Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
(OP)
Well, I guess this issue hasn't yet slithered away to oblivion. Check out this article in Cadalyst regarding First Sale doctrine regarding reselling software:
htt p://manage ment.cadal yst.com/ca dman/artic le/article Detail.jsp ?id=547307
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Jeff Mowry
www.industrialdesignhaus.com
A people who value security over freedom will soon find they have neither.






RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
Chris
SolidWorks/PDMWorks 08 3.1
AutoCAD 08
ctopher's home (updated Aug 5, 2008)
ctopher's blog
SolidWorks Legion
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
Introducing--in the near future--cloud computing, such that software will be meted out by time. I'll bet all the big players in software are looking heavily into this subject. Ug.
Jeff Mowry
www.industrialdesignhaus.com
A people who value security over freedom will soon find they have neither.
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
Like it or not, cloud computing is coming with SaaS (software as a service). Companies like Arena Solutions with Arena PLM are proving it can be successful for the engineering market. I think it solves some of the software companies issues with piracy, the subscription model, updating software, distributing software, dealing with users faulty hardware, etc... Of course I think it would be in their best interest to offer a cloud based version along with an "offline" version so users could pick what they preferred.
Pete
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
As far as software companies claiming they are not selling software? This is just fantasy. It also is a practice of hostilty towards customers to try to enforce such ridiculous claims. It's not just about the publishing companies themselves. It is also the general rights of every citizen, along with the rights of other companies (customers or otherwise). It would hurt the economy and civil rights if First Sale Doctrine is weakened. This is no small issue.
Matt Lorono
CAD Engineer/ECN Analyst
Silicon Valley, CA
Lorono's SolidWorks Resources
Co-moderator of Solidworks Yahoo! Group
and Mechnical.Engineering Yahoo! Group
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
Matt, Could you explain why? I think there could be a great amount of value there for small companies. I would expect FEA to be the first offering available in a cloud based setting. I would love to be able to upload an FEA model and have the cloud based solution crunch away on hardware thats orders of magnitude more powerful than what I would be willing to pay for. I could then continue to work away on something else - unhindered. Small companies would be able to benefit tremendously from this without having to purchase and maintain the hardware that was previously only an option for large companies with large budgets for this type of thing. SolidWorks is already experimenting with this in SolidWorks Labs with the cloud based Cosmos Xpress. Just because its cloud based, doesn't mean it couldn't be a combo of things for a while. who says your data has to be stored only locally, or only online - why not both. Why not be able to synchronize data between offline and online so you have the choice - work offline or work locally. Google tried originally to make all cloud based solutions and realized they needed an offline mode for Google Gears. Microsoft had been saying all along that they see the future being a mixture of the two. I think it may be a a little cultural barrier for some people to get acustomed to using software over the internet and will take some time for folks to migrate. I would expect as typical the younger generation to be more apt to use a cloud based solution.
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
"thinks not"
--
Hardie "Crashj" Johnson
SW 2008 SP4
Nvidia Quadro FX 1000
AMD Athalon 1.8 GHz 2 Gig RAM
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
-handleman, CSWP (The new, easy test)
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
And I also agree with handleman, that such cloud computing for the every-day stuff I design would be a hassle for similar reasons. Either way, cloud computing isn't something I want foisted on me by a software company--still lots of bugs to work out in terms of efficiency and reliability. But that IS the direction I believe software companies will push in the next few years (unfortunately).
Jeff Mowry
www.industrialdesignhaus.com
A people who value security over freedom will soon find they have neither.
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
You would just need a fast internet connection and a less expensive peice of local hardware. A fast internet connection is not all that pricey anymore. Not saying cloud based stuff is right around the corner, but it is coming. Don't think we should put limits on where it might go based on current internet access speeds. I am sure CAD might be one of larger apps to go online - but it could be possible. Technically - whats being done on sites like second life is quite amazing - though I think its weird... I don't know how much bandwidth would be taken up with interacting with things either. Refreshing screens and sending ineterface data (clicks and keyboard entry) is probably not that high. It is also interesting to see what Microsoft is doing with application streaming. I am not necessarily arguing for cloud based CAD apps - just saying I think it kind of seems inevitable when you look at all the development that is going on right now that is leading in that direction.
