Under Pressure From Shareholders, M$ Folds, Promising To Be Good

“DiPhilipo and Barovic issued separate demands on the Board to investigate and commence an action against certain current and/or former directors and executive officers of the Company. Plaintiffs’ demands were substantially identical and were reviewed by a Demand Review Committee (the “DRC”) consisting of Individual Defendants Luczo and Dublon. Based on the recommendation of the DRC, assisted by independent counsel, the Board of Directors refused their respective demands by letters dated January 28, 2014.
 
7. Plaintiffs initiated the Action in this Court on behalf of Microsoft on April 11, 2014. Plaintiffs alleged that the Demands were wrongfully refused and asserted claims under Washington law on behalf of the Company against Defendants for breach of fiduciary duty, unjust enrichment, abuse of control, and gross mismanagement. The Company and the Individual Defendants subsequently moved to dismiss the Action, both under Fed. R. Civ. P. 23.1 and under Fed. R. Civ. P. 12(b)(6). On December 10, 2014, the Court issued an order denying Microsoft’s and the Individual Defendants’ motions to dismiss Plaintiffs’ complaint.
 
8. On May 1, 2015, Microsoft filed a Motion for Summary Judgment (the “SJ Motion”). Plaintiffs have opposed the SJ Motion, which was pending before the Court at the time that the proposed Settlement was reached by the Parties.
 
9. On October 28, 2015, the Parties entered into the Stipulation setting forth the terms and conditions of the proposed Settlement. On November 24, 2015, the Court entered a Preliminary Approval Order in connection with the Settlement which, among other things, preliminary approved the Settlement, authorized this Notice to be provided to Current Microsoft Shareholders, and scheduled the Settlement Hearing to consider whether to grant final approval of the Settlement.”
 
See EX-99.1
Chuckle. When M$ was caught in the cookie jar again, violating EU regulations and their commitments to be good, shareholders sued to force M$ to be good. How embarrassing! M$ prefers to hide dirty laundry in the back rooms and under Nondisclosure Agreements (NDA). The dinosaur will have to learn to live in a more open society or die.

I know this is old news but it’s a slow day, too. 😉

About Robert Pogson

I am a retired teacher in Canada. I taught in the subject areas where I have worked for almost forty years: maths, physics, chemistry and computers. I love hunting, fishing, picking berries and mushrooms, too.
This entry was posted in technology. Bookmark the permalink.

28 Responses to Under Pressure From Shareholders, M$ Folds, Promising To Be Good

  1. DrLoser says:

    I notice, and I have to say that I am mildly disappointed, that not a single person here has addressed themselves to the fairly onerous requirements of the Chromebook EULA.

    Perhaps it was an oversight. Burpies! I’m sure most, if not all of you will have an opinion on it. And since you may not remember it … I shall quote it once more:

    Google Chrome OS Terms

    BY USING THIS DEVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS.

    The Chrome OS device provided to you includes Chrome OS software, such as the operating system executable code, embedded software, firmware, fonts, and other data, including any updates (referred to collectively as the “Software”). These Terms apply to the Software and your use of the Software with your Chrome OS device. Most source code for Google Chrome is available free of charge under an open-source software license agreement at http://www.chromium.org.

    1. Your relationship with Google

    1.1 Your use of the Software and your use of the Software with Google’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Google under a separate written agreement) is subject to the terms of a legal agreement between you and Google. “Google” means Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

    1.2 Unless otherwise agreed in writing with Google, your agreement with Google will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”. Open source software licenses for Chrome OS source code constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Universal Terms, the open source licenses govern your agreement with Google for the use of Chrome OS or specific included components of Chrome OS.

    1.3 Your agreement with Google will also include the terms set forth below in the Chrome OS Additional Terms and terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

    1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Google in relation to your use of the Software and Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

    1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service or that component of the Software.

    2. Accepting the Terms

    2.1 In order to use the Software, you must first agree to the Terms. You may not use the Software if you do not accept the Terms.

    2.2 You can accept the Terms by:

    (A) clicking to accept or agree to the Terms, where this option is made available to you by Google in the user interface; or

    (B) by actually using the Software. In this case, you understand and agree that Google will treat your use of the Software as acceptance of the Terms from that point onwards.

    3. License from Google

    3.1 Google gives you a limited non-exclusive license to use the Software, and any updates provided to you by Google, on the Chrome OS device provided to you. This license is for the sole purpose of enabling you to use and enjoy the Software as provided by Google, in the manner permitted by the Terms.

    3.2 Subject to section 1.2 and to the law applicable in your jurisdiction, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Google, in writing.

    3.3 Subject to section 1.2, unless Google has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

    4. Software updates

    4.1 The Software may automatically download and install updates from time to time from Google. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Google to deliver these to you) as part of your use of the Software.

    5. Apps, Extensions, and Themes

    5.1 The terms in this section apply if you install apps, extensions, or themes in the Software. Apps are web applications, developed by Google or third parties, that you can install in Chrome OS. Extensions are small software programs, developed by Google or third parties, that can modify and enhance the functionality of the Chrome OS. Themes are a special kind of extension that changes the way the Software looks. Extensions and apps may have greater privileges to access your browser or your computer than regular webpages, including the ability to read and modify your private data.

