I’ve finally switched hosting across to MediaTemple to see if grid hosting offers a better outcome than a server. So far, so good. I’m nearly totally up with Plesk now and now I know how to get around it, it seems easier than cPanel/ WHM. Cost is reasonable, not super cheap, but these guys are hosting a lot of big blogs so they should know their stuff if something goes wrong (and how many times have I had hosts in the past that have blamed WordPress when things go wrong). I’ll report back if it goes pear-shapped: the only negative so far is that MediaTemple simply don’t respond to support tickets in any reasonable time frame (I had one there for over 24 hours without response), however calling them directly was easy and sorted the problem out.
I’ve been a big supporter of the WordPress designer community over the years, and I’ve gone into bat for honest WordPress designers before, often at my own detriment.
I’ve been looking around for a new template after a couple of failed attempts on Scriptlance and oDesk to get anything done. I ended up at Solostream and bought the WP-Magazine theme thinking that I could at least use it as a framework for what I had in mind. Now when I signed up I accepted that I could only use the work on one site, and that there would be a credit in the footer, but I didn’t read the EULA until I’d opened the now paid for template (in fact there is zero link to the EULA on the buy page so it was my first opportunity). Maybe I’m being a little too harsh here, but given I’ve just paid for a template I didn’t expect this:
WP-Magazine Theme 1.0 Basic END-USER LICENSE AGREEMENT AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Solostream Web Studio for the SOFTWARE(s) identified above. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
1. The SOFTWARE is licensed, not sold.
2. GRANT OF LICENSE.
a. You MAY modify, install and/or use the SOFTWARE on NO MORE THAN ONE (1) website or blog owned by you.
b. You MAY NOT remove or modify any credits in the page footer area of the SOFTWARE.
3. DISTRIBUTION.
a. You MAY NOT sell, rent, lease, lend or otherwise redistribute the SOFTWARE in any form.
b. You MAY NOT sell, rent, lease, lend or otherwise redistribute derivative works based upon the SOFTWARE.
4. RESTRICTIONS.
a. You MAY NOT not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.
5. SUPPORT SERVICES.
a. Solostream Web Studio may – but is not required to – provide you with support related to your usage of the SOFTWARE.
6. TERMINATION.
a. Without prejudice to any other rights, Solostream Web Studio may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and remove it from any and all websites owned by you.
7. COPYRIGHT.
a. The SOFTWARE is protected by copyright laws and international treaty provisions.
b. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you.
c. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of the Solostream Web Studio and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license.
d. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
8. NO WARRANTIES.
a. Solostream Web Studio expressly disclaims any warranty for the SOFTWARE.
b. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
c. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
9. LIMITATION OF LIABILITY.
a. IN NO EVENT SHALL SOLOSTREAM WEB STUDIO BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF SOLOSTREAM WEB STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, SOLOSTREAM WEB STUDIO’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.
10. MISCELLANEOUS.
a. Should you have any questions concerning this EULA, or if you desire to contact Solostream Web Studio for any reason, please contact by electronic mail at: michael@solostream.com.
No thanks for giving us money, no thanks and we might be able to help you if you get stuck. No, just lost of nasty legalese.
The take away bonus on this is the footer link is an SEO scam as well, linking “WordPress theme” back to Solostream; I’d accept a link back to them, but at a time where Google is nuts on paid links I’m paying for trouble having a blatant link like that there.
If I’m wrong, tell me, it’s why I’ve written this post. I’m seriously thinking about deleting the template and writing the $79 off as a tax loss.
Update: following the comments I think I’ll hold on to the template. As I said to Michael in an email: the EULA scared the shit out of me, completely. My only condition is that if I use it he assures me that he won’t pull it per the EULA, I think that’s the part that scared me the most, particularly given that it when I’m finished with it, it is unlikely to be identifiable. My skill set when it comes to WP templates is editing existing ones, I couldn’t start one from scratch to save me. I intend to spend hours customizing this, but I don’t like the idea that when I do so it could be pulled out from under me.
This weekends A-list navel gazing exercise is a subject (ironically) that has been debated before: that the blogosphere provides little original content and that most blogs don’t provide a value add in terms of analysis.
It’s true…and it’s not true.
It’s true if you only follow techmeme and a specific number of blogs, for example the space blogs like TechCrunch and Engaget (presuming both are leaders in each space) cover. There are a growing number of blogs covering this space; gadget blogs are a dime a dozen and there’s a growing number of people covering Web 2.0 as well. That they will sound like an echo chamber at times is a given, considering that there is always only going to be X amount of news to cover. This is no different to the MSM either.
