156 posts • joined 28 Dec 2012
Under UK law...
Under UK law, a product has to be fit for purpose.
There is no set 12 month limit on how long it has to work for.
Microsoft have no legal protection in the UK... the EULA would be thrown out by virtually ANY judge.
At best, Microsoft could be forced to issue refunds, at worst they could be found liable for consequential loss if they fail to rectify critical faults. Under certain circumstances, they could even be found to be complicit. Especially as they are still fixing the fault, but only for customers paying premium prices.
There are plenty of countries in the world where MS is going to get ripped a new one by the lawyers.
Re: If you think it's unfair, split the company
If they span off open reach completely under current regulations, openreach would have no choice but to keep the charges to BTs competitors the same, while ramping up charges to BT to cover the additional costs of being a fully independent company. You'de need to change the rules first.
Also, if openreach was spun off completely, BT shareholders would expect some sort of return on all the money BT has put into openreach and the broadband network over the last 20 years... it would have to be a float, rather than a spin-off. And of course the new share holders would want their dividends... and up go the broadband charges.
Re: Having a Laugh
"This coming from the company that turns up in towns up and down the country, upgrades a handful of cabinets then claims the rest aren't financially viable, only to upgrade them when the government hands over wads of cash."
Well yes the cabinets AREN'T financially viable, especially not when BT has to provide access to it's competitors at below cost price. If you need 20 people to sign up at full price per cabinet to make it viable, THEN YOU NEED 20 PEOPLE TO SIGN UP PER CABINET AT FULL PRICE. If they all sign up at half price via BTs competitors, then they will need 40 customer to sign up to cover the cost. It's called maths.
The only choice then IS for the government to subsidise low volume infrastructure... why would BT pay to upgrade a cabinet knowing the few customers that sign up to Fibre may well do so with it's competitors... it would be commercial suicide!
Ironically, if BT wasn't supplying access to it's new fibre network to it's own competitors at a loss, it would be worth them upgrading a lot more cabinets.
I say this as someone in Wiltshire who is waiting for BT to cable up my area as they have agreed to do under this government program to fibre up the countryside. It's due later this year. Hopefully.
Am waiting for there to become standard issue to police officers, security guards etc.
A lot less time spent writing reports if everything is recorded on video, GPS tagged and downloaded.
We all knew it was only a matter of time.
HP 'clarifies' firmware/support contract rules
This is correct. Under UK rules the goods are required to be fit for a purpose and last an appropriate amount of time. For example, if your washing machine fails after 18 months, you are still entitled to a repair as a washing machine can be reasonable expected to last more than 18 months.
If the goods can't be used in a way that a normal person would expect to, without purchasing an additional warranty, then they are not fit for purpose and you can just get a full refund.
That said, the rules relate to "retail" sales. B2B sales might vary slightly, but either was this effective changes the functional lifespan of HP server from 5-6 year to the duration of the warranty, and will see their sales slide off of a cliff, probably irrecoverably, and I see this not as HP trying to make a quick buck, but as HP choosing to withdraw from the server market. Put simply, you wouldn't do this if you wanted to stay in the server business.
Re: Just wondering?
Why would it park... surely you could just tell it to drive around the block a few times while you do your shopping?
Would be better...
It would be better just to build a simple GPS locating device with a GSM connection and short range Bluetooth or RFID VIN identification into the cars ECU.
If police need to stop it, they just need to get close enough to read the VIN from Bluetooth, check it matches the number plates, then send a "fault" command via the GSM network, that drops the car into "Get You Home Mode" where the revs and top speed and very limited, then issue an "Immobiliser On" request when the car is stopped at a junction.
If the car is nicked you just send a "park up" command to the ECU telling it to turn off the engine as soon as the car is at a standstill.
It would mean a slightly more expensive ECU, but would also make cars largely un-stealable. The extra cost per-car would be recovered many times over by the drivers through lower insurance premiums.
So Microsoft have finally invented a reseller interface.
How's the weather back there in the 1990s?
I don't see how...
I don't see how twitter user names can be worth anything, given that, assuming it's not a trademarked brand name, they can just take it off of you at any point and give it to someone else.
Even if it was a trademarked brand name, twitter could just close your account whenever they like.
I'd guess the twitter T&C almost certainly include rules precluding the sale of twitter accounts too.
A good example...
A good example of why premium-rate SMS messages should simply be outlawed.
There is virtually no legitimate use them.