    5.2 From time to time, Chrome OS may check with remote servers (hosted by Google or by third parties) for available updates to apps and extensions, including but not limited to bug fixes or enhanced functionality. Such updates will be automatically requested, downloaded, and installed without further notice to you, and you agree to such installation.

    5.3 From time to time, Google may remove or suspend access to apps and extensions where it reasonably suspects such apps and extensions may be harmful or deceptive, violate any applicable laws or regulations, or infringe third-party rights (including but not limited to breach of any third-party intellectual property rights). Chrome OS may periodically download a list of such apps and extensions from Google’s servers. If you have paid for a removed or suspended app or extension, you should contact the developer in accordance with that developer’s policies and procedures. In some cases, Google may, at its option and solely as an accommodation to you, offer you either (a) a replacement, if possible or (b) a refund of the price of the app or extension. If Google chooses to issue you a refund, the refund of your purchase price shall be your sole remedy.

    6. Provision of the Services by Google

    6.1 Google has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Google itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

    6.2 Google is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Google provides may change from time to time without prior notice to you.

    6.3 As part of this continuing innovation, you acknowledge and agree that Google may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Google’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Google when you stop using the Services.

    6.4 You acknowledge and agree that if Google disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

    7. Use of the Services by you

    7.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

    7.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

    7.3 Unless you have been specifically permitted to do so in a separate agreement with Google, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

    7.4 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Google may suffer) of any such breach.

    8. Privacy and your personal information

    8.1 For information about Google’s data protection practices, please read Google’s privacy policy at https://www.google.com/privacy.html and at https://www.google.com/chromeos/intl/en/privacy.html. This policy explains how Google treats your personal information, and protects your privacy, when you use the Software and the Services.

    8.2 You agree to the use of your data in accordance with Google’s privacy policies..

    9. Content in the Services

    9.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

    9.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Google (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Google or by the owners of that Content, in a separate agreement.

    9.3 Google reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Google may provide tools to filter out explicit sexual content. These tools include the SafeSearch preference settings (see http://www.google.com/help/customize.html#safe). In addition, there are commercially available services and software to limit access to material that you may find objectionable.

    9.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

    9.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Google may suffer) by doing so. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.

    10. Proprietary rights

    10.1 You acknowledge and agree that Google (or Google’s licensors) own all legal right, title and interest in and to the Software and the Services, including any intellectual property rights which subsist in the Software and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

    10.2 Unless you have agreed otherwise in writing with Google, nothing in the Terms gives you a right to use any of Google’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

    10.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Google, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Google’s brand feature use guidelines as updated from time to time. These guidelines can be viewed online at https://www.google.com/permissions/guidelines.html (or such other URL as Google may provide for this purpose from time to time).

    10.4 Google acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Google, you agree that you are responsible for protecting and enforcing those rights and that Google has no obligation to do so on your behalf.

    10.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Software or the Services.

    10.6 Unless you have been expressly authorized to do so in writing by Google, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

    11. Ending your relationship with Google

    11.1 The Terms will continue to apply until terminated by either you or Google as set out below.

    11.2 Google may at any time, terminate its legal agreement with you if:

    (A) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

    (B) Google is required to do so by law (for example, where the provision of the Software or Services to you is, or becomes, unlawful); or

    (C) the partner with whom Google offered the Software or Services to you has terminated its relationship with Google or ceased to offer the Software or Services to you; or

    (D) Google is transitioning to no longer providing the Software or Services to users in the country in which you are resident or from which you use the service; or

    (E) the provision of the Software or Services to you by Google is, in Google’s opinion, no longer commercially viable.

    11.3 Nothing in this Section shall affect Google’s rights regarding provision of Software or Services under Section 6 of the Terms.

    11.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Google have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

    12. EXCLUSION OF WARRANTIES

    12.1 Nothing in these terms, including Sections 12 and 13, shall exclude or limit Google’s, its subsidiaries’, affiliates’, or licensors’ liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. Nothing in these Terms, including Sections 12 and 13, will affect your statutory rights.

    12.2 If you are located in the United States, GOOGLE AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

    12.3 Google and its subsidiaries, affiliates, and licensors do not warrant that the Software or Services will operate error-free or uninterrupted.

    13. LIMITATION OF LIABILITY

    13.1 Subject to overall provisions in Sections 12, and 13, you expressly understand and agree that Google:

    (A) shall only be responsible for loss or damage you suffer that is a foreseeable result of (i) our breach of these Terms and typical for this type of agreement; or (i) our negligence up to the limit specified in Section 13.2 below. Loss or damage is foreseeable if it is an obvious consequence of our breach.

    (B) shall not have any liability to you for any incidental, special, or consequential damages, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, whether or not Google, its subsidiaries, affiliates, and licensors have been advised of the possibility of such loss or damage.

    13.2 Google’s maximum aggregate liability to you under or in connection with these Terms whether in contract, tort (including negligence) or otherwise shall in all circumstances be limited to USD $50. This cap on liability does not apply to the types of loss set out in Section 13.3.

    13.3 Nothing in these Terms shall limit or exclude Google’s liability for:

    (a) death or personal injury caused by the negligence of Google;

    (b) fraud or fraudulent misrepresentation;

    (c) any damage caused as a result of a breach of a mandatory statutory liability (including, without limitation, any liability in relation to breaches of mandatory product liability law); or

    (d) any other liability that cannot be excluded or limited applicable laws in your jurisdiction.

    13.4 Sections 13.1, 13.2 and 13.3 shall apply to the liability of Google, its subsidiaries, affiliates and licensors

    14. Copyright and trademark policies

    14.1 It is Google’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Google’s policy can be found at http://www.google.com/dmca.html.

    14.2 Google operates a trademark complaints procedure in respect of Google’s advertising business, details of which can be found at http://www.google.com/tm_complaint.html.

    15. Other content

    15.1 The Services may include hyperlinks to other web sites or content or resources. Google may have no control over any web sites or resources which are provided by companies or persons other than Google.

    15.2 You acknowledge and agree that Google is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

    15.3 You acknowledge and agree that Google is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

    16. Language of the Terms

    16.1 Where Google has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Google.

    16.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

    17. Changes to the Terms

    17.1 Google may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Google will make a new copy of the Universal Terms available at https://www.google.com/intl/en/chromebook/termsofservice.html and any new Additional Terms will be made available to you from within, or through, the affected Software or Services.

    17.2 You understand and agree that if you use the Software or Services after the date on which the Universal Terms or Additional Terms have changed, Google will treat your use as acceptance of the updated Universal Terms or Additional Terms.

    18. General legal terms

    18.1 Sometimes when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

    18.2 The Terms constitute the whole legal agreement between you and Google and govern your use of the Software or Services (but excluding any services which Google may provide to you under a separate written agreement), and completely replace any prior agreements between you and Google in relation to the Software and Services

    18.3 You agree that Google may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

    18.4 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google’s rights and that those rights or remedies will still be available to Google.

    18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

    18.6 You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

    18.7 The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts.

    March 25, 2014

    Google Chrome OS Additional Terms

    Your use of any pre-installed apps or extensions provided by Google, unless otherwise indicated, is subject to the terms of service at http://www.google.com/accounts/TOS. Your use of any pre-installed apps or extensions provided by a third party may be subject to terms provided to you by the third party. Your use of certain components of the Software is also subject to the following terms:

    AVC

    THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE http://WWW.MPEGLA.COM.

    MPEG-4

    THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD (“MPEG-4 VIDEO”) AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE http://WWW.MPEGLA.COM

  2. DrLoser says:

    What caused Microsoft to get forced to allow third party browsers was constantly changing the functions to access network.

    And there was I … indeed, Mr Pogson … thinking that it was some long-ago DoJ judgement circa 1999.

    Have fun explaining to Robert where he was comprehensively wrong in this respect, Fifi. As you know, he is fairly neutral on the question of DoJ judgements in 1999. Hardly ever mentions them, in fact.

  3. DrLoser says:

    Deaf Spy sorry calling me fraud equals I will not answer. I told you where to find the reference.

    Regrettably, oiaohm, you did no such thing.

    May I humbly request that you supply that cite one more time? After all, even if it is a mere repetition, it can’t possibly be outside the requirements imposed on you by your self-styled status of “Professional,” can it?

  4. Deaf Spy says:

    Don’t run away, Fifi! You have questions to answer and links to provide!

  5. oiaohm says:

    Deaf Spy I have caught you being a fraud over what Pascal allows to attempt to make a bogus case. Sorry you have lost the right to be asking me for that.

  6. Deaf Spy says:

    Fifi, you make the claim, you bring the proof.

    Or, will you be resorting to lying again?

    Until you prove your claims, I will keep calling you a “fraud”, fraud.

  7. oiaohm says:

    Deaf Spy sorry calling me fraud equals I will not answer. I told you where to find the reference. Its in the exact bug linked to the why the installer failed. Funny enough the function page on MSDN disappeared as well when the it was removed.

    Deaf Spy functions that disappear due to security reasons in MS Windows get deleted out the on-line MSDN. Sorry don’t know topic or you would not be asking for MSDN page.

  8. Deaf Spy says:

    A link to MSDN, please. A want to see this “Windows update a function that the stub installer used” in MSDN that disappeared “due to security flaws”.

    Come on, Fraud. Your turn.

  9. oiaohm says:

    Deaf Spy really it was in the bug report over that installer. Sorry you have guessed to call be a fraud. Yes the installer broke and the patch to fix it documented what was broken. Functions end up disappearing due to security faults from time to time.

  10. Deaf Spy says:

    Microsoft removed with a Windows update a function that the stub installer used to download the full installer.

    Really, Fifi? And what would that mystical, elusive feature might that be? A link to MSDN, please. MSDN. No Indian forum. MSDN.

    Fraud.

  11. oiaohm says:

    DeafSpy the reality is mozilla did not screw up there stub installer at all. Microsoft removed with a Windows update a function that the stub installer used to download the full installer. So things don’t always work as planned. Windows API/ABI is not 100 percent stable. What caused Microsoft to get forced to allow third party browsers was constantly changing the functions to access network. Like example of stupid is http proxy settings have to entered twice under windows to work with all applications. Why there are 2 independant internet access paths. Worst part you have to use the ones IE uses or your performance suxs. This is what got the EU evolved.

