Info-Mac 3/Info_Mac_1994-01.iso/Periodical/TidBITs/TidBITS#201

Internet Message Format | 1993-12-31 | 30KB

From: [e-mail] (Adam C. Engst)
Subject: TidBITS#201/08-Nov-93
Date: Mon, 8 Nov 93 22:01:09 PDT

TidBITS#201/08-Nov-93
=====================

Ever wondered what those dire-sounding software license agreements
   mean? Check out Brady Johnson's article on just what you aren't
   agreeing to. In the more agreeable department, we look at two
   PowerBook books, including the essential PowerBook Companion,
   glance briefly at the latest in viruses, peek through a keyhole
   at the upcoming FoxPro for Macintosh, and reveal the shameful
   truth about the low-end model of the Quadra 610 (well, OK, it's
   not that bad).

This issue of TidBITS sponsored in part by:
* APS Technologies -- 800/443-4199 -- [e-mail]
   New Seagate hard drives, new 10 GB HyperDAT, and new cases!
   For APS price lists, email: [e-mail]

Copyright 1990-1993 Adam & Tonya Engst. Details at end of issue.
   Automated info: <[e-mail]> Comments: <[e-mail]>
   --------------------------------------------------------------

Topics:
    MailBITS/08-Nov-93
    Quadra 610 Intro Error
    FoxPro/Mac Rumors
    The Flu Season Returns
    The Second Coming, Cheap
    Software Licensing: Reality Check
    Reviews/08-Nov-93

[Archived as /info-mac/per/tb/tidbits-201.etx; 30K]


MailBITS/08-Nov-93
------------------
  Recently, we've received several complaints about insensitive
  comments in TidBITS. Unfortunately, it seems that every time we
  stray from the facts of an article, or point out in a non-serious
  way what we feel is an odd situation, someone writes to complain.
  These letters disturb us because, in almost every case, it's an
  issue with which we are completely cognizant, be it the plight of
  meat packers or the concern non-Caucasians have with faux-flesh
  tone beige gloves. We always respond to these complaints because
  we dislike being misconstrued, whether or not it's our fault for
  ambiguous wording. For the record then, if you're offended by
  something you read, remember that it's probably not serious and
  think for a moment before you send email. If we wish to rag on
  something, it will be obvious.

  Some might say that we should avoid touchy subjects, but we won't
  self-censor TidBITS in that way. TidBITS is not a typical news
  offering, with every phrase pre-sanitized for your convenience.
  We've built a reputation for writing informally and will not stoop
  to antiseptic prose. There are plenty of places to find bone-dry
  writing, and we've always found that such writing makes excellent
  tinder. We like to think that Macintosh users have and prefer a
  bit more personality than that.


**Fred Showker** <[e-mail]> writes:
  Color It has been in my tool box for some time, and I can report
  from personal experience that it is a smooth operator. I have used
  it in many projects for which Photoshop was too cumbersome. My
  children's LC II (4/80) system would not even launch Photoshop 2.0
  until I downgraded to System 6.0.8, and even then it would only
  run on a skeleton set of plug-ins and small 16-bit color images.
  Color It, on the other hand, opens and manipulates larger files
  handsomely on the same machine.

  Color It's airbrush and paint brush tools work more fluidly and
  seem to run faster than Photoshop's on non-muscle Macs, as do its
  virtual memory functions. Color It is also much easier to use in
  terms of palette setups like blends and gradations - they're much
  more intuitive and responsive. Magic wand, multiple-selection
  tools, and selection feathering are all included for photo
  retouchers. Color It also requires little drive space. The full
  package, including tutorial files, occupies just over one
  megabyte.

  Keep in mind folks, that I'm talking about the previous version of
  Color It - not the upgrade! I'm looking forward to tablet support,
  expanded scanner support and the other features adorning Color It
  2.3. Even though it's considered un-hip to chat about anything
  other than Photoshop, for "the rest of us" (those of us who don't
  have muscle Macs) Color It will be a welcome addition.

