News

Wednesday, November 28, 2001

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Patents and Standards

The Linux Journal has a couple of stories that you may want to view. The first deals with Intellectual Property Patents.

Are information technology standards organizations just monopolistic cartels in disguise? The US Federal Trade Commission plans hearings to find out.

Industry Briefs: FTC to Probe IT Patents' Antitrust Effect
read here - go there
Source: Linux Journal

The second deals with Bundled Software. You buy a scanner and the manufacturer 'bundled' a copy of an image editing program with it. You already have a program and are not using the 'bundled' one.You sell this program because you are not using it. The software companies 'End User License Agreement' is what they used to say it was a license and not transferable. A United States District Court Judge disagreed. In essence, if it looks like a sale, it is a sale.

US Court says buyers can unbundle EULA-covered software.
If you find yourself paying for bundled proprietary software and don't actually install it, you can legally resell it no matter what the End-User License Agreement (EULA) says. That's what Judge Dean D. Pregerson wrote in his "Order Re: Application For Preliminary Injunction" in the case of Softman v. Adobe.

Industry Briefs: Softman v. Adobe: What it Means for the Rest of Us
read here - go there
Source: Linux Journal

Stay Tuned for developments here. This may open the door to reining in software as a 'product' that may allow you to recover damages for product liability. Currently software sells it self as a no warranty product. I am the last person on the planet to advocate going to court, but in the case of software, especially software advertised as stable, i.e 'Retail', I am willing to make an exception.

p i x e l v i e w

The web has been called the information superhighway. Welcome to one of the back alleys.
We have managed to lure a number of folks down here..
LMichelle, Jeff Clark, Doc Searls, Joe Jenett, Shirley Kaiser, and our newest Nick Finck....
You never know who will be next.

p i x e l v i e w
read here - go there

Current Opinion

No RAND for Me

The web works because HTML is an open system.

The majority of what you see on your screen is written in Hyper Text Markup Language. This language has been carefully created to extend the capabilities of what can be communicated from one computer to another. The source for this is the W3C World Wide Web Consortium.

The W3C holds a special position in our little world. We in concert, without clubs, memberships, secret handshakes, or free mouse pads, have decided to agree on the W3C Recommendations as the stone tablets of our universe of the web. We are here as these 'standards' are non-proprietary, open source, and do not 'belong' to anybody. This means that we have a baseline to begin our exploration and experimentation with what we can get to show up in a browser.

>>more

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