    Sit down, take a deep breath, and spend that short time going through the steps required to install an alternative browser on a Chromebook.
    http://www.howtogeek.com/162120/how-to-install-ubuntu-linux-on-your-chromebook-with-crouton/
    Takes less than 45 mins DrLoser to do it but the install is not the problem. Yes Ubuntu xfce default desktop install added Firefox. Of course installing extra browsers after that take less time.

    People don’t find how to install alterantive browsers on ChromeOS because they are not look for how to install debain/ubuntu…. on chromebook.

    The things here is a chromebook is going to pest you that you are running in security reduced mode with one simple slip up the thing reverting and removing the extra applications.

    The problem with a chromebook is not that you cannot installer alternative it the fact that tap space-bar at wrong time on boot and the system flushes everything extra out.
    https://github.com/dnschneid/crouton/blob/master/README.md

    Yes they did provide backup chroots but its about 45 mins each time to restore after pressing space at wrong time. 15 mins x2 for system self purging and 15 mins restoring from back-ups. Yes chromebooks purge the system leaving developmode and purge the system entering developermode.

    The self purging at a touch of a space bar at the wrong time is what makes running alternative applications on chrome-books so painful.

    The issue with chromebooks problem is not how hard it is to install third party browsers and applications its keeping them installed after you have installed them. Chromebooks nature is purge.

    Yes arguement to the EU that you cannot install third party browsers does not hold on chromebooks or that google is messing the the API/ABI third party browsers have to use(of course google is not doing this Microsoft was).

    You could make a case to the EU chromebooks make it hard and impractical to keep third party browsers installed could have legs.

    Really DrLoser if you had got a chromebook and truly attempted to do it you would have known where the real issue is.

  12. DrLoser says:

    Something stupid “Crouton was actually created by Google employee Dave Schneider.”

    “Stupid?” Do not demean yourself, Princess.

    Bwhahahahahahahahahahahaha!

  13. DrLoser says:

    In particular, Robert:

    2.2 You can accept the Terms by:

    (A) clicking to accept or agree to the Terms, where this option is made available to you by Google in the user interface; or

    (B) by actually using the Software. In this case, you understand and agree that Google will treat your use of the Software as acceptance of the Terms from that point onwards.

    BEAT ME, BIG MOMMA! BEAT ME SO HARD, IT HERTZ!

    So much for fucking EULA comparisons.

  14. DrLoser says:

    Most source code for Google Chrome is available free of charge under an open-source software license agreement …

    “Most?”

    The quality stuff, or just the dreck on the side?

  15. DrLoser says:

    Well,you know me. Robert. I am a simpleton Troll. EULAs? Pah!

    I’m reasonably sure you’ve never seen this particular one, if for no other reason than that you are a miser and have not troubled to dip your hand into your wallet over the last five years or so.

    Perhaps you have. And perhaps you have therefore scrutinised the following legalese nonsense. If so, here is a reminder. If not, here is a warning to anybody who chooses a Google product:

    Google Chrome OS Terms

    BY USING THIS DEVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS.

    The Chrome OS device provided to you includes Chrome OS software, such as the operating system executable code, embedded software, firmware, fonts, and other data, including any updates (referred to collectively as the “Software”). These Terms apply to the Software and your use of the Software with your Chrome OS device. Most source code for Google Chrome is available free of charge under an open-source software license agreement at http://www.chromium.org.

    1. Your relationship with Google

    1.1 Your use of the Software and your use of the Software with Google’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Google under a separate written agreement) is subject to the terms of a legal agreement between you and Google. “Google” means Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

    1.2 Unless otherwise agreed in writing with Google, your agreement with Google will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”. Open source software licenses for Chrome OS source code constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Universal Terms, the open source licenses govern your agreement with Google for the use of Chrome OS or specific included components of Chrome OS.

    1.3 Your agreement with Google will also include the terms set forth below in the Chrome OS Additional Terms and terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

    1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Google in relation to your use of the Software and Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

    1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service or that component of the Software.

    2. Accepting the Terms

    2.1 In order to use the Software, you must first agree to the Terms. You may not use the Software if you do not accept the Terms.

    2.2 You can accept the Terms by:

    (A) clicking to accept or agree to the Terms, where this option is made available to you by Google in the user interface; or

    (B) by actually using the Software. In this case, you understand and agree that Google will treat your use of the Software as acceptance of the Terms from that point onwards.

    3. License from Google

    3.1 Google gives you a limited non-exclusive license to use the Software, and any updates provided to you by Google, on the Chrome OS device provided to you. This license is for the sole purpose of enabling you to use and enjoy the Software as provided by Google, in the manner permitted by the Terms.

    3.2 Subject to section 1.2 and to the law applicable in your jurisdiction, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Google, in writing.

    3.3 Subject to section 1.2, unless Google has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

    4. Software updates

    4.1 The Software may automatically download and install updates from time to time from Google. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Google to deliver these to you) as part of your use of the Software.

    5. Apps, Extensions, and Themes

    5.1 The terms in this section apply if you install apps, extensions, or themes in the Software. Apps are web applications, developed by Google or third parties, that you can install in Chrome OS. Extensions are small software programs, developed by Google or third parties, that can modify and enhance the functionality of the Chrome OS. Themes are a special kind of extension that changes the way the Software looks. Extensions and apps may have greater privileges to access your browser or your computer than regular webpages, including the ability to read and modify your private data.

