That Vista licensing agreement you were thinking of accepting

Mark Rasch, an IT lawyer, has a wonderful essay on the problems raised by the Vista EULA. The nub of it is this:

The terms of the Vista EULA, like the current EULA related to the “Windows Genuine Advantage,” allows Microsoft to unilaterally decide that you have breached the terms of the agreement, and they can essentially disable the software, and possibly deny you access to critical files on your computer without benefit of proof, hearing, testimony or judicial intervention. In fact, if Microsoft is wrong, and your software is, in fact, properly licensed, you probably will be forced to buy a license to another copy of the operating system from Microsoft just to be able to get access to your files, and then you can sue Microsoft for the original license fee. Even then, you wont be able to get any damages from Microsoft, and may not even be able to get the cost of the first license back…

Worth reading in full. Many thanks to Chris Walker for the link.

The benefits of hindsight

Google stock passed the $500 a share barrier yesterday. (It was $85 on launch day.) Ah! — isn’t hindsight a wonderful thing? Meanwhile, the NYT comments:

Google now has a market value of $156 billion, exceeding all but 13 American companies — icons of commerce like Exxon Mobil, Johnson & Johnson and Wal-Mart. It is worth more than any media company and all the technology companies except Microsoft, whose software empire it increasingly threatens, and Cisco Systems.

Google’s success has made its founders, Sergey Brin and Larry Page, the 12th- and 13th-richest people in the United States, according to Forbes — and, at 33, the youngest in the top 400. Their shareholdings are worth more than $15 billion each, on top of the more than $2 billion in cash that each has received for selling some shares…

Novell’s Faustian bargain

Very good openDemocracy piece by Felix Cohen and Becky Hogge on the implications of the deal between Microsoft and Novell (memorably summarised by Dana Gardner at ZDNet in the headline “Fox marries chicken, both move into henhouse”)…

On 2 November, Novell and Microsoft announced a “broad collaboration on Windows and Linux interoperability and support”. The main aim was to provide reassurance and support to companies that required Linux and Windows to operate on the same hardware, in so-called “virtualisation” environments. But the small print revealed a patent licensing agreement and mutual covenant not to sue over patent infringements. This, many feared, would give Microsoft vital fresh ammunition for its steady fire of unsubstantiated claims that Linux infringes Microsoft’s patents. In effect, Microsoft had asked Novell the classic loaded question “when did you stop beating your wife?”, and Novell had unwisely attempted an answer…

Wacky panorama

I was in Oxford today for a meeting at Queen’s and afterwards I walked briskly along Broad Street. The city was entrancing in the afternoon sunshine. It’s got so much lovely honey-coloured stone. I tried to take a panoramic sequence of Balliol as I sped along, rushing to catch a bus. The moral — as you can see from the result — is: never do panoramas in a hurry!

I love Balliol. It’s such an architectural jumble. I’m reminded of the story of Benjamin Jowett, the celebrated Master, coming out of the front gate and being confronted by some market stalls. He queried the price of some goods. The aggrieved stallholder protested to him that it was “impossible for an honest man to make a living, these days”. “Well, my good man”, said Jowett, “cheat as little as you can”.

I’d love to have known Jowett (though I am pretty sure the feeling would not have been reciprocated). He was a great reformer of Oxford traditions whose motto was “Never retreat. Never explain. Get it done and let them howl.” According to Wikipedia, a Balliol undergraduate described him in doggerel thus:

First come I. My name is Jowett.
There’s no knowledge but I know it.
I am the Master of this College,
What I don’t know isn’t knowledge.

Balliol used to be famous for producing graduates who ran the country (including a raft of British prime ministers, though not Tony Blair). Geoffrey Madam said that “at the top of every tree there is an arboreal slum of Balliol men”. In the 1930s it had a reputation as a haven for liberals. Evelyn Waugh and his reactionary friends once provoked a riot in an Oxford cinema by shouting “Well rowed, Balliol!” when a film showed a group of South American natives paddling briskly along in a dug-out canoe.

Is that my cow mooing or your phone ringing?

Hmmm… I’m not someone who downloads ringtones (though enough people do to make it a $500 million a year market in the US), but if I were, I think I’d be interested in Phonezoo. It allows you to upload digital files so that they can be downloaded as ringtones — for free. I particularly like the one of cows mooing — especially as it is unlikely to attract the attention of RIAA lawyers.

Fleet Street’s maiden aunts

Peter Wilby, writing in the New Statesman, has picked up on my rant about why young people don’t like newspapers — and taken the argument a useful step further. Here’s part of what he says:

Newspapers have never been good at picking up and responding positively to major social and cultural shifts

The Observer’s internet columnist John Naughton spoke the truth to the Society of Editors annual conference in Glasgow this month. Young people aren’t buying newspapers, he said, because the press portrays them as “hateful, spiteful, antisocial” criminals. To that, I would add that newspapers portray the schools, colleges and universities young people attend as incompetent and ill-disciplined. With standards plummeting, according to the press, A-levels and degrees aren’t worth the paper they’re written on. Half the courses are in joke subjects.

School leavers are illiterate and unemployable. The only decent young people, apart from soldiers, are those killed or beaten up by the savage creatures who make up most of their peer group.