But look outside the very small selection of blogs (as an overall percentage of all blogs) that people seem to be bitchmeming about and you’ll find an amazing variety of choice and opinion, with more original thought than any one could ever consume in a life time.
It comes back to stereotypes.
I thought we’d moved passed many of them. In the early days it was that blogs were nothing more than personal dairies, written by amateurs that provided no value outside of entertainment. Things changed over time, and then we had debates about whether bloggers could be or are journalists. Given that most MSM sites now have blogs that’s a debate that is mostly dead and burried. That the blogosphere lacks original thought should be another one of those stereotypes that should pass, because it’s simply not true. It’s no more true than saying all black people commit crimes just because some of them do.
Dave Winer talks about the early days of blogging, and how we were watching them, and not watching each other, and yet he links to Techmeme and mentions it as proof of the problem.; he’s doing exactly what he’s rallying against. It’s not Techmeme’s fault: what you consume is ultimately up to you. Dave, if you have an issue with the content on Techmeme: stop reading Techmeme, go out and find some new blogs. Start from scratch with your reading list. The problem isn’t the blogosphere, the problem is your personal consumption list. Change doesn’t deliver itself, change comes to those who seek it out, who act to make the change. If you feel that what you read isn’t original or doesn’t value add, go find other sites that meet your personal needs; they’re there, there’s hundreds of millions to choose from.
We had a stunned bird on our doorstep this afternoon, I presume it had smacked the glass. Waving at it resulted in no response, so we figured it’s not in a good way. I think about it for a while, she who must be obeyed says to leave it there, and yet for some reason I kept thinking that it would be bad karma to not at least try and help it.
Welcome to Bird Watch. I figure if it isn’t moving in the morning in the box then it wouldn’t have been outside. With any luck it will fly away. Presuming iiNet doesn’t crash or other event, this stream should be good until 9am AEDT Sat (+11GMT) or 5pm PST Friday. I’ll update the post with the result. The page with chat board on Justin.tv here.
Update: bird successfully returned to the wild at 8:30am Saturday. Archive 90mins below
Watch live video from duncanriley.tv on Justin.tv
2Web Crew 21 is now live. And yes, I get questioned about this weeks shit storm, and no, I failed to use the c word once 
Timothy Sykes has a brilliant post up, and this video (NSFW), I know how he feels.
Now I finally have a half decent internet connection (it’s only half because it only delivers 11mb/800k not 24mb/1mb as advertised) it means I can stream video. Been playing with a few of the services and I’m just going to leave one running for a while each day and see what happens. First up is Justin.TV. Me sitting in front of a computer isn’t that exciting, but the music is great, least I think so My hours only though, the lamp is out in the office so no empty chair streaming
Looking for a Footy tipping comp where you can compete with ppl like you? Join here. I’m a RL man by birth, but one thing I picked up from my nearly 10 years in Western Australia was footy tipping. Every job I had there had a Footy Tipping comp. It’s like religion, and it’s expected that you join. This comp is free, and you get to play with friends without the money
I’ve been back from Las Vegas a week to the day, and its probably taken me as long to recover, not so much from Vegas but the insane flight home.
So was it good?
We’ll lets start on the negative side. The glamorous side of Vegas is a bit of a marketing gimmick. Vegas is actually full of old, fat Americans. Not that there’s anything wrong with that, it’s just not what the brouchures tell you
The town itself is like Disneyland for Adults. The casino’s are full on, although for example the casino at the Venitian where I stayed was smaller than most Casino’s in Australia. The difference of course is that there are heaps and heap of casinos. To get from A to B in a hotel you have to walk through the casino itself, which makes gambling rather tempting.
Architecture was kick ass, although I don’t think I got a lot of great shots; I’m starting to think that I’m a better at event/ people photography than objects. See my Flickr shots here, or the Mix shots on Flickr here.
I was up on the electronic machines, to the point I could here “Wheel of Fortune” in my dreams, but lost playing Poker for an overall loss for the week. The thing is though: I don’t care. It was worth every penny. Until this trip I’d never played poker in a casino before, always for fun or online for money. It was freaking awesome. I could have walked away one day $500 up, but instead I just kept going and going because it was that addictive. Best fun I’ve had in a long time. Poker also attracts characters as well in the US, and I saw my fair share, from the serious types with hats and sunglasses, to the crazy guys, the drunk guys, the traveling salesmen, they all had a story.