    5.2 From time to time, Chrome OS may check with remote servers (hosted by Google or by third parties) for available updates to apps and extensions, including but not limited to bug fixes or enhanced functionality. Such updates will be automatically requested, downloaded, and installed without further notice to you, and you agree to such installation.

    5.3 From time to time, Google may remove or suspend access to apps and extensions where it reasonably suspects such apps and extensions may be harmful or deceptive, violate any applicable laws or regulations, or infringe third-party rights (including but not limited to breach of any third-party intellectual property rights). Chrome OS may periodically download a list of such apps and extensions from Google’s servers. If you have paid for a removed or suspended app or extension, you should contact the developer in accordance with that developer’s policies and procedures. In some cases, Google may, at its option and solely as an accommodation to you, offer you either (a) a replacement, if possible or (b) a refund of the price of the app or extension. If Google chooses to issue you a refund, the refund of your purchase price shall be your sole remedy.

    6. Provision of the Services by Google

    6.1 Google has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Google itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

    6.2 Google is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Google provides may change from time to time without prior notice to you.

    6.3 As part of this continuing innovation, you acknowledge and agree that Google may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Google’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Google when you stop using the Services.

    6.4 You acknowledge and agree that if Google disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

    7. Use of the Services by you

    7.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

    7.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

    7.3 Unless you have been specifically permitted to do so in a separate agreement with Google, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

    7.4 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Google may suffer) of any such breach.

    8. Privacy and your personal information

    8.1 For information about Google’s data protection practices, please read Google’s privacy policy at https://www.google.com/privacy.html and at https://www.google.com/chromeos/intl/en/privacy.html. This policy explains how Google treats your personal information, and protects your privacy, when you use the Software and the Services.

    8.2 You agree to the use of your data in accordance with Google’s privacy policies..

    9. Content in the Services

    9.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

    9.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Google (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Google or by the owners of that Content, in a separate agreement.

    9.3 Google reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Google may provide tools to filter out explicit sexual content. These tools include the SafeSearch preference settings (see http://www.google.com/help/customize.html#safe). In addition, there are commercially available services and software to limit access to material that you may find objectionable.

    9.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

    9.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Google may suffer) by doing so. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.

    10. Proprietary rights

    10.1 You acknowledge and agree that Google (or Google’s licensors) own all legal right, title and interest in and to the Software and the Services, including any intellectual property rights which subsist in the Software and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

    10.2 Unless you have agreed otherwise in writing with Google, nothing in the Terms gives you a right to use any of Google’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

    10.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Google, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Google’s brand feature use guidelines as updated from time to time. These guidelines can be viewed online at https://www.google.com/permissions/guidelines.html (or such other URL as Google may provide for this purpose from time to time).

    10.4 Google acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Google, you agree that you are responsible for protecting and enforcing those rights and that Google has no obligation to do so on your behalf.

    10.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Software or the Services.

    10.6 Unless you have been expressly authorized to do so in writing by Google, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

    11. Ending your relationship with Google

    11.1 The Terms will continue to apply until terminated by either you or Google as set out below.

    11.2 Google may at any time, terminate its legal agreement with you if:

    (A) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

    (B) Google is required to do so by law (for example, where the provision of the Software or Services to you is, or becomes, unlawful); or

    (C) the partner with whom Google offered the Software or Services to you has terminated its relationship with Google or ceased to offer the Software or Services to you; or

    (D) Google is transitioning to no longer providing the Software or Services to users in the country in which you are resident or from which you use the service; or

    (E) the provision of the Software or Services to you by Google is, in Google’s opinion, no longer commercially viable.

    11.3 Nothing in this Section shall affect Google’s rights regarding provision of Software or Services under Section 6 of the Terms.

    11.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Google have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

    12. EXCLUSION OF WARRANTIES

    12.1 Nothing in these terms, including Sections 12 and 13, shall exclude or limit Google’s, its subsidiaries’, affiliates’, or licensors’ liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. Nothing in these Terms, including Sections 12 and 13, will affect your statutory rights.

    12.2 If you are located in the United States, GOOGLE AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

    12.3 Google and its subsidiaries, affiliates, and licensors do not warrant that the Software or Services will operate error-free or uninterrupted.

    13. LIMITATION OF LIABILITY

    13.1 Subject to overall provisions in Sections 12, and 13, you expressly understand and agree that Google:

    (A) shall only be responsible for loss or damage you suffer that is a foreseeable result of (i) our breach of these Terms and typical for this type of agreement; or (i) our negligence up to the limit specified in Section 13.2 below. Loss or damage is foreseeable if it is an obvious consequence of our breach.

    (B) shall not have any liability to you for any incidental, special, or consequential damages, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, whether or not Google, its subsidiaries, affiliates, and licensors have been advised of the possibility of such loss or damage.

    13.2 Google’s maximum aggregate liability to you under or in connection with these Terms whether in contract, tort (including negligence) or otherwise shall in all circumstances be limited to USD $50. This cap on liability does not apply to the types of loss set out in Section 13.3.

