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echo: nthelp
to: Adam Flinton
from: Rich
date: 2004-03-01 14:23:40
subject: Re: https://rhn.redhat.com/errata/RHSA-2004-051.html

From: "Rich" 

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   I told you I'm not the one to ask for legal questions.  This will =
never change.  You however are willing to comment on this stuff so your =
position on your employer sun's disclaimer of responsibility would be =
both relevant and interesting.  After you comment on that I may have =
questions on the difference between your criticisms of your employer's =
competitors and your employer's own EULA which appears to make the very =
disclaimers you appear to be critical of.

Rich

  "Adam Flinton"  wrote in message =
news:4043b1f0{at}w3.nls.net...
  Rich wrote:

  I removed it for the same reason I didn't quote the MS EULA. Do you =
want=20
  me to quote them? Pointless waste of bandwidth (Ok so that's par for =
the=20
  course with you).


  Answer some of the questions I've asked instead of diverting =
constantly=20
  as I have answered diverting question after diverting question whereas =

  all you do is pose another question.

  Then again given you can confuse an operating system with an instant=20
  message client it's probably not surprizing that you can't answer =
simple=20
  questions.

  Adam



  >    I see you removed the text under discussion.  Please comment on =
the=20
  > following from your employer sun's EULA for its proprietary java=20
  > product.  Maybe by explaining this we can see what you are spinning =
when=20
  > you touch on the same from your employer's competitors.  Note in=20
  > particular that your employer disclaims all responsibility for its=20
  > product including the need to provide any fixes and even that it is=20
  > suitable for any purpose.  Also note that unlike your earlier =
nonsense=20
  > claims, Sun does claim copyright on this code for which it disclaims =

  > responsibility.  You can't even claim that they are just =
redistributing=20
  > someone else's code.
  > =20
  > =20




  >=20
  >       3.  DISCLAIMER OF WARRANTY.  You acknowledge that Software
  >       may contain errors and is not designed or intended for use
  >       in on-line control of aircraft, air traffic, aircraft
  >       navigation or aircraft communications; or in the design,
  >       construction, operation or maintenance of any nuclear
  >       facility ("High Risk Activities"). Sun and its licensors
  >       disclaim any express or implied warranty of fitness for
  >       such uses.  You represent and warrants to Sun that it will
  >       not use, distribute or license the Software for High Risk
  >       Activities.  SOFTWARE IS PROVIDED "AS IS".  ALL EXPRESS OR
  >       IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
  >       INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
  >       FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
  >       DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE
  >       HELD TO BE LEGALLY INVALID.
  >=20
  >       4.  LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHIBITED
  >       BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
  >       ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
  >       CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
  >       CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
  >       OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
  >       EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
  >       DAMAGES.  In no event will Sun's liability to you, whether
  >       in contract, tort (including negligence), or otherwise,
  >       exceed the amount paid by you for Software under this
  >       Agreement.  The foregoing limitations will apply even if
  >       the above stated warranty fails of its essential purpose.
  >=20
  > =20
  > Rich
  > =20
  >=20
  >     "Adam Flinton"      > wrote in message
  >     news:009385.616631{at}harborwebs.com...
  >      > From: "Rich" 
  >      > This is a multi-part message in MIME format.
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  >      > If you want legal advice ask a lawyer.  Personally I think =
you are =3D
  >      > still being a clueless idiot or simply continuing your =
tradition
  >     as a =3D
  >      > propagandist.
  >=20
  >     Nah I leave both those to you as you are obviously so naturally
  >     talented at
  >     them.
  >=20
  >=20
  >      > Maybe you can comment on the following from your employer =
Sun's
  >     EULA =3D
  >      > for java, you know, that proprietary product of your employer
  >     that you =3D
  >      > spin often.  My guess is that this is the kind of stuff you =
are
  >     trying =3D
  >      > to spin.
  >=20
  >     More diversion Rich? You have yet to answer a single question. =
If in
  >     doubt
  >     divert & then if found out go for the ad hominem. If that =
doesn't work
  >     desperately keep diverting.
  >=20
  >     As an example, what you quoted  doesn't change the fact that the =
MS EULA
  >     specifically excludes all responsibility. It doesn't change the =
fact
  >     that GAIM
  >     is not Linux.
  >=20
  >     When you feel like dealing with facts & answering questions =
instead of
  >     dissembling, diverting & otherwise making like a gyroscope, let =
me know.
  >=20
  >     Adam
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   I told
you I'm not the one =
to ask for=20
legal questions.  This will never change.  You however
are = willing to=20
comment on this stuff so your position on your employer sun's disclaimer = of=20
responsibility would be both relevant and interesting.  After you
= comment=20
on that I may have questions on the difference between = your criticisms=20
of your employer's competitors and your employer's own EULA which
= appears=20
to make the very disclaimers you appear to be critical of.
 