Then there’s drugs and sex. You will find lots of pieces discussing the pros and cons of tobacco and alcohol, but cannabis and ecstasy are simply damned without reservation. Evidence that anybody under 18 is even thinking about sex – or being encouraged by teachers to do so – is taken as a sure sign of social disintegration. As for fellatio, news editors probably think it sends you blind.

A handful of columnists, such as the Independent’s Johann Hari and Catherine Townsend and the London Evening Standard’s Laura Topham, give an authentic hint of young people’s attitudes and daily lives. But they are lone voices among what resembles a chorus of maiden aunts, circa 1953…

Great stuff. Thanks to Roy Greenslade for the link.

Yahoo’s woes: the Wall Street view

From today’s New York Times

Despite contrasting opinions, analysts and stockholders of Yahoo generally agree on what ails it. And there is a consensus that if it remained an underachiever, it would be a candidate for takeover.

The main problem is that Yahoo has not been nearly as good as Google at reaping profits from the huge volume of search traffic it attracts. Yahoo’s search revenue in the third quarter was $191 million, versus $911 million for Google, Mr. Post’s report estimated.

“Yahoo touches one out of every two people on the Internet every month, which is unparalleled reach,” said Randy Befumo, co-director of research at Legg Mason, which holds some 40 million Yahoo shares in various accounts, including funds run by Bill Miller, Legg Mason’s marquee mutual fund manager. Despite the fact that Yahoo actually has more traffic than Google,” Mr. Befumo said, Google has more revenue. “So there definitely is a problem with Yahoo’s monetization.”

According to Mr. Post, who also points to this issue, each domestic search generates about 4 cents for Yahoo, compared with 11 cents a search at Google….

Oh no — not another article about Wikipedia’s failings

Yet another tired article on the subject of “Can Wikipedia Ever Make the Grade?” Wonder why people continue to publish this stuff — especially a supposedly high-class site like The Chronicle (of Higher Education)? The article starts in the predictable way of such guff — with a good-news story:

Two years ago, when he was teaching at the State University of New York at Buffalo, the professor hatched a plan designed to undermine the site’s veracity — which, at that time, had gone largely unchallenged by scholars. Adopting the pseudonym “Dr. al-Halawi” and billing himself as a “visiting lecturer in law, Jesus College, Oxford University,” Mr. Halavais snuck onto Wikipedia and slipped 13 errors into its various articles. He knew that no one would check his persona’s credentials: Anyone can add material to the encyclopedia’s entries without having to show any proof of expertise.

Some of the errata he inserted — like a claim that Frederick Douglass, the abolitionist, had made Syracuse, N.Y., his home for four years — seemed entirely credible. Some — like an Oscar for film editing that Mr. Halavais awarded to The Rescuers Down Under, an animated Disney film — were more obviously false, and easier to fact-check. And others were downright odd: In an obscure article on a short-lived political party in New Brunswick, Canada, the professor wrote of a politician felled by “a very public scandal relating to an official Party event at which cocaine and prostitutes were made available.”

Mr. Halavais expected some of his fabrications to languish online for some time. Like many academics, he was skeptical about a mob-edited publication that called itself an authoritative encyclopedia. But less than three hours after he posted them, all of his false facts had been deleted, thanks to the vigilance of Wikipedia editors who regularly check a page on the Web site that displays recently updated entries. On Dr. al-Halawi’s “user talk” page, one Wikipedian pleaded with him to “refrain from writing nonsense articles and falsifying information.”

Mr. Halavais realized that the jig was up.

Writing about the experiment on his blog (http://alex .halavais.net), Mr. Halavais argued that a more determined “troll” — in Web-forum parlance, a poster who contributes only inflammatory or disruptive content — could have done a better job of slipping mistakes into the encyclopedia. But he said he was “impressed” by Wikipedia participants’ ability to root out his fabrications. Since then several other high-profile studies have confirmed that the site does a fairly good job at getting its facts straight — particularly in articles on science, an area where Wikipedia excels.

Experienced readers will know what follows next — the “but” clause. And, lo!, here it is:

Among academics, however, Wikipedia continues to receive mixed — and often failing — grades. Wikipedia’s supporters often portray the site as a brave new world in which scholars can rub elbows with the general public. But doubters of the approach — and in academe, there are many — say Wikipedia devalues the notion of expertise itself.

The rest of the piece then rehashes a lot of old stuff that anyone with access to an RSS feed has read a thousand times. What I’d really like to see is something that moves on the discussion about user-generated reference material.

Don’t wake the auditors – they’re asleep

Nice acerbic column by Ruth Sunderland…

Auditors at Ernst & Young would not notice a black hole if they fell into one. The firm checked the books of collapsed Christmas club Farepak for a number of years, yet failed to raise any alarms of a looming collapse.

That will come as little surprise to savers with Equitable Life. Ernst & Young gave the failed insurer a clean bill of health before a £1.5bn chasm opened in its accounts.

E&Y, unlike the poor families whose Christmas is blighted, did very well out of Farepak. It charged £144,000 in fees for its 2005 group audit and £77,000 in 2004. Unbelievably, it is refusing to make any donations to the Farepak Response Fund, saying it would be ‘inconsistent with our responsibilities as auditors to make payment to creditors’. That statement has all the hallmarks of a company being led by its lawyers rather than its moral sense…