  [Also note that a reader confirmed that the special offer on Color
  It that we reported on in TidBITS #199_ includes the manual on
  disk, not in printed form. -Adam]


Quadra 610 Intro Error
----------------------
  by Mark H. Anbinder, News Editor -- [e-mail]
     Technical Support Coordinator, BAKA Computers

  Apple shamefacedly admitted last week that its introductory
  materials and data sheets for the Quadra 610 incorrectly stated
  that all Quadra 610s have a floating point unit (FPU). In fact,
  Apple changed the configuration of the Quadra 610 8/160 at the
  last minute; it includes a 68LC040 processor instead of a full
  68040, and therefore lacks an FPU.

  Both other Quadra 610 configurations (the 8/230 and 8/230 CD)
  provide the FPU within the 68040 processor, as do all
  configurations of the Quadra 660AV. All configurations of Quadra
  610 include built-in Ethernet.

  Although Apple doesn't offer an FPU upgrade for the Quadra 610,
  third parties have sold full 20 MHz 68040 chips for the purpose of
  upgrading the Centris 610. It should similarly be possible to
  obtain a 25 MHz Motorola 68040 chip to replace the 68LC040 in the
  Quadra 610, but users should understand that this isn't an Apple-
  approved or Apple-endorsed approach [and if I remember correctly,
  it's expensive too -Adam]. Users who require the FPU capability
  should purchase a Quadra 610 with a full 68040 or a higher-end
  Quadra.


FoxPro/Mac Rumors
-----------------
  Pythaeus writes that long after buying Fox Software, Microsoft may
  finally release FoxPro for Macintosh, probably at Macworld Expo in
  San Francisco for $495. Here then are some details about cross-
  platform development work with FoxPro, which is rumored to be the
  fastest Mac database when it ships.

  FoxPro/Mac is cross-platform, so applications that you build can
  be somewhat easily transported to DOS and Windows, and perhaps
  next summer, to Unix too. Once you transport and adjust
  applications for each platform, the code for both platforms exists
  in the same file. In other words, you can have a Windows, a DOS,
  and a Mac client all using the same program and data files on your
  server.

  Current FoxBASE+/Mac users will be far behind if they haven't
  already started using FoxPro for Windows, since commands for
  dealing with screens, menus, and so on have all changed
  dramatically. Microsoft includes an application that attempts to
  update your code from FoxBASE+/Mac, and it's fairly successful.
  However, you lose the benefits of FoxPro/Mac's excellent screen
  and menu generation facilities.

  FoxPro's methods for handling platform differences are both useful
  and disturbing, but understandable considering that Microsoft is
  the developer. For example, pathnames can either be Mac style,
  "HD:Foxpro:My Program:Program.prg" or DOS style,
  "HD:\Foxpro\MyProgrm\Program.prg". However, all of FoxPro's
  functions return only DOS-style pathnames. The trick here is to
  avoid backslashes in your Mac filenames.

  For developers who must ship their programs the day that Microsoft
  releases FoxPro/Mac, consider moving your code to FoxPro for
  Windows today to simplify porting back to the Mac and to possibly
  increase market share. Be careful of font differences, and note
  that FoxPro/Mac supports basic Apple event scripting (using the
  doScript event to call FoxPro functions), but not DDE, Microsoft's
  proprietary method of data sharing between applications in
  Windows.


The Flu Season Returns
----------------------
  The chill is returning to the air as autumn moves on (well, at
  least in the Northern Hemisphere), and it appears that some Macs
  have caught two new bugs, viruses actually. Mark Anbinder whipped
  up these brief descriptions.


CODE-1
  A virus called CODE-1 has been reported at several sites. Its only
  explicit action, other than spreading, is to change the name of
  the startup hard drive to "Trent Saburo" if the Macintosh is
  restarted on 31-Oct of any year. Because it changes several
  internal code pointers, this virus may lead to system crashes,
  unusual application behavior, and other problems. All current
  antiviral utilities should be updated to handle this virus.


MBDF-B
  MBDF-B is a new variant of the MBDF-A virus, which was first
  discovered in February 1992. It appears to be a slightly-modified
  MBDF-A, changed and released by a person or persons unknown. Like
  the original, this virus does not intentionally cause damage, but
  may spread quickly and widely, and can cause problems. Some
  existing Mac antiviral utilities detect this virus, but all
  utilities should be updated to properly recognize and handle it.


