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OS X El Capitan License: in Plain English

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Re: OS X El Capitan License: in Plain English

#31

Earlier quoted context omitted.

The tech industry sold its soul, mainly because of Apple, and standardized on the "free" H.264/MPEG standard for videos. The caveat is that it is only free to end users for consumption (hence "free") and the bits included to handle encoding/decoding within your operating system or browser, doesn't legally allow you to produce content for others to consume.

H.264 comprises a ridiculous number of companies. It isn't just Apple. As we saw with VP8 there is no such thing as a truly free and open codec. Back in the day MPEG-LA was going to setup a VP8 patent pool but didn't bother and instead just licensed Google the infringing patents. If they didn't do this VP8 could have been open but not free. There are just too many large and powerful players with competing interests a…

The only way to fix the situation is to exempt all file formats from patent claims as it is clearly anticompetitive.

This is clearly the correct answer, or at least part of it. Many real world problems in the technology industries would never have existed if intellectual property laws could not be applied to restrict communication and compatibility. Allowing patents to effectively restrict the transfer of data, because the tools available to either or both parties effectively require patented formats or similar, is either a tax on communication or a tool for censorship, depending primarily on the willingness of the patent holder to licence on useful terms.

Ironically, the US actually got this right in the case of fonts and copyrights, in that while a specific program to describe a font might be subject to copyright, the design of the font itself is not. Thus unlike certain other creative industries, no-one can go around claiming royalties on every publication displayed in a sans serif font because it looks a bit similar to something from the early 1900s and (insert dubious legal argument about derivative works restarting the copyright clock here).

Re: OS X El Capitan License: in Plain English

#32

This was both insightful and highlights, i would argue, an unmet need. I would love simple write ups like this for specific software licenses. In theory, tldrlegal.com is positioned to take this on, but in my experience they tend to deal with more pervasive licenses like MIT, GNU, etc.

I always include a "plain english" copy of my contracts when I send them to customers. I state that it's there for reference only, not a substitute for a lawyer on their part, but that I've made the best effort to make it representative of the contract. Most of my client love it, some don't care, but I think it's something that has helped a lot of folks. I think most contracts should have one.

Re: OS X El Capitan License: in Plain English

#34
post #25
post #22

> Apple didn’t sell me this software. They still own it, in fact. I’m just borrowing it. Does this also apply to older versions of OS X that are actually paid for (such as Snow Leopard and Mountain Lion)? Or is this only for the "free" versions like Yosemite and El Capitan?

It applies to pretty much all software: you're licensing it, not buying.

Though it's actually a very bad summary in this particular case. If you've paid real money for a permanent copy of some software then in many jurisdictions you do effectively own that copy of the software. In those places, there may be quite severe restrictions on what the copyright holder can then restrict you from doing with your copy, even though they retain the main rights to the software itself, and in some cases there have been lawsuits which have made it to court and upheld limitations on the rightsholders' powers.

Even where there used to be potential distinctions between physical copies and things you acquired in purely digital form such as on-line downloads, the law is catching up in a lot of places. It's just doing so painfully slowly compared to the pace of development of technology, and sometimes with a few accidental/deliberate (delete as applicable) loopholes written into the newer laws that still seem rather favourable to copyright holders and the like.

Re: OS X El Capitan License: in Plain English

#35
Its weird that we do this dance, no one reads the terms and we if we ever have to choose between the agreement and our immediate need well... If a client needs you to spin up a vm but you're already running two who gives a rat's behind!

Re: OS X El Capitan License: in Plain English

#37
post #32

This was both insightful and highlights, i would argue, an unmet need. I would love simple write ups like this for specific software licenses. In theory, tldrlegal.com is positioned to take this on, but in my experience they tend to deal with more pervasive licenses like MIT, GNU, etc.

I always include a "plain english" copy of my contracts when I send them to customers. I state that it's there for reference only, not a substitute for a lawyer on their part, but that I've made the best effort to make it representative of the contract. Most of my client love it, some don't care, but I think it's something that has helped a lot of folks. I think most contracts should have one.

Should there be an intermediary the client needs to sign that the summary isn't a perfect representation of the contract? Kidding, of course. Mostly.

Re: OS X El Capitan License: in Plain English

#40
"I can't use El Captain with illegal copies of anyone's stuff" or break any local law. In which case I must delete everything.

Do you think Apple is required to write this? or is it just lawyers maxing out on the possibilities of licensing?

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