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Read the Fine Print

nihilist_1137 writes: "This story is about how MS changed its EULA and you just gave them control of your computer. In the section on Windows XP Professional, 'Internet-Based Services Components' paragraph says in part, 'You acknowledge and agree that Microsoft may automatically check the version of the Product and/or its components that you are utilizing and may provide upgrades or fixes to the Product that will be automatically downloaded to your Workstation Computer.'"

623 comments

  1. beyond the pale... by jpellino · · Score: 1, Offtopic

    What happened to "your right to swing your fist ends at my nose".

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  2. Two Perspectives by spongebob · · Score: 1, Funny

    One is that Microsoft sucks for doing this... I think most people can agree to that.

    Two is that people are stupid if they don't read those agreements. They are so used to clicking next that anyone who has agreed to this deserves to give thier info to M$

    1. Re:Two Perspectives by egreB · · Score: 1

      One is that Microsoft sucks for doing this... I think most people can agree to that.
      Agreed.
      Two is that people are stupid if they don't read those agreements.
      Now that's something else. I wouldn't call myself stupid. I have actually read the Windows 98 EULA, but all the software that's downloaded and tried through the years' EULAs, I don't bother to read. I mean, how many people actually read EULAs?

    2. Re:Two Perspectives by shaunak · · Score: 1

      "Two is that people are stupid if they don't read those agreements."

      If you actually read all the EULAs a reasonable computer user may expect to come across, you're either -
      A> A lawyer looking for a nice easy way to sue some company for money
      OR
      B> Seriously in need of some psychiatric help. Either that or you need some more work (or even a good hobby).

      --
      -Shaunak.
    3. Re:Two Perspectives by JanneM · · Score: 3, Insightful

      Two is that people are stupid if they don't read those agreements.
      Now that's something else. I wouldn't call myself stupid. I have actually read the Windows 98 EULA, but all the software that's downloaded and tried through the years' EULAs, I don't bother to read. I mean, how many people actually read EULAs?


      If they don't, they are getting what's coming to them. Anytime someone enters a legal agreement it is their duty to make sure they know what their agreement actually is. Would you take a loan, buy insurance, rent an apartment or buy a book from Amazon without knowing the terms of the deal?

      This is even worse, though, as it is about the volume licensing for companies. Sure, I can understand that someone buying a game for their kids don't bother with the EULA (consumers do have a layer of legal protection against onerous agreements), but this is about companies not even bothering to find out the terms of use for software that's expensive and critical for their operation. That is stupid.

      /Janne

      --
      Trust the Computer. The Computer is your friend.
    4. Re:Two Perspectives by gdiersing · · Score: 3, Interesting

      I wonder how many people have read the EULA and then clicked cancel and returned the product...... oh wait nevermind, since most people get it preloaded they never had the chance.

    5. Re:Two Perspectives by DrSkwid · · Score: 2

      C> someone who want's to know what they are agreeing to before proceeding

      I almost always at least skim through EULA's (and the GPL/LGLP/BSD licences make this easer, read once agree anywhere).

      I certainly take the time to read the TOC of the web services I sign up to to see what they are going to do with my info etc.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    6. Re:Two Perspectives by PhotoGuy · · Score: 2

      So what if I don't like the license agreement? By the time I've seen it, I've already paid for the damn product.

      There should be a law requiring the EULA to be printed or summarized on the box, or published on the web site, so people can know before-hand. Once you've bought the product, what are you gonna do, try and return it because you didn't like the EULA, or put it on the shelf?

      Once again, consumers need to spread the word about such EULA's, and kick up a stink about them, and let it be known what's going on. Simply clicking "disagree" isn't going to save the next poor bugger, nor yourself. :-)

      -me

      --
      Love many, trust a few, do harm to none.
    7. Re:Two Perspectives by Flower · · Score: 2

      It does seriously put a new spin on the phrase "How much is your time worth?"

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    8. Re:Two Perspectives by xonker · · Score: 3, Interesting

      So what if I don't like the license agreement? By the time I've seen it, I've already paid for the damn product.

      Not only have you paid for it, but if you buy it at a typical store like Best Buy you're stuck with it even if you don't agree to the license -- as soon as you open the shrinkwrap, it's non-returnable. Conveniently, you can't even read the full EULA until you've opened the product. M$ should have to print the entire EULA and attach it to the outside of the box.

    9. Re:Two Perspectives by Stary · · Score: 2
      Would you take a loan, buy insurance, rent an apartment or buy a book from Amazon without knowing the terms of the deal?

      No, just like I wouldnt buy, say, Windows XP from Microsoft without knowing the terms of the deal. But I would read the books from Amazon without reading through the intro pages of copyright info, and I don't see why I should need to read 25 pages of EULA to read a book, or use a piece of computer software.

      Now let's just look at it: Do you really expect people who think copy-and-paste is difficult to read and understand the EULAs? The paragraph quoted in the article probably sounds perfectly fine to Joe User... should I have to hire a lawyer to use Windows XP?

      --
      Tomorrow will be cancelled due to lack of interest
    10. Re:Two Perspectives by Ignominious+Cow+Herd · · Score: 1

      I agree, but the remaining problem is that the language seems designed to discourage people from reading it. I think a better law would to be to require a Plain Language Summary of the EULA that must substantially reflect all that legal crap. I can't imagine anything in there that can't be summarized like "we have the right to check your compliance with our license." or some-such. Then go ahead and follow it with the legalese if you need to.

      --
      Lump lingered last in line for brains, and the ones she got were sorta rotten and insane.
    11. Re:Two Perspectives by Gonzoman · · Score: 1

      Then they would need MUCH larger boxes . . .

    12. Re:Two Perspectives by gimpboy · · Score: 1

      have you ever heard that ignorance of the law is no excuse? they should have covered it in civics. if you agree to something you dont understand you are still resposible.

      --
      -- john
    13. Re:Two Perspectives by Sir+Holo · · Score: 2, Informative

      Two is that people are stupid if they don't read those agreements. They are so used to clicking next that anyone who has agreed to this deserves to give thier info to M$

      OK, my ex-girlfriend is a lawyer, but I am not. She talked specifically about this sometimes. The Ex says:

      (1) One thing that is always considered in legal issues is, "What would a reasonable person do?" Well, no "reasonable person" can read every EULA they get. Therefore, it is not clear that any non-standard stuff that you "agree to" can be enforced, because it has not been tested in the courts (when we discussed this).

      (2) Contractual obligations cannot supersede the law, and you cannot sign away your rights. For example, "You agree to enslave yourself to Bill if he decides he wants that," would not be enforceable.


      Remember, this is second hand, but it seems applicable here. Perhaps a law-talkin'-guy can expound.

    14. Re:Two Perspectives by smcv · · Score: 1

      Great, call it an incentive to make the EULA more reasonable. Would anyone buy Windows if its box was twice the normal size and completely covered in legalese? :-)

      (depressingly, the answer is probably 'yes'...)

    15. Re:Two Perspectives by xonker · · Score: 1

      Well, it's legalese. It is hard to read, but legal terminology is somewhat specific -- I'm not sure if a plain language representation would hold up in court. In other words, it might be possible for someone to say that the plain language version and the legalese version were out of sync and to sue M$ over the discrepancy -- even if there wasn't an intentional discrepancy. IANAL, though, so I could be wrong.

    16. Re:Two Perspectives by Stary · · Score: 2
      Define "agreeing". If I first edit the installer to make the button say "I disagree", does that help me? Where does it state clicking a button in a computer program is agreeing to a legal contract? What if one person installs a program, and another person is the actual user?

      Honestly now, if I released a program with a long long legal-mumbo-jump-like text saying "you have to pay me 25% of your salary every month you use this program", and then sue my users when they refuse to pay up... What would you say my chances of winning in court are?

      Maybe thats a far-out example, but I think you see the point. It could just as easily say "We have the right to use any information as sent to us by this program in any way we see fit. Further the program may look at files on your disk." I could then enjoy the benefits of credit card information, selling email addresses for spam, and what-not.

      Face the facts: People do not read legal mumbojumbo presented on a computer monitor when installing "Splatterfest XXI: The Massacre" to play. What if a video tape had the text on it "By pressing the play button on your video player, you agree to send $1000 to the maker of this movie." Is that a legal contract all of a sudden as well?

      Now, maybe where you are corporations rule and buy their own laws left and right but that's not the way it is all over the globe. I have a feeling that in many countries the court would just say "if you want people to understand it then write so that they can."

      --
      Tomorrow will be cancelled due to lack of interest
    17. Re:Two Perspectives by inquisitor · · Score: 1
      One is that Microsoft sucks for doing this... I think most people can agree to that.
      I'm not so sure about that one: look at the text again...
      'You acknowledge and agree that Microsoft may automatically check the version of the Product and/or its components that you are utilizing and may provide upgrades or fixes to the Product that will be automatically downloaded to your Workstation Computer.'
      As far as I read into it, the "Product" is Windows XP/IE6 and the "upgrades and fixes" are patches to same; not non-MSFT software on your system. This is just covering Microsoft legally because the automatic update feature is turned on by default; Microsoft's law division is larger than his father's firm.

      As this is just an automatic interface to Windows Update, it's not really worth referring to; and if you really want to turn it off, go to the 'Automatic Updates' tab in the System control panel. Or you can tell it to ask you.

      And if you do turn it off, remember that Code Red was patched a month before the worm came out; ditto Nimda. So remember to check manually...
    18. Re:Two Perspectives by rseuhs · · Score: 4, Interesting
      Now, maybe where you are corporations rule and buy their own laws left and right but that's not the way it is all over the globe. I have a feeling that in many countries the court would just say "if you want people to understand it then write so that they can."

      For example in Germany the whole EULA is completely void, that's why there are no longer OEM-licenses in Germany. (Courts said that users could use them everywhere, not just on the computer it came on)

      The funny (or sad) part is that Microsoft also does not follow their own EULA in Germany: You don't get any refunds.

      But they still ship everything with the EULA...

    19. Re:Two Perspectives by base3 · · Score: 1
      They are so used to clicking next that anyone who has agreed to this deserves to give thier info to M$

      That's because those agreements won't ever hold up, and attempts to actually give them the force of law (q.v. UCITA) aren't doing well, even with MS owning half the legislative, half the judicial, and all the executive branches.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    20. Re:Two Perspectives by Shelled · · Score: 1

      Pure crap. What makes you think that the average technically competent buyer could understand the agreements to a legally valid degree? Corporate law is immensely complex and deeply nuanced. The only way perspective two has any validity is if a lawyer reviews every piece of Microsoft software before installation for every user, home or office. If that sounds fair to you, please don't ever run for office.

    21. Re:Two Perspectives by AntiNorm · · Score: 3, Insightful

      Anytime someone enters a legal agreement it is their duty to make sure they know what their agreement actually is.

      But are EULAs really legal agreements?

      No laws are clear on it, and it hasn't been tested in court yet. But the widespread suspicion is that a court would rule that an EULA is NOT a legal agreement.

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    22. Re:Two Perspectives by Anonymous Coward · · Score: 0
      have you ever heard that ignorance of the law is no excuse? they should have covered it in civics. if you agree to something you dont understand you are still resposible.


      Having the ability to read and understand the law but ignoring it is ignorance. lacking that ability can't be.

      I have a serius problem with the legal system here (US) that holds people responsible to laws they can't possibly read, given that only $200/hr people are available to consult with. Same is true for EULAs, it may be lagal but I totally disagree with holding people bound to what they can't read/understand. If there were a law that stated EULAs cannot be longer than a page (or x number of words) and the language used must be such that the average expected user of that software can easily understand it, then I'd agree with holding people to it, but otherwise it's like allowing M$ to write the eula in chinese and still hoding all americans to it.

    23. Re:Two Perspectives by Anonymous Coward · · Score: 0

      That's bullshit. With justice like that there will be no one left to see you get your just desserts...

    24. Re:Two Perspectives by Anonymous Coward · · Score: 0

      contracts are not laws

    25. Re:Two Perspectives by anshil · · Score: 1

      It's the same as people putting paragraphs into contracts where they _know_ that they confront law and will never stand when fighted at courtyard. However 99% of people (including me) don't know enough of juristic and are still scared because it's standing inside. This is not EULA specific but general for every contract that is not important enough to be peer viewed, (like in example an eula :o)

      Why shouldn't they put the paragraph inside? If I fight it and win, the rest of the contract still is valid, so they have the same result as they would have never written it. However 99% don't know that it's confroting a law and follow the paragraph, the remaining 1% don't care that much or it is not an issue for them to sue.