Utility Updates
  Macintosh antiviral developers have released the following
  antiviral utility versions to handle the CODE-1 and MBDF-B
  viruses:

* Central Point Anti-Virus 3.0a
* Disinfectant 3.3
* Rival CODE-1 vaccine
* SAM 3.5.9 and associated Virus Definitions file
* Virex 4.1
* Virus Detective 5.0.10
* Gatekeeper 1.2.9

  You can find Disinfectant online in all the standard places,
  including <sumex-aim.stanford.edu> as:

    /info-mac/vir/disinfectant-33.hqx

  For further information, contact the developer of the utility you
  use. Please obtain an update immediately and scan for infections.
  If you use both a scanning utility and a "suspicious activity
  monitor," be sure to update both utilities. If you do not use
  antiviral software, we highly recommend that you start.


The Second Coming, Cheap
------------------------
  We're all used to purchasing updates to software packages since
  the programmers add useful new features and fix bugs, right? The
  more I learn about the publishing industry, the more I realize how
  closely it resembles the software industry. Consider the second
  edition of a book - the author covers the subject more completely,
  makes corrections, and eliminates facts that have passed the way
  of the Mac Plus and the carrier pigeon. The only difference is
  that because books are usually inexpensive, publishers seldom
  offer discounts to those who purchased the first edition.

  The second edition of Rich Wolfson's (now co-authored by Sharon
  Zardetto Aker) PowerBook Companion (Addison-Wesley, ISBN 0-201-
  62621-7) is now available, and in an unusual coincidence, there's
  even a trick for buying it cheap. I first reviewed Rich's book in
  TidBITS #152_, giving it the highest of marks, if I remember
  correctly. I've read the second edition, and it satisfies the
  requirements of an upgrade, offering new features and bug fixes.

  Whereas the first edition covered only the PowerBook 100, 140, and
  170, the second edition covers everything up to the 180c,
  including the Duo 210 and 230 (but not the just released 250 and
  270c). The sections on peripherals and software swelled to discuss
  the many products that have reached the market since the first
  edition, and in general the book feels fuller. The first edition
  filled the need of the new PowerBook market starved for solid
  information; the second edition comfortably covers the now-mature
  PowerBook world.

  One of the high points of the book is its charts. It has charts
  outlining the features of every PowerBook model and a chart
  detailing the power states of different components when the
  PowerBook is awake, sleeping, or shut down (with a separate chart
  for the 100, which is often different). Perhaps the most
  noticeable addition to the book is a disk containing oodles of
  freeware and shareware PowerBook utilities to monitor your
  battery, fatten your cursors, toggle your AppleTalk, and so on.
  There's nothing here you couldn't find online, but for those
  without solid network access, it's a major bonus.

  The personal tips and quirks remain from the first edition as
  well. Rich and Sharon doctored several About This Macintosh
  dialogs used in screenshots to identify the PowerBook in question
  as an as-yet-nonexistent 190 running System 8.1. And then there
  are the X-rays of Rich and Sharon's PowerBooks (to prove that
  putting them through the X-ray machine at the airport is OK),
  along with an X-ray of Sharon's metal-reinforced spine. Cute,
  guys. They also recommend that if you don't have a protective case
  for your battery (since a paper clip could theoretically short out
  a loose battery and cause a fire) you can call Apple for a case,
  or you can use a sock. It leaves me wondering if their editor
  didn't at some time tell them to put a sock in it.

  In any event, I'm pleased that Rich and Sharon didn't clam up
  after the first edition, since the second edition improves on an
  already-useful first edition in numerous ways. If you own a
  PowerBook, sell PowerBooks, or support PowerBooks, you should own
  a copy of this book. The cover price is a standard $24.95, but for
  the month of November, you can purchase it from Mac's Place for
  $10 (plus $3 shipping). That's cheap, but if you can't manage to
  order in November, I'm sure your friendly local bookstore either
  has it or can order it.

