Tag Archive for 'linux'

GNU GPL = not public domain

Linux lusers will understand the post title to be a badly broken recursive acronym on the usual theme. And only they will get that sentence. But while reading a law report Geeklawyer happened across the case of Planetary Motion, Inc. v. Techsplosion, Inc. [URL fixed] which has an interesting last paragraph:

“Software is commonly distributed without charge under a GNU General Public License. The sufficiency of use should be determined according to the customary practices of a particular industry.…That the Software had been distributed pursuant to a GNU General Public License does not defeat trademark ownership, nor does this in any way compel a finding that Darrah abandoned his rights in trademark. Appellants misconstrue the function of a GNU General Public License. Software distributed pursuant to such a license is not necessarily ceded to the public domain and the licensor purports to retain ownership rights, which may or may not include rights to a mark.…”

This would be the result expected by GNU licensees and one which most lawyers would predict but which one occasionally hears detractors utter. In the US jurisdiction Planetary Motion would seem to torch any argument along those lines. If the case came to the UK Geeklawyer would be pretty confident that any competent and competent court would hold the same. Apologies for posting about the law again.

Lords rush in where fools fear to tread?

Geeklawyer confesses to a degree of uncertainty when reading of the report (Thanks Martin) of the House of Lords’ Science and Technology Committee. As is usually the case it is a bit of a curates egg: the usual crap about the Internet being the plaything of Satan and how wonderful it could be.

Some ideas were good. A Californian style disclosure law for when online companies get themselves rooted by crackers. When this happened they’d be obliged to email you and say;

“Hey dude!! We got pwned. Better change you passwords and keep an eye on your bank account.”

A little public humiliation would, one suspects, motivate some of the companies who are otherwise concentrating mainly on getting venture capital to look at security.

There are dubious suggestions that ISPs should be liable if they continue to host phishing and cracker sites. Not a bad idea at all, or at least exactly, but more likely to be ineffective. The majority of these sites are hosted in China Russia and to a lesser extent the US and who are unlikely to accept UK jurisdiction. Which is not necessarily a reason not to do it (at least when it’s something Geeklawyer approves of :razz: ) but a caveat on the likely effectiveness.

Making it an offence to create rent out or use botnets is a terrific idea and would make convictions potentially much easier. Ditto providing more police computer resources and l33t computer skills. Most filth are barely computer literate and the specialist groups are tiny; they have to hire in expertise often and this is not good use of public money.

No. Geeklawyer is really more worried about two things: how would lobbyists pervert these new proposals for criminal power? Geeklawyer is paranoid, true; but would crime be so defined as to include copyright infringement? Nothing in the report suggest so but the MPAA/RIAA’s UK lackeys rarely miss an opportunity to promote their own interests on such occasions. Ah well, maybe Geeklawyer is just being paranoid.

The most interesting thing is making software vendors liable for their defective software. Geeklawyer cannot see this surviving intact into legislation. It would be terrific for Microsoft to be civilly liable for losses caused by bugs in their utterly crappy operating systems. And just the thought that at least one legislature is beginning to broach this policy question will cause a degree of fear. Good.

But how will it affect Free and Opensource software? Would Linux hackers be liable for defects? That would be a hideous result; at least it would be for free-as-in-beer software. Of course if you produce GPL code for money you should be, mostly, in the same position as Microsoft on this head of liability. Bad.

As long as liability was predicated on commercial value Geeklawyer would be happy: but not otherwise.

Random Fire 4

16 year old plus Girl Guides want a ‘safe sex’ badge. Geeklawyer is available as a tutor, but not for the Brownies. Oh no.

The US is not interested in British opinions on the War on Terror. Wants to arrange the torture of people anyway. No shit?! really? — who’da thunk it.

Guantanamo trials a farce and window dressing for a lynching. No shit?! really? — who’da thunk it.

BBC committed to a Linux/Mac iPlayer. Geeklawyer thinks this is a good idea as he used either Ubuntu or OSx and rarely Winduhs apart from games. The trouble is that there is no DRM software for Linux so as long as content providers insist on it, stupidly in Geeklawyer’s opinion, we are stuffed.

Format shifting may be coming to the UK. You may soon be able to lawfully rip your CDs to MP3. Relieved? yea Geeklawyer is too ‘cos he doesn’t do it at the moment — honest.

Random fire 3

Geeklawyer is sitting in a cruddy hotel in Wolverhampton — the Connaught Best Western Hotel (Best? harumph, fine if you like 1970’s retro and cold baths). He is waiting an eternity for breakfast to be prepared and he has a mildish hangover from the poor beer served in these parts.