      --

      --
      Karma 50, and all I got was this lousy T-Shirt.
    26. Re:Two Perspectives by aka-ed · · Score: 1
      Yeah, MS sucks, but not for this.

      Anyone with two cells in their brain know why that language is in there. Auto-Update is on by default in XP, which was designed before 9-11 and MS's newfound "commitment to security," which may actually prove to be sincere.

      This language is not meant to give MS the right to check serial numbers, or to the ability to tear apart corporate lans. It's there to protect MS from idiots who don't know enough to turn off auto-update, which is easily done by anyone with a clue.

      The linked article is remarkably similar in tone and logic to the well-known tabloid troll Ed Anger, only the target of wrath is M$ instead of the Unamerican.

      --
      I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
    27. Re:Two Perspectives by Anonymous Coward · · Score: 1, Insightful

      > Two is that people are stupid if they don't read those agreements. They are so used to clicking next that anyone who has agreed to this deserves to give thier info to M$

      You must have missed the part where that language changed over time. Reading it once is not enough - you have to periodically go back and reread it, compare with the old copy (..and you did keep a copy of the old text around, didn't you?...), and see if you agree with the changes.

      And if you don't, then what? You've already paid for and installed the product. A little late to be deciding you don't like the (changed) license.

    28. Re:Two Perspectives by arkanes · · Score: 2

      "its components that you are utilizing" may be considered, for example, any dll on your system. Arguably, any program that makes any system calls at all could be considered a component. While I think it's perfectly possible that this is, in fact, intended as a CYA with regards to auto-update, you should note that the language doesn't mention the windows update service - meaning this clause would hold even if you disabled windows update. Which could mean you're in violation if you don't, for example, download the latest patch to the DRM utlities.

    29. Re:Two Perspectives by Anonymous Coward · · Score: 0

      The point is that it should have been modded up.

    30. Re:Two Perspectives by onepoint · · Score: 1

      >(2) Contractual obligations cannot supersede the law, and you cannot sign away your rights. For example, "You agree to enslave yourself to Bill if he decides he wants that," would not be enforceable.

      agreed, but you can sign away most of your right's up to the line of the law. that's what some software companies do. for example the reviews on certain software can not be made public ....

      onepoint

      --
      if you see me, smile and say hello.
    31. Re:Two Perspectives by Anonymous Coward · · Score: 0

      Would you take a loan, buy insurance, rent an apartment or buy a book from Amazon without knowing the terms of the deal?



      There is no way to know the terms of the deal until you have already bought and openned the package. Taking out a loan, renting an apartment, or buying a book all entail knowing the entire agreement BEFORE you hand over any money. Clearyly Microsoft should print their EULA on the outside of the box if they want it to hold.

    32. Re:Two Perspectives by Anonymous Coward · · Score: 0

      ha you give web services your real name

    33. Re:Two Perspectives by DrSkwid · · Score: 1

      do I?
      that's not what I said

      anyway if you'd like to use my name at https://www.billpayment.co.uk/
      feel free

      also if you want to charge up my nochex account feel free

      Some services will only work if you use your own name because that's what it says on your CC/Debit card and wrong name = no service.

      At least reading the EULA lets you know what you're in for and with an email address for each service I can see if they break their "we won't give your email address away" promise.

      so ner ner

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    34. Re:Two Perspectives by Ignominious+Cow+Herd · · Score: 1

      Of course. I was suggesting that In Addition to the legalese there should be equivalent Plain Language (sort of an outline?). Ahh, just read your "In other words"...yes, it would indeed be tricky to implement. IANAL - but my brother is and I lived with him and two other law students for 3 years - does osmosis count?

      --
      Lump lingered last in line for brains, and the ones she got were sorta rotten and insane.
    35. Re:Two Perspectives by maxpublic · · Score: 1

      A EULA *is not* a legal agreement. I challenge you to find a single scrap of code, federal or state, anywhere in the U.S. that supports your claim. Or a single court case, for that matter.

      You can't. There is no such legal code. EULAs *do not* meet the minimal requirements placed by contract law *anywhere in the U.S.*. And there is no court case to refer to because no company has ever attempted to use it's EULA as a binding legal agreement. Why? Because considered legal agreement is that the entire idea behind the EULA would be struck down as invalid, making EULAs *everywhere* illegal.

      Hence the popularity of the certain legislation before congress attempting to grandfather EULAs as actual contracts. But as for now *A EULA is not an agreement, legal or otherwise, of any kind*.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    36. Re:Two Perspectives by maxpublic · · Score: 1

      That should be "considered legal opinion...."

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    37. Re:Two Perspectives by Anonymous Coward · · Score: 0

      The thing is, it can be very difficult to return opened software, even if you DON'T agree to the terms of the EULA. How do they know you didn't just copy the CD??

    38. Re:Two Perspectives by revoltingyouth · · Score: 1

      yeah youhave a good point, poeple do need to read the agreements, but at the same time microsoft really is evil for doing this.

    39. Re:Two Perspectives by gimpboy · · Score: 2

      you bring up a very good point and i dont have any problem with what you suggest. i was simply stating what i thought people were legally responsible for. if you disagree with the law then that's ok by me (i dont really agree completely either). there is a difference between disagreeing and simply ignoring that the law exsists.

      for example, i once spent over an hour trying to convience someone that downloading copyrighted material (mp3s) that you have no claim to (having never purchased the cd's) is illegal. he simply refused to admit that it was illegal.

      --
      -- john
  3. I can just see it now by yobbo · · Score: 2, Funny

    *Scanning software*
    Netscape.exe
    *1 Upgrade Found*
    Applying Opera 6.01.exe

    Okay, I can only wish :)

    1. Re:I can just see it now by eburns · · Score: 3, Funny

      Unfortunatly given Microsoft's past behavior the more likely scenerio is: *Scanning software* Opera 6.01.exe *1 Upgrade Found* Deleting Opera 6.01.exe Applying IE6.0.exe

  4. Message from Microsoft by Baalam · · Score: 1, Funny

    "All your computer belong to us"

    1. Re:Message from Microsoft by Anonymous Coward · · Score: 0
      Sorry, your grammar is incorrect.


      Anyone knows that the correct grammar is "All your computer are belong to us."

    2. Re:Message from Microsoft by Anonymous Coward · · Score: 0

      and how old is "that was so 19xx"?

    3. Re:Message from Microsoft by Matt-69 · · Score: 1

      that's "All your computers ARE belong to us"
      get it right! sheesh

  5. Maybe the users want it by shaunak · · Score: 4, Insightful

    "may provide upgrades or fixes to the Product that will be automatically downloaded to your Workstation Computer."

    If you would consider the average user for a moment. He does not give a damn about most issues you would start campaigns for. All she/he cares for is whether he can watch movies, listen to music and basically create word documents. So would he not like automatic fixes of bugs? From his point of view, it would be convenient.
    It's about time you took note of the average userbase Microsoft are aiming for with XP.

    --
    -Shaunak.
    1. Re:Maybe the users want it by egreB · · Score: 1

      You've got a point, but I think even the average user would like to have _some_ control of what's happening to its computer. Like a dialog that says "There is a new upgrade available for Windows XP. Do you want it downloaded and installed?" Lots of software (Winamp, for instance) has this feature. Even I get tired of checking for updates. I like it when programs to it themselves. But I do NOT approve that they install themselves without asking me!

    2. Re:Maybe the users want it by Discoflamingo13 · · Score: 5, Informative

      The problem isn't the "average user." The problem is the end-user who doesn't want software installed automatically, for stability/interoperability reasons. Our XP lab at school used to auto-update new patches and fixes, until most of the functionality for accessing the Linux/Solaris servers was completely shot, and several UI problems came up. Things that used to work (like the Zip drives) suddenly didn't. Just because Microsoft updated the software doesn't mean it got any better.

      The other big issue is the DRM software Microsoft, or its partners/subsidiaries, will install. Even with prompting, if you don't upgrade, then you have no access to a content provider's new media. All in all, this sounds like a giant headache for everyone that isn't Microsoft.

    3. Re:Maybe the users want it by sparkyz · · Score: 1

      I don't think any reasonable person would debate the utility of such a thing. Exactly what this means and how it accomplishes it are subjects for much debate (I would think at least a prompt of some kind is warranted); but that's not the issue being raised. The issue being raised is that, assuming the wording is accurately represented here (I have not seen, and never plan to see, the XP EULA), by accepting the agreement you agree that you must allow this behaviour in order to use the software.

      As to what the typical non-tech user wants, I won't pretend to know their minds enough to speak to that; but I would imagine that if they were properly apprised of the privacy issues such a service potentially creates, they would at least seek some specifics. And even if we assume good intent on the privacy front, the question begs to be asked: "When is a fix not a fix?" NT Service packs 1 through 4 come to mind.

      --
      Oops
    4. Re:Maybe the users want it by C_nemo · · Score: 1

      yes some users may want it, but to include this in the EULA. Didn't they have this thing going for users with windows update? click a icon and windows upgrades.

      This thing basicly says that if you want to use Microsoft products you've got to give them right to scan your hard drive, and giving microsoft losts of feedback on what's actually installed on that machine. I see this more as a atemp to controll piracy. if Microsft can view a list of installed software and check if you've paid for it. I think *A LOT* of people will have some, not so friendly, knocking on their door demandig pay for office etc ... and even XP.

      ...hell im glad i don't use winXP.

      nemo

    5. Re: Maybe the users want it by Black+Parrot · · Score: 4, Funny


      If the users want it, why is it in the EULA instead of the television commercials?

      --
      Sheesh, evil *and* a jerk. -- Jade
    6. Re: Maybe the users want it by Anonymous Coward · · Score: 0

      Silly, silly boy. Of course the commercials have it too; I've seen promotional material that mentioned Windows Update.

    7. Re:Maybe the users want it by mikethegeek · · Score: 4, Insightful

      " The other big issue is the DRM software Microsoft, or its partners/subsidiaries, will install. Even with prompting, if you don't upgrade, then you have no access to a content provider's new media. All in all, this sounds like a giant headache for everyone that isn't Microsoft."

      The only winning move is not to play. Media that requires or uses "DRM" should be vociferously boycotted and allowed to rot unsold on the shelves just like what was done to Divx.

      If DRM enabled media sells, we will be stcuk with it. The DMCA makes it easy for IP cartel jackboots to squash those who try to undo DRM, and the SSSCA will make it equally illegal to essentially make a system that give true "root" access to the system owner.

      --
      === The price of freedom is eternal vigilance
    8. Re:Maybe the users want it by Pendant · · Score: 1


      Just because Microsoft updated the software doesn't mean it got any better.

      To my mind this is the biggest part of the problem. Something changes, but the user has no idea why it changed. If something breaks as a result of the change, identifying the cause could become a nightmare.

      Yet again Microsoft stands to gain from the hordes of unpaid foot-soldiers (i.e. the friends & relatives of those who have computers but don't know how to drive them). Only this time perhaps M$ has gone too far, those in the trenches will be lost without word from High Command...

    9. Re:Maybe the users want it by ReTay · · Score: 1

      NT 4.0 SP6 Ring any bells for you?
      Now Microsoft wants to bypass even the software police? And be able to break the computers at work with non-compatable patches without my having any say about it? Not &$#$# likely...
      (Shakes his head) You know what folks I really could care less. Unless Microsoft does somthing very clever (I will believe it when I see it)
      I am just going to sniff how it is connecting to the Internet and firewall the hell out of it.
      If it uses port 80 or something then if I have to I will firewall ALL of Microsoft's IP's. I am not even going to try to explain this one to work.

    10. Re:Maybe the users want it by fr2ty · · Score: 1

      "The other big issue is the DRM software Microsoft, or its partners/subsidiaries, will install. Even with prompting, if you don't upgrade, then you have no access to a content provider's new media." Or to some old media, isn't it? Getting codecs for my 5year old files...

    11. Re:Maybe the users want it by Anonymous Coward · · Score: 0

      Divx failed in the marketplace, not in the political arena. I know there were hundreds of you on the net 'vociferously boycotting' Divx, but in the final analysis people didn't want to plug a phone jack into the disk player on top of the TV.

