult.

Me, or your lack of reading comprehension skills? I'm not convinced
I've been at all unclear in what I've written. If there's anything
causing confusion, it's the usual free as in beer or as in speech
confusion that arises because of the overloaded usages of the English
word "free". Which is hardly my fault; it goes back a long time I
suspect.
I don't live in the UK either.

This is rapidly getting into nitpicky territory now.
Factually false.

Factually true. Can you get a perfectly Windows-compatible OS from any
source other than Microsoft legally? Not here or in most countries.
The closest you can come that isn't from the "company store" is Linux
+ X + Wine, which is a fairly poor substitute with all kinds of
compatibility issues.

That's just one example.
Consider Firefox vs Internet Explorer, for example. I prefer Firefox.

And you no doubt sometimes run into IE-only sites. Again no perfect
substitute. For some things (including access to Windoze Update) again
you must go to the Microsoft "company store". On the other hand, IE is
not a substitute for Firefox either, especially if you value your
computer's security from spyware and other intrusions!

You are actually furnishing examples that SUPPORT my point -- that
right now there is no alternative, if you don't want to break
compatibility, to buying from the "company store" lots of the time.
My point is that the ratio of crappy games to good games is much worse
for free games than for commercial games.

No, because the bias is still there. You play a) free games, and b)
commercial games that went through extra filtering steps in 1) the
company deciding whether to release or abandon (companies will more
quickly abandon something that looks likely to be a money-loser than
freebie-making hobbyists a project that looks likely to simply be a
loser) and 2) what gets heavily marketed/promoted, including by giving
free samples to reviewers as well as by other methods.

If there's anything you're paying for with commercial games that
boosts quality, it's simply extra filtering that could as easily come
by way of organic community review processes that, on a crowdsourced
model (ala user book ratings on amazon.com) with no central reviewers
(and especially if fully p2p-architected to avoid central servers
too), could easily have a price tag of zero.
Perhaps 90% of all games are
crap, but that would be because 99% of free games are crap and 70% of
commercial games are crap, and it averages out to 90% (since there are
more free games than commercial games).

Even if this were true it wouldn't mean much. It means getting rid of
copyright and patent increases the number of crap games out there. So
what? You can still avoid the crap games, and at worst a crap game
will cost you a bit of time and bandwidth finding out it's crap, but
never serious money. Sounds like an improvement to me. Also if a few
people actually like one of the "crap" games that would have landed on
the commercial side of the fence before, and then been filtered out at
some point before they ever got to see them, they get games they like
that would otherwise have never been available to anyone!
In other words, there's something about commercial games that make
them less likely to be crappy. I suspect it's the fact that money is
involved and that you can hire talented people using money.

I think it's just filtering. There are free levels for Quake 3: Arena
that rival in quality the ones that came with the game. Nay, some are
actually superior in visuals and other respects, because experienced
players made them, and they were made with higher polygon budgets due
to Moore's Law having increased gamers' processing beef since the
initial game release, and they were made with wholly new techniques
(e.g. fancy terrain blending) enabled by community development of
upgraded game-editing tools and new assets (textures etc.).
This wouldn't have happened if "making something for free means
there's zero talent" as you so forcefully keep asserting.

There are high quality free games of all kinds -- entire games, not
just addon levels for commercial games -- so you can't claim that
somehow magically the money-costing talent of the commercial game
"leaked into" the community-made levels and get away with that
"explanation". Community-made levels that use little of the commercial
game save its engine are bad enough for your argument. Community-made
entire games, engine included, blow it out of the water. So do source
ports like Tenebrae that pretty much reimplement a commercial game
from scratch. Tenebrae + custom Quake 1 level (e.g. any one of Iikka's
blue themed levels) with all-custom assets = barely anything
originated by the commercial source remains save the QuakeC telling
the game monsters how to move and determining what damage their
weapons do. And there's a wholly-original community-made popular RTS
game with Linux ports. There's the fact that Tenebrae pulls off most
of the same new visual features Doom 3 does, and was developed wholly
independently of Doom 3, based on an older Quake engine (1 vs. 3), and
does as well, and is free.

Argue all you want. There is plenty of talented work product available
for the low, low price of $0.00, and there always has been and always
will be. Them's the bald facts. No restrictions on copying are needed
to ensure such works get created. And restrictions, particularly on
derivative works, are proven toxic to creating new works. (See
http://www.questioncopyright.org/ghost_works)
If you consider any efforts to not have the price of your products to
go down to zero to be a form of "price protection", then I think that
"price protection", under your definition, is not necessarily a "bad
thing".

Given that the marginal cost of the product in question can diminish
to zero, I don't agree.

[insult deleted]

To the extent that Unreal Tournament 2008 is not a perfect substitute
for Quake 3, you are wrong and I am right. Face it.

I think you don't know what "Strawman argument" means. A Stawman
argument would be an argument in which I had misrepresented your
arguments. It seems clear to me that you actually did claim that Windows
is indispensible (and in fact, that you are claiming it again now), so
when I portray your arguments as if you were claiming that Windows is
indispensible, this is a very accurate portrayal.

The strawman misrepresentation is that I never claimed people can't
"get through life" without Windows -- lots of people do it all the
time. I claimed that there is no 100% compatible substitute for
Windows. Exhibit one and I'll admit I was wrong there, but I find it
rather improbable that you will succeed.

I said Windows is not optional if you want to do certain things, that
logically should be possible without paying Microsoft because those
things are not themselves run by Microsoft. Your response was to
mischaracterize my argument as being that "But you can't live without
Windows!", which is classic strawman fallacy.

Try doing high-end CAD stuff with Linux or FreeBSD. Or just about
anything requiring color management and matching when printed out. Or
playing certain (non-Microsoft) games.

Why should Microsoft have to be paid for me to do these things? I see
no public-benefit rationale in society enforcing such a thing by law.

Hell, I should be able to do whatever I like without depending on any
specific vendor. I should be able to have local and long distance
service by a choice of providers, separately. I should be able to use
any of several operating systems, including various unixes (got them,
Linux, FreeBSD...) and windowses (so far there's only Microsoft
there). I should be able to use any application level software I like
on any of these. And I should be able to get any given application
software from a choice of vendors providing perfectly interchangeable
versions. I can do this with open source -- I can get perfectly
intercompatible unixes from Red Hat, SuSE, and these days I think even
Oracle, and lots of bit players. I can find ports of various open
source applications to many operating systems, generally including at
minimum Linux and Windows versions, and get them from various sources
too. But not commercial software. And I think that is wrong. The only
entity that, given a particular goal or activity, one should ever not
be able to avoid dealing with is the government, and this is
counterbalanced by the government being accountable directly to the
electorate -- at least ideally. Corporations have proven time and
again that it is difficult to hold them accountable other than by
taking one's business elsewhere.

Once upon a time countries were all unaccountable other than by taking
one's citizenship elsewhere -- you lumped it or fled as a refugee.
Then they invented democracy, and things got at least a little better.

With corporations there can be one of two "fixes" for the problem of
abuse: consumers get the ability to control a corporation they've paid
money to, in some manner -- e.g. bought anything from them within the
past 4 years or something and you get a vote, and the results of votes
are binding, and the corporation cannot change policies or pricing or
do much of anything without customer okay (customers might function as
a "lower house" and shareholders as a "senate"?) -- or (much more
likely to be workable) monopoly by anyone except government is
outright criminalized, let alone simply no longer affirmatively
enforced sometimes by government, and customers can then always take
their business elsewhere without any barriers or switching costs.
(That may also require outlawing things like termination/cancellation
fees and such, or requiring all companies offering contracts also
offer no-contract service provided on a month to month basis -- pay
for one month, get one month, or pay for N minutes, get N minutes, or
whatever, at a competitive price.)

Competitive markets. That's really all I'm asking for here, and it's
supposed to be a cornerstone of capitalist democracy (the other three
corners being rule of law, representation of the people in a general
assembly whose decisions are binding via rule of law, and due process/
freedom of speech/all those civil liberties and rights needed to
prevent misuse of law by lawmakers and law enforcers).
Again, Windows is not indispensible. Go to comp.os.linux.advocacy if
you don't believe me.

Tell me how to do exactly what I can do with Corel Draw + Windows,
including color management, without using any Microsoft or Corel
software, and I might change my mind. Until then ...
I disagree that I'm defending the state of affairs as it is now.

So you're just attacking my suggested reform then? Why? Because it
won't leave you any loopholes to wriggle a hand through to stick it in
someone's pocket without them being able to tell you to cheerfully
bugger off and get the exact same thing elsewhere for a lower price?
No loopholes by which you can charge a fat percentage above marginal
cost for a good and not have to worry about being undercut by a
competitor? Even if you make less money consider what the consequences
would be. You'd spend far far less than you do now on all sorts of
things. Even assuming your salary was lower, and salaries on average
were lower, because of lack of "IP law", you'd also:
* Pay a buck or so for a paperback book, and two or three for a
hardcover.
* Pay a dime for a CD of music or software. A whole buck for a 10-CD
boxed set of music or very big 10-installation-disc software product.
* Pay a quarter for a DVD with the latest movie. Maybe a whole buck
for an HD-DVD or Blu-ray version, or a boxed set of four DVDs.
* Pay a lot less for some online accesses and information than now.
* In the process, expose yourself to a much reduced risk of misuse of
your CC# or even be able to do without a credit card.
* Your bigger items like cars and appliances and electronics might
have as much as 20% off THEIR prices due to the removal of hidden
patent-associated "taxes" that were formerly unavoidable if you didn't
want to walk everywhere or whatever.
* Patents in agribusiness might lower your food costs by going away.
* A much richer variety of freely-samplable culture becomes available
without paying more, and you can even contribute your own riffs and
takes without fear of a lawsuit now. You can zero out your
entertainment budget just about and partake of a lot of stuff online,
more than you could under your pre-existing budget before, while
saving money.

The only people who will lose more money than they save from such a
change will be the very fatcat executives, lawyers, lobbyists, and
legislators that will fight this change with their dying breaths. It's
time for everyone else to stop fighting and band together against
these robber barons and take back our bought legislature, our
corrupted capitalist markets, and our ruined reputation on the world
stage. Throw the bums out. Every politician that represents
corporations instead of the people -- out in 2008. Everyone who can
get by without -- drop all the IP-encumbered software and other stuff
you can do without. Everyone -- copyleft or public domain everything.

Show them a world without boundaries -- a world without copyright.
When they see it coming to pass anyway they won't be able to claim
"but it's unworkable" anymore because the counterexample will be
staring them in the face. They can dismiss a seemingly niche thing
like current free software and free culture movements. They won't be
able to dismiss it when the majority of stuff is free-as-in-speech
rather than a minority. They won't be able to say "Oh, well a FEW
companies can find a niche with such a WACKO business model, but it
proves nothing" anymore once free culture and free software are
mainstream.

And the old model companies will start going bankrupt by the ones and
twos, and then by the dozens. Gone will be their corrupting campaign
contributions. The legislature will become more representative of the
people anyway, but to speed it up -- throw out all the corporate-
sponsored ones in 2008! Every last one of them...campaign donation
records are public, so this can be done if enough people decide it's
time to take back their legislature from business-interest capture.
The software can be configured in multiple ways. For example, whether
or not you had eye-candy enabled might affect the bug. As a software
developer, you should be aware of this.

If eye-candy setting variations can cause dropped files to go randomly
to different places, then that is in itself a bug. An eye-candy option
should only affect how data looks, not how it behaves semantically.

Anyway are you claiming that there is an eye candy option that makes
dropped files always appear near where the mouse pointer was, and
under which if you drop near the top of a tall list of items in say
Tiles mode, it never, ever, ever, ever puts it all the way at the
bottom (actually scrolling down to display where it went -- somewhere
you therefore can't possibly have clicked anywhere near)?

If so, which option is it?

If not, then withdraw your objection to my earlier point about there
being no reason for the bug to be system-dependent.
I think you don't know what "almost none" means. Windows XP SP2 was
released in 2004. In 1994, people were running Windows 3.1.

Ten years ago as of this writing is 1997, by which time Windows 95 had
existed for a while and had a time to receive at least one service
pack and develop some maturity. At that time Explorer was equally old
(around 2 years old) and this particular bug existed. It remains
unfixed now, a decade later. It's probably something stupid like a
race condition that would take a couple of hours to find and five
minutes to fix. Ten years is a span over forty thousand times that
long. There is absolutely no excuse.

Even "we don't know about the bug!" is no excuse. They'd have known
about it years ago if they'd followed the low-traffic comp.os.ms-
windows.misc newsgroup because I recall complaining about it (and a
lot of other Explorer bugs) there that long ago. They've since had
adequate time to fix it and roll out a Windows Update with the fix,
and have neglected to do so. Indeed, SP2 was released in the
intervening time, and did not fix it.

They ignore bugs. A competitive market would make such behavior highly
unlikely, and short-lived besides.
And then there's the triple-counter of "Forcing all information to be
free is not necessarily harmless". So there. =P

It is does far more good than harm as long as it doesn't extend to
permit (or require!) privacy invasions. Published, mass-marketed stuff
being made free does not entail privacy invasion.
You have a different definition of "deal" than I have, for example.
When I interact with a vending machine, I am not directly interacting with
any human, and yet the terms of the deal are clear: I have to put $1 into
the slot, and I get a drink or candy or whatever it is that the vending
machine is offering. The fact that you require a living sentient being
present is unecessarily restrictive.

Are there any restrictions on what you can do with the can, or is it
just a straight-up sale governed by default sale-regulating law?

If I'm not dealing with a human being representing the manufacturer,
then at most I should be bound by default sale-regulating laws (and
copyright law).

In fact, the manufacturer seems to sell the software to the retailer,
with I don't know what terms governing the sale, other than that it
doesn't seem to involve the retailer placing any conditions on sales
of the software to consumers. Regardless, consumers buy the software
from the retailer, and that deal appears governed by normal sale-
regulating laws only; the retailer doesn't require the customer agree
to any special conditions to purchase the software. It doesn't seem
that they are in breach of any contract with the manufacturer in doing
so, and even if they were that's no skin off the customer's nose.