    13.3 Nothing in these Terms shall limit or exclude Google’s liability for:

    (a) death or personal injury caused by the negligence of Google;

    (b) fraud or fraudulent misrepresentation;

    (c) any damage caused as a result of a breach of a mandatory statutory liability (including, without limitation, any liability in relation to breaches of mandatory product liability law); or

    (d) any other liability that cannot be excluded or limited applicable laws in your jurisdiction.

    13.4 Sections 13.1, 13.2 and 13.3 shall apply to the liability of Google, its subsidiaries, affiliates and licensors

    14. Copyright and trademark policies

    14.1 It is Google’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Google’s policy can be found at http://www.google.com/dmca.html.

    14.2 Google operates a trademark complaints procedure in respect of Google’s advertising business, details of which can be found at http://www.google.com/tm_complaint.html.

    15. Other content

    15.1 The Services may include hyperlinks to other web sites or content or resources. Google may have no control over any web sites or resources which are provided by companies or persons other than Google.

    15.2 You acknowledge and agree that Google is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

    15.3 You acknowledge and agree that Google is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

    16. Language of the Terms

    16.1 Where Google has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Google.

    16.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

    17. Changes to the Terms

    17.1 Google may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Google will make a new copy of the Universal Terms available at https://www.google.com/intl/en/chromebook/termsofservice.html and any new Additional Terms will be made available to you from within, or through, the affected Software or Services.

    17.2 You understand and agree that if you use the Software or Services after the date on which the Universal Terms or Additional Terms have changed, Google will treat your use as acceptance of the updated Universal Terms or Additional Terms.

    18. General legal terms

    18.1 Sometimes when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

    18.2 The Terms constitute the whole legal agreement between you and Google and govern your use of the Software or Services (but excluding any services which Google may provide to you under a separate written agreement), and completely replace any prior agreements between you and Google in relation to the Software and Services

    18.3 You agree that Google may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

    18.4 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google’s rights and that those rights or remedies will still be available to Google.

    18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

    18.6 You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

    18.7 The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts.

    March 25, 2014

    Google Chrome OS Additional Terms

    Your use of any pre-installed apps or extensions provided by Google, unless otherwise indicated, is subject to the terms of service at http://www.google.com/accounts/TOS. Your use of any pre-installed apps or extensions provided by a third party may be subject to terms provided to you by the third party. Your use of certain components of the Software is also subject to the following terms:

    AVC

    THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE http://WWW.MPEGLA.COM.

    MPEG-4

    THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD (“MPEG-4 VIDEO”) AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE http://WWW.MPEGLA.COM

    Fair bit of unfriendly verbiage that, isn’t it?

  16. DrLoser says:

    Well, I don’t see that Google requires users to agree to an unconscionable EULA demanding folks not modify anything.

    That’s an unusually percipient point, Robert.

    Google, being a child of the Online Advertising Age, has no need for a EULA.

    I’m not actually sure that Microsoft has need of such a thing, either.

    Now, much to your distress (I know how much you loathe having an operating system given away for free), it so happens that the 1990s Monopolist (MSFT) is moving towards a (possibly mendacious) “Free, as in cost” model.

    Which, and this might come as a surprise to you, is what one (1990s) Monopolist is pretty much bound to do when confronted by a (2000s) Monopolist.

    Frankly, at this point, I suspect that MSFT could just chuck the EULA (or at least radically reduce it), and it would make no difference whatsoever. I can’t say there’s been that many prosecutions under the terms. Mostly it’s just been a bureaucratic waste of space.

    Now then.

    Having said that.

    If you are (as a Slave) the unfortunate owner of a Wintel device, and you want to change your browser, what do you do?

    Hmmm, let me think about that. For about thirty seconds.

    On the other hand, if you are as free as a nymph or dryad or just pick fairy of your choice and you own a Chromebook and you want to change your browser, what do you do?

    Hmmmm … that would take substantially longer. I’ll wait for Fifi to come up with her recommendations.

    Whilst we wait for the Ineffable Wisdom of the Desert Sage, however, a more pressing question:

    Did you buy a Kangaroo as a Christmas Present for your Beloved, as I suggested?

    No? Oh well. You and the Little Woman are wise to wait. There are clearly better alternatives out there that cost less than $100.

    Going to be a fun new year searching for them, Robert, isn’t it? Maybe, just for once in your life, you might actually buy one

  17. DrLoser, whining about Google’s success against a monopolist, wrote, “how much do you think Google should be fined by the EU?

     
    A couple of hundred million? That would just be a slap in the face.”

    Well, I don’t see that Google requires users to agree to an unconscionable EULA demanding folks not modify anything. Google is OK with users replacing the browser and even the OS or parts of it as they wish. Read the GPL. Nothing Google does prevents a user from running whatever software they want on the machines they own. M$ agreed to allow a choice of browser to comply with competition rules but failed to live up to their commitment. Google has no such commitment as yet. I’m sure it would be interesting to see Google Chrome GNU/Linux offer the blue “e” to users and then have M$ deny them the product… OH HO HO! Merry Christmas, Google. If I were Google I would rush to implement that feature immediately. M$ would be shown hollow not offering “e” for GNU/Linux and other browsers might not work too well with Google’s apps. It could serve to lock in users to Google’s stuff, exactly the opposite of what M$ wants.

