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Pebble has recaptured the top spot for most-funded project on Kickstarter

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Re: Pebble has recaptured the top spot for most-funded project on Kickstarter

#41

Post by freehunter »

Decade wrote: post #32
freehunter wrote: post #27

Earlier quoted context omitted.

The way he mischaracterized it, no. If its illegal, it's illegal, and no contract is valid when it forces someone to do something illegal. The way it's actually worded, yes, most contracts will specify this. The way it's actually worded really means "if a certain part of this agreement is found to be invalid, the other (still valid) parts are still enforceable. Basically, if part of the contract is void, you can't vo…

It's very common to include the "other provisions hereof shall remain in full force" clause. I'm fine with that. But this is the first time I've seen "the court should endeavor to give effect to the parties' intentions as reflected in the provision," and I don't like the uncertainty about that, especially given my objection to Section II paragraph 2.

If you search Google for that term, you'll find out how common it actually is. The first few results I see:

Pearson

Kentucky Fried Chicken

Instagram

Western Michigan University

Florida State University

Call of Duty

NFL

MIT

City and County of San Francisco

Cloudflare

Yahoo

WoWHead

So whatever your uncertainty about it, it's not an uncommon legal concept, and you may already have agreed to it in the ToS of another service you use or company you do business with.

edit - In fact, Apple combines those two clauses together in their ToS, but most assuredly they do have that stipulation:

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties...

http://www.apple.com/legal/internet-services/itunes/us/terms...

Re: Pebble has recaptured the top spot for most-funded project on Kickstarter

#42

Post by freehunter »

Shivetya wrote: post #28
DannoHung wrote: post #26

Earlier quoted context omitted.

Pish-posh. How can you complain about the screen not always being on and it not being good for swimming and then refer to Jobs trimming the superflous? Don't you remember when the iPhone came out? No keyboard! Harumph! It only has a battery life of one day! Harumph! No flash! Harumph! I mean, do you remember how much of the web was in flash in 2007? Also, do you remember what was essential about a cellular phone in 2…

Essential apparently is gold tinting to gold plating. It should have been evident from the iPhone 5 series that Apple went in full force for the pretentious crowd by issue a gold colored iPhone. The Apple Watch emphasizes style and style choices more than any other feature. So while I will happily keep my iPhone, iMac, and my parents their iPads, I see no reason to buy a product built for style more so than functiona…

The outrage when they started offering a white iPhone too. Colors are bad, everyone knows that. Heck, my TV is black and white, and even that's one color too many.

Re: Pebble has recaptured the top spot for most-funded project on Kickstarter

#44

Post by rjvir »

diego_moita wrote: post #17

It is ironic how Pebble looks a lot more like an Apple product than the AppleWatch itself. Apple made a product that aligns with its long term strategies but delivers very poorly the most fundamental and essential functionality. The AppleWatch has short battery life, its screen is not always on, is not waterproof, its interface is not intuitive... And what we get in return? You can send your heartbeat through bluetoo…

How do you know what Steve Jobs would have done? Wouldn't Cook, Ive, and others who have worked next to him for over a decade be better equipped to make product judgements than any of us?

Re: Pebble has recaptured the top spot for most-funded project on Kickstarter

#45

Post by sp332 »

Domenic_S wrote: post #10
akerl_ wrote: post #6

Earlier quoted context omitted.

https://en.wikipedia.org/wiki/No_true_scotsman What facet of being "true" crowdfunding did they not satisfy?

1) They easily could have raised all the capital they needed 2) They're already a successful company

Capital is not the same thing as sales. And with $20m (less fees) in the bank they can get even more VC money if that's what they want to do.

Re: Pebble has recaptured the top spot for most-funded project on Kickstarter

#46

Post by sp332 »

wvenable wrote: post #33
Decade wrote: post #13

Earlier quoted context omitted.

