Roger Markus wrote:
On 12/9/05, Randomthots <[EMAIL PROTECTED]> wrote:
Jonathon makes them sound like goons with guns and brass knuckles. It's
frustrating and often sad and tragic, but it's not the mafia. And it's not
illegal or criminal.
The larger part of organized crime does *not* involve brass knuckles. Maybe
you've been watching too many movies? Truth - in fact - is vastly stranger
than fiction. Spinning is great, but however blind the non-thinking may be,
the truth will not go away.
RM
Do you know what a EULA is? Do you know what a contract is? Jonathon's
"enforcers" are lawyers with subpoenas signed by judges. They don't just
go in on their own and start taking crap. Jesus! Are you brain dead?
All this happens in accordance with U.S. copyright and contract law
respectively.
THE PROBLEM IS THE LAW!! Don't you get it? If it weren't Microsoft it
would be some other company. Maybe IBM if they hadn't been sleeping at
the wheel, maybe Apple if they had been more open with their licensing
terms, maybe even Sun. But if not Microsoft then somebody else.
Consider the BSA. That's not just Microsoft; that's a whole slew of
proprietary software companies. And they get their power from a
provision of U.S. law that provides for damages of up to $250,000 per
copy for pirated software. Now you're a graduate of law school,
somewhere in the bottom third of your class most likely, and you've
barely passed your bar exam. That is one juicy plum hanging there. And
it's a wonderful way for a disgruntled former employee to get even.
This is a lot bigger societal problem than just Microsoft or even the
software industry. For instance, there is a whole cottage industry in
"drive-by" lawsuits. One favorite tactic is to sue small business owners
for infractions against the ADA. The rules are exceedingly complicated
and it's almost impossible to meet every provision perfectly.
So, yeah, Microsoft is a bully, and Microsoft has broken some laws. But
the vast majority of the damage that they have wreaked upon the
computing public has been accomplished through entirely legal means.
--
Rod
---------------------------------------------------------------------
To unsubscribe, e-mail: [EMAIL PROTECTED]
For additional commands, e-mail: [EMAIL PROTECTED]