  18. DrLoser says:

    Chromebook exact same process every time results in successful install of a third party browser even that its long and painful.

    Well now. This is quite fascinating, oiaohm. And you, of course, are in the perfect position to prove me wrong, what with possessing a Chromebook and having the necessary know-how. In fact, I suggest you prove me wrong right now. It will be your FLOSS gift for the New Year!

    Sit down, take a deep breath, and spend that short time going through the steps required to install an alternative browser on a Chromebook. You haven’t specified a time period, so I will generously allot you two hours — which is about an hour and fifty minutes longer than it would take to install an alternative browser on a Windows machine.

    Having done that … explain the process, in less than ten steps, using whatever garbled version of English you can manage. No Google links, please. This is supposed to be a trivial process.

    If you succeed in doing so, I will gladly concede that Microsoft was rightly charged with a fine of $750 million for their temporary blip.

    If you fail in doing so, I think we can both agree that Google also owes the EU $750 million.

    Does that sound like a fair deal to you? I’m not even comparing apples to apples. I’m comparing a World-Renowned Expert in IT (that’s you, oiaohm) to Joe Schmoe in the street.

    Sounds more than fair to me.

  19. DeafSpy says:

    DrLoser Over stating the facts.
    https://support.mozilla.org/en-US/questions/976922

    Fifi, you are dense as ever. Never to disappoint. Should you have read an inch farther, you would have noticed this:

    “If you grabbed the small “stub” installer from the main page, try again using the “full” installer on the “all versions” page here (scroll down to your language):”
    In other words, Mozilla botched one of their own two installers. Back one year ago, when XP was already phased out. The problem doesn’t even relate to XP. But hey, that Mozilla can’t write two working installers is somehow MS’s fault. Sweet.

    Now, Fifi, please step aside and go back on writeln().

    You are an incompetent, lying little Fraud, Fifi.

  20. oiaohm says:

    1) Any variety of Windows since at least Windows XP — pretty much a one-click installation.
    DrLoser Over stating the facts.
    https://support.mozilla.org/en-US/questions/976922
    Sometimes one click sometimes many more depending on how much of a pain Windows decides to be due to application to application interaction issues. Yes anti-virus can decide that it will not let you install the browser you want either under Windows.

    So Windows installing a browser is between easy to total pain in ass. If windows is being a total pain in ass the process can be unique to that combination of software.

    Chromebook exact same process every time results in successful install of a third party browser even that its long and painful. In fact switching to developer mode on a chrome-book allows installing of third party applications. Issue no browser has released a version for chromebooks in developer mode directly. Yes the process would be a lot less of a pain if you just switch chromebook to developer mode and could unzip an archive.

    So one is contestant painful and one is random-ally painful. Random-ally painful is harder to support. Chromebook is harder than it needs to be due to no browsers making click installers for chromebooks in developer mode.

    Yes run script installers would still be nicer as well.

    Takes two to tango DrLoser. Lack of third party applications on Chromebooks is 1 lack of developers making them(not google problem here). 2 requirement to use developer mode to use them. Note that 1 then 2 since there are no native applications being made for developer mode other than by google of a chromebook google can claim there is no requirement to make it simpler.

  21. DrLoser says:

    The company also has agreed to spend $7.3 million to pay the shareholders’ lawyers who negotiated the settlement. [DiPhilipo and Barovic, for the removal of doubt]

    A nuisance tort, nothing more and nothing less. However, Robert, if you feel that the pointless enrichment of lawyers is somehow conducive to best practices in IT, then please feel free to expatiate.

    Just one little note.

    Precisely how much do you think MSFT cares about little pointless grubby creatures such as DiPhilipo and Barovic?

    Not much more than scratching a pimple, I would assume. Two rather unpleasant little leaches whose type is unfortunately the price of doing business in a litigious society.

    (Note that neither one was remotely responsible for the actual EU ruling.)

  22. DrLoser says:

    There is no prevention from installing other browsers other than the process being a total pain in ass with a google chromebook.

    Do, please, remind me what the difference is there, Princess.

    1) Any variety of Windows since at least Windows XP — pretty much a one-click installation.
    2) Chromebook … in your surprisingly eloquent words .,. A total pain in the ass.

  23. DrLoser says:

    I have choice. Don’t you? I’m using FireFox 43.0.2 at the moment. I chose it. I can do that with GNU/Linux. ChromeBooks run on GNU/Linux so a user if so inclined can change the browser.

    A purely theoretical choice when it comes to a Chromebook, I think.

    Given which, how much do you think Google should be fined by the EU?

    A couple of hundred million? That would just be a slap in the face.

    A little more, perhaps?

  24. oiaohm says:

    DrLoser you an idiot. There is a reason why Google gets away with it under EU regulations.

    There is no prevention from installing other browsers other than the process being a total pain in ass with a google chromebook.

    http://www.howtogeek.com/162120/how-to-install-ubuntu-linux-on-your-chromebook-with-crouton/

    Something stupid “Crouton was actually created by Google employee Dave Schneider.”
    Notice something here google pays staff to make tool so you can install Ubuntu in a chroot on a chromebook and have third party applications like Firefox.

