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End of the gotcha clause?: End of the gotcha clause?There can be only one?[i]The days of the "gotcha" clause in software licenses are quickly fading into history.[/i]Sounds like you, as most, haven't read a Microsoft EULA lately.Keep in mind that under current copyright law a EULA is nothing [u]but[/u] one giant "gotcha" -- it confers...; Tags: gotcha, EULA, gotcha clause, software; Discussion threads 2007-05-03
End of the gotcha clause?: Ever since launching this blog Ive written stories about "gotcha" clauses.These are additions to standard contracts, usually meant to confer some commercial advantage to the provider.It turns out Don Imus had a "gotcha" clause in his contract with CBS. Of course, this was language in an employment contract, not a...; Tags: Standards, Software Licensing, publishing, Legal, General, content; Blog posts 2007-05-03

Additional Resources

Google's incomplete EULA climbdown: While the world and his dog seem satisfied with the way Google's lawyers hastily red-lined the hated Clause 11.1 of the Chrome EULA, others may not be so pleased. This from the Spanish version: 11. Su licencia del Contenido 11.1 Conservará los derechos de...; Tags: Google Inc., EULA, Dennis Howlett; Blog posts 2008-09-04
Chrome's new EULA drops wide-ranging claims to user content: I think Chrome is awesome. It's at least 10 times faster to start up than Firefox on my XP laptop. Unlike some of my peers at ZD, I don't have a problem adopting it as my default browser. Chrome's EULA definitely raised some eyebrows thought with its ...; Tags: Google Inc., EULA, Chrome, Richard Koman; Blog posts 2008-09-04
Chrome's EULA is a cut 'n' paste showstopper: Chrome's EULA is a cut 'n' paste showstopperHave you ever read MS EULA? In short...We can go into your machine and do what ever we want.If this is the case with the browser....how are they using your data in their cloud?Chrome's EULA is a cut 'n' paste showstopperI looked...; Tags: Web browsers, EULA, Google Inc., Chrome EULA, TOS; Discussion threads 2008-09-03

