decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Accountability | 190 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
State warned on ditching copyrighted software (Kenya)
Authored by: Anonymous on Monday, September 17 2012 @ 04:52 PM EDT
Thr typical EULA from any vendor states that the vendor does not claim the
software is fit for any purpose, but that it is very valuable and may not be
copied.

[ Reply to This | Parent | # ]

Accountability
Authored by: Anonymous on Monday, September 17 2012 @ 05:07 PM EDT
They indemnify themselves by assuring the customer that if the software fails
the customer may be able to recoup the cost of a blank disc.

Whereas, everyone knows that with FOSS, you have to buy your own disc.

[ Reply to This | Parent | # ]

State warned on ditching copyrighted software (Kenya)
Authored by: tknarr on Monday, September 17 2012 @ 05:10 PM EDT

It does. I looked up the license agreement for Windows 7 Ultimate. Section 26 disclaims all liability for problems with the software, including negligence and including when Microsoft knew of the problem. They also limit their liability, if any, to the amount you paid for the software. Basically they aren't liable and if they are liable all they have to do is refund your money. So how exactly is this taking more responsibility than FOSS again? At least with FOSS if there's a problem I can fix it if it's that critical, rather than being left hanging until the vendor decides to issue a fix (assuming they ever do, or that they consider the behavior a bug at all).

[ Reply to This | Parent | # ]

State warned on ditching copyrighted software (Kenya)
Authored by: Anonymous on Monday, September 17 2012 @ 06:57 PM EDT
Yes, when was the last time you heard Microsoft offer to cover losses due to a
MS software bug? I'm not aware of that EVER happening. About all they will offer
is to fix the bug - if you're lucky.

That said, the belief that MS code is much buggier than open source is
(allegedly) a thing of the past - largely arising from a 2004 survey comparing
bugs per kloc from the Linux kernel vs. the Windows "kernel". When the
same organisation (Coverity) did a new survey recently, the bug rates were quite
similar between Linux vs. Windows (0.62 bugs/kloc vs. 0.64 bugs/kloc).

That doesn't mean that the 2004 results were wrong, it means that MS actually
started paying attention to security in the interim, and appears to have
achieved some results.

By all means criticise Microsoft, they usually deserve it, but criticising them
on the basis of issues that no longer hold true will only weaken your arguments.
It's not as if they don't give us enough ammunition...

[ Reply to This | Parent | # ]

State warned on ditching copyrighted software (Kenya)
Authored by: Anonymous on Monday, September 17 2012 @ 06:58 PM EDT
Yes, when was the last time you heard Microsoft offer to cover losses due to a
MS software bug? I'm not aware of that EVER happening. About all they will offer
is to fix the bug - if you're lucky.

That said, the belief that MS code is much buggier than open source is
(allegedly) a thing of the past - largely arising from a 2004 survey comparing
bugs per kloc from the Linux kernel vs. the Windows "kernel". When the
same organisation (Coverity) did a new survey recently, the bug rates were quite
similar between Linux vs. Windows (0.62 bugs/kloc vs. 0.64 bugs/kloc).

That doesn't mean that the 2004 results were wrong, it means that MS actually
started paying attention to security in the interim, and appears to have
achieved some results.

By all means criticise Microsoft, they usually deserve it, but criticising them
on the basis of issues that no longer hold true will only weaken your arguments.
It's not as if they don't give us enough ammunition...

...Ronny

[ Reply to This | Parent | # ]

State warned on ditching copyrighted software (Kenya)
Authored by: Anonymous on Monday, September 17 2012 @ 07:19 PM EDT
Furthermore, an end customer (Kenya, in this case) can enter into a support
contract with a company that supplies FOSS software, and supports it, and that
contract can have a meaningful support agreement that included penalties. It is
generally impossible to do this with a big software vendor (Oracle, Microsoft,
etc.) and no third-party support can be meaningful because the third party does
not have access to the source.

[ Reply to This | Parent | # ]

State warned on ditching copyrighted software (Kenya)
Authored by: Anonymous on Monday, September 17 2012 @ 07:50 PM EDT
Can we take that a new commitment?

If we all can get them to pay for past damages, they won't be
able to pay for FUD and acquire patents for years. Please, what
is the telephone number?

But an other point, it may be, for different non-fundamental
reasons, be complex for Kenya to do that switch successfully.
They can and probably should pay for support. But the amount
should be limited to make the transition a real success. I hope
the FOSS community will help by launching open source projects
that address the specific, mostly organisational problems for
such an organisation to make that kind of switch.

[ Reply to This | Parent | # ]

Has anyone been helped by MS after an attack?
Authored by: Anonymous on Tuesday, September 18 2012 @ 07:30 AM EDT
Does anyone know of an instance where Microsoft helped someone who was hacked?
Last time I checked Metasploit still had a large number of exploits listed. The
Anti-malware companies are still going strong listing thousands of attacks that
they will defend against.
My one and only time to try and get help from them was with a new machine
running NT. Dell said to call them and they said it was Dell's problem.
Luckily SuSE solved the troubles and has bee my desktop since.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )