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Re: Opinion: NVIDIA drivers are a Good Thing [tm]



On Mon, 2004-05-17 at 11:36 -0600, Rodolfo J. Paiz wrote:
> >I don't seek silence of others. I don't remember forcing you threatning
> >to hurt you otherwise, did I?
> 
> Contradiction here. You said "I advise against recommending it" which 
> although polite, is essentially the same as "please keep your mouth shut." 
> No force or threat was implied, of course, but you sure as hell sought my 
> silence. QED.

I don't think it is essencially the same. I'm giving you the option to
do it, freely and with no strings attached, while the expression you try
to compare is a polite order.

> >It is you who don't realize that you're being cheated, as a costumer,
> >buying the package for the bright colours, accepting to be treated like
> >a criminal having to agree to outrageous conditions in order to have 3D.
> 
> Please. Less drama, more thought. I beg you to provide even the most 
> minimal substantiation for your "treated like a criminal" charge, and one 
> example of the "outrageous conditions".

Let's give you reasons, then:

1. It all starts on:

    STEP 1: Review the NVIDIA Software License. You will need to accept
    this license prior to downloading any files.

So I am forced to agree with something even before I download it and try
it. No Free Software license will force you to agree with something
before trying it out.

2. Then on the preamble of the license:

    By downloading, installing, copying, or otherwise using the
    SOFTWARE, you agree to be bound by the terms of this LICENSE.  If
    you do not agree to the terms of this LICENSE, do not download the
    SOFTWARE.

Another thing unknown in the Free world: I'm not bound to a license to
use software...

3. Then the recitals start by using a threatning memorandum:

    The SOFTWARE is protected by copyright laws and international
    copyright treaties, as well as other intellectual property laws and
    treaties.  The SOFTWARE is not sold, and instead is only licensed
    for use, strictly in accordance with this document.

While at first it seems to be natural (since software is covered by
Copyright), notice what's between the lines: "it is protected, don't you
even dare try something else other than what WE ALONE allow you"

Conclusion: they dare define the purposes I might want to run the
drivers for.

4. In 1.1: Customer

    Customer means the entity or individual that downloads the SOFTWARE.

Costumer is someone who buys something. I already bought their card. Can
you be twice a costumer for one thing you bought?

5. 2.1.1 forbids me from downloading (* yes, true! *)

    Customer may install and use one copy of the SOFTWARE on a single
    computer, and except for making one back-up copy of the Software,
    may not otherwise copy the SOFTWARE.  This LICENSE of SOFTWARE may
    not be shared or used concurrently on different computers.

So other than backing up something I don't even have yet, they forbid
the copy my browser can make.

6. 2.1.2 Linux Exception, explicitly tells you that you have ONE freedom
if you use the drivers _with_Linux_, to distribute copies.

Better luck next time, FreeBSD guys! You'll all have to download from
NVIDIA's web site.

HOWEVER, it forbids you to make any correction at all:

    provided that the binary files thereof are not modified in any way
    (except for unzipping of compressed files).


7. the limitation in 2.1.2 is reinforced in 2.1.3:
     
    No Reverse Engineering. Customer may not reverse engineer,
    decompile, or disassemble the SOFTWARE, nor attempt in any other
    manner to obtain the source code.

So you're forbidden to make any fix you may need for 70 years after the
death of the creators of the drivers (or is it 90 already in the US?)

8. It goes on...

    No Separation of Components.  The SOFTWARE is licensed as a single
    product. Its component parts may not be separated for use on more
    than one computer, nor otherwise used separately from the other
    parts.  

Remember the part in the source code? Nopes, you can't fix that either.
Yes, some people did find fixes for some problems. Congratulations,
they're just very likely guilty of Copyright violation.

9. More restrictions on use:
    No Rental.  Customer may not rent or lease the SOFTWARE to someone
    else.

But this one is not very important since you can distribute copies, IF
YOU USE LINUX.

10. 3. TERMINATION

    This LICENSE will automatically terminate if Customer fails to
    comply with any of the terms and conditions hereof.

Have you breached any of the above conditions, like giving the drivers
for FreeBSD to some dude?

    In such event, Customer must destroy all copies of the SOFTWARE and
    all of its component parts.

If you did, did you comply with this paragraph? Or are you now a
criminal for helping a friend?

Then it gives you no warranties, offers no responsability or liability
for problems (imagine if in certain conditions you got a total
filesystem corruption and lost something important...).

I hope these 10 reasons are self evident.

>  I will kindly condescend to ignore 
> your assumption of my idiocy implied in "buying the package for the bright 
> colours." When was it you said you didn't paint things radically? Never 
> mind... just try to back up your wild claims, OK?

I don't consider it idiocy. You DO CLAIM to use the driver for the 3D
support, right? That's what the allegory of "bright colours" refers to.

> I choose to look for a world which is better each day. You (specifically, 
> in a message less than two hours ago) claimed that this is a "bad" solution 
> that will in effect prevent us from ever getting a "good" solution. I find 
> your opinion of very low value. Feel free to continue arguing this, but 
> stick to facts and realities and reason. The last paragraph I quoted from 
> you above is far from that.

Well, you seem to not even have read the license, so who talks about
facts here?

Rui

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