Now the customer has a lawfully-purchased copy of a copyrighted work,
and all of the rights and privileges as well as obligations in 17 USC
sections 116-118 thus implied, including the restriction on
distributing copies and derivative works without the copyright
holder's permission and the right in 17 USC section 117(a)(1) to
install and use the software, including making whatever copies are
automatically made by such normal use of the software.

That is the state of the customer's rights and responsibilities just
before the EULA appears during installation. If they now "agree" to
it, what do they tend to get?

Nothing, that's what. A big fat nothing. Nothing 17 USC section 117(a)
(1) and other applicable law didn't say they had already.

What do they give up?

Typically a great deal, including the right to reverse engineer and
disassemble (otherwise fair use per applicable case law) among other
things.

This "contract", this "deal", is one where the customer gives
something up in exchange for *a dialog box going away*. It does not
grant them any permission they didn't already have under copyright law
or any other law. It is a troll lurking under the bridge. The only
consideration afforded is, apparently, that it's the only way to
proceed with the installation! Installation that is the user's right
under section 117 already.

It's completely bogus, pure and simple extortion of a certain sort. No
court should uphold such legal gibberish. Unfortunately, at least one
has, in the infamous Blizzard v. BnetD case -- more evidence that the
legislature and justices have been bought and are in so many silk-
lined hip pockets nowadays.
What about signing a document without a witness?

That should be the bare minimum cost to a company of having a
restrictive agreement with a customer that goes beyond what the law
provides via copyright and other applicable laws, either by further
restricting the customer or by removing their affirmative rights under
the law (e.g. to sue in small-claims court rather than go to binding
arbitration, in an all-too-common example).

The signed document should have to be produced as evidence in later
suing the customer over any alleged breach of contract.

And of course, it should only be binding if the customer gets
something that way that they don't get otherwise. So they can do
something (like distribute copies) they otherwise were legally barred
from doing, subject to a relevant restriction (like they have to make
the source code for any modifications they distribute available). Or
they only receive the goods after signing the contract (if they
already have the goods, then they are entitled by law to make whatever
use of those goods is lawful absent such a contract. In the case of
software, this includes installing and running it but not distributing
copies. It also includes disassembling and reverse engineering but not
distributing modified copies. In the case of a can opener, this
includes opening cans with it or using it as a paperweight or whatever
else, but not hitting someone over the head with it, which would be
assault.)
I'm not from the UK.

You keep behaving as if you are. You certainly behave as though you're
not in North America, but are where English is the dominant language.
That seems to mean if it's not the UK it's Australia, where the law is
similar again.
I never claimed otherwise.

Oh goody. Then there's no reason not to ignore what that dialog box
tells you you can or cannot do, where the law says otherwise, save
maybe if it gives you a guilty conscience. (In the case of Windoze and
other software whose makers are already rich beyond the dreams of
avarice, it most certainly does not.)

Well, you don't want the vendor finding out you exercised your full
rights under copyright law despite their wishes, perhaps. They might
decide not to ever sell anything to you again because you didn't abide
by their so-called "deal", though you ought to win any court battle if
you genuinely didn't break the law or any genuine legally-enforceable
contracts. Of course, if you buy from a retailer that buys from the
vendor, the vendor's refusing to sell to you directly ever again may
not be a big problem for you either...
No, I think maybe you're in a certain frame of mind (we might call it
"argumentative"), and your frame of mind forces tones onto the text you
read which are not present.

It's *text*. If you're associating any kind of "tone" with it at all
you're frankly hallucinating and should see a neurologist who will be
far better qualified to help you than I am.
You frequently think I'm disputing a lot of
things which I'm not actually disputing, and you think people are
insulting you, when they're not, and you think people are hacking you,
when they are not, etc.

This doesn't make sense. If I post something and you don't agree with
it, you're disputing even if you claim you're not. If you call me a
name or impugn my honor, intelligence, competence at <foo>,
capabilities, mental health, or any other attribute or ability in
public, then you are insulting me even if you claim you're not. And if
postings of mine selectively disappear/don't propagate in a content-
sensitive manner and spam filtering is highly implausible as an
explanation, then I am (almost certainly) being hacked even if you
claim I'm not.
What do you think my interest is?

Extortion, obviously. Why else oppose copyright abolition than if you
have something you sell at a 4000% mark-up over marginal cost and fear
being undercut by competition?
I did not intend to make any such accusation. Your train of thought
interests me. I hesitate to tell you why, as I suspect you'll interpret
the reason as a form of insult. I'm asking you about your motives out of
sheer curiosity.

Let's see. The OP asked how to expend extra effort in diminishing the
value of his software, and I pointed out that such a desire is
irrational and should be ignored. Then this whole debate erupted in
which people gave bogus justifications for doing such a crazy thing,
and I responded calmly to rebut the various misapprehensions being
publicly posted, for the education of all and to reduce the risk of
someone being misled that came along later and read the thread.
Subsequently I was directly attacked by some people, and calmly
rebutted the various untrie things being said about me as well, for
the same reasons.
[snip one interpretation; the one which favors Twisted's arguments, of
course]

So if it happens to favor my arguments, it's ipso facto bogus? So much
for "impartially evaluating the evidence" then. And you fancy yourself
a debater and perhaps even a scientist? Shame on you.
Perhaps if the configuration or technology used the laptop itself is
that which is valuable.

Not even then, since Alice still has this valuable technology and has
not in any way been deprived of the use of it or of the physical
possession of her laptop.
Or perhaps, the
laptop harddrive contains senstive information, such as govermental
records, and in the process of cloning the laptop, you've also cloned the
contents of the harddrive.

I never objected to laws making truly sensitive information government-
secret. I don't want the enemy to have timely knowledge of my side's
battle plans for instance. I don't want government-collected private
information leaking and enabling identity theft either. So I would
support having laws a) making certain information classified for a
short time, with automatic expiry, during wartime, expiring after a
time limit or if the war is officially ended; this should keep battle
plans secure; b) making the details on how to make WMDs secret, but
construction, preservation of an arsenal of, and use of the WMDs
subject to legislature approval; and c) making private information
(peoples' financial and health records, street address, names where
they choose to be pseudonymous online, email addresses where they
choose not to reveal them, credit card numbers, and the like) subject
to nontransferable "copyright-like" control, each piece of such
information about a particular person by that particular person. So a
company wanting, say, my street address would require my explicit opt-
in permission to tell each specific third party that address before
they are permitted by law to do so, or to publish it (e.g. in the
phone book).
I'd just like you to take note that I am not disputing the idea that a
no-lose situation is not a proper free market, nor that having a non-free
market is bad.

Actually it really depends on that gotcha-word "free" again. A totally
unrestricted market is bad, as you get dangerous products (and people
choosing a product may be accepting a risk, but are their passengers?
Bystanders they run over when the brakes fail? None of whom chose the
product for them?); you get pollution and other diffuse negative
externalities; and you even get monopolies, lots and lots of
monopolies with no trust-busting regulations in place.

The "freest" market in the "unrestricted" sense is not the "freest" in
the "consumer choice" sense due to these monopolies. The "freest" in
the "consumer choice" might still be bad -- should consumers be able
to purchase CFC-emitting inefficient refrigerators at marginal cost,
rather than at minimum getting an added surcharge for environmental
consequences? Competitive markets with some consumer-protection and
environment-protection legislation seem to make more sense if you want
to try to make things better for society.
You're falsely assuming that it takes a competitor the same amount of
effort to make the same product as the original company.

If it takes them less and they sell for less so much the better.
That's called "efficiency". If someone can make something just as high
quality for half the cost they deserve to be rewarded in the
marketplace! That's the whole point of capitalism!
For example, Microsoft makes Windows a certain way. They make some
internal design decisions which ends up with Windows having a certain set
of features, a certain specific behaviour, and so on. For a competitor to
make an competing product of Windows which behaves identically is
extremely difficult, unless they had access to the original internal
design decisions. To make a fully-substitutable product, you'd have to not
only duplicate all the features of Windows, but also duplicate all the
bugs, including the ones that Microsoft themselves don't even know about.

Only to the extent that third-party software actually depends on a
buggy behavior of Windows to work properly, and to that extent, the
buggy behavior is known and documented (at least by the third-party
software's developer).

Also since I'm in favor of tossing out any legal protections of trade
secrets too, suppose they get ahold of Windows source code, and then
start fixing the bugs (that legacy apps don't depend on)?
Yes, I do. When they fab the processors, they don't all come out
equal. For example, one processor from a batch might run fine at 3Ghz,
while another processor from the same batch might only be able to manage
2Ghz. So althought they all come from the same manufacturing process, some
processors will be (correctly) marked as an inferior product, and sold at
a lower price.

That's not a shenanigan, that's normal market forces. They're not
deliberately degrading some of them; instead they simply have
imperfect QA. There's an enormous difference there. The price
differential reflects a difference in marginal cost: suppose one in
two chips can run at the higher speed. Then the cost of the better
chip is substantially higher than the cost of the mediocre one since
to make one "better" chip requires making a two chips on average.
Making a single "better" chip thus has twice the cost of making a
single "can be mediocre" chip. On
the other hand it also produces an average of one "free" mediocre chip
as well as the "better" chip, so it can be
discounted by the mediocre chip's price. The result is that instead of
both chips being priced by the market at the marginal cost of one "can
be mediocre" chip, the mediocre one is priced a bit lower and the
better one is priced a bit higher.

Anyway, a competitive market will make the pricing rational, in
theory. It will certainly not price the chip with the higher marginal
cost lower! (Making a 486SX meant making a 486DX and then doing
additional work on it, so its marginal cost was higher than the
486DX.)
In the specific case of the 486SX, they may have found that in some of
their batches, their FPU components were naturally failing as part of the
manufacturing process, and they figured they could sell that processor at
a lower price.

That would not be a shenanigan, if true. However I'm fairly sure I
read somewhere that they intentionally crippled 486 chips destined to
be 486SX chips to make them 486SX chips and left others alone to be
486DX chips.
Then, as demand picked up for the cheaper processors, they
had to actually disable the FPU component to meet that demand.

If they could sell deliberately damaged 486DXs at the SX price point
to meet the demand and turn a profit, then they could have sold fully-
functional 486DXs at the SX price point to meet the demand and still
turned a profit. A competitive market would have forced them to,
because if they didn't a competitor would.
The same thing happens with clockspeeds in processors. Sometimes,
there's a lot of demand for a lower clockspeed (and cheaper) CPU, but it
just so happens that the manufacturers were "lucky" this time around, and
all of their batches produced very high-rated processors. So to meet the
demand, they have to actually downclock some of their processors and cell
those.

And that is illegitimate. If we could have the higher speed for the
same price why should it be held back from us? A smoothly functioning
competitive market would provide it to us. A smoothly functioning
competitive market passes cheap quality improvements and quality-
preserving savings on to the consumer. When such savings get pocketed
by a guy in a three-piece suit instead, it means that market
competition is failing. It is a classic example of what economists do
technically call "market failure".
It's exactly the same thing which happens when you buy "Extra extra
virgin olive oil" instead of "extra virgin olive oil". By paying a
premium, you increase the likelyhood that you're getting the best from the
batch. If you pay a lower price, you may still get the best from the batch
(e.g. if all items in the batch were equally good), but you run the risk
of getting something slightly worse.

The processor equivalent is to sell chips tested up to some speed for
a low price, and others tested up to a higher speed for a higher
price, but not deliberately cripple any chips. People buying at the
low price point may get errors running at clock rates people buying at
the higher price have no problems at; or they may not. They aren't
forced to use the lower speed though; it's merely a crapshoot whether
they get a higher speed or not.

Anyway if they can sell the best chips at the lowest price point and
still make a profit they have no right to charge more for them; doing
so is a privilege. A competitive market should tend not to grant that
privilege.

A perfectly competitive market should cause poor chips to sell below
marginal cost and good ones above marginal cost by similar, small
amounts. (It depends on the distribution. If one in a thousand is
really good, the mediocre ones will be very cheap and the good ones
quite expensive. If it's one in two the price difference will be
smaller. The average price of a large sample of chips will always be
just above marginal cost.)

If they get more demand for the poorer chips than they have poorer
chips, when making exactly enough chips to satisfy the good chip
demand, then their logical course of action is to change nothing
because of this. Making more chips will result in a) increased
expenses, b) unsold good chips, and c) more poor chips sold at a loss,
lowering profits. Making a smaller increased number of chips and
damaging some (or just not inspecting some) and selling these at the
poor-chip price point will result in a) increased expenses (but not as
much) and b) more chips sold at a loss (just as many), and still they
earn lower profits. Neither choice is rational given the pricing where
the average cost of a large batch of random chips is only slightly
above marginal costs. Neither choice is rational in the presence of
robust competition. So if either choice is observed, either that
company is not being rational (torpedoing one of your pet theories,
Oliver!) or the market is not sufficiently competitive for maximum
efficiency (proving my current point). Looks like you've painted
yourself into a corner, Oliver -- no-win scenario. Either alternative
and you're wrong about something. Sorry; them's the breaks.
So are you. I can deal with it. Can't you?

I'm not; I just think you're delusional or just plain naïve if you
don't believe all of the bad things said about Vista, despite these
coming from multiple independent sources with no vested interest, and
if you do believe all of the good things said about Vista, despite
these coming from a single source with an emphatically vested interest
(Microsoft).
First list what criterias you consider necessary to receive the title
of "expert".

Just name someone! Someone YOU consider an expert.
I subscribe to the C# newsgroup

AHA! He admits it! He IS a Microsoft partisan! That explains every
single bogus argument and seemingly-insane choice he's made, from
favoring copyright law and lack of market competition to favoring
Vista.

So ... how much is Microsoft paying you to endorse their party line in
cljp instead of having independent, honestly formed opinions of your
own? Or do you actually have independent, honestly formed opinions
that just happen to be 100% wrong, wrong, wrong out of some inability
to recognize when you've been logically refuted or when something
(e.g. Windows Pista) is utter shite?