    Mac's Place -- 800/897-0009 -- [e-mail]


PowerBook: The Digital Nomad's Guide
  As much as I swear by Rich and Sharon's PowerBook Companion, I
  also thoroughly enjoyed reading PowerBook: The Digital Nomad's
  Guide (Random House Electronic Publishing, ISBN 0-679-74588-2,
  $24, also available from APS), by Andy Gore and Mitch Ratcliffe,
  news editors from MacWEEK. Mitch and Andy combined for an
  extremely readable style that reflects the authors behind the
  words far more than do most books. The book comes with a disk
  containing various freeware and shareware applications along with
  the commercial programs AgentDA (demo), QuicKeys for Nomads,
  Spiral (demo), Dynodex, and Synchro.

  My major quibble with the book is that Mitch and Andy have three
  terms for different types of PowerBook users - the Intentional
  Tourist, the Mobile Commuter, and the Road Warrior - each of which
  uses a PowerBook in different ways. This distinction is not a
  problem, but using the distinction as a way of organizing the
  book's layout and calling out certain issues in sidebars confuses
  things. PowerBook: The Digital Nomad's Guide has more information
  than the PowerBook Companion about using applications on
  PowerBooks and applications that PowerBook users would be likely
  to want to use. It also covers communicating via the Internet,
  which is always nice to see. Overall, it's a good book and a more
  engaging read than most Macintosh books, due in large part to both
  the authors' stories about using PowerBooks in airports around the
  world and the brief introduction by Douglas Adams. Perhaps even
  more interesting is that there is an electronic edition of the
  book that was published simultaneously. I haven't seen it, but I
  wonder how it has done in comparison to the paper version.


Software Licensing: Reality Check
---------------------------------
  by Brady Johnson -- [e-mail]

  [Yes, Brady is a lawyer, and doesn't just play one on the nets.
  Note that the discussion below applies in the U.S. and may vary in
  your part of the world. -Adam]

  A couple of months ago, Adam asked me to write an article about
  software licensing, and asked Internet folks to let me know about
  strange, weird, or merely incomprehensible software licenses they
  had seen. Most of the responses noted the inconsistent and
  sometimes bizarre restrictions on transferring software or
  duplicating it even for personal use. It is interesting that
  although these are arguably the most important features of any
  licensing arrangement, they are the least intelligibly explained
  by the most commonly seen licenses. In this article, I focus on
  answering the one question that I have distilled from all the
  reader input: Can they really do that? ("That" being whatever the
  clause in question addresses).

  The bottom line is that while federal copyright and other
  protections certainly apply to mass marketed commercial software,
  there is no legal authority upholding many of the additional
  restrictions on transfer and copying often found in software
  licensing agreements. Indeed, it is distinctly unclear at present
  whether any license arrangement that does not openly and
  specifically form part of the initial purchase would be upheld in
  court. Interestingly, both Louisiana and Illinois have enacted
  statutes attempting to extend traditional contract law to apply to
  these so-called "shrink wrap licenses." Both laws were struck down
  by the courts almost immediately and at present, there are no
  statutes dealing with this issue.

  To understand this issue it is important to understand some basic
  law in the areas of "intellectual property" and contract. Let's
  take a look at the basic rules in these two areas.


Software Protection 101
  Software can be protected in five basic ways. Three of these take
  advantage of specific, long-standing methods of protecting the
  creations of one's mind, aka intellectual property. These are
  patent, copyright, and trade secret protection. The general law in
  these areas is well established, although there remain many
  questions as to how the laws apply to software. The fourth method
  is copy protection. This approach was popular for a short time,
  but it rapidly became obvious that any bright grade school student
  could beat any copy protection scheme before study period ended.
  The rise of the hard drive also made copy protection impractical.
  Today, few broadly marketed commercial products use this approach,
  at least in the U.S.

  The fifth approach to software protection is the "contract" or
  "license" approach, which tries to apply traditional legal notions
  of contract to software purchases. Mass-marketed products, such as
  Microsoft Word and Lotus 1-2-3, come with a "Licensing Agreement"
  threatening dire consequences to any who violate whatever terms
  may be included in the small print. These licenses are invariably
  printed in an obscure dialect known to linguists as "lawbabble" or
  "legalese." Some of these "agreements" contain provisions that are
  annoying, but quite enforceable. Many of these licenses contain
  provisions that range from the impractical and impossible to the
  just plain stupid. There is substantial debate in the legal
  community as to whether all of these provisions are enforceable.

  Another approach to software protection uses market forces rather
  than law. The so-called "extralegal" approach sees marketers
  offering additional incentives such as free upgrades, technical
  support, rebates and the like to registered users while presumably
  leaving the pirates out in the cold. The problem with using this
  approach alone is that it is as easy for an unscrupulous end user
  to pirate copies of updates and upgrades as it is to obtain the
  original application. Technical support is freely available on a
  variety of commercial bulletin boards and from user groups - the
  thief need not rely on the publisher's own technical support. The
  extralegal approach is commonly used in conjunction with the
  contract method.


Contracts 101
  A contract is nothing more than an agreement between two or more
  parties, in exchange for something of value, called
  "consideration." The agreement must consist of an offer that is
  communicated to another, and a knowing and voluntary acceptance.
  Consideration can be something tangible, such as money, or
  something intangible such as a percentage interest in a money
  market fund. A promise can even be considered consideration. So a
  valid contract is formed where a promise is exchanged for another
  promise. In fact, this is probably the most common type of
  contract.

  A license is a type of contract where one person "rents" a certain
  right or item to another. The most common types of licenses are
  bus tickets (well, most buses don't actually give tickets, but you
  get the idea) and theater tickets. The only thing you buy is the
  right to ride the bus, or to see the show. Your rights end when
  the bus reaches its destination or when the show is over.


If A License Is A Contract, When Did I Sign?
  What the software companies are trying to pass into law by
  papering all of us with these "licenses" is the idea that when you
  buy software, you aren't actually buying software at all - all
  you're buying is the disk and certain limited rights to use the
  software magnetically encoded on it. Considering  the effort,
  time, and expense that goes into good software coding it is no
  surprise that vendors want to guard their product from piracy.
  This is particularly easy to see with a product so easily
  duplicated as a floppy (by contrast, try making multiple copies of
  a paperback for your friends!). The very fact that it is so easy
  to copy software makes traditional protections methods like
  copyright inadequate to stop the problem.

  So the software industry has increasingly turned to the idea of
  licensing the use of their product to individual users, while
  retaining ownership of the actual product. This approach is not
  new. In the olden days - a few years back - most software was sold
  in small quantities. Contracting with each purchaser made sense
  since the numbers were smaller. In fact, this approach is still
  used today with products that are sold to small group of buyers,
  such as customized database products designed for mainframes.

  But problems arise in trying to apply the contract approach to the
  mass market. Let's say you buy a software package. It comes in a
  flashy box with a lot of writing on the back about the neat stuff
  that the software will do. You fork over some cash for it and rush
  home to try it out. You open the box, and see the floppy disks in
  a paper sack with the words "Important Licensing Information"
  written on it. Totally ignoring this "important" information, you
  tear into the sack and install the software (how many of you do
  this? show of hands please?). Let's also say that the "Important
  Licensing Information" started out something like: "This is a
  legal Agreement between the buyer and the VaporWare Company. If
  you do not agree with the provisions of this Agreement then you
  must immediately return your VaporWare product for a full refund."

  Well? Are you stuck with a contract even though you didn't read
  it? Is the entire legal staff of VaporWare trying to pull a fast
  one on you by sneaking this into the box so you don't know about
  it when you purchase the product? Hmm. Let's take another look at
  the contract rules we started out with. When you paid for the
  product, you knew nothing about this "agreement" inside. In fact,
  you couldn't have learned about it without opening the box, which
  would mean paying for it. (Catch 22?) When you got home and opened
  the box, you found this new "agreement" in which the good people
  at VaporWare tell you that you are now party to a contract you
  knew nothing about when you bought the software.

  Under traditional contract analysis, this type of agreement would
  not be enforceable since it was unknown at the time of purchase
  and thus, could not have been negotiated or agreed to. In other
  words (lawyers always have other words), the offer to buy the
  product did not include the terms of this license, and you did not
  accept the offer and pay your hard-earned money with the
  understanding that this license would apply. Simply opening the
  package does not mean that you have entered into a second contract
  because not only have you not negotiated anything, but no new
  "value" has been exchanged. That is, VaporWare has given you
  nothing extra in exchange for your supposed agreement to the
  second contract. Ironically, this analysis is even stronger if you
  didn't read the agreement, since you certainly can't be forced to
  agree to something you know nothing about. There is no legal duty
  to read everything in a package.

