Comments on: QoTD: Bill Hilf http://bethesignal.org/blog/2007/11/18/qotd-bill-hilf/ where we're going, we don't need roads... Fri, 21 Nov 2008 13:37:48 +0000 http://wordpress.org/?v=2.6.3 By: tecosystems » links for 2007-11-21 http://bethesignal.org/blog/2007/11/18/qotd-bill-hilf/#comment-2494 tecosystems » links for 2007-11-21 Wed, 21 Nov 2007 05:30:14 +0000 http://perkypants.org/blog/2007/11/18/qotd-bill-hilf/#comment-2494 [...] QoTD: Bill Hilf “Of course, when Hilf says ‘commercial’, he really means ‘proprietary’ ” - a common euphemism (tags: commercial proprietary opensource billhilf jeffwaugh) [...] […] QoTD: Bill Hilf “Of course, when Hilf says ‘commercial’, he really means ‘proprietary’ ” - a common euphemism (tags: commercial proprietary opensource billhilf jeffwaugh) […]

]]> By: fraggle http://bethesignal.org/blog/2007/11/18/qotd-bill-hilf/#comment-2483 fraggle Sun, 18 Nov 2007 17:06:28 +0000 http://perkypants.org/blog/2007/11/18/qotd-bill-hilf/#comment-2483 From the Windows XP EULA: 17. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 18. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Microsoft and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Microsoft with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 15, 16 and 17) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. From the Windows XP EULA:

17. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Microsoft and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Microsoft with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 15, 16 and 17) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

]]> By: Jussi Kukkonen http://bethesignal.org/blog/2007/11/18/qotd-bill-hilf/#comment-2478 Jussi Kukkonen Sun, 18 Nov 2007 12:35:49 +0000 http://perkypants.org/blog/2007/11/18/qotd-bill-hilf/#comment-2478 It's a dangerous game he's playing with language... I do believe more and more people will ask the right question after reading that quote: "But... why the hell am I paying for software if I'm really looking for [a guarantee|support|other service]?" It’s a dangerous game he’s playing with language… I do believe more and more people will ask the right question after reading that quote: “But… why the hell am I paying for software if I’m really looking for [a guarantee|support|other service]?”

]]> By: Rusty http://bethesignal.org/blog/2007/11/18/qotd-bill-hilf/#comment-2475 Rusty Sun, 18 Nov 2007 07:50:33 +0000 http://perkypants.org/blog/2007/11/18/qotd-bill-hilf/#comment-2475 Hasn't read many license agreements I gather. You know, the ones that point out that the manufacturer shall not be held liable for the performance or non-performance of the software for any intended purposes, and that they also will not be held liable for the destruction of your data or hardware. Hasn’t read many license agreements I gather. You know, the ones that point out that the manufacturer shall not be held liable for the performance or non-performance of the software for any intended purposes, and that they also will not be held liable for the destruction of your data or hardware.

]]> By: Juri Pakaste http://bethesignal.org/blog/2007/11/18/qotd-bill-hilf/#comment-2474 Juri Pakaste Sun, 18 Nov 2007 07:41:06 +0000 http://perkypants.org/blog/2007/11/18/qotd-bill-hilf/#comment-2474 Yeah. And by "liable", he means "not liable as specified by the EULA no-one reads", doesn't he? Yeah. And by “liable”, he means “not liable as specified by the EULA no-one reads”, doesn’t he?

]]> By: Malcolm Tredinnick http://bethesignal.org/blog/2007/11/18/qotd-bill-hilf/#comment-2473 Malcolm Tredinnick Sun, 18 Nov 2007 07:23:01 +0000 http://perkypants.org/blog/2007/11/18/qotd-bill-hilf/#comment-2473 Wow. There's almost nothing in that statement that is true (except that it probably has been tested for certain subsets of use). Wow. There’s almost nothing in that statement that is true (except that it probably has been tested for certain subsets of use).

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