And worst of all he had a hot date with young Alex but who failed to call or show up: a coldly calculated pact hatched with Ruthie, no doubt, as petty revenge. Geeklawyer should have known better than to trust a founder member of her fan club.

He was reading the complimentary newspaper (2 days old :roll: ) and spotted a piece about scientists proving the women aren’t natterers. He is sorry to infuriate his female readers but empirics has the truth here: women lawyers do indeed talk more than men. Geeklawyer won’t mention the name of a certain ex co-blogger, but.

Geeklawyer hails Gordon Brown’s inspired decision to fly the Union Jack over 10 Downing Street as a symbol of British values and not in any way a cheesy gimmick. Geeklawyer will follow suit by flying a flag over chambers. Designs are currently being mooted but his favourite is a skull and crossbones atop a sheet of £50 notes.

And with that Geeklawyer shall return to his room to try and coax hot water out of the bath so that he can return to the geeks at Lugradio Live clean fresh and non-smelly: it may inspire some of them to take a bath or change a T-shirt. Another cliche formed from a hard knotty kernel of truth.

Off to Wolverhampton

Geeklawyer is off to Wolverhampton this weekend. He tires of the dreary suburban south. He longs for an exotic far away location with dusky maidens; the fragrance of palm trees lit by the glow of a radiant golden sunset; for the merry laughter of children playing freely; echoing halls of lavish art in marbled galleries.

OK, in truth he’s going for a piss up at the LUG Radio show where he will man a stall for a campaign group, totally geek out and get seriously drunk. It’s also a good excuse for a long ride on the Terrible and Inexorable Wrath of God.

If you spot him say hello — just don’t forget to tell him how great he is. And how much better the blog is now :mrgreen:

BTW, following a conversation with young Alex at Freeth Cartwright Geeklawyer is unsure what the currency is in Wolverhampton/Midlands? And whether which inoculations might be needed. And are there any local customs he needs to be aware of? Geeklawyer would hate to bring patronising Western assumptions with him. If any readers have visited this part of the world advice any tips would be most gratefully received.

Whooo!! Xmas & Birthday toys!

Princess Ruthie deigned to come to see Geeklawyer yesterday — an all too rare honour bestowed on the humble serfs comprising her harem. In between rampant activities too vile and sordid to soil even the pages of this blog — the Daily Star of the legal blogging world — Ruthie was spoilt by Geeklawyer with a fine lunch and no expense spared. £30 well spent. And she finally had the fine ring that he bought her as an Xmas present resized to fit her elephant like pinkie.

But the best bit: having been lulled into a spirit of love by such a phoney display or synthetic affection from Geeklawyer Ruthie was suckered into buying Geeklawyer a Mac Mini. Geeklawyer often marvels at you Earth creatures — this thing you call love makes you mad and blind. Being a cold creature of logic Geeklawyer understands how to exploit it to full advantage.

And, Oh, what advantage. The Mac Mini is such an uber cool toy. However Ruthie was not entirely exploitable: Geeklawyer had tried to get Ruthie to buy him a Macbook Pro but was rebuffed. Then he made his pitch for a middle of the range Macbook, but tight-arse Ruthie was still not enough moved by the spirit of love to buy that. A Mac Mini was settled on and Geeklawyer nonetheless feels super happy — a profitable result just for some distasteful sex.

The plan is to rip out OSx (despite it being such a sweet operating system) and install Linux. Geeklawyer is not sure what Linux distros run on Intel Macs (Ubuntu?) but when this is done he will use the Mini as a co-location server box and, finally, have a decent server to run his various web projects, such as this blog, on.

Nokia N800 — Geeklawyer is fucking pissed off

Yes, Geeklawyer apologises to those sensitive lawyers not able to bear his brusque and intemperate language. But really, he is utterly utterly upset. He bought the new Nokia N800 Internet tablet because it really did look like the ultimate Geek PDA toy: an absolutely OMFG drop dead gorgeous thing. A PDA sized device with a brilliant screen running a cut down Debian Linux distro. Stereo sound, microphone, decent memory (in PDA terms) & fast CPU. Geeklawyer felt the surging demands of true love for the first time.

Gorgeous. Better even than Ruthie in pink leathers with the jacket unzipped to the ankle.

But unlike Ruthie, well able to deliver on its promises (and not evil and sociopathic — but let us not get distracted by metaphore — oh bugger it why not).

Well, it seemed so. Geeklawyer typed his order into the Nokia website (it’s only available online from them) so fast that he had to take Ibuprofen to mitigate the risk of RSI.