      But then, an attack dog like you knows that those cars going by woulda stopped if you hadn't chased them the hell down the street and prevented it.

    12. Re:Maybe the users want it by Anonymous Coward · · Score: 1, Insightful

      Then why not just present the user with the license agreement when the user opts to use the automatic upgrade feature? This seems much more reasonable than forcing the user to grant MS rights for a feature the user dosen't want or never intends to use.

    13. Re:Maybe the users want it by Anonymous Coward · · Score: 0

      "There is a new upgrade available for Windows XP. Do you want it downloaded and installed?"

      There is, in fact, just such a box. I'm not sure what everyone else is doing, but MY XP has never updated itself without permission. It's checked for updates, but hasn't installed them. That's an option, but the default is to notify first.

    14. Re:Maybe the users want it by BlackGriffen · · Score: 2, Insightful

      Read that again. "Automatically" is the problem. In order to do it right, it should automatically check (giving the user the option to shut down checking, of course), notify the user, and only upgrade if the user clicks on "Ok." Basically, I read this as M$ getting sick of users not getting the latest security patches (which they shouldn't have needed in the first place), so they want the option of forcing the user to upgrade. God I'm glad my computer is 100% MS free.

      BlackGriffen

    15. Re:Maybe the users want it by egreB · · Score: 1, Insightful

      If so, in my opinion, there is nothing to argue about. Sorry - my first post implied that Windows XP actually updated itself without asking. But if your statement is right (and I beleive it is), there is no problem! Hey, it's Microsofts software. It is actually a good feature. A lot of programs has such features, as noted. Good. I still won't use XP, but that's another issue.

      It seems like, maybe, as implied by many other posters, /.ers bash every Microsoft bug, even if it's a feature (-8 I'm in love with Linux, and use it almost exclusivly, as everybody else, but it had been great if people analyzed the problems with open source software instead of Microsofts all the time. That way, we could be even better!

    16. Re:Maybe the users want it by psyco484 · · Score: 0
      There is, in fact, just such a box. I'm not sure what everyone else is doing, but MY XP has never updated itself without permission

      Oh? How do you know?

    17. Re:Maybe the users want it by Anonymous Coward · · Score: 1, Interesting

      So I wonder, if you stick this thing behind a firewall and block all the Windows Update/spyware access -- are you breaking the EULA?

    18. Re:Maybe the users want it by nhavar · · Score: 2

      The options are:


      • Download the updates automatically and notify me when they are ready to be installed.
      • Notify me before downloading any updates and notify me again before installing them on my computer.
      • Turn off automatic updating. I want to update my computer manually.

      I think that the portion of the EULA being quoted is designed to cover possibly the first option and also possibly some of the web installers and activeX controls that get installed. Additionally it may help to cover the initial setup which can also automatically check for updates to the setup files themselves so that you have the most up to date setup package. I think people get confused with the phrase "automatically" because they assume that automatically means ZERO user intervention. It doesn't. Assume that I go to get a coke from the vending machine, is that an automatic or manual process? 1 step is manual, me putting money into the machine, the rest is automated and thus happens "automatically", meaning the machine does the rest of the work to actually dispense the purchased product. In XP's case it's automating what was a manual process and although there is some user intervention it is still for the most part considered an "automatic" process. This EULA allows for MS to cover their ass for when stupid people who can't RTFM or even take a simple tour decide that they "got screwed" and the only way to fix things is "format and startover". When some hotshot lawyer decides he can make some cash with a class action lawsuit for all those people who were unduely inconvenienced by Windows Update then MS can fall back on their EULA. Understand also that the EULA has not been proven legally binding in the past, I'm sure that the legallity of the EULA would be called into questioned and could be thrown out (and has been in the past). Primarily it's just an honor agreement so that when the lawyers come knocking the company can fend off all but the most serious people.

      --
      "Do not be swept up in the momentum of mediocrity." - anon
    19. Re:Maybe the users want it by Prune · · Score: 1

      You can turn off autoupdate, or make it ask for permission to get the update. Of course, it's on by default, but I don't see Microsoft being bold enough to make it impossible to turn off in future versions.

      --
      "Politicians and diapers must be changed often, and for the same reason."
    20. Re:Maybe the users want it by The+Cat · · Score: 1

      I'm sure the average userbase is going to be spending lots of extra money to make sure they have a copy of XP Professional.

      The excuse of "well, it's ok because average folks are stupid" is also wearing a little thin...

      ...even if average folks were stupid...

      ...which they aren't.

    21. Re:Maybe the users want it by Scoria · · Score: 1

      Windows Update, the feature that this article refers to, merely downloads the updates; it does not install them without the user's permission.

      --
      Do you like German cars?
    22. Re:Maybe the users want it by mystran · · Score: 1

      Well, the old saying goes along the lines: "If it ain't broken, don't fix it".

      --
      Software should be free as in speech, but if we also get some free beer, all the better.
    23. Re:Maybe the users want it by Incredible+Elmo · · Score: 1

      It may be that the average user would find it convenient. But it's not about that, it's about where MS is taking this. The ignorant users need to be protected as well.

    24. Re:Maybe the users want it by Anonymous Coward · · Score: 0

      The average userbase Micros~1 is aiming for is *everybody with a computer*, including Slashdot readers.

    25. Re:Maybe the users want it by Jens · · Score: 2
      This is somewhat like saying "Hey, I wanna be able to eat, drink and have fun, I need the money, and I don't care what those strange powder-filled small metal pellets I am manufacturing in the steel company are for. And anyway, we have much better parties, AND more women, as you and your alternative way of living have."

      Yes! I know many users are like that. I know many just don't care. For all I care they can rot in the same hell as MS will, if they had their own world to destroy.

      But it's our world, and just like frankly I don't give a damn about some weird insects in the rain forest, I realize that it (and them) are a vital resource for our future on this planet and so I advocate campaigns whose goal it is to do something.

      (Read 'Brave New World' if you can. I think it comes quite close to what companies like Microsoft dream of: Everybody is happy, because if someone complains, he is just pumped full of drugs and locked into a room until he behaves 'compliant' again.)

  6. This reminds me of an old Dilbert cartoon... by Xpilot · · Score: 3, Interesting

    ... where Dilbert installs some obnoxious program on his computer that scans his hard drive, steals his credit card number and automatically purchases software IT thinks HE needs. At that time, it was a joke. Now it's a chilling reality.

    --
    "Backups are for wimps. Real men upload their data to an FTP site and have everyone else mirror it." -- Linus Torvalds
    1. Re:This reminds me of an old Dilbert cartoon... by Anonymous Coward · · Score: 0

      If you've ever been in the corporate world... pack-smell specificially... You would know that Dilbert is NO JOKE... I'm not kidding...

    2. Re:This reminds me of an old Dilbert cartoon... by Anonymous Coward · · Score: 0

      The next step would be software that auto detects your over-the-limit credit card and then proceeds to select stuff it thinks you don't need and auction it off on ebay.

    3. Re:This reminds me of an old Dilbert cartoon... by Sarcasm_Orgasm · · Score: 0

      ..and and if they didn't sell: pay a guy to install webcams all over your house, design a website, register normalguynaked%.com, then charge 10/month for it credited directly to your card.

      haha ha ha ha ha!

      I think you're all a little dumber to have read to this point.

      --
      Special people have long socks, ride short buses, & invent witty sigs.
    4. Re:This reminds me of an old Dilbert cartoon... by Anonymous Coward · · Score: 0

      In Australia, at 18 cents a Megabyte to download, this would be a cybercrime. Bill Gates has complained to Aust. Goverment, as the existing download tax is an impediment disabling his lordships wishes. I'll call the police if XP steals bandwidth off me.

  7. At least with previous ones... by jpellino · · Score: 2

    You could refuse - ditto MaOS - if this is no longer the case, they could be on very shaky ground. You cannot be successful in the long run by simply writing agreements that obviate existing rights, such as privacy.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  8. I have one small phrase to retort this by Dragnet · · Score: 0

    Let us leave it at: usa_2600__x86.pro_no_activation.iso

    1. Re:I have one small phrase to retort this by Anonymous Coward · · Score: 0

      Are we supposed to care that you're a cheapass warez kiddie?

    2. Re:I have one small phrase to retort this by Dragnet · · Score: 0

      Am I supposed to care that you are an anonymous coward, and fear to reveal your name? How ironic that one who shrouds himself(herself) in anonymity makes these blatant remarks. I'm not a warez kiddie, I just don't pay for software ;). (LOL).

    3. Re:I have one small phrase to retort this by Anonymous Coward · · Score: 0

      'shrouds himself in anonymnity'??

      Hey Putz. Anybody can have a Slashdot ID in the 550K range, with no email address or website reference. You're as shrouded in anonymnity as any A.C. on this system.

    4. Re:I have one small phrase to retort this by Dragnet · · Score: 0

      I took the effort to sign myself up as a member of this community (something apparently beyond you); and if I don't wish to disclose my information to arrogant fools like yourself who surely are in the league of Shifman and DOSing children, then that should be my liberty. Thanks.

    5. Re:I have one small phrase to retort this by Anonymous Coward · · Score: 0

      Man, I've been checking out your replies ever since you dumped this same garbage on one of my threads. It's pretty apparent that your posts here in the annals of SlashDot show you have no redeeming value. All you do is complain about everybody else. It would be one thing if you complained about the post or the topic, but you just complain about the people in general. Somehow you miss getting -1's and just end up as 0, even though all your posts are either off-topic or deliberate flaimbait. Just letting you know that people are noticing...

    6. Re:I have one small phrase to retort this by Dragnet · · Score: 0

      I'm guessing the people who notice are small, sad little people who would love nothing more than to snoop through peoples posting history? I care very little for your arrogance and stupidity here. This is the forum for intelligent people, and you my friend; have fallen short of the crowd.
      My "flaimbait"(sic) posts? Please, this little tizzy would have never started if you hadn't incited it.

  9. Automatic Update by DiSKiLLeR · · Score: 1

    Umm... Wouldn't that be Windows Automatic Update?

    It automatically downloads XP patches, updates, critical updates and bug fixes, etc, etc...

    Did i mention the feature can be turned off? Whats the big deal then?

    D.

    --
    You can tell how powerful someone is by the magnitude of the crime they can commit and be able to get away with.
    1. Re:Automatic Update by Grax · · Score: 1

      The big deal is that since you agreed to the EULA they can turn it back on if they want to. Or they could make a version that can't be turned off.

      No one is complaining about the Automatic Update feature. That is a "good thing". The problem is an overreaching license that lets them stick code in there to monitor your computer usage and software installations. Whether or not they do it, they should not have that "legal right".

  10. Is is so drastic? by Glorat · · Score: 2, Interesting

    Is this such a bad thing? OK so you have to trust Microsoft here but how else can Windowsupdate work?

    Windowsupdate scans your computer for required updates and, depending on your settings, it downloads the appropriate updates and presents a notification on the taskbar that they need to be installed. One click and the updates are installed.

    In principle, this system works great for your average Joe User. Of course, for this system to be "allowed", you need to grant Windowsupdate control of your computer hence this section in the EULA.

    Now of course, this part of the EULA does open the possibility of Microsoft being malicious but I guess I would trust Microsoft just enough not to deliberately screw over all home consumers in this way

    1. Re:Is is so drastic? by wagadog · · Score: 1

      ...but how else can Windowsupdate work?

      ...says a person who's obviously never written software.

      Take a look at Cygwin's update --you go in when you want, and make the updates you *choose*. The diffs between the client state and update state are done on the client, so the client state never has to be communicated to the server. Furthermore, if you know you need an older or alternative version of something to keep running something else (very common when people are developing new code ) you can choose not to update that particular component.

      Very clever, eh? Kind of like being able to go into a grocer's and buy your vegetables fresh and by the pound so you can make your own interesting meals -- rather than having your cart auto-loaded with 10 tons of microso^h^hwaveable TV dinners, all of them exactly alike.

  11. *GASP!* by lyonsden · · Score: 1

    Are we really surprised? How could Microsoft do such a thing? After all the trust we have placed in them - I'm going to stop using their products now! Oh wait - I don't use them now anyway.