    The answer is yes you can install Firefox on chromebook even that you have putting stupid stuff out about it.

    Yes a chromebook has browser choice. The claim total absence of browser choice is wrong.

    Using browser choice under a chromebook resulting in device display a warning every time it started due to being in developer mode and having to use crouton to have it is a different question.

    How nasty are you allowed to be when user decided to have browser choice. Apparently very nasty due to the fact Google is not being challenged.

    Yes the google staff answer to how to install firefox on a chromebook is switch to developer mode install crouton with some other Linux then install firefox.

  25. DrLoser wrote, “the question of Google and Chromebooks and the total absence of browser choice.”

    I have choice. Don’t you? I’m using FireFox 43.0.2 at the moment. I chose it. I can do that with GNU/Linux. ChromeBooks run on GNU/Linux so a user if so inclined can change the browser. There’s no EULA to forbid that thank RMS. I grant you that the way the EU did it wasn’t optimal but M$ messed up on the process they agreed to follow. The shareholders just wanted M$ to do the right thing to avoid these totally unnecessary fines that M$ is incurring. What would you do if your accountant/lawyer/MD made a costly mistake? Add firm selling securities on the stock markets regulated by SEC etc. With all the money M$ spends on staff/lawyers/salesmen they should demand that everyone do the right thing, or pragmatically, what they agreed to do when they signed up.

  26. DrLoser says:

    Better a negotiation resulting in a commitment to add quality control for such regulations rather than a court order they might like less.

    And once again, Robert: the question of Google and Chromebooks and the total absence of browser choice. Which is pertinent to this case.

    What would you fine Google? $1 billion? $100 plus administrative costs?

    Think about it a while. Apparently, given the EU case you cite, you have roughly seven years to come to a completely specious judgement.

  27. DrLoser wrote, “really? 2007?”

    Well, the EU action was way back when but this latest move happened this year after M$ realized it would lose in court. Better a negotiation resulting in a commitment to add quality control for such regulations rather than a court order they might like less. The shareholders just demanded that M$ smarten up and they may well do that. It is interesting that M$ let the matter get as far as court. That never would have happened in the olden days. They would have made the boys an offer they couldn’t refuse. That’s a definite change in style.

  28. DrLoser says:

    Old news indeed. I know the EU is very, very slow about these things, but really? 2007?

    Let’s consider their belated response to the Browser Wars, shall we? Here we go, from your cite:

    Beginning around 2007, the European Commission (“EC”) raised antitrust concerns regarding Microsoft’s inclusion of Internet Explorer (and not other internet web browsers) with Microsoft’s Windows operating system. In December 2009, Microsoft resolved these antitrust concerns by agreeing to certain commitments to the EC (the “Commitments”), under which Microsoft agreed to deliver a Brower Choice Screen (“BCS”) to personal computers operating Windows in the European Economic Area (“EEA”) for a period of five years. Under the terms of the Commitments, Microsoft became directly responsible for reporting to the EC annually on the implementation of the Commitments over the next five years.

    And naturally the Criminals Against Humanity (small earthquake in Chile, no 6,000,000 Jews dead) did not comply.

    Exhibit 1:

    Microsoft failed to comply with the Commitments when in connection with its release of Windows 7 Service Pack 1 (“SP1”) in February 2011, a technical error and miscommunication resulted in a failure to install the BCS on approximately 15.3 million computers in the EEA.

    Cost to Microsoft? $732 million. It’s legitimate to ask where this money went, by the way.

    Exhibit 2:

    Plaintiffs initiated the Action in this Court on behalf of Microsoft on April 11, 2014. Plaintiffs alleged that the Demands were wrongfully refused and asserted claims under Washington law on behalf of the Company against Defendants for breach of fiduciary duty, unjust enrichment, abuse of control, and gross mismanagement. The Company and the Individual Defendants subsequently moved to dismiss the Action.

    And the results? Exhibit 3:

    On May 1, 2015, Microsoft filed a Motion for Summary Judgment (the “SJ Motion”).

    And Exhibit 4:

    At the Settlement Hearing, the Parties shall jointly request that the Court enter the Judgment finally approving the Settlement. Pursuant to the Judgment, upon the Effective Date of the Settlement (as defined in the Stipulation), the Action will be dismissed with prejudice and the following releases (the “Releases”) will occur:

    Release of Claims by Current Microsoft Shareholders and Microsoft.

    It’s a very expensive nuisance tort, Robert. Nothing more and nothing less.

    Now, let us consider the possible consequences upon the Chromebook. As you know, “hard cases make bad law.” Which appears to apply in this case, because the sole point at issue is — not merely the availability of alternative Browsers — but an actual Browser choice App.

    Microsoft got dinged to the tune of $732 million, not because there was some sort of technical impediment to installing Opera, Firefox, Chrome, Safari, or any other Browser.

    There was no such impediment. Technically, each and every one of these is within trivial reach of a Windows machine.

    No, Microsoft got dinged because of a small cretinous operational mistake. For a short period, they just buggered up the menu option for Browser Choice.

    Tell me, Robert. How long has Chromebook — a device that centres around the Browser — offered any sort of choice at all?

    And how much would you suggest the EU fines Google for that deficiency?

    Feel free to start at $732 million and work upwards.

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