  Even if you read every word of the license agreement, and mentally
  assent to it before opening the package, the question is not
  resolved. With respect to consumer sales most courts follow a line
  of cases holding that one-sided contracts created in conditions of
  clearly unequal bargaining power are not recognized to the extent
  that they impose unreasonable or "unconscionable" conditions on
  the consumer. There are numerous additional difficulties presented
  by the current approach to these license agreements under
  traditional contract law, as well. Fortunately for you, dear
  reader, Adam won't let me go into all the gory details (it would
  only be a few dozen pages!)

  Well now, wait a minute. Does this mean that you can ignore all
  that licensing stuff and make all the copies you want, hand them
  out to your friends, or even open up shop and start marketing
  copies of VaporWorks - the leading VaporWare product? Nope.
  Federal copyright law still applies, and prevents you from legally
  "publishing" (e.g., copying and distributing) any copies of the
  software without authorization from the copyright owner. In fact,
  copyright law makes it a criminal offense to do this, punishable
  by fines and prison time.

  At least one software publisher has decided against using the
  licensing approach in one of its products. Purchasers of Prince of
  Persia, a Broderbund product, may notice that the package contains
  no license. Instead, the manual contains a brief statement that
  the software is protected by federal copyright law and that
  "copying the software for any reason other than to make a backup
  is a violation of law. Individuals who make unauthorized copies of
  software may be subject to civil and criminal penalties." Despite
  all of the fancy wording and restrictive language of other
  publishers' licenses, under the current state of the law, I
  believe that Broderbund's simple, two-line statement most likely
  accurately reflects all of the legal protections actually
  available.


The Bottom Line
  Although a couple of cases have addressed shrink wrap license
  issues, none has decided the issues of greatest concern to us:
  whether the restrictions on archiving, personal backups, use on
  more than one hard drive, etc. are valid or just so much smoke.
  Although several states are actively considering shrink wrap
  license legislation, only two have passed laws on the subject and
  in both cases, they were promptly struck down by the courts.
  Neither of those cases addressed these issues either - the
  statutes were stricken on constitutional and other grounds not
  related to their substantive provisions.

  Though existing contract law does not support the restrictions
  contained in many licenses, it may be tempting fate to wantonly
  disregard them. After all, who wants to become the defendant in
  the first test case? It is one thing to say, "they can't win -
  they're full of hogwash" and quite another to be confronted with
  the prospect of paying legal fees and costs to assert your
  defenses.

  One thing is clear - duplicating commercial software for
  distribution is a violation of existing law. Ultimately,
  distribution of any unauthorized software that deprives the
  rightful owner income, profits, or any other benefits is probably
  a violation of the federal copyright laws (and hence, a crime) and
  may also constitute certain civil torts, such as interference with
  business or contractual relations. In some states, punitive
  damages are available for this conduct. It is not necessary to
  sell the product to run afoul of these laws. ANY distribution will
  do - including gift, sale, rental, etc.

  The best course is, as always, common sense. We may quibble about
  whether we can be prevented from making two backups instead of
  only one, or whether it is all right to have VaporWorks on both
  the office and home Macs at the same time, but everyone knows that
  it is wrong to distribute someone else's software without paying
  for it. That is known as piracy and in addition to being a
  criminal act, it is also as immoral as any shoplift or theft.


Reviews/08-Nov-93
-----------------

* MacWEEK -- 01-Nov-93, Vol. 7, #43
    Quadra 605 -- pg. 1
    VideoVision Studio -- pg. 45
    upFront 2.0 -- pg. 45
    Redux Deluxe 2.0 -- pg. 48
    Personal MacLan Connect 3.02 -- pg. 50
    Snap Mail 1.0.1 -- pg. 51
    Liken 1.3 -- pg. 52

* InfoWorld -- 01-Nov-93, Vol. 15, #44
    Coactive Connector -- pg. 113


$$

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