    1. Re:*GASP!* by Anonymous Coward · · Score: 0

      Oh, bad luck, old bean. I can spare you some shiny pennies for food, if you like. It must be *awful* not using proper software.

  12. Barstards by Anonymous Coward · · Score: 0

    now not only will we be fighting to keep hackers out of our windows OS, we have to fight to keep microsoft out as well.

  13. you can turn this off i think by irishmikev · · Score: 5, Informative

    Doesn't this just refer to the option to have XP auto-update your pc? You can turn that option off on the desktop if you don't want it, and the first time it runs it prompts you for what it's default behavior should be.

    1. Re:you can turn this off i think by Anonymous Coward · · Score: 0

      and then theres no tellin what it might do afterwards

    2. Re:you can turn this off i think by MoneyT · · Score: 1

      But consider the implications of this. Sure you can turn it off, but there's no guarentee that a) it stays off or b) MS can't go in anyways.

      >

      Note that nowhere in that text does it mention specificaly the Windows Auto update. It just say's Microsoft. To me, and I'm sure to the M$ legal team, that means all of Microsoft, not just their update feature.

      On top of that, this is automaticaly on, unlike other auto update features. For example, all of the programs that I've used with auto update feautres (WinAMP, ICQ(?), Aimster, Mac OS) all have a client based check, that is, the software on your computer does the check, not the software on the company's computer.

      AND

      All of them give me a choice as to whether or not I want these updates to be installed. (Hell the mac OS one doesn't do auto updates unless you turn it ON) I always have the option of declining the update. But according to this EULA, you have no choice, it will atomaticaly install any updates for you.

      --
      T Money
      World Domination with a plastic spoon since 1984
    3. Re:you can turn this off i think by Anonymous Coward · · Score: 0

      You can turn off the option download and/or automatically apply the updates, but the computer still contacts Microsoft several times a day. I disabled mine right off the bat, however I noticed last night that my firewall logs show repeated connections to the Microsoft update URL's.

  14. Hmmm by Xawen · · Score: 2, Interesting

    Seems to me that this only applies to the volume licenses. Any company large enough to require a volume license will almost certainly have some manner of firewall. If they have a hole large enough for MS to get in to do things like this, they have bigger problems than someone just scanning thier Windows versions.

    On the other hand, it does set a very bad legal precedent...

    1. Re:Hmmm by gutigre · · Score: 1

      Seems to me that this only applies to the volume licenses. Any company large enough to require a volume license will almost certainly have some manner of firewall. If they have a hole large enough for MS to get in to do things like this, they have bigger problems than someone just scanning thier Windows versions.

      But, because the license gives Microsoft the right to look at your computer, it is illegal to block whatever searches they choose to do.

    2. Re:Hmmm by sqlrob · · Score: 5, Insightful
      Any company large enough to require a volume license will almost certainly have some manner of firewall.

      Ever hear of port 80? Web services?

      MS doesn't need a big hole. SOAP would do fine.

    3. Re:Hmmm by Xawen · · Score: 1

      The changes make it legal for them to look at your computer, that does not constitue a right. I do, however, have the right to secure my system and my network as I see fit. What the new clause does is make it OK for MS to defeat my security to "check my Windows versions", it does not mean I have to leave it open to them.

    4. Re:Hmmm by Anonymous Coward · · Score: 0

      But, because the license gives Microsoft the right to look at your computer, it is illegal to block whatever searches they choose to do.

      I have a great deal on a bridge I'd like to sell you.

    5. Re:Hmmm by base3 · · Score: 1
      That would hold up in an actual case on a cold day in hell. It's a contract of adhesion with unconscionable provisions, both of which are enough to nullify it. Of course, MS isn't stupid enough to go beat on a company big enough to actually take it on in court; they'll just use this to intimidate individual users and small businesses into compliance.

      We need to go tell the world about this crap and what it means--Bill Gates is probably funding Hollings "campaign fund" to make XP with Digital Big Brother^H^H^H^H^H^H^H^H^H^H^H^H Rights Management the law of the land!

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    6. Re:Hmmm by Clubber+Lang · · Score: 1

      MS doesn't need a big hole. SOAP would do fine

      I hear that's how it works in prison...

      --
      Actuaries - making accountants look interesting since 1949
    7. Re:Hmmm by PaulBu · · Score: 1

      Remember, you have agreed that this "upgrade" can be initiated from within the firewall by your OS. How do you think the firewall software can distinguish between an actual USER who has to download the latest patch (or whatever these are called in WinWorld :) ) and an automated script which downloads that patch "on user's behalf"?

      What MS is saying that "since you bought our OS for your computer, we reserve the right for this OS software to pretend it is an actual user and download things....

      And no firewall can protect you in this situation, really....

    8. Re:Hmmm by Anonymous Coward · · Score: 0

      Ummm, yeah except the client makes the connect
      the fw says "state" and tracks the connection and
      unless you are using an authenticating trans proxy, nat and/or blocking 80/443 based specifically on data content(very expensive to monitor data streams
      even to pick up a few keywords),then everything is cool and frooty for M$ to install their gunk.
      No, if you have a M$ OS you have trojans built in
      just waiting for the first lapse in attention to undo your environment.

  15. What's the difference..... by mickwd · · Score: 5, Funny

    .....betweeen a Microsoft Product and a Virus/Trojan ?

    The EULA.

    1. Re:What's the difference..... by belroth · · Score: 1

      You have to pay to get infected by a MS product...

      --
      I hereby inform you that I have NOT been required to provide any decryption keys.
    2. Re:What's the difference..... by Black+Parrot · · Score: 5, Funny


      > .....betweeen a Microsoft Product and a Virus/Trojan ?

      Viruses usually work as intended.

      --
      Sheesh, evil *and* a jerk. -- Jade
    3. Re:What's the difference..... by Anonymous Coward · · Score: 0

      Viruses are more secure.

    4. Re:What's the difference..... by Anonymous Coward · · Score: 1, Funny

      Most linux geeks don't spend all day trying to replicate the success of viruses and trojans.

    5. Re:What's the difference..... by Tiado · · Score: 1
      .....betweeen a Microsoft Product and a Virus/Trojan ?
      The EULA.

      Also you don't have to pay for viruses, and viruses are usually more stable and less bloated.

      And not only do viruses not have anti-copy measures, the sole objective of a virus is to copy itself and spread.

    6. Re:What's the difference..... by EonBlue · · Score: 1

      trojans say theyll work over 99% of the time on the box, and trojans see a LOT more UPTIME

    7. Re:What's the difference..... by geggibus · · Score: 1

      Really? ;)

      /K

    8. Re:What's the difference..... by roie_m · · Score: 1
      .....betweeen a Microsoft Product and a Virus/Trojan ?


      Viruses reduce productivity, consume system resources and annoy the users of a computer system.
      So far, it seems that Windows is a virus.
      However, viruses work as expected, are well-coded and documented and have 99% uptime.

      Conclusion: Windows is not a virus. Windows is a bug.

    9. Re:What's the difference..... by Anonymous Coward · · Score: 0

      And take less code to do it.

    10. Re:What's the difference..... by MoneyT · · Score: 1

      Viruses are clean efficient code, that get's the job done in a timely and resource efficient manner. Most are well documented and all are supported by their authors.

      Oh and none of them can claim a 95% market share like windows can

      --
      T Money
      World Domination with a plastic spoon since 1984
    11. Re:What's the difference..... by os2fan · · Score: 2
      Viruses and trojans work as uintended, generally.

      Microsoft products generally do not work as intended.

      Case in point:

      Write a script for a interpreted language (eg perl, rexx), and then try to pass parameters to it (eg REXX MYCALC 3+3). The thing works, and displays the result, which you can just see as the window closes. This is documented in Technet for Winnt 3.1, it is still there in NT4, 2K, and presumably, XP.

      --
      OS/2 - because choice is a terrible thing to waste.
    12. Re:What's the difference..... by Anonymous Coward · · Score: 0

      Actually, that's not true... Do you realise how many of those virus reports say "attempts to format the hard drive, but fails due to a bug"?

      Sorry to burst your bash.

    13. Re:What's the difference..... by Anonymous Coward · · Score: 0
      Boy:Whats that man doing with that chicken mommy and what is he screaming?

      Mommy:That man is fucking a chicken and I can't quite here what he is saying.

      (Boy and Mommy move closer)

      Man fucking chicken:OS/2 is the bestest, OS/2 rules, come to OS/2, OS/2 will make you warm and happy

      trolling for jesus

    14. Re:What's the difference..... by Anonymous Coward · · Score: 0

      The Trojan is called the "GPL" :)

    15. Re:What's the difference..... by Bastian · · Score: 2

      Viruses usually work as intended.

      Given the price of Microsoft tech support, I'm inclined to think that the sad truth is that Microsoft products really do work as intended.

  16. This is in the PRO version... by jpellino · · Score: 3, Offtopic

    They're aiming for PROs, eh? Should be a lttile more enlightended than your base XP user, right? Unless of course "Pro" doesn't refer to IT or TECH pro features - but instead is a label designed to entice users to spend extra bucks for the "Pro" version...

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
    1. Re:This is in the PRO version... by shaunak · · Score: 1

      "Unless of course "Pro" doesn't refer to IT or TECH pro features - but instead is a label designed to entice users to spend extra bucks for the "Pro" version... "

      Bingo (I think) ...

      --
      -Shaunak.
    2. Re:This is in the PRO version... by Anonymous Coward · · Score: 1, Informative

      Don't be silly. "Pro", as in "professional" means a professional business user, as opposed to a home user. If Microsoft produce a version of anything aimed at IT users, they tend to call it "Developer" or something like that.

    3. Re:This is in the PRO version... by Anonymous Coward · · Score: 0

      "Pro", as in "professional" means a professional business user, as opposed to a home user.

      You mean a user who has no more experience than a "home user" and happens to run a business.

    4. Re:This is in the PRO version... by thing12 · · Score: 2

      The major difference between Home and Pro is that Pro can join domains. It's that simple. They wanted to differentiate the product for use in businesses (hence PROfessional).

    5. Re:This is in the PRO version... by Anonymous Coward · · Score: 0

      No, silly, I mean a user who uses the software *professionally*. Professional software users are real power users; far better than developers.

    6. Re:This is in the PRO version... by tburkhol · · Score: 2, Insightful
      They're aiming for PROs, eh? Should be a lttile more enlightended than your base XP user, right?

      Every time a new worm exploits some vulnerability in an MS product, we see (right here on /.) calls for competence in MSCEs. At least if the OS magically patches itself, there would be fewer boxes vulnerable to known holes.

    7. Re:This is in the PRO version... by Anonymous Coward · · Score: 0

      As in their OS needs to integrate with a corporate LAN rather than a little home LAN.

    8. Re:This is in the PRO version... by Anonymous Coward · · Score: 0
      you're a fucking idiot.

    9. Re:This is in the PRO version... by Tony-A · · Score: 2

      Business, right. You have to pay to get screwed.

    10. Re:This is in the PRO version... by Anonymous Coward · · Score: 0

      PRO=Perenially Ripped Orifices?

      Please excuse all spelling errors, as Mr. ChipClip is busy spunking himself and I can't seem to get spell check to work without Mr. ChipClip.

    11. Re:This is in the PRO version... by Anonymous Coward · · Score: 0

      "At least if the OS magically patches itself..."

      Or, "at least if the OS didn't bend over and spread it's cheeks every other day..."

      At least MS said it's going to spend a month working on bugs...

  17. Re:Pretty reasonable by seinman · · Score: 1

    You're damn right. This is Microsoft's software, not yours. If you don't like it, then don't install it. If you do like it, then go right ahead. Either way, Microsoft has the right to do what they want with software they create and own. Personally, I hate the idea, and that's why i'm sticking with 98SE.

    This is Microsoft we're talking about, learn to deal with a little abuse if you're gonna use their software.

  18. Once again, Slashdotters want to have it both ways by mblase · · Score: 4, Insightful

    We've been complaining on this site for months, if not years, about Microsoft's security. They have a bug? We want a patch right away. We complain about downloading patches? Microsoft makes the system able to download and install them itself. All the user has to do is set up auto-install of new updates.

    But that's not good enough, because too many users/sysadmins are too stupid to turn this on or check it regularly. So we complain that Microsoft isn't doing enough -- that they need to make the OS download security upgrades automatically, whether or not the stupid user asks for it or not. This, we argued, is the only way Microsoft can stay ahead of security holes and make sure we take them up on the patches.