Actually I suspect it's the latter. If it's the former you're probably
about to be fired, because I think you purported to prefer Firefox to
IE, which has got to be a termination offense for Microsofties, and
probably one that merits forfeiting benefits and severance pay too and
just being turfed out onto the street with a bus ticket and a "Nice
knowing you".
I've started to do that, but often times, I suspect your "premises"
are facetious. Things like "Vista objectively sucks", which I suspect no
rational or honest person would actually believe.

You are insane. Vista does objectively suck. By the objective criteria
of "can I do anything with Vista that I can't do with XP?" whose
answer is "no". Oh, right, Halo 3. Big whup. Being able to play that
at the expense of nothing else working is almost as big a dis-
improvement as simply nothing working. And Lew made a post earlier (in
this newsgroup but not in this thread) indicating that he too was
poisoned by the Vista Kool-Aid when he drank it and nothing on his
system works right.

If you STILL claim that it is not objectively confirmed that XP is
superior to Vista, then you need help that I am not qualified to
provide; but I'll give you a referral to whichever specialist you
choose if you look up "psychiatrists" in the Yellow Pages.
The problem here is that you assume I disagree with everything in your
post. I don't. I agree with a lot of it. I only disagree with a narrow
subset of paragraphs, and those are the ones which I sometimes respond to.

You respond to nearly every paragraph I write here so the "narrow
subset" is apparently about 99% of them. Curious definition of
"narrow".
So in other words, if I say I disagree with something, then I disagree
with it. If I don't say whether or not I disagree with something, then you
have no information as to whether or not I disagree with it.

If you argue instead of accepting the point then I assume (rightly)
that you disagree with it.
Note that I'm working under the assumption that you're not open to
alternatives to your beliefs

Muster some evidence and I might accept some alternative. I believe
what the evidence indicates, and it overwhelmingly supports everything
I've argued here. Also expert opinions of e.g. economists regarding
how perfectly competitive markets regulate the pricing of non-scarce
goods.
so I'm not trying to "convince" you that I
am right or anything like that. I am very interested in your beliefs,
however (in fact, I was speaking about the plausibility of a world without
intellectual property with some friends of mine last night over dinner,
and I repeated a couple of your arguments to defend the plausibility), and
I'd like to hear more about it.

In other words you just argue for the sake of arguing, taking a
position contrary to some position someone else espoused, and even
when sometimes this means arguing in favor of IP, sometimes arguing
against IP, etc.???

Well, that does explain a great deal. :p
This is why when you say something which really doesn't make sense to
me, I reply to it, explaining the problems I see. I tend to assume that
most people are logical or rational in most aspects, and so if they say
something irrational or illogical, I can only assume I must have
misunderstood something. I'll state what I see to be a logical
inconsistency, to give the other person (you, in this case) a chance to
clarify what was meant.

Why does it often look like a wilful misunderstanding in these cases,
then?

For example continuing to act as if I haven't sufficiently proven the
case for using XP rather than Vista, when I'm fairly certain I have,
short of citing chapter and verse. Lew's post (search for posts by Lew
on the date on this post's timestamp and it will be one of only two or
three), various entries at the Gripe Log (http://www.gripe2ed.com),
and a lot of stuff easily found by googling "Windows Vista" will
support my hypothesis over yours. It does everything worse than XP
does, has whole new bugs and problems unique to itself, and supports
as of this writing only 1 or 2 pieces of software XP does not. And not
even third-party software; other Microsoft software. (I'm unsure if
MSOffice 2007 requires Vista. If it does, I expect OpenOffice will be
able to read its document formats soon and will still support XP, and
Linux and MacOS and..., so the only real showstopper to sticking with
XP is if you really itch to play the newest Halo game, as contended
earlier.)
So when I do that handwaving "I don't agree" thing, it means I believe
that I fully understand this portion of your belief, but I don't choose to
believe in it.

Well that's just plain silly, if I've given evidence showing that my
belief is the more accurate one.
When I give a rebuttal, it means I suspect I don't
understand your belief, and I wish for you to explain it to me in greater
detail.

So everything is "a matter of opinion" to you? Vista can do very
little XP can't do and nothing that XP can do as well as XP can do it,
and "better" remains in the eye of the beholder? 2+2 is 4 as a matter
of nearly universal opinion but not of objective fact? Copyright law
is bad or good as a matter of opinion and not as a matter of
constitutional law, public policy, and the founding principles of the
nation (including the principle that the law should serve public
benefit ends only, and the principle that competitive markets are good
things)? For that matter, competitive markets being good things
providing more stuff more cheaply and efficiently than all known
alternatives is a matter of opinion and not a proven-by-economists
fact?

Go read Social Text and come back to this software engineering
newsgroup when you've got your head screwed on right. :)

Continue posting this sort of factual-relativity opinions-are-all-that-
truly-are stuff here though and I'll continue to be a thorn in your
side ala Alan Sokal and Social Text. :p
I'll try to explain my thoughts to you more explicitly from now on, to
avoid further misunderstandings.

That might be a good idea. I'm currently trying to ascertain if it's
the first you've ever had, or just the first in this thread. :)
That was not what I perceived the original question to be.

The Yellow Pages can be a very useful thing. One letter before the
section with psychiatrists, you may find a section with ... you
guessed it ... optometrists!
Yes, I know. Maybe I should state explicitly that the claim "Apache is
better than IIS" is not one that I disagree with.

Apparently it's not one you agree with either, or you think it's all
relative, or something wacky like that, though. :p
I disagree that that was my claim (and I'm leaving it at that, because
I don't really care whether you believe me or not).

Reviewing, I think I see where you got confused.

I said MS provably can't compete in a competitive market place --
witness Linux and Apache eating Windows and IIS on the server side.
Your response was to suggest that you disbelieved me, but I now
suspect you misunderstood "can't compete" to mean literally "can't
compete -- not even and come in dead last", rather than "can't hack
it, can't win, can't even place or show, simply can't compete". I just
meant they are unable to do at all well versus genuine competition so
they try to outlaw competing with MS rather than try to improve their
ability to play the game as it was meant to be played against real
live opponents. Which I don't think you even disagree with.

What a mess. And you criticized ME for supposedly "not expressing
myself clearly"?

I'm starting to wonder if you're not as fluent in English as your
vocabulary and grammar would seem to imply. Misunderstanding common
idioms, among other things? Each side finding the other "unclear" sure
suggests a mutual language barrier rather than one side actually being
unclear, too.

So much for Australia. Where the hell are you, and what do they use
for talking there, Newspeak or something? :p (Your name suggests maybe
China. Newspeak indeed, then, if the government there is having its
way.)

You've managed to "fake it" (being a native English speaker) fairly
well, but I think you've just been exposed at last ... :p

Or maybe you are a native English speaker but still haven't seen that
psychiatrist yet...
I'm not recommending the book to you in order to "win" this argument.
I'm recommending it to you because I am too lazy to explain why I disagree
with your claims with respect to corporations. I had suspect that maybe
you were interested in the behaviour corporations, and so I recommended
this book because I thought it might interest you.

Recommendations that include a (no-registerwalls) URL to the full text
of whatever you are recommending carry a lot more weight than "go find
it yourself!" or "you can't so much as read it without paying first"
recommendations. The first are a lot of effort to find, and may not
exist; the second are a blatant attempt to stick a hand in my pocket
given that the marginal cost of letting me read something is zilch.
I have lost the argument, and Twisted has won. Twisted
has defeated me in this thread.

Is that someone raising the white flag I see? Yes, indeed it is!
Vindicated at last...
You should really read the book if you're interested in the detailed
explanation. As I mentioned earlier, I am not particularly interested in
convincing you of my position, and for this particular topic, the
explanation is long and I am lazy. So I'll summarize the explanation as
"The emergent behaviour of many people acting together in a corporation is
not necessarily one that any individual person would agree to or support".
Again, if you want more details, read the book.

Furnish a URL to the full text (no restrictions that would stop me
just clicking and then reading away), and I may well do just that.
Notice that it was not the corporation that was embezzling money from
itself, but a few select directors. The directors were not doing what they
were supposed to be doing (maximizing shareholder profit).

Of course not. But the corporation was doing what the directors told
it to do. So the corporation was not maximizing shareholder profit. It
was not acting as a rational utilitarian. It was insane, due to some
cancerous cells in its brain (those directors that were embezzling)
hogging resources and causing the entire brain to screw up in its job
(deciding how and then causing rational utilitarian behavior on the
part of the host organism).

Insane corporations with brain tumors kind of put a crimp in your "all
corporations are rational utilitarians" hypothesis.
I suspect a more accurate analogy would be a person in good health,
wealth, etc., suddenly gets sick and dies. Their heart was not doing what
it was supposed to be doing.

Brain tumor fits better than heart attack. And brain tumors can cause
irrationality prior to killing. And the irrationality can indirectly
kill.

But even a nominally "healthy" corporation is influenced by human
feelings on the part of its directors. Often including
shortsightedness and a lust for control or power. It's powerlust in
large part that gets someone to such a position after all (combined
with sufficient ability to be deceptive and sleazy and dishonest and
do all that "politics" crap), and once the directors are stacked with
guys with powerlust, the corporation itself begins to exhibit
correlated traits such as control freakishness even at the expense of
revenues (e.g. trying to swat down unauthorized promotional use of
content by which they actually benefit).

Then again there's always the conspiracy theory -- that even if a
particular corporation is damaged by attacking unauthorized stuff that
happens to be beneficial, it helps the wider corporate cause of
achieving total lockdown and lockin and maximizes revenues on a very
long timescale. If so, this is clearly contrary to the interests of
public policy and they seriously need reining in! Not being given an
even longer leash that's easier to slip by the legislature. Unless the
intent is rather to give them enough rope to hang themselves, in which
case the "good guys" are playing a long and very subtle game too, even
to the point of looking like bought-and-paid-for bad-guy-flunkies
sometimes.
In this case, I use "better" to mean "has less inconsistencies with
reality than". I suspect this is equivalent to "makes better predictions
than", but I'm not sure about that.

It depends. You'd really need a quantitative measure. For example a
stopped clock is exactly right twice a day. A normally-working clock
is probably "wrong" 100% of the time. But its deviation averages a few
seconds instead of three hours and it's the more useful in practise.
Which is "more accurate" or makes "better predictions" of a second,
normally-working clock? You need to define that in some way to make it
give a sensible answer (not the stopped clock!).

Whose model evaluation criteria here correspond to the stopped clock?
It's unclear, though I don't think mine do.

[snip]

To recap: I said MS is unable to compete in an open market. You
claimed that ads for IIS prove that they can. I said that they seem to
be unwilling to put any effort into the quality of their product --
only into lawyers and lobbying efforts to try to outlaw competing with
them so they don't have to. (I still contend that they expend effort
on legal matters and marketing vastly more than they do on product QA,
if "QA" is even in their vocabularies.)
Your evidence doesn't support your assertion: "Compete" doesn't mean
"Win". Maybe they [Microsoft] are simply competing and losing.

They can't hack it? Proves my point, partially. (The rest is that
since they can't hack it in a fair market their whole business
strategy is based on destroying the fair marketplace so that their
woeful lack of QA becomes a nonissue.)
Question is based on false premise, and is therefore nonsensical.
You're assuming that IIS is perceived to be shoddy by everyone.

Besides being rude here you then disputed my claim that IIS was shoddy
as an attempt to dispute my claim that MS made no effort on QA when
developing IIS. (Indeed, no real effort to compete on quality or price
in any software market at all since they keep getting killed on the
server side by cheaper, superior competing products!)
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?

I don't think they're not trying to compete. I do think they're not
trying to compete in the marketplace by making a superior product, a
cheaper one, or both; that much is indisputable. Instead they make a
shoddier more expensive one and then try to use marketing to sucker
people into buying it (that's not competing, any more than a con
artist is competing with the genuine owners of the Brooklyn Bridge, or
a quack with the medical profession), and they try to make their
competition illegal. :p
So as you can see, I never said IIS was better than Apache.
You're assuming that IIS is perceived to be shoddy by everyone.

You implied there that you think that IIS is better.

Which is it? While it's technically true that you never SAID that IIS
was better than Apache, you sure as hell implied it and you definitely
disputed when I claimed that IIS was "shoddy"! Technically true or
not, I think that remark you just made is rather deceptive. You argued
against my claim that Apache was superior to IIS at least in that one
sentence from an earlier post, and now essentially claim that you
never did.

So which is it?
You're assuming that IIS is perceived to be shoddy by everyone. <implies
it's not actually shoddy, in the context of comparing Apache and IIS>
So as you can see, I never said IIS was better than Apache.

Pick one and stick with it please.
Very low magnitute, because when you have billions of dollars, you can
negotiate or bribe your way to a very comfy prison cell.

Another problem that needs fixing. Corporations that break their
covenants with individual customers/users or remorselessly steal,
break environmental laws, or similarly should see their directors do
serious jail time in a real frigging prison. Even if the directors
disavow all knowledge and the only suggestion otherwise is that their
hydro use at the main office building and every regional HQ spiked all
at once and an unusually large volume of garbage, mostly shredded
paper, was removed next garbage day from each location. The directors
being on the hook for the company's misconduct to that degree would
give them quite an incentive to a) never authorize anything of the
sort, even if they plan to destroy the evidence later, and b) keep a
close eye on the misdeeds of rank and file employees. The only get out
of jail card, free or expensive, should be to make it right. In some
cases like air pollution it's sorry -- you're going to jail. Spills
MIGHT be cleaned up and the area restored in exchange for just being
fined and court ordered to flip burgers for a living afterward.
Systematically screwing customers? Restitution is to pay them
everything you owe them and maybe some extra, in actual money NOT
store credit or any of that BS, and quit and go flip burgers...

Harsh? Making them responsible legally for things that might, once in
a while, actually not have been their fault? Ah but it is their
RESPONSIBILITY. Normally I'm against any risk of punishing the truly
innocent in law, but for rich d00ds I can make an exception. The risk
is after all an avoidable one, even if at the cost of not being able
to write your own paycheques and having to live like the rest of
humanity. With their great power, privileges, and perks there really
should come great responsibility and not a little risk. It would
certainly keep the excessively risk-averse AND the criminally-minded
out of such posts, which is probably for the better both ways.