For me, it was because Pebble created a reputation as a hacker-friendly watch, as opposed to Apple and Google's closed gardens. Then I looked more into the Pebble, and discovered that it's a closed garden every bit as restrictive as Apple and Google, only with more distance between the walls. So, I canceled my order. In particular, from the Terms of Use[0]: Section II, paragraph 2, sentence 2: Do not reverse-engineer…

I completely and obviously violated their SDK terms of service and for that they sent me a few T-shirts and other Pebble swag.

They should really change the ToS then.

Re: Pebble has recaptured the top spot for most-funded project on Kickstarter

#47

Post by Tloewald »

diego_moita wrote: post #17

It is ironic how Pebble looks a lot more like an Apple product than the AppleWatch itself. Apple made a product that aligns with its long term strategies but delivers very poorly the most fundamental and essential functionality. The AppleWatch has short battery life, its screen is not always on, is not waterproof, its interface is not intuitive... And what we get in return? You can send your heartbeat through bluetoo…

Frankly, I think the Apple Watch (as it currently is) and the Pebble are both less useful than not needing to remember to wear or recharge a watch.

Re: Pebble has recaptured the top spot for most-funded project on Kickstarter

#48

Post by kweinber »

Shivetya wrote: post #28
DannoHung wrote: post #26

Earlier quoted context omitted.

Pish-posh. How can you complain about the screen not always being on and it not being good for swimming and then refer to Jobs trimming the superflous? Don't you remember when the iPhone came out? No keyboard! Harumph! It only has a battery life of one day! Harumph! No flash! Harumph! I mean, do you remember how much of the web was in flash in 2007? Also, do you remember what was essential about a cellular phone in 2…

Essential apparently is gold tinting to gold plating. It should have been evident from the iPhone 5 series that Apple went in full force for the pretentious crowd by issue a gold colored iPhone. The Apple Watch emphasizes style and style choices more than any other feature. So while I will happily keep my iPhone, iMac, and my parents their iPads, I see no reason to buy a product built for style more so than functiona…

One thing to realize is that Apple is gearing more of their products to the Chinese market with the golds, reds and other cosmetic choices.

The other thing to note is that Ive is a silversmith's son so he may be drawn to metallurgical interests and choices from a deep psychological place.

Re: Pebble has recaptured the top spot for most-funded project on Kickstarter

#49

Post by Decade »

freehunter wrote: post #41
Decade wrote: post #32

Earlier quoted context omitted.

It's very common to include the "other provisions hereof shall remain in full force" clause. I'm fine with that. But this is the first time I've seen "the court should endeavor to give effect to the parties' intentions as reflected in the provision," and I don't like the uncertainty about that, especially given my objection to Section II paragraph 2.

If you search Google for that term, you'll find out how common it actually is. The first few results I see: Pearson Kentucky Fried Chicken Instagram Western Michigan University Florida State University Call of Duty NFL MIT City and County of San Francisco Cloudflare Yahoo WoWHead So whatever your uncertainty about it, it's not an uncommon legal concept, and you may already have agreed to it in the ToS of another serv…

The other companies don't claim to be hacker-friendly, except for MIT, nor do they try to forbid you from making your own thing or practicing free speech.

Pearson sucks. Why would anybody want to be compared to Pearson?

Re: Pebble has recaptured the top spot for most-funded project on Kickstarter

#50

Post by Decade »

wvenable wrote: post #33
Decade wrote: post #13

Earlier quoted context omitted.

For me, it was because Pebble created a reputation as a hacker-friendly watch, as opposed to Apple and Google's closed gardens. Then I looked more into the Pebble, and discovered that it's a closed garden every bit as restrictive as Apple and Google, only with more distance between the walls. So, I canceled my order. In particular, from the Terms of Use[0]: Section II, paragraph 2, sentence 2: Do not reverse-engineer…

I completely and obviously violated their SDK terms of service and for that they sent me a few T-shirts and other Pebble swag.

And Mark Russinovich got an executive job at Microsoft. That doesn't make the Windows license(s) any more palatable.
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