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Single Group Dominates Second Round of Anti Net-Neutrality Comment Submissions

Dredd13 Re:I'd expect Fawkes masks to start making stateme (192 comments)

I'm happy to cede world dominance to another country. I don't feel like my "nationalistic ego" is so damned large that I have to sink the country's economy just to ensure that my country is 'running things' or whatever.

3 days ago
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Apple's iPod Classic Refuses To Die

Dredd13 Interface Is Key (269 comments)

One of the key features keeping the classic alive is also potentially its use in cars. For the longest time, even when I had an iPhone, I maintained an iPod Classic, because its UI was much move navigable one-handed while driving, to drill down to find a particular playlist, or artist, or whatever. You could, by feel alone, figure out what you were doing in many cases, only glancing at the unit to determine when to hit the select button, etc.

It wasn't until I had a car which actually integrated my iPod into its in-dash entertainment system that I finally stopped worrying about that.

about a week ago
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Can Ello Legally Promise To Remain Ad-Free?

Dredd13 Re:How do you quantify the damages? (153 comments)

It'd be a pain, but the reality is that even if only a subset of people were to do it, it could get *really* cost-prohibitive for them to violate the license. :-)

about a month and a half ago
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Can Ello Legally Promise To Remain Ad-Free?

Dredd13 Re:How do you quantify the damages? (153 comments)

But we're talking about a scenario where they use your content (pictures, posts, etc.) outside of the terms of license with which you licensed it to them (ad free, etc.)

At that point, they're distributing your copyrighted material without a license to do so. There is no requirement (that I can find, statutorily) to have registered the copyright. The copyright must simply be "valid" to be enforceable (which it is). 17 USC 504 is the relevant statute, and it makes no mention of a registration requirement.

You have the option of going for actual damages (generally, if you can prove that they are more than statutory damages), or you can elect to pursue statutory damages of between $750 and $30,000. If you show that they did so willfully, the upper bound becomes $150,000.

about 1 month ago
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Can Ello Legally Promise To Remain Ad-Free?

Dredd13 Re:How do you quantify the damages? (153 comments)

You own the copyright to any content you create.

If they distribute your content in violation of their agreements surrounding that, it's a technical violation of the DMCA, which has -- as we all know -- statutory penalties for such violations.

about 2 months ago
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Can Ello Legally Promise To Remain Ad-Free?

Dredd13 Re:Contract issue (153 comments)

Ello's consideration is the content you're allowing them to reproduce.

The user's consideration is the site they're allowing you to use.

Not all consideration is cash.

about 2 months ago
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Can Ello Legally Promise To Remain Ad-Free?

Dredd13 ToS Language Is The Secret Sauce That Is Missing (153 comments)

It seems that it shouldn't be hard for a lawyer to craft up a change to the ToS for the site that:

- Grants Ello the right to use/reproduce user content (a normal everyday part of ToS), BUT
that right does not survive a change to either the corporate charter or the ToS without being positively re-affirmed by the end user.

In other words, Ello can use/reproduce your posts, like they need to.

- If they change the charter, users need to re-affirm "yes, you can continue to use my existing content"
- If they change the ToS to remove that language going forward, users need to re-affirm "yes, you can continue to use my existing content"

Combine that with some language about "no change to ToS or corporate charter can be binding without a 90 day review period for users", and you've got something with some teeth.

about 2 months ago
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FTDI Removes Driver From Windows Update That Bricked Cloned Chips

Dredd13 Re:Sorry They're Changing (572 comments)

well, as noted elsewhere in this thread:

- The knockoffs *are* shit quality in this case, flaky as hell, causing FTDI to field calls for issues with hardware that isn't even theirs
- knockoff quality is "indeterminate" and -- worse -- without recourse (there is no way to trace back who did shoddy work and get them to make good on the problems they caused)

about 2 months ago
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FTDI Removes Driver From Windows Update That Bricked Cloned Chips

Dredd13 Re:Counterfeiters not competitors (572 comments)

Well, as noted, it happens with watchmakers, clothing/accessory companies as well, etc., etc.

about 2 months ago
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FTDI Removes Driver From Windows Update That Bricked Cloned Chips

Dredd13 Re:Sorry They're Changing (572 comments)

No, you fail at QC.