Note that a company discovering an error or bad behavior of rank-and-
file employees and spontaneously making things right would result in
no punishment of the directorship. Only being caught at it because of
complaints to State AGs and federal prosecutors with no evidence of
any attempt to make things right by the customers affected or clean up
whatever mess, and with evidence of widespread and rampant misbehavior
affecting numerous customers or otherwise with large effects, and of
systematically bad behavior, and especially aggravated by evidence
that something was covered up (abnormally large amounts of recent
shredding, say).
I'm not. Go for it. All the more power to you. I support your cause at
the general abstract level, although I disagree with some details within
it.

Such as? And why does it seem you're attacking every bit of it if it's
only "some details"?
It is a very strongly educated guess. We have all of the following
evidence:

[snip evidence because I understand your points, I disagree with them, and
I am not interested in explaining my disagreements. So again, you win this
argument.]

That's a cop-out and you bloody know it. You either disagree with the
evidence, or you don't disagree with my points. Choose one. Either
rebut the evidence or really honestly concede the point by stopping
disagreeing with it. :p
I'll just mention to you that I've worked in offshore support, and
most Americans I spoke to never even realized I was offshore. Notice how
you had automatically assumed I was American, and later British, in this
thread.

You seem to fake being a competent English speaker better than most
who attempt it (and most dubious English speakers don't even TRY to
fake being non-dubious English speakers.)

Misunderstanding common metaphors and the subtle indications of a
nonetheless-insurmountable language barrier make it clear though. You
don't seem to quite mean the same things as I do when saying the same
things or reading the same things, and the result is endless
disagreements and even disagreement over whether we're disagreeing!
Some offshore support places are very effective in hiding the fact
that they are offshore.

If they still employ a bunch of know-nothings with no advice for the
user they haven't already tried (from the manual's instructions,
natch) a dozen times without success, then they're still BAD support,
whether "obviously" offshore or not, or even actually ONshore. Cheap
support, wherever located and however fluent in English the "support"
personnel, is going to be shoddy and turn off customers no matter
what. The guy can speak perfect English and even do better than you by
actually understanding and correctly interpreting everything I say,
and making sense back, and if all he can suggest is reboot the fucking
computer, and even that only after six hours on hold, then that's
still one more ex-customer for those fuckers. Where they located the
call centre won't have made a difference.

So let's change the concern from "outsourced support" to "cheap, lip-
service support wherever located". :p Support that makes it plain that
their primary objective is to get the complaining customer off the
phone rather than resolve the cause of their dissatisfaction. Support
that simply hasn't a clue. Whatever.
And what claims would that be? I don't believe I've ever cited any of
the pro-IIS claims that the ad produced, because in actual fact, I don't
recall what they were.

You still advocated IIS over Apache, namely when you disputed my claim
that IIS was shoddy. The ad influenced you even if you don't remember
what it said. That kind of insidious effect belies any claims of
"immunity", and suggests you have a dangerously false sense of
security. Ad-blocking would be wise in light of these observations,
lest you eventually get ripped off.
What I do remember is this largish man crying of
joy (presumably because of all the pleasures IIS brought him?). It was an
amusing sight.

He was probably crying in anguish after his server got hacked for the
umpteenth time. If he wasn't ... well all I can say is "sorry, not my
kink."
Notice that what I disputed was the claim that Apache is perceived by
everyone to be better than IIS (or more accurately, the IIS is perceived
to be shoddy by everyone).

IIS is perceived by Microsoft to be better -- better to Microsoft's
bottom line that is. Apache is the one widely endorsed by independent
web masters. Apache is the ONLY one of the two that independent
webmasters EVER proudly claim their site to be powered by on its every
page. By every sensible measure, Apache is superior to IIS.
It can do all the dynamic stuff IIS can do too, modulo replacement of
equally-shoddy ASP by equally-superior (and on-topic!) JSP.
The only defense of IIS I stated was that there exist some people who
like it.

Yes -- Microsoft employees. So? Oh wait a minute. Now you're going to
try to claim you never intended to claim that IIS wasn't shoddy in the
first place? Sorry, no do-overs, you claimed that, it got proven
false, them's the breaks.
Maybe I should state explicitly that I personally prefer Apache over
IIS. I hope this will eliminate any false assumptions you may have made
about my position regarding these two servers.

I never made any assumptions, only reasonable inferences from what you
said. When you attacked me for saying IIS was shoddy, that marked you
as an IIS fan. Now you claim that you prefer Apache. I can only
conclude that you were misleading then, are outright lying now, or
love IIS but love Apache more? I don't know which is worse. Being lied
to isn't nice but finding out that that guy on usenet you've been
battling has that kind of web server kink is outright vomit-inducing.
Speaking of which, I think I'll go find the nearest toilet now...

BTW after endorsing both Firefox and Apache you are DEFINITELY fired
if you were in fact hired my M$ to promote Vista here. :p
You said that IIS was perceived universally as being worse, and I
disagreed.

No, I said that it was simply worse. I never said anything about
"perceived". I said "was". A bunch of delusionals "perceiving" IIS to
be the greatest thing since sliced bread, plus a round dozen Microsoft
employees loving what it does to their pocketbooks, doesn't change the
fact that it's simply a shoddier web server than Apache.

I said it was shoddy and you jumped at that, implying you disagreed.

You can't rewrite history. Sorry. As I said above, no do-overs.
Yes, and I've heard your claims. Notice that the more times you make
those claims doesn't necessarily make it more and more true each time.

No, they remain just as true as they were before I said them even
once. It's just that with repetition there's a slim chance that even a
xylocephalic postmodern relativist like you might "get it" eventually.

Perhaps I should just give up on that seemingly-forlorn hope though...
Even then, only if there were evidence to believe that the bursting
into flames was caused by Vista. If, for example, you had a video of kids
installing Vista onto a computer, and then detonating a firecracker within
it, this would not cause me to like Vista less.

Now *there's* an idea. Well, a video of kids loading Vista onto a
computer and then giggling as it burst into flames and stuff shot out
of the holes in the side, with the firecracker not being shown being
put in there beforehand. Especially if it's detailed enough to show
some smoke coming out as the install progressed, and then the fire
afterward. This is a great idea for a viral YouTube video, and anti-MS
propaganda! Yes! Thank you!
No Videos found for 'vista porno for pyros'

Your Google-fu is not strong.

(And what's with posting semi-HTML? Yuck...this last post of yours was
especially bad.)
This is why I find it amusing when people who have never tried Vista
criticize it. The search feature doesn't do what the button on XP does.
The Vista one is much more useful: You type in a substring of a name of a
program, and the contents of the start menu will update with a list of
programs and documents containing that substring. So for example, you can
type "not" to see "notepad.exe" and "Death Note Episode 28.avi" and so on.

So much for using your start menu to put permanent links to frequently
used stuff then, if they'll get overwritten the first time you do a
search. I much prefer searches being their own separate explorer
windows -> more than one at a time and results being "pseudo-folders" -
more than one at a time, and you can launch stuff from it, and ...

Also, your example is ludicrous. I'd never perform a systemwide search
for all files with "not" in the name to try to get to Notepad faster,
not on a machine with about 1,000,000 unique files filling ~160GB of
disk space. It would take far longer than clicking Start ->
Accessories -> Notepad.

If this is the sort of thing Vista users have to do to find Notepad
because the alternative is even slower, then it's no wonder Vista is
so widely criticized!
There's many small improvements like that sprinkled all over Vista
which makes me long for it whenever I'm stuck on an XP machine, and have
to actually search through the start menu to find the shortcut to the
notepad program, for example.

You consider performing a search to be faster? On what, a craptop with
300MB (yes MB) of disk space and all of 1345 files or a PDA or
something? I know if I clicked Start -> Search and typed "not" in "All
or part of the file name" I'd be waiting for ten minutes or so before
I got notepad.exe, buried in probably a metric shitload of irrelevant
clutter (I'd use "notepad.exe" as the search query in actuality). I
find it difficult to believe that Vista is any faster, unless you
cheated and scoped the search to C:\Documents and Settings\All Users
\Start Menu on Vista but not on XP or something like that.

Is Vista's search genuinely faster, given a fair comparison (searches
scoped equally, same approximate size of scope in file count and
megabytage; equally powerful hardware)? Surely not?
I didn't see tons of cogent argument. I think I saw 2 cogent arguments
after 3 chapters.

Are you still talking? ... Aren't you going to be late for your
appointment with that optometrist?
What was the point of bringing up basketball, if they were not
suggesting such a chain of reasoning, then?

It was probably part of an example of some kind. Examples often
contain details irrelevant to the larger point being made. It doesn't
make them any less valid.
BTW, congratulations on winning the argument. Can you give me a P.O.
box to which I may mail you a prize?

This thread ending without any further ado is prize enough; that and
your capitulation on record for posterity here @ Google Groups.

HAND.
 
N

nebulous99

Having just read the first chapter, I can only point out the problems. It
quotes from the Economist, saying that "A patent is the way of rewarding
somebody for coming up with a worthy commercial idea," and then proceeds
to attack that statement. Naturally, what comes next from the same
article and is ignored by your reference is quite different from that
idea.

So?

That doesn't invalidate the claims made in Against Monopoly.
Your reference continually refers to absurd patents. Had they fully cited
the article (it says "this comes from an article in the June 23, 2001
copy of The Economist, page 42"), they would have debunked their
argument. The title is, "Patently Absurd?"

So?

That doesn't invalidate the claims made in Against Monopoly.

They're describing one of the more egregious symptoms. But what about
those steam engine patents? The patent system functioning more or less
as designed, allowing an inventor exclusivity after they invented
something worthwhole. Allowing an inventor to levy a 17-year tax on
the steam engine and crush the competition, despite retarding
innovation in the field. The inventor has to have his reward even if
the cost is delaying the next innovation... Thus you see that patents
actually make things worse even when working as designed!
The Economist's article points out that the flaw is not in the idea of
patents, but in the fact that the U.S. Supreme Court ruled that
"everything under the sun made by man is patentable."

Against Monopoly doesn't just attack that. Even the most conservative
non-abolitionist economists would defend Watt's steam engine patent as
not absurd, and even Watt's steam engine patent was proven harmful.

Patents are unsafe at any dose, even if some are more toxic to
innovation and competition than others.
In fact, in
reviewing your reference, the authors use many of the same arguments but
ignore the glaring fact United States patent law is horribly broken.

They are indeed often ignoring the glaring fact that United States
patent law even exists -- because they use lots of patent examples
from lots of countries, and show some tendency to focus more on Europe
than North America.

That doesn't invalidate the claims made in Against Monopoly. Indeed it
shows them to be more generally applicable than just to the USA.
Furthermore, your reference compares the Trevithick and the Watt steam
engines. What it neglects to mention was that Richard Trevithick was a
wealthy aristocrat living comfortably off of land rents whereas James
Watt was lower middle class (maybe even working class?) who needed the
money to survive. I suppose the world would have no need for patents and
copyright if money were not a problem.

No, Against Monopoly correctly ignores what's not relevant, and the
pre-existing wealth of any of these people is irrelevant. The purpose
of patent law is not to make someone rich. It is to "promote the
progress of science and the useful arts". Against Monopoly has
demonstrated that patent law -- in pretty much all places and all
times where there has been such a thing -- in fact retards the
progress of science and the useful arts. If it happens to make some
poor person rich once in a while while doing so, it is still not fit
for the purpose for which it was designed and marketed. That means you
should take it back and ask for a refund where I come from.
In short, your entire argument against patents and intellectual property
are based on flimsy supports. US patent law is egregious and counter-
productive; you'd be hard-pressed to find anyone who disagrees with that
statement. Little mention is made of foreign patent models.

You obviously didn't read much of it if you believe that.
One thing is clear: the stronger patents are made, the greater the
incentive to avoid them. And avoidance leads to anti-competitive
practices. The alternative-secrecy coupled with first-mover advantage-may
impede the informal flow of information as well as the formal trading of
know-how between firms. That, also, is hardly a recipe for promoting
innovation. On the other hand, cross-licensing appears to stimulate R&D-
and, by inference, the pace of innovation.

It neglects to mention that secrecy coupled with first mover advantage
was long considered perfectly adequate (tens of thousands of years)
and that you could pass laws requiring freer flow of information (you
can start by removing trade secret protections) if you wanted to,
instead of more and more restrictive laws.

It also neglects to mention that cross-licensing shuts out the little
guy or upstart and creates a nice cozy cartel that can now price-fix
to its heart's content, and so now has little incentive to innovate or
do any R&D whatsoever! But obviously it doesn't care -- no rag named
The Economist is going to give a shit about the little guy I expect.
Most likely if it isn't Fortune 500 it isn't even on their fucking
radar, unless "it" launches a cheeky class-action suit against a Wall
Street darling perhaps.
According to Joshua Lerner, an economist at Harvard Business School, "one
of the big lessons that comes out of the economic literature on patents
is that 'one size fits all' doesn't make sense."

Did they consider the size "zero" when they decided that? I'm betting
they didn't. Zero is taboo. Unthinkable. Literally would simply never
have occurred to them. Transgressing the boundaries, you could say.
 
J

Joshua Cranmer

That doesn't invalidate the claims made in Against Monopoly.

Per se, it does not. However, by neglecting context of statements, their
credibility is damaged. Furthermore, as mentioned later in my post, the
reference to the article was rather obfuscated. The date given was
incorrect (I can sort of forgive that), the title was never mentioned,
the page number is incorrect and even the source is incorrect. The
article was part of the Technology Quarterly, a quarterly survey produced
by the same company inlined in The Economist. Why go through such trouble
to hide a source if it supports your claims?
Against Monopoly doesn't just attack that. Even the most conservative
non-abolitionist economists would defend Watt's steam engine patent as
not absurd, and even Watt's steam engine patent was proven harmful.

The patent was not harmful. What was harmful was Watt's decision to
improperly execute it. I will give a fuller rebuttal later where it is
more appropriate.
No, Against Monopoly correctly ignores what's not relevant, and the
pre-existing wealth of any of these people is irrelevant. The purpose of
patent law is not to make someone rich. It is to "promote the progress
of science and the useful arts". Against Monopoly has demonstrated that
patent law -- in pretty much all places and all times where there has
been such a thing -- in fact retards the progress of science and the
useful arts. If it happens to make some poor person rich once in a while
while doing so, it is still not fit for the purpose for which it was
designed and marketed. That means you should take it back and ask for a
refund where I come from.