Why does anyone still need a password to make their ADSL broadband work anyway?
If you stop paying for it hey disable it on your line anyway.
Surely they should have just changed the SLA and degraded the service until everyone left?
No other comment needed.
Bye Bye BitCoin
Without untraceable BitCoin, the culprits being CryptoLocker would struggle to collect their cash.
I would go as far as to say RandsomeWare has suddenly returned and ballooned specifically because of BitCoin.
In my "expert" opinion, CryptoLocker will shortly lead to the ban of BitCoin an other digital currencies.
Re: legal? We shall see
There is no such thing as a "warranty period" beyond a manufacturers generous offer.
Goods in the EU must be fit for purpose. The length of time for which they should function depends on the cost of the item, and a range of other issues.
For example, while your washing machine may come with a 12 month warranty, you could reasonably expect it to last more than 12 months and it if failed after 13 months you would have a claim against the manufacturer. A box of matches on the other hand would only be expected to be good for a few days or weeks.
Likewise, a server would be expected to be fit for purpose. Most of us would say a suitable period before it should fail would be 2-3 years. If it failed before that and you pushed the manufacturer, they would settle in some way, probably offering to split the cost without accepting actual liability, or offering a heavily discounted extended warranty.
It's the reason so much now comes with longer than 12 months warranty, and why many credit card firms now offer cards with extended warranties - you see, it the good fail prematurely, the credit card companies are jointly liable. If your server failed after 13 months, you could just claim on your credit card.
Ultimately, if the server failed after 13-18 months and it went to court, they KNOW up front they would lose, so they will always settle one way or another.
A number of years ago....
A number of years ago, I booked a holiday to Lanzarote with Thomson. The email address I registered with was Thomson-Lanzarote@MyDomain.com (Obviously not the correct domain.)
6 months later the address started receiving email from a huge range of spammers.
I'd only ever used the address once then forgotten about is.
Needless to say Thomson wouldn't comment.
Is off to the patent office...
Is off to the patent office, to patent the idea for search engine/website that works like a normal site, but all the links are pre-resolved to IP addresses.
I suspect I'll need to use an IP address as the homepage rather than a URL though.
Re: Oh FFS...
It's not novel to anyone who watched TV in the last 30 years.
As long as compatibility mode works, I don't see a big problem.
As long as compatibility mode works, I don't see a big problem.
How long before apple sue over their unique, patented "plug works wither way up" technology?
sooo.... they've blocked ebay?
I'm sure that will immediately include and ban all radical Islam websites. Then in 4 months it will include the EDF. 4 months after that, the BNP.
And then 4 months after that, the UKIP.
Have you tried...
...just beating him until he realises he doesn't actually NEED a laptop, he just wants one?
How big are the tanks in Olympic swimming pools?
How big are the tanks in Olympic swimming pools?
Re: Cute li'l guinea pigs.
You realise that 30cm fence is merely psychological.
They'll be over that fence in a second if they really feel like it.
They'll clear it in one bound if they get a run up.
Asus X102BA Touch Laptop - £289?
Asus X102BA Touch Laptop
- AMD A4-1200 1GHz
- 4GB RAM + 500GB HDD
- 10.1" Touchscreen
- HD Webcam + AMD HD 8180G
- Windows 8 + Microsoft Office 2013
Re: ..I don't need to apply..
Wouldn't most of the games be 15 to 18 rated?
Fake accounts set up by scammer?
...as opposed to all the fake accounts setup and run by their staff?
As per title.
It's not physics
It's not physics stopping us having flying cars - we even have a human powered flying bicycle now.
It's laws and licences.
While you need a pilots licence, and the vehicle must to be rated, insured and flown under aircraft rules, it ain't gonna happen.
I predict that slowly and surely all of Apples patents will be overturned, until eventually Samsung sue them for something like "vexatious business practices" or "anti-competitive behaviour" and Apple will be destroyed financially, possibly being banned from trading in the electronics market as part of the settlement
We all know they have been making false claims and filing false patents in an attempt to interfere with their competitors ability to conduct business.
It will come back to bite them on the ass.
A 6 woman 2 man Jury... a sure way to get a victory for Apple.
Women will be more focused on how something looks rather than the technical aspects.
Men are also more likely to have seen/used tech before which had the features and realise Apple didn't invent them.
Why have the OS manage it?
Why have the OS manage what goes in the near-memory cache.... surely the CPU or chipset should be doing that?