    So Microsoft does this. But because doing so requires the user to agree to let Microsoft access and update their system, they have to add it to the EULA.

    And then Slashdot complains that MS is taking too much control.

    The mind boggles.

  19. Software auto-update is common by Merry_B.Buck · · Score: 2

    Google's Toolbar does the same thing, according to their official-until-we-change-it legalese:
    "Periodically, the Google Toolbar contacts our servers to see if you are running the most current version. If necessary, we will automatically provide you with the latest update to the Google Toolbar."

    1. Re:Software auto-update is common by NumberSyx · · Score: 5, Interesting

      Google's Toolbar does the same thing, according to their official-until-we-change-it legalese

      The difference is Google only checks for a single piece of information on a single piece of software and my system does not depend on this software to run. I have never had a Google Toolbar update screw up my entire system or even introduce another bug or open security holes. Google also has a pretty good privacy policy for which it has an excellent track record for following. In short, Google has earned my trust, Microsoft has proven time and time again they can not be trusted and it will take more than setting aside 28 days out of the last 20 years to fix problems to restore that trust.

      --

      "Our products just aren't engineered for security,"
      -Brian Valentine,VP in charge of MS Windows Development

    2. Re:Software auto-update is common by Anonymous Coward · · Score: 0

      > Google's Toolbar does the same thing, according to their official-until-we-change-it legalese [google.com]:
      "Periodically, the Google Toolbar contacts our servers to see if you are running the most current version. If necessary, we will automatically provide you with the latest update to the Google Toolbar."

      When Google becomes a convicted monopolist with a history of abusing consumers, then your statement has meaning in this discussion. Not until then.

    3. Re:Software auto-update is common by mystran · · Score: 1

      Another BIG difference is that you can use Google without the toolbar. I never knew there was one, until I saw installed on somebodys browser at work last summer.

      --
      Software should be free as in speech, but if we also get some free beer, all the better.
  20. Wow by Anonymous Coward · · Score: 0

    *Windows scans hard disk*
    Internet Explorer 6.0 detected
    Upgrading to IE 6.1.

    Wow, Microsoft is violating my privacy!!! How dare Microsoft do something useful!!!

    1. Re:Wow by hatmouse · · Score: 1

      Usefull for who? At my company an up-date like that would render about 20,000 laptops useless over night. As was posted before, any up-dates have to be scrutinized before installation so that they play well with customized software.

  21. So... by trifster · · Score: 1

    ...and we are supposed to be suprised by this? What's the chances this be held up in court. Im not a contract law scholar but I do recall that there needs to be a full knowledge of the terms of a contract. Forceing users to agree to terms of an agreement to run software, some forced to be used as part of the Windows empire, is tantamount to extortion.

    This might be MS's answer to security, update the broken software w/o our knowledge and no one will know how poor they are with security.

    EULA for this post:
    I reserve the right to automatically update this post to with new words and punctuation marks w/o you express knowledge. Then when you comment on my errors and ommisions i can fix it so i seem intelligent.

  22. XP antispy Program by linzeal · · Score: 5, Informative
    This program controls how your computer "interacts" with M$. Damn fine german engineering

    From the website
    "XP-AntiSpy is a little utility that let's you disable some built-in update and authetication 'features' in WindowsXP. For example, there's a service running in the background wich is called 'Automatic Updates'. I don't know what this service transfers from my machine to other machines on the internet, especially the MS ones. So I play it safe and disable such functions. If you like, you can even disable these function manually, by going through the System and checking or unchecking some checkboxes. This will take you approximately half an hour."

    1. Re:XP antispy Program by jerw134 · · Score: 1, Troll

      Yeah, I guess it would take a half hour to click the radio button that says "Disable all automatic updates" the first time you run XP. Even if you enable it, disabling it is easy since it tells you about how you can disable it every time it pops up with an update. I can't believe the lengths people will go to in order to put down Microsoft. IMHO, Windows XP is the best operating system ever released by Microsoft. If you don't like it, then don't use it.

    2. Re:XP antispy Program by linzeal · · Score: 1

      This program also allows you to uninstall windows messenger, disable automatic IE updates, and the like. IF you actually downloaded the program and looked through the 20 or so odd ways in which your computer can "jibber jabber" with good old M$ you'd be surprized, I was.

    3. Re:XP antispy Program by Anonymous Coward · · Score: 1, Funny

      Yeah, and if you don't love the big oil companies, then don't buy gasoline. And if you disagree with the RIAA, then quit listening to music. If you dislike the Food and Drug Adminstration, forgo all medications and foods. That'll learn 'em.

    4. Re:XP antispy Program by Reziac · · Score: 2

      If the site's wonky overload of javascript is giving your browser fits, try this direct link to download the utility:

      http://www.xp-antispy.de/XPAntiSpy3-English.zip

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    5. Re:XP antispy Program by Anonymous Coward · · Score: 0

      Yeah, and if you don't love the big oil companies, then don't buy gasoline. And if you disagree with the RIAA, then quit listening to music. If you dislike the Food and Drug Adminstration, forgo all medications and foods. That'll learn 'em.

      Maybe Communism would be better for you.

    6. Re:XP antispy Program by Anonymous Coward · · Score: 0

      Communism (practical definition): Monopoly of the state.

      Microsoft (legal definition): Just plain monopoly.

      And the difference is, exactly, what??

    7. Re:XP antispy Program by Eric+E.+Coe · · Score: 1

      At least 2 of those three items are very bad examples of "free markets": RIAA an industry cartel set up to restrain trade and free expression (based on a legal loophole coming out of our f**k-ed up IP laws), and the FDA is a government gatekeeper organization that restrains the free development and trade of foods/drugs.

      --
      An esoteric scratched itch:
      Homeworld Map Maker Tool
    8. Re:XP antispy Program by Anonymous Coward · · Score: 0

      "Free markets"? Microsoft was determined to be a monopoly in the highest courts of the land, so the market it participates in is not a free market either.

      Big oil arguably constitutes an oligopoly (i.e. an effective monopoly), so that market is arguably not a free market either.

      NONE OF THEM ARE FREE MARKETS! -(clue stick)

      So what is your point?

    9. Re:XP antispy Program by Anonymous Coward · · Score: 0
      Moderation Totals: Troll=1, Insightful=1, Informative=2, Underrated=1, Total=5.

      Troll???? This is an awesome program I hope this comment makes it into metamoderation.

    10. Re:XP antispy Program by Anonymous Coward · · Score: 0

      NONE OF THEM ARE FREE MARKETS! -(clue stick)

      that was his point...

  23. Nothing more than Windows Update by jerw134 · · Score: 2, Redundant

    This is nothing more than the automatic Windows Update feature which IS NOT EVEN ON BY DEFAULT!!! It specifically asks you whether or not you want to enable the feature, and explains exactly what it is used for. This is nothing new. Just the typical "IT'S MICROSOFT SO IT MUST BE EVIL" attitude of /.

    1. Re:Nothing more than Windows Update by iceT · · Score: 3, Informative

      OK. YOU need to re-read that sentence from the EULA... Windows update is an ACTIVE process. You have to enable it. You have to run the update. You have to select/agree the downloads.

      This little 'phrase' is saying that they reserve the right to make those decisions FOR YOU.

      And THAT is a bad idea, if for no reason other than their track record of patch management and hidden 'features' in their patches.

      --
      -- You can't idiot-proof anything, because they're always coming out with better idiots.
    2. Re:Nothing more than Windows Update by Anonymous Coward · · Score: 0

      It's really quite simple why this is such an issue.

      You see, right now, the software is set up as being geared towards an opt-in model. The license, however, doesn't really ever clarify this point. Suppose that a future update that you install (or allow Windows Update to install) patches everything up such that the update features are always enabled, regardless of the settings. You have no legal recourse due to the phrasing in the EULA.

      Now, I'm not saying that MS would ever do this. After all, doing this would be damned stupid. MS may be a lot of things but they're not damned stupid.

      But it does make one wonder why they would *bother* to have such a clause in the first place...

    3. Re:Nothing more than Windows Update by Anonymous Coward · · Score: 0

      how are they going to do it for your. you have the machine in your house with the autoupdate control panel on your desktop with the button or whatever that turns it on or off. once you turn autoupdate on, your agreeing to the eula says its ok for ms to use it to update your computer automatically. my read of the eula doesn't imply that ms can enable the autoupdate if you shut it off. are you suggesting otherwise?

    4. Re:Nothing more than Windows Update by unclefucknut · · Score: 1
      How is that bad? Who's gonna fix your broken Windows but Microsoft? The source isn't open, so in this case you have to trust Microsoft to do it for you. If you don't trust them, then don't buy Windows (i.e. agree to their EULA). If you bought Windows, this is a pretty damn slick way to fix the machine, just as slick as apt-get, red carpet, /usr/ports or whatever.

      RedHat has shipped bugs before, how come you're not stabbing them for their "Red Carpet" (or whatever they call it).

    5. Re:Nothing more than Windows Update by Anonymous Coward · · Score: 0

      Uh huh. Mind giving some hard documented examples of those hidden "features," or should I just call you a liar now and get it over with?

    6. Re:Nothing more than Windows Update by praedor · · Score: 2

      Get it through your skull. This is MAINLY about M$ spying on you and the software you use. It is about labeling you a pirate who is guilty until proven innocent. They are NOT just nicely checking your system out to see what needs updates, they are spying on you to make sure you are absolutely obeying their bullcrap license terms.


      If I buy software I OWN it, I did NOT buy a license, no matter what they say, I bought SOFTWARE that I can do with as I please...it's frickin' MINE.

      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
    7. Re:Nothing more than Windows Update by unclefucknut · · Score: 1
      If I buy software I OWN it, I did NOT buy a license, no matter what they say, I bought SOFTWARE that I can do with as I please...it's frickin' MINE.

      Not if you buy Microsoft software you don't. That's the point. You only buy a license to use it under their terms. What you say is irrelevant, you agreed to the EULA when you bought and installed the product. If you wan't to own the product, then don't buy Microsoft software.

      And as for spying.. Are you out of your mind? Sure they could do that, but they could not use it in a court. Spying, or tapping, may ONLY be performed if a court order has been issued. Microsoft would get in serious trouble, probably more serious than this monopoly thing. Remember when Intel tried to push CPU identification numbers?

      The gain of something is always measured against the risks and effort. In this case the risk is far too high as well as the effort.

      I'm not pro-Microsoft, but sometimes these conspiracy theories are pretty lame. Perhaps you should think before you start shouting about things you KNOW NOTHING about?

    8. Re:Nothing more than Windows Update by praedor · · Score: 2

      Ah, but that is what M$ thinks and I flat-out deny. I do not buy a license or simply a right to use software, I buy software. That means it is mine to do with as I please. I can put its CD in the microwave if I want and watch it spark when I turn it on, I can give it to my Da, I can sell it to my friend, and I can install it on multiple machines. M$ may not agree or like it but tough doo-doo. I own it.

      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
    9. Re:Nothing more than Windows Update by Sycraft-fu · · Score: 3, Interesting

      Perhaps you might try using XP and seeing how it works, then you'd better understand. Normally, to update XP you have to go and click on Windows update, search for updates, download them, etc just like past versions of Windows. However it offers you the OPTION (it askes during setup and can be changed later) fi you'd like it to grab and install updates automatically. If you answer yes, it will update itself for you, and then just let you know.

      The phrase in the EULA is a CYA measure on their part. They don't want someone enabling this, and then trying to sue them for it. However, I repeat, this is voluntary. You can leave it in the classic mode where you must instantiate an update.

    10. Re:Nothing more than Windows Update by Osty · · Score: 1

      I do not buy a license or simply a right to use software, I buy software.

      Ah, but that is what you think, and the commercial software industry flat-out denies.


      That means it is mine to do with as I please. I can put its CD in the microwave if I want and watch it spark when I turn it on,

      Right. Because you own the media all those bits came on. You do not own those bits.


      I can give it to my Da, I can sell it to my friend,

      Right, assuming either the license you bought allows you to install the software in multiple places, or you uninstall the software on your system before you transfer ownership. Otherwise, no.


      and I can install it on multiple machines.