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
I don't think you understand my situation. I work in a small division of a large facility (>3000 people) of a large multinational corporation. I can't do anything about the internet connection, and my company is unwilling to. It takes about 30 seconds to download a 1MB file. Streaming video doesn't. Don't get me started on the internal network. Suffice it to say that a lot would have to change in my company before cloud computing would be viable.
-handleman, CSWP (The new, easy test)
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
Jeff Mowry
www.industrialdesignhaus.com
A people who value security over freedom will soon find they have neither.
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
It is all fantasy and rather uncapitalistic. In fact, the idea that software companies are special and how these companies treat their customers is more like reverse-communism (instead of the authority paying the workers their daily bread, the workers pay the authority its yearly tithe). It's rather unamerican. It has to change sooner or later.
Matt Lorono
CAD Engineer/ECN Analyst
Silicon Valley, CA
Lorono's SolidWorks Resources
Co-moderator of Solidworks Yahoo! Group
and Mechnical.Engineering Yahoo! Group
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
I can buy and sell a car that has thousands of active patents on IP found within the construction of the car. Why is software code different? I don't license an automobile except in the case of a lease--in which case we again return to a limited term of time for using the automobile. Software licenses don't even attempt to follow that rule.
So what rules do software licenses follow? Whatever the company says in the EULA? That's hardly a contract able to be enforced. In fact, software companies--in their blatant zeal to control users--have even been disallowed the reading of this so-called contract before requiring agreement by the customer. Ever see a license agreement in the form of a red label on the packaging that says something like, "In opening packaging, user agrees to all the terms of the enclosed EULA"? How is that even possible? I cannot truly "agree" to any binding contractual clauses I've not read, can I? How is that legal? How does anyone outside the software industry ever get away with such a thing? (They don't.)
And that brings us to another of your points, Matt. Many laws are not written by lawmakers these days. In fact, many are not even READ by lawmakers--they literally have not read what they pass into law (much less understand it). And yet they're OK with such ignorance. In fact, it pays by the hundreds of thousands of dollars to remain ignorant. (I call it treason.) So lobbyists pay and get their way, the trusted lawmakers remain totally ignorant and essentially play the host of parasites, to do their bidding. If we think we've got problems with special rules in the software arenas, we've certainly got bigger problems with how binding laws are put into effect. And we'll soon feel the percussive force of such bad decisions.
Jeff Mowry
www.industrialdesignhaus.com
A people who value security over freedom will soon find they have neither.
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
Matt Lorono
CAD Engineer/ECN Analyst
Silicon Valley, CA
Lorono's SolidWorks Resources
Co-moderator of Solidworks Yahoo! Group
and Mechnical.Engineering Yahoo! Group
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
Jeff Mowry
www.industrialdesignhaus.com
A people who value security over freedom will soon find they have neither.
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
http://www.fcsuper.com/swblog/?p=118
(Stars to fcsuper.)
Jeff Mowry
www.industrialdesignhaus.com
A people who value security over freedom will soon find they have neither.
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
Thank you for the comment. The article is here:
http://www.fcsuper.com/swblog/?p=118
I am thinking about making a well sourced publishable version as well. However, it's a enough right now to use as a source for letters to your congresspersons, if one feels so inclined. :)
Matt Lorono
CAD Engineer/ECN Analyst
Silicon Valley, CA
Lorono's SolidWorks Resources
Co-moderator of Solidworks Yahoo! Group
and Mechnical.Engineering Yahoo! Group
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
Jeff Mowry
www.industrialdesignhaus.com
A people who value security over freedom will soon find they have neither.
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
ht
RE: Even Jeff Ray comments on this Cadalyst article on First Sale doctrine
Matt Lorono
CAD Engineer/ECN Analyst
Silicon Valley, CA
Lorono's SolidWorks Resources
Co-moderator of Solidworks Yahoo! Group
and Mechnical.Engineering Yahoo! Group