How long before Iran sues the US government in a US court and wins.
Seems like an open and shut case to me.
Did an office 2013/365 install the other day
Did an office 2013/365 install the other day... the web installer downloaded all the latest files.
After the install, windows updates showed NO updates outstanding - it had slipstreamed the updates into the install.
Why can't they do that with windows as well? Maybe even give you an option to build an install disk with all the latest updates slipstreamed into it... maybe even a option to leave out bits you don't want, like tablet support, speech support and other languages?
So could they apply this object recognition technology to Google maps, and automatically create huge computer generated game maps for Half Life 3?
The big cost for the games industry is the time taken to create maps and populate them with objects.
Google could create a standardised map format and use it's tech to create maps usable in any game engine that supports the format. Then they could use Google maps images and videos of the inside of buildings to produce huge maps on a scale never before seen with a level of detail never before possible.
I don't know why I'm writing this here instead of patenting it.
No mention of who died or ended up abandoned far from home.
Rose ended up in a parallel universe, Adric died, Amy and Rorry got trapped in history...
Surely you can just use any only USB cable to plug it into your laptop to charge up.
Or even simpler, just plug the other end of the USB cable into one of the other USB ports on the chromebook for automatic self charging?
I would imagine...
I would imagine that the questions will be solved when Microsoft starts offering some sort of cloud based VDI solution, where they will allow you to hosts the desktop and the fileservers and databases in the cloud, and handle all the paperwork for you. £50 per desktop per month. £100 per "server". VPN included.
Offices don't need PCs and Servers they need MSOffice and File Shares.
Sounds like Microsoft is crapping its pants at the possibility that it could face multi-trillion dollar liabilities at the hands of the Indian government. You see, security bugs are FAULTS. If your product has bugs it is faulty.
The Indian government could simply declare that the consequential losses were a direct result of security fault in Microsofts software that it had DELIBERATELY chosen not to fix.
You see, Microsofts ability to avoid liability for consequential loss via its EULA only stands while they are making efforts to provide fixes. Once they stop I would expect government and courts to begin stripping away that protection as problems arise, either through legal decisions or changes in the law.
My honest opinion is that MS will probably come up with some supplementary licencing scheme, where you will be able to buy an extension licence including rights to continue to download updates for say £30 a year, and probably include update download rights with Office365 and try and sign everyone up to that.
This is why...
This is why I shoot my victims in the face, like every other respectable killer.
Completely pointless - in 3 years filesharing and downloading will be largely shut down at the ISP level, and the market for multi-terabyte disks will become niche and there wont be the volumes there to make it profitable any more.
I had a call from TalkTalk
I had a call from TalkTalk asking if I would like to switch my phone line to TalkTalk.
The only people on earth who had my phone number were TalkTalk, as I had signed up a few months back to TalkTalk Business as their broadband service is good here. No-one else had the number - not even me - as I use Skype for all incoming calls.
TalkTalk used their own customer list to cold-call customers asking them if they would like to switch to TalkTalk. I wonder what the success rate was on that...
We all knew...
We all knew the the precedence was set with TPB that the numbers would increase near exponentially.
I'm guessing the next set of papers to get filed with and rubber stamped by the court with be 200+
After that 2000.
Within a couple of years ISPs will be using a whitelist of "approved" sites.
(Yes yes I know that isn't exponential, STFU.)
Wait a minute...
Didn't they recently permanently lose a load of customer data when it turned out they were only doing bi-hourly backups to save time and not mirroring the data.
Why the hell...
Why the hell aren't the ASA stamping on the other ISPs claims of "no limits" (but with "acceptable use policies") and bullcrap claims of speed? Someone somewhere is taking brown envelopes.
Remember - if someone is on Virgin media cable, the chances are even with a 75% speed reduction they would still get faster speeds than BT et al would give them.
I used to hate Virgin/NTL, but having experience BT service I'd take Virgin any day.
Re: Quite satisfied
RE: "but the DoJ's settlement was nothing but a corporatist sellout with the typical 'slap on the wrist' penalties."
The thing is, now they've settled in the one case, they'll have a damn hard job arguing against the other.
The amount of money involved is likely to be monstrous, and if it even gets as far as trial their share prices will plummet. The employees may well (quite rightly in my opinion) end up owning the companies they work(ed) for.
Re: @ James Micallef
Yeah I thought the same thing. In fact, if she even gets copies of the photos, she goes to jail years.
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