      No, you can't. Or, I should say, you can't unless the license gives you explicit rights to do so (say, the GPL for example). You can make a copy of a music CD to play in multiple places (home, car, office) because you are physically incapable of listening to that CD in multiple places at one time. Software is different. There are plenty of ways for you to use software in multiple places at any given point in time, so more restrictions are necessary. You can back up that installation CD. You have that right. But you can't go installing it at work, on your laptop, and at home, because you did not pay for three licenses.


      M$ may not agree or like it but tough doo-doo. I own it.

      Once again, no you don't. You own a license to use it. Even Open Source software and Free Software still deal with licenses (GPL == General Public LICENSE), the only difference is that those licenses give you explicit rights to install in multiple places, change the source code, pass the disk around to all your friends, etc. But you still don't own anything more than the CD those bits were on (and if you don't have a CD, you don't even own that; though I guess you would own the hard drive the tarball is on). This will continue to be the case until RMS gets his communistic fantasy world, where programmers never get paid, yet somehow amazingly never go hungry, even though they give away the fruits of their labor for free, letting them be "owned" by the hairy, unwashed masses. Luckily for every software professional out there, RMS's ideals are unworkable and impossible, so we won't ever get to that point.

    11. Re:Nothing more than Windows Update by bnenning · · Score: 2
      I do not buy a license or simply a right to use software, I buy software.


      Exactly. We need to focus on this point, rather than debating about which terms in a EULA are reasonable or not. EULAs are not contracts. In any context other than software they would be laughed out of court (and have been, in the case of books). When software that I own puts up a dialog box with pages of legal drivel, and I click a button that says "I Agree", that is of no significance whatsoever, since I can lie to my software if I want to.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    12. Re:Nothing more than Windows Update by praedor · · Score: 2

      Say whatever you want. It is of no interest to me in the slightest what Gates and Co think or want. I do what I want with MY software and I DO install it on any or all machines I own. Of course, I wouldn't pollute one of my pristine machines with any M$ OS, though I have used the OSes now and again to play certain games - yet I do this without ANY money going to Gates (what does THAT mean?!) EVER. I install whatever on any and all machines I own. They and the software on them are MINE to do with as I see fit. It doesn't matter what M$ or anyone else thinks or likes or wants. That is the way it be.

      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
    13. Re:Nothing more than Windows Update by unclefucknut · · Score: 1
      If you deny it, then you are violating the license, and thus Microsoft can demand you to pay the license fee. If you don't you may end up paying a fine for "software theft".

      I am not arguing what you believe is right. I agree with you that one should be able to buy the software and not a license to use it. I'd pay more for the software than the license. What I'm arguing is that you are not free to do this by law.

      But you don't have to obey to these bloody licenses, there are much more software out there, that is not licensed this way. Anything licensed under BSD or GPL is a good start. Both allow you to do what you want with the software as long as you don't distribute it. The GPL denies certain things when distributing it (like NOT making the source freely available). BSD had an advertisment clause, but it is gone now, meaning you can do whatever you want with it. If this is the freedom you want, then go ahead and use this software instead.

      For what its worth, you could print out the BSD kernel code, roll it and smoke it. No one is going to fine you for that! (unless you put something in the roll.. ;)

    14. Re:Nothing more than Windows Update by unclefucknut · · Score: 1
      Now you are being silly.

      Microsoft put down a lot of money into their products. If they want money for it, and you want to use it, then pay up or shut up. If you don't pay for it, you cannot complain the slightest about their license.

      You are however free not to choose Microsoft products. Then you certainly won't pay a dime to Gates. You're more likely to take away some profit from him.

    15. Re:Nothing more than Windows Update by bnenning · · Score: 2
      Even Open Source software and Free Software still deal with licenses


      Unlike EULAs, the GPL does not pretend that you must accept its terms in order to simply use the software, because you don't have to. The GPL only comes into play when you redistribute the software. Under standard copyright law you can't do that at all; the GPL grants you the right to do this provided you fulfill certain conditions.


      This will continue to be the case until RMS gets his communistic fantasy world, where programmers never get paid


      False dilemna. "All software must be free" and "Anything put into a EULA constitutes a valid contract" are not the only alternatives. Standard copyright law is entirely adequate to protect the rights of software publishers.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    16. Re:Nothing more than Windows Update by Osty · · Score: 1

      You come off sounding like a 4 year old who's too young to understand why Johnny's toy isn't your toy. You go ahead and keep doing as you're doing. One of these days, you will get caught (pirates always do. sometimes it takes longer than others, but in the end you will be busted). I hope you enjoy your fines and/or prison time. Because your argument of "I bought the CD, I now own the software," or "I hate Microsoft. They're the devil. That's why I stole their software," is not going to hold up in court at all.

    17. Re:Nothing more than Windows Update by Osty · · Score: 1

      Unlike EULAs, the GPL does not pretend that you must accept its terms in order to simply use the software, because you don't have to. The GPL only comes into play when you redistribute the software. Under standard copyright law you can't do that at all; the GPL grants you the right to do this provided you fulfill certain conditions.

      Right and wrong. If you don't accept the terms of the GPL, chances are you shouldn't be using GPLed software. The thing is, if a EULA for a proprietary piece of software limits you from distributing the software, or making changes to it, or running multiple copies, you're likely going to accept the EULA up to the point when you want to do one of those things. Now, if we were dealing with a GPL app, and you suddenly decided you wanted to modify it, distribute your version, and not release source, you'd raise hell. But if we were dealing with a proprietary app, and you decide you want to run it on your notebook, home machine, and work machine, most slashdotters wouldn't care. They're the same thing -- you're breaking the license.


      False dilemna. "All software must be free" and "Anything put into a EULA constitutes a valid contract" are not the only alternatives. Standard copyright law is entirely adequate to protect the rights of software publishers.

      I wasn't intentionally setting up those two choices as the only alternatives. EULAs do not have a good history of legal precedent, and I understand that they're generally fairly weak. I realize that, in theory, copyright law should be "good enough" to protect the ownership rights of software. My point was that until RMS gets his Candy Land dream, end users will never "own" the software they run (even with GPLed software, they do not and will not own the software itself, just the redistributable bits on a CD or in a tarball).

    18. Re:Nothing more than Windows Update by bnenning · · Score: 2
      Now, if we were dealing with a GPL app, and you suddenly decided you wanted to modify it, distribute your version, and not release source, you'd raise hell. But if we were dealing with a proprietary app, and you decide you want to run it on your notebook, home machine, and work machine, most slashdotters wouldn't care. They're the same thing -- you're breaking the license.


      In the GPL scenario, you are redistributing the software, which would normally be forbidden by copyright law. Your only defense to copyright infringement is the GPL, which you can't claim if you don't accept it. With proprietary software, you can perform actions which do not violate copyright law (modification, reverse engineering, resale), which are only (allegedly) forbidden by the EULA. The GPL and other open source licenses only give you additional rights, EULAs only remove your existing rights.


      My point was that until RMS gets his Candy Land dream, end users will never "own" the software they run


      Agreed, but that's the case with all intellectual property. When I buy a book, I don't own the actual words, but I can do whatever I want with it as long as I don't violate copyright law. Long ago, publishers tried to impose EULA-like conditions on book sales, and they were laughed out of court.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    19. Re:Nothing more than Windows Update by Anonymous Coward · · Score: 0
      This is nothing more than the automatic Windows Update feature which IS NOT EVEN ON BY DEFAULT!!!
      Auto-update may not be on by default, but the "Remote Administration" option in XP is certainly on by default. They can get into your system remotely, even without you knowing about it, and yes, even through your tightly configured firewall.
    20. Re:Nothing more than Windows Update by Anonymous Coward · · Score: 0

      this is more than that this gives microsoft the right to access your computer. Windows update allows YOU to access microsofts servers for patches and what not. This agreement allows microsoft to have access to your computer if you deny them access they have every fucking right to your goddamned soul.

      a bit exagerated but in laymans terms windows update is not what this is about. Its about microsoft having access to your machine whenever by whatever means necessary. They can legally obtain any information with this. say they found out that two machines at your house are running with the same cd key. Microsoft can take your sorry ass to court and the evidence is all legal cause all they gotta say is that they were doing a routine update and they flaged the fact that they updated two machines running the same cd-key. Now of course the judge may have his head in the right place and say mr. microsoft you are trying to fuck the little guy blah blah blah i dont know where im going with this ....

    21. Re:Nothing more than Windows Update by DavidTC · · Score: 1
      Sorry, you're just 100% wrong. There are many kind of software that you own, GPL software is one of them. You own what is legally refered to as 'a copy of the copyrighted work'. Yes, you own that copy, just like you own a copy of a book or a copy of of a movie. You need no license to use it, and in fact you don't need a license to use any software you've, anymore then you need a license to read a book.

      EULA attempt to rewrite the rules after purchase, but as all they do is take away rights, and as it's usually impossible to undo the sale at that point, sp even if you agree to them they may not even apply, contracts have to provide something to both parties, hence the 'for one dollar' that shows up in one-sided contracts all the time. MS's EULA gives you nothing you didn't have before, so the legality is dubious at best. If you break the license, they can't really do anything to you, as they didn't give you anything to begin with, they don't have any damages from you breaking the license.

      Not to mention nowhere was it mentioned at time of purchase that you were buying a 'license', and they sell software to minors all the time, who cannot enter into contracts. The pretense that there is a 'contract' between you and the software manufactor is just that, a pretense. To agree to a contract, you have to actually agree when money changes hands, you can't 'purchase' something, take it home, and find that it wasn't a purchase, and, even worse, you can't get your money back. There's actually very good grounds for fraud there.

      Or there would be if EULA's has a chance in hell of standing up in court, which they don't.

      And you don't have to agree to any 'license' to use GPL software. You can just use it.

      Now, you can't legally copy any software you don't hold the copyright on, without some special license, just like you can't legally copy a book with a license. But that's copyright law, and has nothing to do with agreeing or disagreeing with a license.

      The GPL grants certain kinds of copying, that's it. You don't have to agree to it to use it.

      (As a side note, I'm sorry, but anyone who's just this misinformed has taken no time to actually look up the facts, and has decided to blindly swallow anything the media tells them. You really need to read a little about copyright and contract law.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    22. Re:Nothing more than Windows Update by screwtheNSA · · Score: 0

      Hmmmm, I saw a box labeled Turbo Pascal, it solely referred to the contents inside as software, it did have a price affixed to the outside of said box. And the price was $39.88(1984 dolarettes that is). I saw NO mention of ANY license, not on the box panels or back. There was an "agreement" INSIDE the box, but that was found AFTER I PAID FOR IT! My money PAID for the SOFTWARE, not a license, no matter what "they" tell you. I did not pay for a license to use my car, house or Piper Cherokee, why would I pay for a license to use some cheap software? When a price is affixed to ANY product, and you spend your money on that product, you OWN what you paid for in its entirety! Too bad the data is "captured" ona plastic disk; that's NOT my concern. If "they" SELL software, they SELL the DATA that is also on that disk, as well as ALL documentation that is packaged with that disk or disks. Since the data IS part and parcel, a part of the disk, then, that also BECOMES property of yours since you paid for it. Okay, if this license is simply for "use", then I want the software company to BUY BACK the software I paid for when I am finished using their "license". I might lease a car, but if I don't go over my "allotment" of miles, and return the car in the same condition I got it, I get money back, why can't I get money back after my "lease" for said software is over? If I can ONLY maintain physical control of software, but never own it, why am I "responsible" to the developer for its "safety"? There was never any contract signed, and I never agreed to become a "caretaker" for the developer, so how did my purchase(I did type PURCHASE) become a lease of sorts now?

      One-sided "licensing" is NOT a legal nor binding contract by law, no matter WHAT some EULA states!
      M$ does NOT have the authority to make laws! No matter what developer states in any EULA, it is not a legally binding contract/agreement. If ANY software is SOLD for a PRICE, then when it IS sold, it is SOLD in its entirety, and there can be NO license affixed to YOUR property that you legally paid for. Prove I do not "own" my copy of Turbo Pascal. The sales receipt is still taped to the box, and that in itself indicates OWNERSHIP, not a license. I can also sue for THEFT if MY copy of Turbo Pascal is stolen from my home, and since I can SUE for damages and criminal "intent", I can also assert OWNERSHIP of that which was taken from my property, including MY copy of Turbo Pascal!