It arrived and he played: the N800 and Geeklawyer laughed together and held hands, span merrily around in children’s playgrounds and tripped happily hand-in-holder through downland meadows. Then…
First he noticed a couple of reboots. Hmmm. Odd but no biggie. Then they got more frequent and then 2 days after he got it, it decided that it liked it’s own splashscreen so much that it refused to budge beyond it. Narcissim to rival only Geeklawyer’s.

Geeklawyer sobbed gently as he proferred it to the Royal Mail wrapped in about 30 Metres of bubblewrap. An anxious frought week passed in silence, and then another. And then Geeklawyer went skiing, still fretting all the while for his One True Love. No, not Ruthie. Not even nearly.

He began marching the downward spiral of madness that all suffering lawyers tread;

“They have lost it. They have lost it. Oh no, no no no.”

“Oh God, why didn’t I post it recorded delivery, they will say that they never received it — that the Royal Mail lost it”

“What is my cause of action here?”

“contract? no dummy, the initial sale was a contract. The T&C’s spake not of service”

“ah! bailment. Gratuitous bailment? yeah, but that sounds crap — desperation; like arguing breach of Human Rights — everyone knows you have nothing better. Nokia’s lawyers will pull me apart. Even me.”

“Hang on, it’s only £220 they’ll settle. No they won’t, they’ll take it to the House of Lords & then the European Court.”

Come on — don’t lie, you’ve had those moments too. It’s not like Geeklawyer is an obsessive neurotic whacko.

It returned yesterday. But of course Geeklawyer was out. And he got The Card. Which bore a telephone number that was, with trembling fingers, dialled, only to find a droning bitch with a 30 level deep voicemail menu:

“… or if you would like an Xmas card from Nokia please press 9.”

“… if you believe Hegelian dialectic logic was fundamentally misconceived press 45″

And who, at one point, automatedly justified herself to Geeklawyer by claiming that she was ‘empowering’ him, no giggling was detected at her end.

Oh dear God in your Heaven, Geeklawyer said, “please please listen to me. Let us cut a deal: I will resile and acknowledge Jesus and all his great works if you will GET ME BACK MY FUCKING N800!

The CityLink delivery driver was probably a bit surprised when Geeklawyer kissed him deeply passionately and tearfully on the lips while thrusting a £50 tip into his hand.

The perfect screen bloomed white. Westminster Cathedral Boy’s Choir sang out the joyous Nokia theme tune which resonated in deep booming glory through the City, demolishing several tower blocks and killing a couple of hundred pointless chavs. But nonetheless people smiled in the street and sang odes of joy. The Sun radiated streaks of warm honeyed yellow over the land. Daffodils sprouted spontaneously in the parks. Geeklawyer was bathed in a sea of endorphinous sensuous calm. The user interface appeared and all was so very right with the World.

And today two days later he sees again a white screen. The blue words ‘Nokia’ stare out at him. Fixed, unchanging, eternal, unmoving, mocking, hateful & implacable.

Like God’s poisonous hatred for Geeklawyer.

Torvalds ‘pleased’ with the GPL 3 draft

News.com has done an interview with Linus Torvalds in which he is said to be pleased with the new GPL version 3 draft. Keeping Linus happy is a good thing since he controls the largest and most important Free/Open Source software project around: the Linux kernel.

Having read the interview it looks more like he is saying ‘it’s not as bad as previous drafts’: hardly the same thing.
Continue reading ‘Torvalds ‘pleased’ with the GPL 3 draft’

Windows Vista — not much of a view?

Geeklawyer is pretty much unimpressed by the Windows Vista publicity blitz hailing the new release of Microsoft’s new Vista operating system: yea, the visuals look pretty slick at least based on the publicity seen so far, but he’ll reserve judgement until he’s seen it running and decide if its significantly better than OSx. He doubts it.

Continue reading ‘Windows Vista — not much of a view?’

The Geeklawyer Xmas speech

Geeklawyer thinks that, like the Queen, he should review the year. The power to revise it being beyond him, sadly. Delivering the Geeklawyer Speech on Boxing Day may seem like deference to Lizzy; but Geeklawyer is a Republican who’d happily tell the Royals he’d arranged a blood sports party for them and then, assault rifle in hand, lead them braying into a freezing dank deserted echoing Russian basement cellar to participate in the choir of Dying Screams …

No, his motive is merely the desire to avoid competition & to allow the turkey its full moment of festive season honour.

Continue reading ‘The Geeklawyer Xmas speech’