Chrome's EULA is a cut 'n' paste showstopper: When I said that CXO's wouldn't give Google Chrome a nanosecond's thought, I under-estimated. They'll give it about five seconds and then pass straight to the corporate legal department. Why? EULA Clause 11.1: You retain copyright and any other rights that you already hold in Content that...; Tags: Google Inc., EULA, Chrome, Corporate Communications, Marketing, Dennis Howlett; Blog posts 2008-09-03
AT&T: International iPhone surfing plans start at $120: If you have an iPhone and are traveling abroad, AT&T is now offering new data plans that should save some money over regular pay-per-use roaming charges. Roughly, a 100 megabyte plan will run $120 per month while a 200-megabyte plan will cost $200. That, of course, is on top of...; Tags: Apple iPhone, AT&T Corp., Plan, E-mail, Wireless LANs, Telecommunications, Online Communications, Wireless, Sam Diaz; Blog posts 2008-08-26
Get those ToS sorted: The spat between WidgetLaboratory and Ning highlights one of the running sores in the current rush to all things 2.0: no-one and I mean no-one has given enough thought to how Terms of Service ToS are going to operate in the real world once cloud based services start to scale...; Tags: Terms Of Service, Ning, E-mail, Online Communications, Dennis Howlett; Blog posts 2008-08-25
Yahoo announces Icahn's board members: Yahoo appointed former Viacom CEO Frank J. Biondi, Jr. and John H. Chapple, former CEO of Nextel Partners, to its board of directors, filling the two new seats created when activist investor Carl Icahn agreed to drop his proxy fight for control of the board last month. Icahn is also...; Tags: Board, Yahoo! Inc., CEO, Chapple, Corporate Governance, Business Operations, Corporate Law, Sam Diaz; Blog posts 2008-08-14
Warning to iPhone Apps devs - Apple can make your apps vanish on a whim: Warning to iPhone Apps devs - Apple can make your apps vanish on a whimTransparent and FairI think Apple should be commended for yanking a $999 dollar app that basically did nothing of value as far as anyone could tell.RE: Warning to iPhone Apps devs - Apple can make your...; Tags: Apple Inc., iPhone Apps dev, dev, iPhone App, whim, Apple iPhone; Discussion threads 2008-08-08
Schoolyard antics take Microhoo drama to new level: Something doesn't smell quite right here. Techcrunch reports earlier today that Jonathan Miller, former AOL chief executive and one of the names that popped up as part of Team Icahn on the newly expanded Yahoo board, has been blocked from serving on that board by a non-compete...; Tags: Time Warner Inc., Yahoo! Inc., Corporate Governance, Business Operations, Corporate Law, Sam Diaz; Blog posts 2008-08-01
From Chapter one: Data Processing and the IBM Mainframe: From Chapter one: Data Processing and the IBM MainframeUnderpaying the budget analystLess than $40,000? Is this a trainee?Gotcha momentWith the profusion of detail unconnected to any conclusion, strange to compain about missing information. Still, a sentence like this:In addition, the requirements shown for the project manager position contain...; Tags: Mainframes, Servers, mainframe, COBOL/VSE, IBM Corp., IBM mainframe, data-processing; Discussion threads 2008-08-01
FCC to vote against Comcast, which questions its authority: FCC to vote against Comcast, which questions its authorityNet Neutralityreaction to this "Net Neutrality" decision...YES!RE: FCC to vote against Comcast, which questions its authoritySo a company can't manage their network to protect their limited bandwidth (ya it ain't free people) from the sponge known as torrent? Wow...Yes I'm a...; Tags: Federal government, FCC, network, Comcast Corp.; Discussion threads 2008-07-28
Learning from Walmart: Learning from WalmartLower cost, much more flexibility- no help desk needed- lets you put sysadmins into user groups, reporting to user managers- eliminates most security and processing failure risks- gives you OS independent access to software - eliminates user impact and costs of evergreen policiesHow would SUN Ray help?ntSmart displays?"put...; Tags: Keyboards, Operating systems, Sun Ray, Wal-Mart Stores Inc., Sun Microsystems Inc., IT Development, Smart Display, Microsoft Corp., Murph; Discussion threads 2008-07-28
My Sunday Afternoon: Fun with VMWare ESX 3i: As soon as I heard the announcement from bright and bushy-tailed VMWare CEO Paul Maritz that the company was shortly going to be releasing their ESX 3i enterprise-class embedded hypervisor for free, I was absolutely thrilled. Given the pace of technology reporting, I knew that I had to get it...; Tags: VMware Inc., VMWare ESX, Ip storage, Jason Perlow; Blog posts 2008-07-27
Sony's amazing crapware-free PC: Sony's amazing crapware-free PCWhat's really sad.......is that you didn't bother to read the part where it says Sony quickly changed its mind about charging for crap-free PCs before running your yap.WrongAs John E notes, no customer has ever been charged for this option and the decision to charge was canceled...; Tags: Desktops, Notebooks, Sony Corp., PC; Discussion threads 2008-07-21
Can XM-Sirius merger stand up to Washington politics?: After well over a year of scrutiny, the proposed merger between the country's two satellite radio providers - XM and Sirius - is finally on the home stretch, set for an approval vote as early as Aug. 1. But wait. This week, one of the FCC commissioners proposed even more...; Tags: Merger, XM Satellite Radio Inc., Radio, Satellite, Sirius, Commissioner Jonathan Adelstein, Satellite Radio, Advertising & Promotion, Mergers & Acquisitions, Digital Music, Network Technology, Consumer Electronics, Personal Technology, Marketing, Investment, Finance, Networking, Sam Diaz; Blog posts 2008-07-18
Fear and enterprise in the PaaS channel: Fear and enterprise in the PaaS channelSaaS and PaaS still not an Enterprise SolutionInternet based solutions whether they are software or platform do not pass any type of sanity test.1. Data ownership. No matter what the license agreements always have 2 clauses that allow them to do what ever they...; Tags: cloud computing, Storage management, PaaS, storage; Discussion threads 2008-07-15
Apple sets gag rule for iPhone app makers: A posting by Saul Hansell late last night on the New York Times Bits blog notes that Apple is forcing app makers to keep mum about their wares until noon EST today: The most interesting aspect of the launch of Apple's new iPhone 3g Friday is the beginning of...; Tags: Apple iPhone, Apple Inc., 3G, Internet, E-mail, Cellular Phones, Consumer Electronics, Personal Technology, Online Communications, Andrew Nusca; Blog posts 2008-07-10
Bill Gates' legacy: A modern day Henry Ford: Bill Gates' legacy: A modern day Henry FordDeservedly so. He is a modern day Henry FordLike HF, Bill Gates has truly made a historic impact on the high tech industry and his philanthropy work is already making an incredible difference.Good for him.Having said that, Microsoft has missed the internet boat...; Tags: INTERNET, Microsoft Windows, Leadership, Strategy, Bill G, personal computer revolution, Bill Gates, Billg, Henry Ford, modern day, Microsoft Corp.; Discussion threads 2008-06-25