      So, you see, software really IS the physical property of those who paid for it, and not a licensed object of nondescript "value" or garbage strewn about the roadside. If it can be sold for a price and it is purchased for that price, then it becomes the property of the purchaser, and no other can assert ownership of that property, INCLUDING the developer of that software.

      To SELL one's property to another, you LOSE control AND ownership of that property is full, and forever. You can not retain control after you set a price and DISPOSE of the property to another. The machine I am typing this on has both Linux and Windoze loaded, it came PREPAID with Windoze, so I OWN the copy that was installed when I PAID for it, it's now MINE and MINE alone!

      Try taking it from my home and you can be thrown in jail for THEFT, so it MUST be MY property if it is a CRIME to take my copy of Windoze from me!

      If you think my assertions are foolish rantings, PLEASE, by all means, attempt to breakl into my house and take my copies of software...I'd LOVE to see ANYBODY try it!

      Oh wait, stealing is illegal, or is it now? I forget all too easily on this one for some reason!

      --
      206.39.38.2, DDN-BLK-36, DOD NET INFO CENTER. 800.365.3642 206.36.0.0-206.39.255.255 NET RANGE.
    23. Re:Nothing more than Windows Update by maxpublic · · Score: 1

      What you don't seem to get is that there's a far cry between what the license claims and what the reality of the situation is. I have a Win98 CD; I'll install it on as many goddamn machines as I like. Who's going to stop me? You? Get real.

      I *do* own it. Possession is what counts here. You can scream to the high heavens and I'll just blow you off and continue on my merry way.

      Really, what *are* you going to do about it? Complain here on Slashdot? Threaten me with the MS police? Don't be ridiculous. The reality of the situation is mine to control, not yours.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    24. Re:Nothing more than Windows Update by maxpublic · · Score: 1

      Oh, don't be such a stupid prick. Now you sound like a whining 4-year-old, threatening someone with the imminent arrival of the jackboots. Grow up.

      "Pirates always (get caught)". Christ. And while you're growing up, try living in the real world for a change.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    25. Re:Nothing more than Windows Update by ZedNaught · · Score: 1
      I was working on a recently purchased refurbished Optiplex which came with pre-installed Win2k-Pro. I intended to maintain it as a dual boot Linux/MS and was using the Microsoft Update web page to bring the Win2k up to speed on Sevice Packs and security patches.
      Five hours and countless reboots later, I get down to the device driver part of the MS Update page. I update the onboard sound with no problem. Final patch is for the Intel HD controller. MS has detected that my controller driver needs an update. I install the MS patch and reboot.

      As I'm sure you can guess, the result is --- BSOD: Cannot communicate with boot device.
      Fdisk to the rescue - so much for dual boot, I'll devote those 40 gigs to Linux : )

      What would the average user do if MS had automatically installed that patch and left the computer unbootable???

    26. Re:Nothing more than Windows Update by praedor · · Score: 2

      Yes, and JUST like cars...I buy a car from chevy and it is MINE. Chevrolet doesn't get to restrict my use of MY car. They sold it to me and now it is ALL mine to do ANYTHING I want to with it. Same with M$ software (or anyone else's). If I buy it, it is MINE to do with as I see fit. I don't give a f*ck what they THINK people should do with it.


      If I buy a painting (art), I can do whatever the hell I want with it. Copy it, give it away, etc. M$ and Gates don't get to redetermine what ownership/buying/selling means just because Gates can't handle not having control. PROVE you own YOUR software. I hope to HELL you kept every receipt or obtained receipts from those who gave it to you as gift. If you cannot absolutely PROVE beyond any doubt that you actually paid for your "license" (bullshit) then you are a pirate (by the way, that is the M$ position you so love and respect).

      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
  24. And...... by lkaos · · Score: 1

    Who cares what's in an MS EULA.

    I do not need to have reiterated the reasons why I _don't_ use MS products every two seconds on /.

    Yes. MS is bad. We've all figured that out. If the battle is going to be fought though, make it a battle fought on the grounds of content and stability, don't just complain about a EULA.

    No one has a right to complain about what MS puts in their EULA because if you don't like it, don't agree to it!

    --
    int func(int a);
    func((b += 3, b));
    1. Re:And...... by Brian+Knotts · · Score: 1
      Yes. MS is bad. We've all figured that out.

      Apparently, "we" haven't, since most Slashdot readers are running Windows.

    2. Re:And...... by Anonymous Coward · · Score: 0

      > No one has a right to complain about what MS puts in their EULA because if you don't like it, don't agree to it!

      And you've been keeping careful track of all those various EULAs, because they can be changed after the fact.

      NOW what? Care to be the one filing the lawsuit about how you didn't agree to the changed EULA (but MS says you did, so...)?

    3. Re:And...... by Tony-A · · Score: 2

      And where else would we get timely and useful info on the latest Microsoft wormage?

    4. Re:And...... by lkaos · · Score: 2

      I keep track of all the EULAs I've agreed to. Fortunately, none of them have been provided by MS. That is why I do not run Windows, I do not agree with MS's licensing terms.

      --
      int func(int a);
      func((b += 3, b));
  25. OH MY GOD! by sjwt · · Score: 0

    hmm seems to me,
    IIRC,
    that this kind of evil MS thingy was
    was what was sugested after all those
    worm attacks on sytemes that hadnt
    insttled 3 month+ old pathes..

    --
    You have 5 Moderator Points!
    Which Helpless Linux zealot/MS basher do you want to mod down today?
  26. Lack Of Knowledge The Key by Self+Bias+Resistor · · Score: 3, Insightful

    Possibly, but I think you're missing the point here. Read this post to see what I mean. The point is that the average user doesn't know and/or care about these things. As long as he/she can play music, games, get his/her spam from Hotmail ;-) and write Word documents he/she couldn't care less because either they don't understand how this would work or consider it important. Hence, if your audience is ignorant of these things, you can get away with a hell of a lot under the impression that "it's for your convenience/benefit" because most people don't have the time or knowledge to question these actions. We (the technically literate) need to educate the rest of the community ourselves and not leave it up to Microsoft to utilise user ignorance to get away with such things.

    --

    ----------
    When the pin is pulled, Mr. Grenade is no longer our friend.

  27. Re:Pretty reasonable by egreB · · Score: 3, Insightful

    You're damn right. This is Microsoft's software, not yours.
    Agreed. Whatever they do or do not do to (wow) there software is their buisness.
    If you don't like it, then don't install it.
    *duut!* Not agreed. How many computers do you see in sales WITHOUT Windows? How many users would know what an OS is? Are the users given a choice? Nope - they have to stick with Windows. That's what's bothering me. And it all ends up in MS' marketing strategy - "if you sell ALL of your computers with Windows, we'll give you a BIG rebate!" Not many computer-sales-companies says no to that.

    We have of course our beloved Macintosh, but that's a different story..

  28. Red Hat's up2date by Anonymous Coward · · Score: 0

    How does this differ from red hat's up2date, which has a red hat network daemon running in the back ground and automatically checks for updates every 120 minutes. Give microsoft a break already, xp is a decent product.

    1. Re:Red Hat's up2date by gimpboy · · Score: 4, Informative
      up2date and windows update

      1-> i connect to a server and get a list of stuff thats updated. then my computer makes a decision.
      the eula above

      2-> their server can connect to mine and poke around at will.

      up2date is a choice and not required by the installation. you must register your computer to use up2date. up2date is not something you explicitly agree to when you install the operating system.

      to me there is a big difference.

      --
      -- john
    2. Re:Red Hat's up2date by Anonymous Coward · · Score: 0

      if you dont want ms "poking around" (cause im sure they have nothing better to do then see what is running in gimpboys computer) then disable the feature. it's not that hard to figure out. it's the little pirates out there that are scared cause they have something to hide.

    3. Re:Red Hat's up2date by VoiceOfRaisin · · Score: 1

      windows update is also a choice, it does NOT run by itself unless you select it to.

      im pretty sure you can set up up2date to do automatic updates as well cant you? im pretty sure ive seen that.

    4. Re:Red Hat's up2date by DavidTC · · Score: 1
      As you haven't been paying attention, the point isn't the software, the point is they have the legal right to have a backdoor somewhere that does the same thing, or claims to do the same thing. Or an innocent looking update for your sound driver could remove the checkbox, etc.

      People know you can uncheck the box, but you can't uncheck the EULA. Even if you uncheck the box, MS has a legal right to poke around in your system to check for 'updates'.

      If the EULA said 'At the user's request, blah blah blah', no one would have a problem. If fact, they wouldn't even need that in the EULA, it's legal for them to poke around in your system at your request. The EULA gives them the right to do it even if you explictedly tell them not to.

      In the present, yes, it appears they're only looking around at your request. That doesn't change the terms of the EULA.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  29. Correction by Knunov · · Score: 1, Offtopic

    Actually, the quote is, "The right to swing your arms freely stops at the end of my nose."

    It is a teaching from Hindu philosophy.

    Knunov

    --
    Why do users with IDs under 100,000 or over 700,000 usually have the most worthwhile comments?
    1. Re:Correction by October_30th · · Score: 0
      he realized that all religions are essentially the same, and not worth fighting over. Too bad the Muslims don't seem to get it.

      Christians don't seem to get it either. Do Northern Ireland and the Balkans ring a bell?

      --
      The owls are not what they seem
    2. Re:Correction by Anonymous Coward · · Score: 1, Insightful

      Enough with the blanket statements. Just because Christians are fighting in N. Ireland, doesn't mean that's what Christianity is about.

    3. Re:Correction by Anonymous Coward · · Score: 0

      You apparently just made an agreement that they have the right to move into your personal nose space.

      Might not hold up in an assault case though.

    4. Re:Correction by Nasheer · · Score: 1

      No religion at all is about fights. But all religions at all are about theirselves. All of then are selfish. That creates fight.

      Christianity is one of the worst, because it is probably the most spreaded religion in the world.

      I say so because I was christian once.

      Now I belong to the most peace-devoted religion: none.

      --
      - Please, ignore everything written above.
    5. Re:Correction by basket_case · · Score: 1

      Religion itself is bad... if we take an exerpt from the bible, we can see this plainly:

      In Matthew 7:6-8, Jesus re-iterates a prophecy by Isiah (this re-iteration is also to be seen in Matthew)

      "These people honor me with their lips,
      but their hearts are far from me.
      They worship me in vain;
      their teachings are but rules taught by men"

      This is religion... Jesus did not call us to this, but a personal relationship with Him and the Father above. If you have chosen to cut yourslef off from God, so be it. Remember though, that God has not cut you off, neither does he condone people fighting over rules that they have made up and expound in His name. In fact, the people that cause others to stumble in this manner will be judged the harshest... (Malachi 2:8-9)

      --

      you are what you feel
      and what you are is beautiful
    6. Re:Correction by SealBeater · · Score: 2

      "These people honor me with their lips,
      but their hearts are far from me.
      They worship me in vain;
      their teachings are but rules taught by men"

      That's the best. Thanks, I have commited that to memory. I know a few born again Christains that I am just waiting to try me to use that one on.

      SealBeater

      --
      -- Its survival of the fittest...and we got the fucking guns!!!
    7. Re:Correction by Jahf · · Score: 1

      You're the one who doesn't get it.

      1) -All- religions have fanatics that put their parent group in a bad light.

      2) Muslims who truly pay attention to the teachings of the Koran are one of the most constructive groups on the planet.

      3) Who's side is "our side"? You make a really long reach if you think that everyone on Slashdot falls into a Christian wing.

      Bin Laden is Muslim ... sure ... yet he doesn't practice Muslim law. Hitler was a Christian who practiced pagan rights. Do you really think -either- religion would recognize them as being true followers of those paths?

      Just go back and read up on how Saladin treated his prisoners compared to Richard during the Crusades ... if you want to look at it even from a historical perspective, the Muslims have a much more generous track record than the Christians.

      I'll conceed that the Hindu group seems to be one of the most enlightened. The rest of your comment was total juvenile trash.

      --
      It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
    8. Re:Re:Correction by Joseppi+Blauinski · · Score: 0

      IMNSHO, those that do not practice any religion/pagan rites/etcetera seem to be the most enlightened.

