BOL 1054: Violating terms of service is not a crime
A judge has determined that violating terms of service is bad, but it's not tantamount to unauthorized access of a computer system. Good news for jailbreakers and hackintosh perpetrators. Also Opera 10 is out. I know. I know. But some of you really do care.
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EPISODE 1054
Confirmed: eBay has a deal to sell Skype
http://news.cnet.com/8301-1035_3-10322833-94.html
http://share.skype.com/sites/en/2009/09/a_new_chapter.html
http://www.businesswire.com/portal/site/home/permalink/?ndmViewId=news_view&newsId=20090901005931&newsLang=en
TOS violations not a crime in teen suicide case
http://arstechnica.com/tech-policy/news/2009/08/judge-says-tos-violations-arent-a-crime-acquits-lori-drew.ars
Opera 10 faster with new features
http://arstechnica.com/software/reviews/2009/09/first-look-opera-10-faster-with-new-features.ars
http://download.cnet.com/8301-2007_4-10320478-12.html
Sony to ship Vaios with Chrome installed
http://community.zdnet.co.uk/blog/0,1000000567,10013661o-2000331777b,00.htm
IE tumbles,
Firefox regains market share mojo
http://www.computerworld.com/s/article/9137358/IE_tumbles_Firefox_regains_market_share_mojo
Windows phones are coming on October 6
http://windowsteamblog.com/blogs/windowsphone/archive/2009/09/01/windows-phones-are-coming-on-october-6th.aspx
http://news.cnet.com/8301-13860_3-10322007-56.html
Qualcomm forbidden to use “smartbook” by order of German court
http://www.engadget.com/2009/09/01/qualcomm-forbidden-to-use-smartbook-by-order-of-german-court/
TomTom’s new direction takes shape: Deal with Fiat
http://www.reuters.com/article/pressRelease/idUS90227+31-Aug-2009+BW20090831
Internet’s first domain name registered sold
http://tech.slashdot.org/story/09/08/31/2233246/Internets-First-Registered-Domain-Name-Sold
Woman fired for using uppercase in e-mail
http://yro.slashdot.org/story/09/08/31/1515239/Woman-Fired-For-Using-Uppercase-In-Email
VOICE MAIL
James the field engineer on how cops can check texting
Jesse from San Francisco on a better way to protect iPhone
E-MAIL
A friend whose spouse works warranty repairs for a large electronics retail outlet, some say the BEST retail electronics outlet, that does warranty repairs for Apple products reports the receipt of a repair manual for an Apple tablet! The look is similar to the one on Gizmodo
http://gizmodo.com/326468/apple-touchscreen-tablet-contest-winner-and-gallery
The spouse reports it is 10 inches and runs OS X with a Cocoa layer on top like the
iPod. Check your own sources at your local BIG retail store to confirm this.
Stephen B. Swan
Retired Guy
**********
Cameron from Buena Vista, Virginia
I was watching episode 1053 and when I saw the dancing iPod girl I
noticed that she was dangerously off balance. She wasn’t dancing, she
was falling! Then new ipod whatever must have some sort of life alert
built in to it. Apple is obviously trying to make in-roads into the
highly desirable geriatric market segment.
Anyways, just a thought
The show is alright… Just kidding- LOVE… the… show…
Cameron Berry
**********
Yo Bolers,
I’m the kind of guy who gives credit where it’s due, and this time, I gotta give credit to Jason for his post-podcast reminder to visit CNET Live and see the web exclusive video. A) I really like the reminder part and B) that was buy far the funniest 6 minutes of my long BOL career. So thanks Jason, for making my day. Nay, my whole week.
Ben the Industrial Engineer Grad Student from Arkansas
p.s. Love the show
**********
Here is the Tweet from All Songs Considered re: Beatles: Starting my download of the Beatles Catalog. (protected site ) public release 9/9/09 – Vance

Tom Merritt appears on
CNET TV, specializing in help and how-to and the ever popular Top 5
lists. He also co-hosts CNET's The Real Deal podcast.
Jason Howell can
often be found producing Buzz Out Loud from the audio studios at CNET,
updating XML feeds from the comfort of his cubicle, and saying "uh-oh"
from time to time. 

If you don't think you would not hire the best lawyers you could afford to pore over legal documentation if you were a defendant in a liability lawsuit, then you are fooling yourself. It was Jack Nicholson who once said, ?You need me on that wall,? and it bodes similarly that you need that legal documentation for basic protection. If you deserve it, why doesn't Corporation X or Y, then?
Look, until someone introduces global tort reform, the universe we live in has liability laws. Terms of service explain those things, and they indirectly acknowledge that we have the right to make personal decisions. We arrive at those decisions based upon what we're willing to give up compared to what is being offered to us. This is why Terms of Service don?t come with a kill ray should you decide not to sign them. You can simply tell myspace where to stick it if you don't like the information you read.
And, Natali, I'm sure if legal departments could find a cartoonish way (per your Virgin analogy) of explaining its jargon, they would. It would be hilarious during a deposition to watch Donald Duck explain a Terms of Service agreement as a point of order in regards to what the plaintiff originally agreed to when signing up at Disney.com.
Peace.
Zack's Dad
Yukon, Oklahoma
I'm sorry sir, I fail to see how this "sucks."
Also, you said that people purchased Windows Mobile phones because they can't afford anything better. This too is incorrect. I had the decision of going with a Blackberry solution, but I chose to go with Windows Mobile because of the seamless integration with Outlook and Exchange. While the Blackberry solution was a little cheaper (which contradicts your Windows Mobile is cheap assumption) it didn't offer the flexibility or scalability that Windows Mobile offered.
I think we need to remember that it was Windows Mobile that pioneered this current "Smartphone" era that we are so comfortably living in. It is true that the market share right now belongs to the iPhone, but in the "real" business world that is outside the California bubble where everyone wants to be Steve Jobs, and in the everyday business market more and more executives are turning to the highly customizable, readily scalable Windows Mobile platform.
Believe whatever you like about Windows Mobile, but to perpetuate your opinion on the rest of the listening audience with such a broad ranging assumption without the research to validate your comments is irresponsible and will likely cost you listeners.
Thanks!
Jason in Texas
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by bitogre
September 18, 2009 12:02 PM PDT
- There is a huge difference between Terms of Service and a License Agreement. It sounds like the judge's ruling that 'Violating terms of service is not a crime" would not apply to Hackintosh and Jailbreaking.
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(3 Comments)The Mac OS X is only licensed to run on Apple computers and requires some level of Hacking and/or reverse engineering (a violation of the DCMA) to get to run on PCs. When you buy a copy of Mac OS X without an Apple Computer, it is always clearly marked as an Upgrade so you clearly are not buying a full copy legal to run on a PC.
Jailbreaking also requires hacking and/or reverse engineering (a violation of the DCMA) to get past code Apple puts on iPhones to prevent people from installing their own applications.