What you're describing is what most reputable manufacturers do - they do destructive tests on random samples of each (lot,shift,day,week,whatever), few from the beginning, few from the middle, few from the end. As noted elsewhere, I've personally seen trays and trays of 486SX/DX chips ripped apart by IBM for testing prior to those lots' "acceptance" for use in IBM branded hardware.

So after they receive the hardware (ie, after the shipment swap risk) they test what they received. If the product leaves their possession and comes back (ie, attached to a board), they test samples of THOSE (also, again, destructively).

That QC is baked into the COGS for the product in question.

about 2 months ago
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FTDI Removes Driver From Windows Update That Bricked Cloned Chips

Dredd13 Re:Sorry They're Changing (572 comments)

It doesn't absolve you of a need to QC what you're receiving. It just decreases the likelihood of getting bad product.

about 2 months ago
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FTDI Removes Driver From Windows Update That Bricked Cloned Chips

Dredd13 Re:Sorry They're Changing (572 comments)

So buy through their designated supply channel and QC what you receive to ensure its provenance. Ask the manufacturer for appropriate QC steps to ensure that you are receiving "genuine product" that they manufactured. Make sure there is suitable indemnification in your contract with the supplier so you have recourse if they slip in bad product.

Again - these are all problems that reputable manufacturers have solved decades ago. It's the fly by nighters who have the most difficulty.

about 2 months ago
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FTDI Removes Driver From Windows Update That Bricked Cloned Chips

Dredd13 Re:Sorry They're Changing (572 comments)

You do realize FTDI sells direct, right?

us.sales@ftdichip.com

about 2 months ago
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FTDI Removes Driver From Windows Update That Bricked Cloned Chips

Dredd13 Re:Computer Missues Act 1990 (572 comments)

Ah, so just because you haven't installed a working driver for that new hardware you just bought, the hardware is "broken"?

No, of course not.

Contact the manufacturer of the hardware and ask them for the driver. If they cop out and say "use FTDI's", say "FTDI's driver doesn't work with your hardware, where's YOUR driver?"

about 2 months ago
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FTDI Removes Driver From Windows Update That Bricked Cloned Chips

Dredd13 Re:Sorry They're Changing (572 comments)

Actually, yes. China's government is very protective of ensuring that buyers are getting what they pay for, because the gov't doesn't want to upset the goose that's laying a Fort Knox worth of golden eggs in their country. The Chinese government knows exactly which side its bread is buttered on.

Chinese manufacturer management personnel who've done this sort of thing in the past with food products have been fucking executed, so don't for a minute think that there's no teeth to such an indemnification.

about 2 months ago
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FTDI Removes Driver From Windows Update That Bricked Cloned Chips

Dredd13 Re:Computer Missues Act 1990 (572 comments)

Not at all. It's completely accurate. The chip is still very capable of performing the task it was designed and marketed to do.

Someone just needs to write a driver that will talk to it, and it can happily do it.

about 2 months ago
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FTDI Removes Driver From Windows Update That Bricked Cloned Chips

Dredd13 Re:Sorry They're Changing (572 comments)

Then you control your own manufacturing. Lots of companies do that very thing. Or they have very strict contracts with their manufacturers to lay the financial burden at their feet if there is parts-swapping happening.

Reputable manufacturers solve this problem every day. It's the cheap-ass folks trying to go on volume versus quality that have the problems.

about 2 months ago
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FTDI Removes Driver From Windows Update That Bricked Cloned Chips

Dredd13 Re:Counterfeiters not competitors (572 comments)

But in this case, the manufacturer didn't choose that 0x0403. The USB working group did.

about 2 months ago
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FTDI Removes Driver From Windows Update That Bricked Cloned Chips

Dredd13 Re:Sorry They're Changing (572 comments)

And - as discussed elsewhere in this thread - reputable manufacturers have means of holding their suppliers accountable, both in terms of QCing products they source, and in terms of indemnification for defective merchandise.

about 2 months ago

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