NO! Wealth is relevant. The entire point of patents is to ensure that
useful inventions /will have a positive ROI/. You seem to fail to
comprehend the importance of money in society. Innovating is very
expensive. How much does it cost to develop a new chemical process?
Assuming you know the exact conditions, you need regents. Organic
chemistry often involves hazardous materials (e.g., perchloric acid) as
regents or catalysts: platinum is sometimes needed, and that is the most
expensive metal traded on commodity markets. NMR machines for identifying
compounds are very expensive and require expensive maintenance (i.e.,
constant bathing in liquid nitrogen). Pressures and temperatures easily
hit extremes (200 atm or 4000 K). All of that requires money, and lots of
it.

In a world without patents, there is no incentive to innovate. Why
innovate when your competitor can spend the money necessary to innovate
and then you can steal the resulting product?
You obviously didn't read much of it if you believe that.

It neglects to mention that secrecy coupled with first mover advantage
was long considered perfectly adequate (tens of thousands of years) and
that you could pass laws requiring freer flow of information (you can
start by removing trade secret protections) if you wanted to, instead of
more and more restrictive laws.

Today cannot be compared with what was true a thousand years or even a
hundred years ago.
It also neglects to mention that cross-licensing shuts out the little
guy or upstart and creates a nice cozy cartel that can now price-fix to
its heart's content, and so now has little incentive to innovate or do
any R&D whatsoever! But obviously it doesn't care -- no rag named The
Economist is going to give a shit about the little guy I expect. Most
likely if it isn't Fortune 500 it isn't even on their fucking radar,
unless "it" launches a cheeky class-action suit against a Wall Street
darling perhaps.

Your ignorance astounds me ever more. If you've ever bothered to read any
article, most of the time, the Fortune 500 companies aren't even
mentioned (I assume you actually mean the Fortune Global 500. The
Economist is actually a British publication)! Half of it is just talking
about news, and the other half focuses on economic issues.

In the forefront of the latest Business section, the first company
mentioned is Shinning Century, located in Maseru, Lesotho. In fact the
entire article is, for the most part, talking about what's going in with
textile mills in Lesotho. The next article talks about some corporate
scandals. Asides from the infamous ones, the referents are Hollinger
International and KPMG. Third article is the first one with a mention --
Alcoa. Numbers four and five lack more; number six is talking about
television on cell phones, so a few telecoms are briefly mentioned.

The finance section lacks any mention of companies whatsoever, and the
Science and Technology section talks a lot about WabiSabiLabi, a new
Swiss start up. The only other article in this section that mentions a
company talks about two more startups, VoicePay and VoiceVault.

As a final question, I want to know whether or not you are earning your
own living. Your persistence in the ignorance of the factor of money and
repeated references to misstated economics lends me to believe that you
are a student of some sort as opposed to a professional.
 
T

Twisted

Why go through such trouble
to hide a source if it supports your claims?

Are you calling me a liar?!
The patent was not harmful. What was harmful was Watt's decision to
improperly execute it. I will give a fuller rebuttal later where it is
more appropriate.

The patent was harmful. The problem is not that a specific patent got
misused. It is that patents get misused, easily and with the full
support of and assistance by the law. The patent system permitted and
indeed incentivized Watt's misuse of his patent. I don't honestly see
a way to properly fix it short of repealing patent law; requiring
compulsory licensing of patents with a single universal fixed price
for licensing any patent set by Congress is ALMOST good enough,
however. However, giving exclusive, noncompulsorily-licensed rights to
Watt or anyone else that lets them name their price or just say "no"
altogether automatically enables abuse, and incentivizes some forms of
abuse that will generally make the patent holder rich or at least let
them rest on their laurels doing no more innovating for years while
progress is retarded industrywide.
NO! Wealth is relevant. The entire point of patents is to ensure that
useful inventions /will have a positive ROI/.

NO! Preexisting wealth of Watt or that other guy or whoever else is
NOT relevant! The ROI is the same, $5, if I go from being poor with $1
to having $6 and if I go from being rich with $1,000,000 to having
$1,000,005.

Furthermore, useful inventions will have a positive ROI anyway.
Selling instances, consulting using your proven expertise in the
associated areas of knowledge and engineering skill, and so forth will
all turn you profits if done right once you invent something. If the
initial investment is $X and the annual revenue you get doing such
things afterward is $X/n or more you will pay down the initial
development costs and break even within the next n years and the
invention will have brought in a net profit starting by sometime in
year n+1. That net profit constitutes positive ROI.

If on the other hand the invention is useless, trivial, obvious, or
any of the other things that are or should be grounds for rejecting
patents, then they won't have any ROI at all without patents, and only
via troll tactics with an overly broad claim with patents. The latter
is clearly considered by the vast majority to be misuse of patents
that society should not support. If it is also the only case where
patents can salvage a positive ROI that was otherwise not possible,
then we should simply abolish patents completely and have done with
it.

Any remaining cases of negative ROI are likely the result of having a
good idea but botching the execution, marketing, or whatever. Those
are risks of business and companies should not be mollycoddled by
being protected from such risks purely because they happen to be
trying to market something new instead of something pre-existing. The
first mover advantage ought to be enough for anybody; and making
squandering that advantage by making mistakes punishable by the
competition getting a leg up on you seems to be time-honored
capitalist tradition rather than an outrage that should be prevented
by force of law.

And all of this is ignoring the egregious "feature" of patents whereby
a completely independent recreation, ignorant of the existing patent,
may nonetheless be judged to infringe! This prevents a competitor from
clean-room reverse-engineering or other methods applicable to
copyrighted stuff like software. Competitors should be permitted to
release, unlicensed, their own version if they independently
reengineer it rather than just copy it from the blueprints, at bare
minimum! Proving that they knew of and wilfully infringed the patent
is of course simple -- see if they (or a shell or something) did a
patent search and saw the patent they allegedly infringed at all.
Innovating is very expensive.

And Watt's patent helped this how? It certainly didn't provide him up-
front money to develop the steam engine, because he had to develop it
first. So Watt had enough money to develop it out-of-pocket to begin
with. Having done so, simply selling the engines at a profit would
eventually bring his bank account back up to the balance it'd had
before he spent money on the R&D, and continuing to do so thereafter
would then result in having a net profit out of his newfangled
engines. I don't see what patents did except give him brute control to
crush competitors and enable him to charge a ridiculous profit margin
instead of a reasonable one. It didn't enable him to pay down the
initial investment; it merely enabled him to do it faster.

And for every invention patents might arguably cause to appear sooner
than it otherwise would have, it causes tens of innovations based off
it to be delayed and initially very expensive. This is robbing Peter
to pay Paul, and with Peter losing ten times what Paul gains to boot!
platinum is sometimes needed, and that is the most expensive metal traded
on commodity markets.

And an R&D lab need only ever get a fixed sized amount of platinum,
because its main use is as a catalyst rather than a reactant of any
sort. As such it is not consumed by doing however much R&D you want
using it over as long a time as you want. A small R&D firm might buy
land, a lab building built on it, some equipment, and some platinum
and never buy more of any of those again no matter how many new
chemicals it invents there. In practise, some stuff eventually needs
fixing or replacing for one reason or another but it will generally
all last years or even decades; the land should last indefinitely. And
so should the platinum.
NMR machines for identifying
compounds are very expensive and require expensive maintenance (i.e.,
constant bathing in liquid nitrogen).

The machine is another one-time purchase, and liquid nitrogen is only
needed for some time before each use and during use.
In a world without patents, there is no incentive to innovate.

This is simply false.
Why innovate when your competitor can spend the money necessary to innovate
and then you can steal the resulting product?

Why? Let's see...
First mover advantage
You have the expertise and the ideas in the heads of your employees;
your competitor even with your blueprints will take years to perfect
it themselves, unless they have employees that can read minds from
vast distances
You have better experts than anyone else
You have a direct use for the thing yourself, such as a process
innovation that will increase your efficiency and undercut the
competition. Selling the gadget that makes it possible can be an added
revenue stream, or you can keep it secret for as long as possible and
rely on undercutting the competition without operating at a loss and
leaving them wondering "how?"
You think it will make the world a better place and are a wealthy
philanthropist
It doesn't need to be expensive in anything but time to innovate (a
lot of stuff, including software; the development hardware being a one-
time cost and no liquid nitrogen coolant needed, and the development
tool software being open source since there's plenty of top-notch such
tools out there, and at worst also a one-time cost, barring Roedy
having his way and software changing to a rental model, which will
drastically raise long-term costs for users, and disproportionately
penalize heavy users...) and you want it yourself so you do it in your
spare time (most open source software fits this model)
You have a government grant to offset R&D costs (as is common with
health, defense, and other research in the US) making R&D effectively
cheap for you

Lots of reasons. All of them work without patents and so can work
without others' freedoms and property rights being trammeled.

* R&D costs that need only be paid once, such as for long-lasting
equipment, facilities, and land, no matter how many products you
develop with them, can be completely ignored safely.
* Per-product R&D costs will eventually be paid for out of the
product's profits, if the product is good; if it's not, too bad so sad
them's the breaks. It's called capitalism; you're entitled to try, but
not to succeed. Or you *would* be entitled to try without IP law to
get in the way, at least.
* Per-product R&D costs may in some cases be better off shifted to the
government, via more/better/less-strings-attached funding for
important public-benefit areas like health and defense; government
running and paying for clinical trials of in-vitro-promising drugs
would be a start, and would simultaneously solve the problems of
private companies with ulterior motives doctoring the books after such
trials or deliberately using subtly-questionable methodology to get
the answer they want (it's safe and effective!) regardless of what's
actually true (it may be dubious in its efficacy and have quite-common
dangerous side effects like liver toxicity!); government-run trials
might mean a lot fewer Vioxxes.
* OK, where does the government get the extra money? Well, raising the
income taxes on the highest brackets would be in the public interest.
Just dropping some forms of corporate welfare and tax breaks for the
rich and for corporations, other than tax breaks for valuable things
like polluting less and the like. Dropping copyrights and patents into
the circular file by itself improves government's books: a) the
enforcement-related costs of those laws disappear; b) the costs of
running the USPTO and copyright office disappear, leaving just the
archival functions running; and c) the vastly more efficient economy
that results and saves lots of people lots of money in hidden "patent
taxes" on stuff and copyright royalties and so forth while also
encouraging a renaissance in genuine competition is soon creating
enormous amounts of additional wealth relative to if the bad laws
hadn't been abolished, and of course that additional wealth translates
into additional revenue collected by the IRS...
Today cannot be compared with what was true a thousand years or even a
hundred years ago.

Evidence?

Everyone has a tendency to feel that they live during a unique or
somehow momentous time. After all, it's the only time they know by
direct experience.

But it's generally not true. It's ... improbable. Copernican
principle.

Today is exactly like a hundred or a thousand years ago in all of the
relevant ways. Innovation in some areas is more expensive but real
wealth available to entrepreneurs is also exponentially higher than in
those earlier times. Making a steam engine would have been impossible
for Cro-Magnon man and an Apollo-scale project for the Aztec empire,
but it was something a moderately well off engineering corporation
equivalent could have done in Roman times had there been such, and
that ONE MAN could do more or less out of his own pocket in James
Watt's time.

Apollo itself failed by being ahead of its time; commercial
spaceflight appears now to be just around the corner, and random
people inventing new technologies in the area lies maybe 50 years
ahead. Anything that is not innovated now because it is "too
expensive" still gets innovated in ten years, or twenty, when it
becomes more necessary or cheaper or both and some threshold gets
crossed. Patent abolition may somewhat delay some innovations, but in
the process it will free innovators from serious legal risks and lower
costs and prices all over the bloody place, including some of those
R&D costs, and many other innovations will happen as soon or even
sooner. For example, with no patents in Watt's time, maybe Watt
doesn't invent the steam engine so fast or someone else invents it
instead. It takes another 7 years to happen, but the really efficient
engines are ubiquitous and cheap in another 2, rather than having to
wait until a date a decade and a half further on(!) and being more
expensive to boot.

Was a free steam engine worth waiting another seven years for,
especially with really efficient ones available sooner and cheaper
than they were in our timeline? I'd say so.

And anything that is urgently needed enough but expensive can be
funded the same way Apollo was. Government can always step in where
private business is too shy and public need sufficiently pressing, and
use a large grant to accelerate research in the relevant field. In
fact, it's a much nicer way to have the public fund R&D than the
regressive method of imposing a hidden tax on a) every user of a
gadget, the same however rich or poor the user is, and b) follow-on
innovators(!!!) ... and it's proven time and time again that IT WORKS
besides. Whereas patents more or less DON'T WORK. They are not fit for
purpose. Let's throw them out. Let's go to the legislature and tell
them we want a full refund for this defective piece of legislation
while they take it out back and shoot it.
Your ignorance astounds me ever more. If you've ever bothered to read any
article

How the hell can I? It's behind a paywall and I don't have a credit
card, numbnutz.

Besides, I don't see how anything there can possibly counter the
paragraph of mine quoted immediately above. Patents plus cross-
licensing is nothing more or less than an end-run around antitrust
law, and one that actually is fucking legal and fucking works, and as
such it should be shot down in flames, burned, acid-doused, wrapped in
a Glad bag, tossed into a yellow bin with a big black HAZARDOUS WASTE
label, and buried in a lead-lined vault sixty feet beneath a desert
mountain someplace.

[accuses me of misunderstanding economics]

Oh no, I understand economics very well. Well enough to see through
all sorts of BS, including all of yours so far, and I expect even the
cleverest BS you are capable of producing is still utterly transparent
to me...
 
O

Oliver Wong

Factually true. Can you get a perfectly Windows-compatible OS from any
source other than Microsoft legally? Not here or in most countries.
The closest you can come that isn't from the "company store" is Linux
+ X + Wine, which is a fairly poor substitute with all kinds of
compatibility issues.

Here's an alternative: Don't use Windows, nor a "perfect
Windows-compatible OS". Use a different OS. Like Linux, or MacOSX.
And you no doubt sometimes run into IE-only sites. Again no perfect
substitute.

Once, 2 years ago. And it was for a site I wasn't really all that
interested in visiting anyway (something like 7up.com)
For some things (including access to Windoze Update) again
you must go to the Microsoft "company store". On the other hand, IE is
not a substitute for Firefox either, especially if you value your
computer's security from spyware and other intrusions!

You are actually furnishing examples that SUPPORT my point -- that
right now there is no alternative, if you don't want to break
compatibility, to buying from the "company store" lots of the time.

I guess you don't consider Firefox to be an alternative to IE, then.
No, because the bias is still there. You play a) free games, and b)
commercial games that went through extra filtering steps in 1) the
company deciding whether to release or abandon (companies will more
quickly abandon something that looks likely to be a money-loser than
freebie-making hobbyists a project that looks likely to simply be a
loser) and

EXACTLY! This is why there is value to having commercial games. There
is a minimum quality barrier that most game companies adhere to when
making games which actually cost money. This is why I believe the vast
majority of the time, commercial games will be better than free games, and
why forcing all games to be free is a bad thing.

[...]
If there's anything you're paying for with commercial games that
boosts quality, it's simply extra filtering that could as easily come
by way of organic community review processes that, on a crowdsourced
model (ala user book ratings on amazon.com) with no central reviewers
(and especially if fully p2p-architected to avoid central servers
too), could easily have a price tag of zero.

Well, noticed that the "crowdsource" tends to go crazy over commercial
games (look how many fan sites are drooling over Halo 3, Assassin's Creed,
the next Final Fantasy, the next Metal Gear Solid, etc.)

What was the last free game that the crowdsource went crazy for?
Counterstrike, in 1999? And what was the one before that? Nothing?

"Filtering" is not the only thing which makes commercial games better
than free games. If it were, there should be a free game around with the
same quality as the greatest commercial games. Where are they?
Even if this were true it wouldn't mean much. It means getting rid of
copyright and patent increases the number of crap games out there. So
what?

If there were no more games of the same quality as commercial games,
and all games were of the quality of free games, then the world would suck
very much, my friend.
You can still avoid the crap games, and at worst a crap game
will cost you a bit of time and bandwidth finding out it's crap, but
never serious money. Sounds like an improvement to me.

You forgot about the part of Quake 3 never getting made (I chose Quake
3, since you seem to be a fan of that game). Counterstrike would never
have gotten made, because HalfLife would not have gotten made.
Also if a few
people actually like one of the "crap" games that would have landed on
the commercial side of the fence before, and then been filtered out at
some point before they ever got to see them, they get games they like
that would otherwise have never been available to anyone!

Such a low probability that it's not worth considering.
I think it's just filtering.

Well, I think you're wrong, otherwise we should see, in addition to
all the crappy free games, some free games which rival the quality of
commercial games. But we don't.
There are free levels for Quake 3: Arena
that rival in quality the ones that came with the game. Nay, some are
actually superior in visuals and other respects, because experienced
players made them, and they were made with higher polygon budgets due
to Moore's Law having increased gamers' processing beef since the
initial game release, and they were made with wholly new techniques
(e.g. fancy terrain blending) enabled by community development of
upgraded game-editing tools and new assets (textures etc.).
This wouldn't have happened if "making something for free means
there's zero talent" as you so forcefully keep asserting.

Level design is not sufficient to make a good game. You need art
asset, music, voice acting, script writing, story design, 3D modelling,
engine programming, and so on.

As you've shown with your examples, "free" can get you some additional
levels for an existing commercial game... But you need the commercial game
in the first place.
There are high quality free games of all kinds -- entire games, not
just addon levels for commercial games -- so you can't claim that
somehow magically the money-costing talent of the commercial game
"leaked into" the community-made levels and get away with that
"explanation".

Can you name some of them? And I want you to use the same metric for
"high quality" as you do for commercial games. So when you mention
"Nethack" or "Sokoban" or "Frozen Penguin" or "Bejeweled", etc., while
they may be "high quality" compared to other free games, they suck
compared to commercial games.

Community-made levels that use little of the commercial
game save its engine are bad enough for your argument. Community-made
entire games, engine included, blow it out of the water. So do source
ports like Tenebrae that pretty much reimplement a commercial game
from scratch. Tenebrae + custom Quake 1 level (e.g. any one of Iikka's
blue themed levels) with all-custom assets = barely anything
originated by the commercial source remains save the QuakeC telling
the game monsters how to move and determining what damage their
weapons do.

Oh, great. A fan made clone of Quake 1 which was *BASED ON THE QUAKE 1
SOURCE CODE*. Hooray for free games. I'm sure Quake 1 would be a great
commercial success by today's standards, right? I mean, if they released
Quake 1 today, it could seriously compete for gamer's attention, pulling
them away from their XBox360 and PS3 games, right?

Oh wait... No, it can't. Because our expectations as gamers have moved
on since 1996, when Quake 1 was first released, over ten years ago.
And there's a wholly-original community-made popular RTS
game with Linux ports.

Really? Popular, you say? Is it as popular as Warcraft 3? Does it have
the visuals of Supreme Commander? Or is this another free game which is
decidedly less impressive than its commercial counterparts?
There's the fact that Tenebrae pulls off most
of the same new visual features Doom 3 does, and was developed wholly
independently of Doom 3, based on an older Quake engine (1 vs. 3), and
does as well, and is free.

Tenebrae looks as good as Doom 3, you say?

http://images.google.ca/images?q=tenebrae
http://www.tenebrae2.com/tb2_screenshots.html

http://images.google.ca/images?q=doom 3
http://www.the-nextlevel.com/reviews/pc/doom-3/
http://happypenguin.org/show?Doom 3
http://forums.biorust.com/3d-modelling/3374-doom-3-skin-shading.html

Hmm...

I think you need to get your eyesight checked.
Argue all you want. There is plenty of talented work product available
for the low, low price of $0.00, and there always has been and always
will be. Them's the bald facts.

I don't disagree with that. I'm saying that people are drawn to money,
and that companies prefer to higher people who are more talented as
opposed to people who are less talented.

Therefore as a natural process, commercial games get more talent
poured into them than free games.

I'm not saying there's zero talent in free games. I'm saying if you're
really talented, you'll probably be able to get a job using those talents.
And given that most people prefer to do something and get paid for it,
rather than do the same exact thing for free, those talented people will
tend to get jobs. From companies. Who make games. Which cost money.

[...]
The strawman misrepresentation is that I never claimed people can't
"get through life" without Windows -- lots of people do it all the
time.

I guess you have a different definition of "indispensible" than I do,
then.
I claimed that there is no 100% compatible substitute for
Windows.

I don't dispute that there is no 100% compatible substitue for
Windows. I DO dispute that Windows is indispensible.
I said Windows is not optional if you want to do certain things, that
logically should be possible without paying Microsoft because those
things are not themselves run by Microsoft. Your response was to
mischaracterize my argument as being that "But you can't live without
Windows!", which is classic strawman fallacy.

Like I said, I think you have a different definition of
"indispensible" than I do.
Try doing high-end CAD stuff with Linux or FreeBSD.
http://en.wikipedia.org/wiki/Category:Free_computer-aided_design_software

Or just about
anything requiring color management and matching when printed out. Or
playing certain (non-Microsoft) games.

Why should Microsoft have to be paid for me to do these things? I see
no public-benefit rationale in society enforcing such a thing by law.

I'm not aware of a law that forces you to pay Microsoft to play
certain non-Microsoft games. On the other hand, you may need to pay
Microsoft in order to acquire a valid license for Windows. If the game
*requires* Windows, that was a decision that the game makers made, and is
not really Microsoft's fault. If you can figure out a way to play the game
without using Windows (perhaps, e.g., because it was a game written in
Java, or perhaps via emulation software), then you won't need to pay
Microsoft at all. This shows that there is no such law.
Hell, I should be able to do whatever I like without depending on any
specific vendor.

I think there exist certain things you should not be allowed to do.
I should be able to have local and long distance
service by a choice of providers, separately. I should be able to use
any of several operating systems, including various unixes (got them,
Linux, FreeBSD...) and windowses (so far there's only Microsoft
there). I should be able to use any application level software I like
on any of these. And I should be able to get any given application
software from a choice of vendors providing perfectly interchangeable
versions.
[...]

This is where I would normally say "So what?" because I'm not really
interested in how you think the world should be. This would normally be a
starting point where we start talking past each other, with me talking
about how the world is. But now that I'm more aware about this kind of
miscommunication, I'm avoiding it, and notifying you of the potential
pitfall here too.
Tell me how to do exactly what I can do with Corel Draw + Windows,
including color management, without using any Microsoft or Corel
software, and I might change my mind. Until then ...

Well, first of all, you're not using the same definition of
"indispensible" as I am. Second of all, if you want to find out how, I
already told you what to do: Go to comp.os.linux.advocacy. If you don't
want to find out how (perhaps because finding out how would threaten your
current belief system), then it doesn't matter what I tell you.
So you're just attacking my suggested reform then? Why?

The term "attacking" has too strong of a negative connotation. I am
pointing out whaT I perceive to be logical inconsistencies in your
reasoning so that you may better explain them to me. I've said this in my
previous post already.
Because it
won't leave you any loopholes to wriggle a hand through to stick it in
someone's pocket without them being able to tell you to cheerfully
bugger off and get the exact same thing elsewhere for a lower price?

Nope.
No loopholes by which you can charge a fat percentage above marginal
cost for a good and not have to worry about being undercut by a
competitor?

Nope.
Even if you make less money consider what the consequences
would be. You'd spend far far less than you do now on all sorts of
things.

Yes, I know, and these are arguments I've cited to other people as
well towards the benefit of your reform. This is why I'm am generally
supportive of your reform. It's just the details that I disagree with.
The only people who will lose more money than they save from such a
change will be the very fatcat executives, lawyers, lobbyists, and
legislators that will fight this change with their dying breaths.

This is a big claim, and one I would not repeat without more evidence
backing it up.
Show them a world without boundaries -- a world without copyright.

Stylistic criticism here: you're sounding like a hippy, and I think
that makes your argument less persuasive to the mainstream. I'm telling
you this so that you can make your arguments more persuasive, and not as
an attempt to counter your arguments.
When they see it coming to pass anyway they won't be able to claim
"but it's unworkable" anymore because the counterexample will be
staring them in the face. They can dismiss a seemingly niche thing
like current free software and free culture movements. They won't be
able to dismiss it when the majority of stuff is free-as-in-speech
rather than a minority. They won't be able to say "Oh, well a FEW
companies can find a niche with such a WACKO business model, but it
proves nothing" anymore once free culture and free software are
mainstream.

Nice. So what have you released into the public domain so far?

[...]
If eye-candy setting variations can cause dropped files to go randomly
to different places, then that is in itself a bug. An eye-candy option
should only affect how data looks, not how it behaves semantically.

I argue that the pixel-position of filenames on the screen is "how the
data looks" and not "how it behaves semantically".
Anyway are you claiming that there is an eye candy option that makes
dropped files always appear near where the mouse pointer was, and
under which if you drop near the top of a tall list of items in say
Tiles mode, it never, ever, ever, ever puts it all the way at the
bottom (actually scrolling down to display where it went -- somewhere
you therefore can't possibly have clicked anywhere near)?

I avoid making "never, ever, ever" claims. I claim that 100% of the
time (which is like 5 or 6 times) in which I did it, the bug did not
manifest itself.
If so, which option is it?

Under the performance settings, I've got everything unchecked except
for "Show translucent selection rectangle", "Show Window content while
dragging", "Smooth edges of screen font" and "Use common tasks in
folders".
Ten years ago as of this writing is 1997, by which time Windows 95 had
existed for a while and had a time to receive at least one service
pack and develop some maturity. At that time Explorer was equally old
(around 2 years old) and this particular bug existed. It remains
unfixed now, a decade later. It's probably something stupid like a
race condition that would take a couple of hours to find and five
minutes to fix. Ten years is a span over forty thousand times that
long. There is absolutely no excuse.

So you agree that several bugs have been fixed in the time span of 10
years?

[...]
It is does far more good than harm as long as it doesn't extend to
permit (or require!) privacy invasions.

Yeah, that's the claim. Some people (myself included) are skeptical.
Are there any restrictions on what you can do with the can, or is it
just a straight-up sale governed by default sale-regulating law?

Well, it depends on the vending machine, I suppose. It's conceivable
that there may exist a vending machine out there which will display an
EULA that you must agree to before accepting your beverage. If no such
EULA is present, then I assume that I can do whatever I want with the can,
taking into consideration any other laws that may apply (for example,
using the can to smash someone's window is probably illegal). If there
*IS* an EULA, then I will decide whether or not I agree with its term
before buying the drink. If I do, then I'll buy it. If I don't, then I'll
buy a drink somewhere else.

[more "should vs is" stuff that I have no comment on]
That should be the bare minimum cost to a company of having a
restrictive agreement with a customer that goes beyond what the law
provides via copyright and other applicable laws, either by further
restricting the customer or by removing their affirmative rights under
the law (e.g. to sue in small-claims court rather than go to binding
arbitration, in an all-too-common example).

I must be stupid, because I don't understand your answer. Can you
explain it in more simple terms? As I mentioned, I often sign documents
with no witnesses present, citing my income tax return as one example. Do
you think these zero-witness documents have no meaning at all? Or do you
think that it may be possible to be bounded by the conditions of a
document you signed and agreed to, even if there were not witnesses seeing
you sign it?

[...]
You keep behaving as if you are. You certainly behave as though you're
not in North America, but are where English is the dominant language.
That seems to mean if it's not the UK it's Australia, where the law is
similar again.

I'm not from Australia either.

[...]
It's *text*. If you're associating any kind of "tone" with it at all
you're frankly hallucinating and should see a neurologist who will be
far better qualified to help you than I am.

http://www.google.ca/search?q=define:+tone
<quote>
The writer's attitude toward his readers and his subject; his mood or
moral view. A writer can be formal, informal, playful, ironic, and
especially, optimistic or pessimistic.
This doesn't make sense. If I post something and you don't agree with
it, you're disputing even if you claim you're not.

