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Reader Comments on Aardvark Daily 8 October 2002

Note: the comments below are the unabridged submissions of readers and do
not necessarily reflect the opinions of the publisher.

 

From: David Mohring
For : The Editor (for publication)
Subj: "Money for Nothing" but a toll gate on content

Microsoft and the recording industry are slealthfully
pushing Media Player 9 on the market, by requiring it to
view increasingly ever more "exclusive" content...

See 'Free' Costello CD seeds DRM, MS Media Player 9
www.theregister.co.uk/content/4/27232.html
And Peter Gabriel album preview deployed in MS audio push
www.theregister.co.uk/content/4/27272.html

In the words of contemporary 80s artist of both Costello and
Gabriel, Dire Straits Mark Knofler - this is Money for
Nothing...

[ With deepest apologies to Mark Knofler and Dire Straits ]

"Money for Microsoft" by Dire Warnings
Sung by Steve Ballmer, backing by Bill Gates

You must buy ...
You must buy Win-XP

You must buy ...
You must buy Win-XP

You must buy ...
You must buy Win-XP

You must buy ...
You must buy Win-XP

Now look at them bozo's that's the way you do it
You lock them always on the Win-XP
That ain't workin' thats the way we do it
Money for Microsoft from Dot Net usage fees
Now that ain't workin' thats the way we do it
Lemme tell ya them guys are dumb
Maybe get a licence on your little desktop
Maybe get a licence on everyone

They gotta install Media Player
Passport Dot-Net deliveries
They gotta take these applications
They gotta take these subscription fees

Look at that, look at that

See the little Win-Troll spreading spin we makeup
Yeah buddy thats our own fear
That little Win-Troll got them always complain'
That little Win-Troll makes us billionares

They gotta install Media Player
Passport Dot-Net deliveries
They gotta take these applications
They gotta take these subscription fees

They shoulda learned to use the Linux
They shoulda learned to use them Macs
Look at that user, we got it stickin' to the customer
Man we could have some fun
And their down there, whats that? Protesting noises?
Plannin' on me dancing like a chimpanzee
That ain't workin' thats the way we do it
Get the money for Microsoft get our usage fee

They gotta install Media Player
Passport Dot-Net deliveries
They gotta take these applications
They gotta take these subscription fees

That ain't workin' thats the way we do it
You lock them always on the Win-XP
That ain't workin' thats the way we do it
Money for Microsoft from the license fee
Money for Microsoft from subscription fees

David Mohring - Original author

Note: dancing like a chimpanzee - see
www.google.com/search?q=ballmer+monkeyboy+mpeg
As for Dot-NET subscriptions, the rot is starting ...
Microsoft details web services prices
www.it-director.com/article.php?id=3215

It needs a 3D animated flash video parodying the original
Dire Straits Music Video.

As I said yesterday, if you have not already listened to, or
read Lessig's speech on free culture. I urge you to do so
ASAP. The flash presentation brings home just how much we,
as a society in general, have to lose.
www.eff.org/IP/freeculture/

YOU CAN FIGHT FOR YOUR FAIR USE RIGHTS -
Use completely open, patent-free,
professional audio encoding technology.
www.vorbis.com/





From: Mike
For : The Editor (for publication)
Subj: EULA

Agree with your comments! The (mainly US) software
companies write for US law, although some have had to be
modified as they break or severely bend consumer rights and
Fair Use laws in the US of A.

What I'd like to know is how may of our own laws, like
Consumer Guarantees Act and others, which cannot
be "contacted out", are making these agreement void in New
Zealand.




From: Graham T
For : The Editor (for publication)
Subj: Microsoft soon to be unenforceable EULA

Hopefully software will shortly be covered by the Consumer
Guarantees Act, when the Consumer Protection (Definitions
of Goods and Services) Bill is enacted.

Imagine if Microsoft had to pay attention to the
requirements that their software will:

-Be of acceptable quality
-Be fit for their particular purpose
-Match the description given in advertisements or sales
brochures
-Be a reasonable price, if no price or pricing formula has
been previously agreed.
-Spare parts and repair facilities will be available for a
reasonable time.
-Goods are of acceptable quality.
-Perform with reasonable care and skill.

Moreover, continuing as they do now after enactment of the
bill would mean that they are probably in breech of the
Fair Trading Act with its rather severe penalties.

Here's hoping the M$ lobby aimed at stopping the bill is
unsucessful...




From: Edwin Hermann
For : The Editor (for publication)
Subj: "you authorise us to randomly charge your credit card..."

In your column today you put forward a hypothetical
situation where the fine print reads something like:

"In accepting this license, you authorise the vendor to
make random or regular billings against your credit card as
they see fit, without notice and without further approval
by you"

and you imply that they'd have every right to do so if you
agreed to the fine print.

Well, something worth bearing in mind is that there are
some laws in New Zealand which cannot be contracted out
of.  For example, you can't sell someone a prodcut
with "you will not be given a refund for this product, even
if the product is faulty" in the fine print.

The Consumer Guarantees Act 1993 is one example of an Act
which you cannot contract out of, and refunds for faulty
products - as per the example above - comes under the
Consumer Guarantees Act.

So the vendor of a piece of software (or any other product
or service) cannot just write everything and anything in
the fine print.

Perhaps inserting a clause about randomly billing your
credit card varying amounts from time to time is something
which goes against an Act which cannot be contracted out
of....




From: Andrew Gardner
For : The Editor (for publication)
Subj: Larry Ellison


"But cheap telecoms costs and the availability of good real estate
were factors that would encourage him to set up shop in New
Zealand. "

Cheap telecoms costs???

When did this happen? Was I asleep?




From: Peter
For : The Editor (for publication)
Subj: Nigerian Scam

Yes, the Nigerian scam emails are still about.  I tried a
couple of times to hook a game of mugu baiting, and have now
succeeded in getting one going.
In their second email, they warned me that some interlopers
in Nigeria are frauds, and only pretend to have money to get
out.  (Of course, their offer to me is genuine.)
So I'll see how far we can get with the game.



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