Rich
 

  "Adam Flinton" <adam_NO_{at}_SPAM_softfab.com=">mailto:adam_NO_{at}_SPAM_softfab.com">adam_NO_{at}_SPAM_softfab.com=
>=20
  wrote in message news:4043b1f0{at}w3.nls.net...Ri=
ch=20
  wrote:I removed it for the same reason I didn't quote the MS =
EULA. Do=20
  you want me to quote them? Pointless waste of bandwidth (Ok so =
that's par=20
  for the course with you).Answer
some of the questions =
I've=20
  asked instead of diverting constantly as I have answered diverting =

  question after diverting question whereas all you do is pose =
another=20
  question.Then again given you can confuse an operating system =
with an=20
  instant message client it's probably not surprizing that you can't =
answer=20
  simple =
questions.Adam>   
I see=20
  you removed the text under discussion.  Please comment on the =
>=20
  following from your employer sun's EULA for its proprietary java =
>=20
  product.  Maybe by explaining this we can see what you are =
spinning when=20
  > you touch on the same from your employer's
competitors.  =
Note in=20
  > particular that your employer disclaims all responsibility =
for its=20
  > product including the need to provide any fixes and even that =
it is=20
  > suitable for any purpose.  Also note that unlike your =
earlier=20
  nonsense > claims, Sun does claim copyright on this code for =
which it=20
  disclaims > responsibility.  You can't even claim that =
they are=20
  just redistributing > someone else's
code.>  =
> =20
  >
>      
=
3. =20
  DISCLAIMER OF WARRANTY.  You acknowledge that=20
 
Software>      
may contain =
errors and is=20
  not designed or intended for =
use>      =20
  in on-line control of aircraft, air traffic,=20
 
aircraft>      
navigation or =
aircraft=20
  communications; or in the =
design,>      =20
  construction, operation or maintenance of any=20
 
nuclear>      
facility ("High =
Risk=20
  Activities"). Sun and its=20
 
licensors>      
disclaim any =
express or=20
  implied warranty of fitness =
for>      =20
  such uses.  You represent and warrants to Sun that it=20
 
will>      
not use, distribute =
or=20
  license the Software for High =
Risk>      =20
  Activities.  SOFTWARE IS PROVIDED "AS IS". 
ALL EXPRESS=20
 
OR>      
IMPLIED CONDITIONS,=20
  REPRESENTATIONS AND =
WARRANTIES,>      =20
  INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,=20
 
FITNESS>      
FOR A PARTICULAR =
PURPOSE=20
  OR NON-INFRINGEMENT
ARE>      =20
  DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS=20
 
ARE>      
HELD TO BE LEGALLY=20
  INVALID.>
>      
4.  =

  LIMITATION OF LIABILITY.  TO THE EXTENT NOT=20
 
PROHIBITED>      
BY LAW, IN NO =
EVENT=20
  WILL SUN OR ITS LICENSORS BE LIABLE=20
 
FOR>      
ANY LOST REVENUE, =
PROFIT OR=20
  DATA, OR FOR SPECIAL, =
INDIRECT,>      =20
  CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,=20
 
HOWEVER>      
CAUSED REGARDLESS =
OF THE=20
  THEORY OF LIABILITY, ARISING =
OUT>      =20
  OF OR RELATED TO THE USE OF OR INABILITY TO USE=20
 
SOFTWARE,>      
EVEN IF SUN HAS =
BEEN=20
  ADVISED OF THE POSSIBILITY OF =
SUCH>      =20
  DAMAGES.  In no event will Sun's liability to you,=20
 
whether>      
in contract, tort=20
  (including negligence), or=20
 
otherwise,>      
exceed the =
amount paid=20
  by you for Software under =
this>      =20
  Agreement.  The foregoing limitations will apply even=20
 
if>      
the above stated =
warranty fails=20
  of its essential purpose.> > 
> =
Rich> =20
  >
>     "Adam
Flinton" <Adam.Flinton{at}harborwebs.commailto:Adam.Flinton{at}harborwebs.com">Adam.Flinton{at}harborwebs.com
A>>    =20
  <mailto:Adam.Flinton{at}harborweb=">mailto:Adam.Flinton{at}harborwebs.com">mailto:Adam.Flinton{at}harborweb=
s.com>>=20
  wrote in message>     news:009385.616631{at}harborwebs.=
com...>     =20
  > From: "Rich"
<{at}>>     
> =
This is=20
  a multi-part message in MIME =
format.>     =20
  >=20
  =
------=3D_NextPart_000_0316_01C3FDF9.0FBF1190>   &n=
bsp; =20
  > Content-Type:
text/plain;>     
=
>=20
 
charset=3D"iso-8859-1">     
>=20
  Content-Transfer-Encoding:=20
 
quoted-printable>     
> If you =
want legal=20
  advice ask a lawyer.  Personally I think you are=20
  =3D>     
> still being a clueless =
idiot or=20
  simply continuing your
tradition>     as a=20
  =3D>     
> propagandist.>=20
  >     Nah I leave
both those to you as you =
are=20
  obviously so
naturally>    
talented=20
  at>    
them.> >=20
  >     
> Maybe you can comment on =
the=20
  following from your employer
Sun's>     =
EULA=20
  =3D>     
> for java, you know, =
that=20
  proprietary product of your
employer>     =
that you=20
  =3D>     
> spin often.  My =
guess is=20
  that this is the kind of stuff you
are>     =
trying=20
  =3D>     
> to spin.>=20
  >     More diversion
Rich? You have yet to =
answer a=20
  single question. If in>    =20
  doubt>     divert
& then if found out =
go for=20
  the ad hominem. If that doesn't
work>    =20
  desperately keep diverting.>
>     =
As an=20
  example, what you quoted  doesn't change the fact that the MS=20
  EULA>    
specifically excludes all =
responsibility.=20
  It doesn't change the
fact>     that=20
  GAIM>     is not
Linux.>=20
  >     When you feel
like dealing with facts =
&=20
  answering questions instead
of>     =
dissembling,=20
  diverting & otherwise making like a gyroscope, let me =
know.>=20
  >    
Adam

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