Just because I reply to something doesn't mean I disagree with it.
If you call me a
name or impugn my honor, intelligence, competence at <foo>,
capabilities, mental health, or any other attribute or ability in
public, then you are insulting me even if you claim you're not.

http://www.google.ca/search?q=define:+insult
<quote>
abuse: a rude expression intended to offend or hurt;
[...]
a deliberately offensive act or something producing the effect of
deliberate disrespect
</quote>

To insult someone is a deliberate action. I am not deliberately
offending or hurting you. I am stating what I believe to be objective
facts, or if they are merely my opinions, I explictily state so.

You may be insulted by such statements, but that does not necessarily
mean that I am insulting you.
And if
postings of mine selectively disappear/don't propagate in a content-
sensitive manner and spam filtering is highly implausible as an
explanation, then I am (almost certainly) being hacked even if you
claim I'm not.

I disagree, but am too lazy to explain to you my reasons for believing
otherwise.
Extortion, obviously. Why else oppose copyright abolition than if you
have something you sell at a 4000% mark-up over marginal cost and fear
being undercut by competition?

Perhaps because I believe without copyright, computer games would be a
lot crappier on average? At any rate, it's not a black and white issue.
Just because I oppose copyright abolition doesn't mean that I think we
should have lots and lots of copyright. Maybe I think we should have less
copyright than we have now, but we should have more than zero copyright.

[...]
[snip one interpretation; the one which favors Twisted's arguments, of
course]

So if it happens to favor my arguments, it's ipso facto bogus?

I never claimed that. This is one of the things I'm talking about when
I say you infer tones or insults or whatever which are not there.
Not even then, since Alice still has this valuable technology and has
not in any way been deprived of the use of it or of the physical
possession of her laptop.

The value of the technology is not in having it, but in being the only
person to have it.
I never objected to laws making truly sensitive information government-
secret. I don't want the enemy to have timely knowledge of my side's
battle plans for instance.

Okay, so we agree that not ALL information should be free. Good.
I don't want government-collected private
information leaking and enabling identity theft either. So I would
support having laws a) making certain information classified for a
short time, with automatic expiry, during wartime, expiring after a
time limit or if the war is officially ended; this should keep battle
plans secure; b) making the details on how to make WMDs secret, but
construction, preservation of an arsenal of, and use of the WMDs
subject to legislature approval; and c) making private information
(peoples' financial and health records, street address, names where
they choose to be pseudonymous online, email addresses where they
choose not to reveal them, credit card numbers, and the like) subject
to nontransferable "copyright-like" control, each piece of such
information about a particular person by that particular person. So a
company wanting, say, my street address would require my explicit opt-
in permission to tell each specific third party that address before
they are permitted by law to do so, or to publish it (e.g. in the
phone book).

Okay, so you agree that something which is "copyright-like" may be
desirable in some situations. Good. We're in agreement then.
If it takes them less and they sell for less so much the better.
That's called "efficiency". If someone can make something just as high
quality for half the cost they deserve to be rewarded in the
marketplace! That's the whole point of capitalism!

I'm talking about the situation in which it takes them more. Read the
next paragraph:
Only to the extent that third-party software actually depends on a
buggy behavior of Windows to work properly, and to that extent, the
buggy behavior is known and documented (at least by the third-party
software's developer).

Not by Microsoft, not by anyone else, and sometimes not even by the
third party developer. Sometimes you play around with a poorly documented
API until it just works, and then you swear never to touch this piece of
code again. It happens in the real world of programming.

Anyway, you didn't address my point at all. Like I said, you're
assuming it takes a competitor equal or less effort to make 100%
substitutable product. In the case of Windows, it would likely take a much
greater amount of effort.
That's not a shenanigan, that's normal market forces. They're not
deliberately degrading some of them; instead they simply have
imperfect QA. There's an enormous difference there. The price
differential reflects a difference in marginal cost: suppose one in
two chips can run at the higher speed. Then the cost of the better
chip is substantially higher than the cost of the mediocre one since
to make one "better" chip requires making a two chips on average.
Making a single "better" chip thus has twice the cost of making a
single "can be mediocre" chip. On
the other hand it also produces an average of one "free" mediocre chip
as well as the "better" chip, so it can be
discounted by the mediocre chip's price. The result is that instead of
both chips being priced by the market at the marginal cost of one "can
be mediocre" chip, the mediocre one is priced a bit lower and the
better one is priced a bit higher.

Anyway, a competitive market will make the pricing rational, in
theory. It will certainly not price the chip with the higher marginal
cost lower! (Making a 486SX meant making a 486DX and then doing
additional work on it, so its marginal cost was higher than the
486DX.)

Making a 486SX means making a 486DX without the additional step of
ensuring that the FPU works. As in your example, making a 486DX might
require four attempts on average (requiring the main CPU to work and the
FPU to work), whereas making a 486SX might require only two attempts on
average (requiring the main CPU to work, and not caring whether or not the
FPU works).
That would not be a shenanigan, if true. However I'm fairly sure I
read somewhere that they intentionally crippled 486 chips destined to
be 486SX chips to make them 486SX chips and left others alone to be
486DX chips.

Well, if Intel were as smart as me (and I suspect that they at least
as smart as I am), they would test the FPU, and if it had a faulty FPU,
they would market it as a 486SX. If it was a fully functioning FPU, they
could either sell it as a 486DX or a 486SX, depending on market demands.
This leads to greater profits than simply immediately breaking all FPUs
for the SX series, and then hoping for the best for the DX series, and
merely throwing away the DXes that don't work.
If they could sell deliberately damaged 486DXs at the SX price point
to meet the demand and turn a profit, then they could have sold fully-
functional 486DXs at the SX price point to meet the demand and still
turned a profit. A competitive market would have forced them to,
because if they didn't a competitor would.

Assuming a competitor could produce a 486 chip, yes. We're more or
less in agreement.
And that is illegitimate. If we could have the higher speed for the
same price why should it be held back from us?

You can. It's called overclocking.
The processor equivalent is to sell chips tested up to some speed for
a low price, and others tested up to a higher speed for a higher
price, but not deliberately cripple any chips.

You are crippling the "extra extra virgin olive oil" by mixing it with
merely "extra virgin oil". Basically, when you buy "extra virgin oil", you
may have some "extra extra virgin oil" in there, or you may not.

Similarly, when you buy a lower-rated CPU (e.g. 2GHZ), it *may* be
capable of being clocked up to 3GHz, or it may not.

By paying a premium for the 3GHz, you're paying for the fact that
Intel asserts that yes, these CPUs are tested to function at 3GHz. If you
merely buy the 2GHz CPU, you may actually have a chip which will run fine
at 3GHz, but Intel themselves are not making any promises about it.
People buying at the
low price point may get errors running at clock rates people buying at
the higher price have no problems at; or they may not. They aren't
forced to use the lower speed though; it's merely a crapshoot whether
they get a higher speed or not.

That is EXACTLY the situation as it is now.
Anyway if they can sell the best chips at the lowest price point and
still make a profit they have no right to charge more for them; doing
so is a privilege. A competitive market should tend not to grant that
privilege.

Intel cannot sell ALL their chips at the lowest price point. They need
to sell some chips at a high price point, and others at a low price point.
Here's some fictional numbers to help illustate the point.

Let's say you can make 100 CPUs in a given batch, and it costs $20'000
to make a batch. In theory, if they all came out equally, you could sell
the CPUs for $200 each to just break even. So you make such a batch, and
it turns out that 50 of those CPUs can only run at 2Ghz, and 50 of them
can run at 3Ghz. You sell the 3Ghz ones at $300 each, making $15;000. So
far, you've loss $5000. So you sell the 2Ghz CPUs at $100 each, making
another $5'000. When you add these two together, you get $20'000, thus
just breaking even.

A naive person might see this and say "Hey, if you can afford to sell
your 2GHz chips at $100 each, and the 2GHz chips are just 3GHz chips that
have been downclocked, why don't you sell ALL your chips at $100?"

If they did that, they would no longer be making a profit, and instead
be taking on a loss.
Just name someone! Someone YOU consider an expert.

Okay. A friend of mine named Patrick Wong (no relation).
AHA! He admits it!

Oops. You caught me. I guess I *double*-lose this arugment.
He IS a Microsoft partisan! That explains every
single bogus argument and seemingly-insane choice he's made, from
favoring copyright law and lack of market competition to favoring
Vista.

So ... how much is Microsoft paying you to endorse their party line in
cljp instead of having independent, honestly formed opinions of your
own? Or do you actually have independent, honestly formed opinions
that just happen to be 100% wrong, wrong, wrong out of some inability
to recognize when you've been logically refuted or when something
(e.g. Windows Pista) is utter shite?

The latter. ;)

[...]
You are insane. Vista does objectively suck. By the objective criteria
of "can I do anything with Vista that I can't do with XP?" whose
answer is "no". Oh, right, Halo 3. Big whup.

Right, so you've given a counter example to refute your own argument.
If you STILL claim that it is not objectively confirmed that XP is
superior to Vista, then you need help that I am not qualified to
provide; but I'll give you a referral to whichever specialist you
choose if you look up "psychiatrists" in the Yellow Pages.

I don't understand what it is you are offering me. You're saying if I
choose a psychiatrist, you'll give me a referral to that particular
psychiatrist which I myself chose?
You respond to nearly every paragraph I write here so the "narrow
subset" is apparently about 99% of them. Curious definition of
"narrow".

No, I snip liberally. Maybe you don't realize how long your posts are.
If you argue instead of accepting the point then I assume (rightly)
that you disagree with it.

You say "the point", as if there was only one. If you mention 4 points
in a sentence, I may disagree with one of them, without disagreeing with
the other 3.
Muster some evidence and I might accept some alternative.

You say this as if you believe I want you to accept alternatives. I
don't. I really don't care what you choose to believe in.
In other words you just argue for the sake of arguing, taking a
position contrary to some position someone else espoused, and even
when sometimes this means arguing in favor of IP, sometimes arguing
against IP, etc.???

The problem is you seem to assume IP is all or nothing. I believe that
some IP is good, but the world as it is now has too much IP. So when you
say "Let's abolish IP", I disagree that this is a good idea, because that
would be too little IP. When people say "We need more IP", I'll disagree
with them, because I think we already have too much IP.
Why does it often look like a wilful misunderstanding in these cases,
then?

For example continuing to act as if I haven't sufficiently proven the
case for using XP rather than Vista, when I'm fairly certain I have,
short of citing chapter and verse. Lew's post (search for posts by Lew
on the date on this post's timestamp and it will be one of only two or
three), various entries at the Gripe Log (http://www.gripe2ed.com),
and a lot of stuff easily found by googling "Windows Vista" will
support my hypothesis over yours.

Having lots of people say "Vista sucks" is not evidence that Vista
objectively sucks; only evidence that it subjectively sucks. The fact that
I like Vista is proof enough for me that Vista does not objectively suck.
I realize that it may not be proof enough for you, but again, I'm not
concerned with proving this to you.

[...]
Well that's just plain silly, if I've given evidence showing that my
belief is the more accurate one.

I am aware of your evidence, and I am aware of my evidence, and I feel
my evidence is stronger.
So everything is "a matter of opinion" to you?

Not everything.
Vista can do very
little XP can't do and nothing that XP can do as well as XP can do it,
and "better" remains in the eye of the beholder?

I agree with some portions of that sentence, and disagree with others.
2+2 is 4 as a matter
of nearly universal opinion but not of objective fact?

There exists numbering systems where 2+2 is not 4 (consider trinary
integers or the ring of integers modulus 3, for example). Whether or not
2+2=4 depends on the axioms you take to form the basis of your numbering
system. The most popular numbering system happens to have chosen axioms
such that 2+2=4, but it is not the only possible numbering system.
Copyright law
is bad or good as a matter of opinion and not as a matter of
constitutional law, public policy, and the founding principles of the
nation (including the principle that the law should serve public
benefit ends only, and the principle that competitive markets are good
things)?

Good and bad themselves are a matter of opinion, so yes. You are
assuming, for example, that "public benefit" itself is good. That's one
axiom you might adopt for your belief system (and incidentally, as a
utilitarian, I too believe that public benefit is good), but there exists
systems of belief in which public benefit is not necessarily good.
Solipsism, for example, believes that there is no "public" at all, so it
that public benefit is neither good nor bad.
For that matter, competitive markets being good things
providing more stuff more cheaply and efficiently than all known
alternatives is a matter of opinion and not a proven-by-economists
fact?

That they are "good things" is opinion. That they provide more stuff
than all known alternatives may be fact (I don't know what all the known
alternatives are, so I can't say whether or not it's true or not).
Reviewing, I think I see where you got confused.

I said MS provably can't compete in a competitive market place --
witness Linux and Apache eating Windows and IIS on the server side.
Your response was to suggest that you disbelieved me, but I now
suspect you misunderstood "can't compete" to mean literally "can't
compete -- not even and come in dead last",

Yes, I tend to assume you mean what you wrote.
rather than "can't hack
it, can't win, can't even place or show, simply can't compete". I just
meant they are unable to do at all well versus genuine competition so
they try to outlaw competing with MS rather than try to improve their
ability to play the game as it was meant to be played against real
live opponents. Which I don't think you even disagree with.

Right.
What a mess. And you criticized ME for supposedly "not expressing
myself clearly"?

Yes. If you mean something, please write down what you mean. If you
write something other than what you mean, you may not be expressing
yourself very clearly.
I'm starting to wonder if you're not as fluent in English as your
vocabulary and grammar would seem to imply. Misunderstanding common
idioms, among other things? Each side finding the other "unclear" sure
suggests a mutual language barrier rather than one side actually being
unclear, too.

So much for Australia. Where the hell are you, and what do they use
for talking there, Newspeak or something?

I'm from Canada, and the language here is generally referred to as
"Canadian English", or sometimes simply "English" if context makes it
clear that Canadian English is what is being referred to, or if the
distinction between Canadian English and other Englishes (e.g. British,
American, etc.) is not important.
You've managed to "fake it" (being a native English speaker) fairly
well, but I think you've just been exposed at last ... :p

A lot of people learn to fake it. Recall how I said that offshore
support may be more successful than you think?
Recommendations that include a (no-registerwalls) URL to the full text
of whatever you are recommending carry a lot more weight than "go find
it yourself!" or "you can't so much as read it without paying first"
recommendations.

I don't know how you measure the weight of recommendations. This is
not a competition. I'm recommending this to you not because I am trying to
win, but because I thought you would be genuinely interested. If you don't
want to read it, then don't read it. Again, I don't care.
Is that someone raising the white flag I see? Yes, indeed it is!
Vindicated at last...

I'm happy that you're happy.
Insane corporations with brain tumors kind of put a crimp in your "all
corporations are rational utilitarians" hypothesis.

That was not my hypothesis. My claim was that "corporations as a
rational utilitarian is a better model than an emotional anthropomorph".
I'm not sure why you have so much difficulty understanding this.

[...]
To recap: I said MS is unable to compete in an open market. You
claimed that ads for IIS prove that they can. I said that they seem to
be unwilling to put any effort into the quality of their product --
only into lawyers and lobbying efforts to try to outlaw competing with
them so they don't have to. (I still contend that they expend effort
on legal matters and marketing vastly more than they do on product QA,
if "QA" is even in their vocabularies.)

I agree.

[...]
You implied there that you think that IIS is better.

No, I didn't. You may have inferred that, but I didn't imply it. I
personally think Apache is better than IIS, but I am aware of the
existence of people who think IIS is better than Apache. Therefore, IIS is
not perceived to be shoddy by everyone.
Which is it? While it's technically true that you never SAID that IIS
was better than Apache, you sure as hell implied it and you definitely
disputed when I claimed that IIS was "shoddy"! Technically true or
not, I think that remark you just made is rather deceptive. You argued
against my claim that Apache was superior to IIS at least in that one
sentence from an earlier post, and now essentially claim that you
never did.

So which is it?

When you say "A is B", you mean "Objectively, A is B. This is a
fact.". If you say "I think A is B", then you mean "Whether A is B is
subjective, and I happen to believe A is indeed B".

Rather than saying "I think IIS is better than Apache", you said "IIS
is better than Apache". So I am disagreeing with your claim that IIS is
better than Apache, but I am not disputing that you may think that IIS is
better than Apache, or even that most people think IIS is better than
Apache.

Is it clear now?

[...]
Such as? And why does it seem you're attacking every bit of it if it's
only "some details"?

That zero IP is a good idea.
It is a very strongly educated guess. We have all of the following
evidence:

[snip evidence because I understand your points, I disagree with them,
and
I am not interested in explaining my disagreements. So again, you win
this
argument.]

That's a cop-out and you bloody know it. You either disagree with the
evidence, or you don't disagree with my points. Choose one. Either
rebut the evidence or really honestly concede the point by stopping
disagreeing with it. :p

I disagree with it, but you win the argument. What's so difficult to
understand, here?

[...]
No, they remain just as true as they were before I said them even
once. It's just that with repetition there's a slim chance that even a
xylocephalic postmodern relativist like you might "get it" eventually.

Perhaps I should just give up on that seemingly-forlorn hope though...

Yes, I think that will be less painful for both of us.
Now *there's* an idea. Well, a video of kids loading Vista onto a
computer and then giggling as it burst into flames and stuff shot out
of the holes in the side, with the firecracker not being shown being
put in there beforehand. Especially if it's detailed enough to show
some smoke coming out as the install progressed, and then the fire
afterward. This is a great idea for a viral YouTube video, and anti-MS
propaganda! Yes! Thank you!

Your welcome. Feel free to use this idea, BTW, I'm releasing it into
the public domain.
Your Google-fu is not strong.

Please show me the query I should have used.
(And what's with posting semi-HTML? Yuck...this last post of yours was
especially bad.)

It's not HTML; it's pseudo-XML, in order to give the text the
structure that is typically required in technical discussions and
difficult to otherwise convey using plain text.
You consider performing a search to be faster?

I'm not saying searches are always faster than whatever the
alternatives are in all situations. I'm saying in this particular example,
I prefer Vista to XP.
On what, a craptop with
300MB (yes MB) of disk space and all of 1345 files or a PDA or
something? I know if I clicked Start -> Search and typed "not" in "All
or part of the file name" I'd be waiting for ten minutes or so before
I got notepad.exe, buried in probably a metric shitload of irrelevant
clutter (I'd use "notepad.exe" as the search query in actuality). I
find it difficult to believe that Vista is any faster, unless you
cheated and scoped the search to C:\Documents and Settings\All Users
\Start Menu on Vista but not on XP or something like that.

I know you find it difficult to believe. You've never actually tried
Vista, and you've been influenced by all the negative things you've read
about it. Maybe one day, someone will develop a Firefox extension that
will allow you to form independent opinions?
Is Vista's search genuinely faster, given a fair comparison (searches
scoped equally, same approximate size of scope in file count and
megabytage; equally powerful hardware)? Surely not?

Try it and see.
It was probably part of an example of some kind. Examples often
contain details irrelevant to the larger point being made. It doesn't
make them any less valid.

It wasn't part of an example. It WAS the example. That was the entire
thing.
This thread ending without any further ado is prize enough; that and
your capitulation on record for posterity here @ Google Groups.

I thought you said if I replied to your thread, you'd give me a P.O.
box to which I can mail you stuff. Was that a lie?

- Oliver
 
O

Oliver Wong

Twisted said:
Evidence?

Everyone has a tendency to feel that they live during a unique or
somehow momentous time. After all, it's the only time they know by
direct experience.

But it's generally not true. It's ... improbable. Copernican
principle.

Today is exactly like a hundred or a thousand years ago in all of the
relevant ways. Innovation in some areas is more expensive but real
wealth available to entrepreneurs is also exponentially higher than in
those earlier times. Making a steam engine would have been impossible
for Cro-Magnon man and an Apollo-scale project for the Aztec empire,
but it was something a moderately well off engineering corporation
equivalent could have done in Roman times had there been such, and
that ONE MAN could do more or less out of his own pocket in James
Watt's time.

I think one thing which makes now unique in comparison to hundred or
thousands of years ago is the existence of a market for software. When you
pay for software, you're basically paying for a number somewhere between a
million and a billion digit long (It just so happens that someone
discovered that this particular number, when expressed in binary, and
placed on a computer running Windows XP SP2, behaves like a word
processor).

I'm pretty sure none of the lawmakers or policy makers 100 or 1000
years ago had considered the possibility of there being a multi-billion
dollar market for trading large numbers like that when they formed
whatever laws and policies they had formed at the time.

- Oliver
 
J

Joshua Cranmer

I would like to start my rebuttal with this note:
Having had several hours to cool down, I have realized that to continue
this argument would be an exercise in futility. Both you and I differ in
the basic assumptions underlying our opinions. No amount of discussion
will ever allow us to reconcile these assumptions. However, in the
interest of not sounding like I'm giving up because I have nothing to
say, I will rebut your points. You may reply to my rebuttal in whatever
manner you want; I guarantee that I will not reply to it at all.

Are you calling me a liar?!

No. I am neither calling you nor your source a liar. Instead, I am
pointing out that it damaged its credibility in doing so.
The patent was harmful. The problem is not that a specific patent got
misused. It is that patents get misused, easily and with the full
support of and assistance by the law. The patent system permitted and
indeed incentivized Watt's misuse of his patent. I don't honestly see a
way to properly fix it short of repealing patent law; requiring
compulsory licensing of patents with a single universal fixed price for
licensing any patent set by Congress is ALMOST good enough, however.
However, giving exclusive, noncompulsorily-licensed rights to Watt or
anyone else that lets them name their price or just say "no" altogether
automatically enables abuse, and incentivizes some forms of abuse that
will generally make the patent holder rich or at least let them rest on
their laurels doing no more innovating for years while progress is
retarded industrywide.

So automatically monopolizing a market and enforcing that monopoly is
abusive? Here's an example where that actually paid off very well: PNG
and GIF. Unisys decided in the 1990s that it was suddenly going to
enforce its patent on the LZW compression algorithm, the basis of the
popular GIF format. In response, the W3C convened and churned at PNG as a
full recommendation in under 1 year -- an impressive feat, given that
it's taken 7 years to get CSS2.1 to candidate recommendation and it will
take at least another year to get to full recommendation; HTML 5 is
expected to take another 15 years.
NO! Preexisting wealth of Watt or that other guy or whoever else is NOT
relevant! The ROI is the same, $5, if I go from being poor with $1 to
having $6 and if I go from being rich with $1,000,000 to having
$1,000,005.

Given your assumptions, that is probably true. But I disagree with that,
and I furthermore recognize that it is an exercise in futility to try to
get you to see what I'm seeing.
[ More stuff there's no point in rebutting for similar reasons]
Proving that they knew of and wilfully infringed the patent is of course
simple -- see if they (or a shell or something) did a patent search and
saw the patent they allegedly infringed at all.

Not true. You and I would probably use different words to describe the
same thing; given that there are millions of patents to check for
potential infringement, searching is very difficult and expensive.
[Once again, our base assumptions differ.]
platinum is sometimes needed, and that is the most expensive metal
traded on commodity markets.

And an R&D lab need only ever get a fixed sized amount of platinum,
because its main use is as a catalyst rather than a reactant of any
sort. As such it is not consumed by doing however much R&D you want
using it over as long a time as you want. A small R&D firm might buy
land, a lab building built on it, some equipment, and some platinum and
never buy more of any of those again no matter how many new chemicals it
invents there. In practise, some stuff eventually needs fixing or
replacing for one reason or another but it will generally all last years
or even decades; the land should last indefinitely. And so should the
platinum.

You've taken chemistry, right? Then you should know that very few
chemical reactions go out to full completion, including the intermediary
ones reacting with catalysts. Catalysts, like any other component, wear
out over time; it is a recurring cost albeit not as recurring as the
reactants.
The machine is another one-time purchase, and liquid nitrogen is only
needed for some time before each use and during use.

Ummm... not true. The liquid nitrogen is needed /constantly/. The machine
sort of brickifies if you don't do so...
Why? Let's see...
First mover advantage

In an ideal market, that doesn't exist.
You have the expertise and the ideas in the heads of your employees;
your competitor even with your blueprints will take years to perfect it
themselves, unless they have employees that can read minds from vast
distances

But you don't have R&D employees, remember?
You have better experts than anyone else
Ditto.

You have a direct use for the
thing yourself, such as a process innovation that will increase your
efficiency and undercut the competition. Selling the gadget that makes
it possible can be an added revenue stream, or you can keep it secret
for as long as possible and rely on undercutting the competition without
operating at a loss and leaving them wondering "how?"
Ditto.

You think it will make the world a better place and are a wealthy
philanthropist

Wealthy philanthropists tend to be business moguls and not scientists
capable of deliviring medical breakthroughs.
* OK, where does the government get the extra money?

Stop giving welfare to people who can easily do so themselves? You'd be
surprised how much money can be freed up by letting go of the Agriculture
Department, or the Department of Health and Human Services... Or maybe ax
Social Security.

No taxes needed :-D.
Evidence?

How far do you live from your workplace? Much farther then you would've
two hundred years ago. How long does it take to send a message to
Beijing? Much shorter than a hundred years ago. For how much of your
adult life do you plan to be working? Much less than a hundred years ago.
What percent of your life is spent in school? How much taxes do you pay?

I could go on for hours...
Today is exactly like a hundred or a thousand years ago in all of the
relevant ways. Innovation in some areas is more expensive but real
wealth available to entrepreneurs is also exponentially higher than in
those earlier times. Making a steam engine would have been impossible
for Cro-Magnon man and an Apollo-scale project for the Aztec empire, but
it was something a moderately well off engineering corporation
equivalent could have done in Roman times had there been such, and that
ONE MAN could do more or less out of his own pocket in James Watt's
time.
Evidence?

How the hell can I? It's behind a paywall and I don't have a credit
card, numbnutz.

Not any recent articles (i.e., last week or two). I would be willing to
bet that you did not even bother to check the website. In addition, you
have a local library, and local libraries also have something called
newspaper and magazine archives. If you were really pressed, you could
always take a trip to the Library of Congress and find it over there.

Besides, I was also trying to impress the point that it is often a good
idea to try to check information out before you start relying on its
content. After all, not doing so tends to make you look like an idiot.
Besides, I don't see how anything there can possibly counter the
paragraph of mine quoted immediately above. [Deleting utter incivility]

[accuses me of misunderstanding economics]

Oh no, I understand economics very well. Well enough to see through all
sorts of BS, including all of yours so far, and I expect even the
cleverest BS you are capable of producing is still utterly transparent
to me...

*Blinks off the shock of the breakdown of civility.* In all honesty, this
is as civil as I can make it:

My first impression of you before responding to your posts was that of a
rather whiny person who didn't understand economics. My current
impression of you is that of a whiny college student, incapable of
understanding that he could be wrong or even seeing that someone else
might have the guts to contradict himself, who has a friend who took an
economics class three years ago, and finally thinks that the French
economic model is the paragon of the world.

As I said before, we both rely on different assumptions. Therefore
everything I say must seem like utter BS to you whereas everything you
say seems like utter BS to me. Judging from the other replies in this
thread, I am going to hazard a guess that I am in the majority. Oh wait,
that's wrong. The majority of people have already given up talking with
you [rest of sentence deleted to maintain civility].
 
M

Matthias Buelow

Twisted said:
You seem to forget that one and only one of those "rights" is
enshrined in the constitution. Specifically, the First Amendment.

Usenet is not a venue for free speech. Usenet is a service provided by
and paid for by the various server operators, and has a number of rules
attached to it that say, for example, that spamming or some other abuse
can get your article cancelled by some netnews administrator. Whether
excessive crossposting or off-topic posts already constitute abuse is
debatable but it is certainly bad behaviour (and I apologize for this OT
post). You also can't go into a hockey club, start rambling on about
football and then cry foul with "free speech" if you get kicked out.

Apart from that, only a fraction of the Usenet-carrying servers are
located in the U.S., so your "first amendment" defense would only affect
American servers anyways.
 

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