  30. Well, Does 'Random Joe' *like* his auto-update? by reality-bytes · · Score: 1, Flamebait

    Take Random Joe, he is sitting infront of his new Windows XP machine.
    He is watching a streaming movie (which incidentally he had to jockey a server for 30mins to connect to) when all of a sudden the quality begins to deteriorate and the stream stops. What could have gone wrong?? - Has the streaming server crashed?? Was the movie file defective??

    Nope, as it turns out, Windows XP decided that it wanted to update itself for the 5th time today and ate poor old Joe's bandwith for breakfast.

    Roll on something intelligent like HAL 9000!
    "I'm sorry Dave, but I'm afraid I can't do that..."
    DOH!

    --
    Ripping an new rectum in the fabric of spacetime.
    1. Re:Well, Does 'Random Joe' *like* his auto-update? by Anonymous Coward · · Score: 0

      Your ignorance scares me.

      Windows XP has a service that downloads its updates only when there is available bandwidth, it's called the intelligent background transfer service and it's quite well documented on msdn and in Windows help.

      Maybe you should have *some* clue about what you're talking about before you post to public forums? Nah

    2. Re:Well, Does 'Random Joe' *like* his auto-update? by reality-bytes · · Score: 3, Interesting

      Microsoft isn't exactly gonna state that XP uses a 'Consistency' protocol (why is it called that) in their help pages. It ensures that if Microsoft want to force an update down your throat they can take 100% of your bandwidth away from you at the drop of a hat.

      Don't always believe what you read......

      And next time you would like to call me ignorant - try doing some research outside Microsoft's information circles.

      --
      Ripping an new rectum in the fabric of spacetime.
    3. Re:Well, Does 'Random Joe' *like* his auto-update? by Tony-A · · Score: 2

      Now, do you always trust Microsoft?

  31. strawman by coltrane99 · · Score: 4, Insightful

    (1) I have not seen any credible posts demanding that auto-download and install of patches be on by default on Windows systems. There have been buggy patches before for Windows, could be again.
    (2) Slashdot isn't a unitary entity. If you make the mistake of expecting every J. Random Poster's comment taken together to represent a coherent position on anything, you will be disappointed.

    1. Re:strawman by tshak · · Score: 2, Interesting

      (2) Slashdot isn't a unitary entity.

      But the vast majority is. Just see my journal of a little experiment I did not too long ago.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    2. Re:strawman by edika · · Score: 1

      Don't you spellcheck your posts??? This must resd (1) .... will be again

    3. Re:strawman by scrytch · · Score: 2

      > Slashdot isn't a unitary entity

      Slashdot's editorial position tends to be. To the point of producing snide commentary in the body of the articles submitted by someone else. Minor version of software for Linux get announced with great fanfare, but nary a peep whenever there's a new development in the Windows development world, because after all, "real geeks don't do windows".

      Thankfully the backlash of respondents against the knee-jerk bill-bashing is getting stronger...

      --
      I've finally had it: until slashdot gets article moderation, I am not coming back.
    4. Re:strawman by dvdeug · · Score: 2

      Slashdot's editorial position tends to be. To the point of producing snide commentary in the body of the articles submitted by someone else. Minor version of software for Linux get announced with great fanfare, but nary a peep whenever there's a new development in the Windows development world, because after all, "real geeks don't do windows".

      There's a quote a radio station I used to listen to used: "You get what you pay for. And you're listening to us . . . for free." Slashdot is a pro-Linux site. I don't go on MSNBC and bitch about it not covering Debian's new release - why do you come here and bitch about Slashdot not covering new developments in the Windows world? It's not Slashdot's job - if you want that, go elsewhere.

    5. Re:strawman by theancient2 · · Score: 1

      Re: point 1.

      Actually, by default, it does notify you. I'm using the Professional version (academic discount actually makes the Pro version cheaper than the home version, go figure), and it pops up a box every time it wants to install something. Read the EULA quote again. It says nothing about automatic installation.

      Also, since we can assume that the majority of updates will not cause problems, it is probably better to install them instead of leaving the system open to vulnerability. If the patch causes a problem, they can issue another update to undo the first one, or the user can manually uninstall the patch using a variety of methods. (Add/Remove, driver rollback, etc.)

      In my experience, it takes a little while before a patch is released through automatic update anyway -- perhaps they are waiting for the more experienced users to download it directly, so they can test it on real-world computers before sending it out to everyone else. (Or maybe it's just because they don't roll it out to everyone at once -- either way, they have a chance to recall the patch before it gets too far.)

    6. Re:strawman by scrytch · · Score: 2

      There's a quote a radio station I used to listen to used: "You get what you pay for. And you're listening to us . . . for free."

      I don't pay, so slashdot is free to be worthless? As for your radio analogy, turn the dial sometime, and except for some hold-out college stations, you get crap, crap, crap, endless regurgitation of audio pablum, More Of The Same everywhere you go. Is that all you expect of slashdot?

      I post because I actually give a damn about this this so-called community, I identify with it despite all the crap. Perhaps I should simply vote with my feet and find a more reasonable atmosphere, but I prefer a bustling community to an empty one. It just saddens me to see that the focus of discussion is getting hijacked by the articles themselves, away from meaningful news and toward hot-button flamebait.

      Where is the moderation for articles? How about cumulative votes for "objective" vs "opinionated" or "accurate" vs "inaccurate"? How about some reputation points for submitters and editors along these lines?

      Slashdot is a pro-Linux site.

      No, it seems more to be an anti-MS site. Perhaps I wouldn't mind so much if it focused on actual news instead of continually grinding its editorial axe. Removing the snide commentary from the article bodies and moving it to the posts to stand and be moderated along with the rest of us plebians would be a great start.

      --
      I've finally had it: until slashdot gets article moderation, I am not coming back.
    7. Re:strawman by Anonymous Coward · · Score: 0

      Be careful what you ask for. There is nothing more snide and arrogant than believing in something. You seem to want a world where everything is true.

    8. Re:strawman by Anonymous Coward · · Score: 0

      Bill Gates is a mammoth turd on the dinner plate that is computing.

  32. Wait a second by cluge · · Score: 1, Flamebait

    Didn't we already give MS this right when we D/L and install IE? How many times to I have to agree to the non-privacy of my computer!!

    --
    "Science is about ego as much as it is about discovery and truth " - I said it, so sue me.
  33. It Makes Me Angry by Alien54 · · Score: 2, Funny
    It is this sort of this that angers me. It angers me deeply and profoundly.

    This Type of survics should always be an opt-in.

    Most US law is on the basis of the ordinary citizen is automaticly opted-out of things unless they opt in. People do not have to opt out of buglary, rape, robbery, murder, slavery, etc.

    Businesses now assume that you should be automatically want what they offer, and that we should automatically agree to any condition they impose. Microsoft is one of the largest sinners in this regard.

    May Bill Gates be tortured by the demons of all worlds religions in the after life. May he be forced to suckle from the 16 poisoned leathern teats of Gophahmet, Whore of Betrayal, until he bursts from an unwholesome engorgement of curdled bile. And may many other such joys await him as well.

    Don't mind me. I'm pissed, it's early, and I haven't had my coffee yet.

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:It Makes Me Angry by SuiteSisterMary · · Score: 1

      "Oh my GOD! NIMDA! CODE RED! Oh, if only there was a way to automatically upgrade all these computers with the security fixes." "There's a way to automatically upgrade all these computers with security fixes." "OH MY GOD! INVASION OF PRIVACY! RAPE! BURGLARY!"

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    2. Re:It Makes Me Angry by Anonymous Coward · · Score: 0

      It IS opt-in! You (the user) can turn auto-update on and off. If it's off, then that part of the EULA is pretty much moot (until you turn it back on again).

    3. Re:It Makes Me Angry by Sarcazmo · · Score: 1

      If it's off, then that part of the EULA is pretty much moot (until you turn it back on again).

      Or until THEY turn it back on. The EULA said you authorized them to auto-update your computer after all.

    4. Re:It Makes Me Angry by Anonymous Coward · · Score: 0

      how are they going to autoupdate it if you turned off that functionality. Are you saying that they can turn it back on remotely? Has someone demonstrated taht microsoft has this capability?

    5. Re:It Makes Me Angry by smcv · · Score: 1

      Nobody's said that, but that's not the point. Suppose you bought a central heating system from MicroPlumbing which came with a warranty/maintenance agreement, and before they'd install it, you had to sign a contract which included "you hereby grant permission for a MicroPlumbing plumber to enter your house at any time and install new pipes". Would you be happy with saying "no, they can't do that anyway, I always lock my front door and none of my windows open"?

    6. Re:It Makes Me Angry by Anonymous Coward · · Score: 0

      I don't understand how the concept of a warranty would have any relevance in a discussion about Microsux.

    7. Re:It Makes Me Angry by Tony-A · · Score: 2

      Under whose control?
      I do not run unknown binaries and resent anything that attempts to run them for me without my consent or knowledge.

    8. Re:It Makes Me Angry by Tony-A · · Score: 2

      How? A little extra attached to the next solitaire game. Many ways.
      Fear Uncertainty Doubt
      What will Microsoft do to your computer today?

    9. Re:It Makes Me Angry by SuiteSisterMary · · Score: 2
      I do not run unknown binaries and resent anything that attempts to run them for me without my consent or knowledge.
      So you don't use apt-get, BSD ports, Ximian Red Carpet or Red Hat Network, and only install RPMs, Solaris PKGs, and other things that have been digitally signed by somebody that you trust, and who's signature you've personally verified against said signature? Oh, and when you download something from source, you painstakingly go through it, line by line, looking for maliciousness? No? Then you're running unkwown binaries, and there may be attempts for things to run without your consent and knowledge. Or are you saying you delegate your trust? BSD ports, for example, is probably a fairly safe place to get things from. Fine. So what you're saying, instead, is that you only run binaries from sources that you choose to trust. Great. Go nuts.
      --
      Vintage computer games and RPG books available. Email me if you're interested.
    10. Re:It Makes Me Angry by Tony-A · · Score: 2

      Nope. Far too lazy to take that much effort.
      Download RPMs from random mirrors. Might check dates or file sizes or that duplicates are really duplicates. Investigate if I spot something that looks fishy.
      Much safer. Much less effort. (I'm not the only one doing a bit of looking)

  34. So? by SuiteSisterMary · · Score: 1

    Oh, big fricking whoop. There is a HUGE difference between 'automatic downloading' and 'automatic downloading and execution.'

    --
    Vintage computer games and RPG books available. Email me if you're interested.
    1. Re:So? by RichMan · · Score: 1

      In most cases this is the automatic downloading of operating system patches and patches to core Microsoft applications. The operating systems patches will be run at the next reboot if not sooner. The application patches will be run the next time you run the application.
      No opt-outs. It is very similar to automatic download and execution. The execution trigger is then dependent on user behaviour, the equivalent of walking around a mine field.

    2. Re:So? by SuiteSisterMary · · Score: 2

      My understanding is that it acts the way it's always acted; you can tell it not to check, to check, then prompt you for download, or check, download, then prompt you for application.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    3. Re:So? by DavidTC · · Score: 1
      *sigh*

      Sometimes I want to beat michael over the head.

      Here's the real point: MS doesn't ahve to listen to what you say. The EULA says they can go into your computer. It doesn't say 'unless you say we can't'. MS legally doesn't have to pay any attention to that checkbox.

      That's the point. MS appears to have it where you can opt-out now, but a) they might be lying, or b) they might change it in the future with no warning and no legal recourse.

      When you add that to the fact that they don't give any assurance of fitness of the software, it is legal for them to break into your computer and 'update' it to a non-functioning state, and you have no recourse, and cannot stop them except with firewalls.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    4. Re:So? by SuiteSisterMary · · Score: 2

      Except for the fact that EULAs are not contracts.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  35. Re:Once again, Slashdotters want to have it both w by belroth · · Score: 2, Insightful

    And what about the patches that cause bigger problems than they fix? I don't download most new patches immediately (unless it's a major bugfix), I wait until the dust settles.
    MS have been known to release service packs that do just this.

    --
    I hereby inform you that I have NOT been required to provide any decryption keys.
  36. Resistance if futile by soybean · · Score: 1

    Wow, this really gives that bill gates borg icon a new significance.

    1. Re:Resistance if futile by Anonymous Coward · · Score: 0

      Yes, previously it was puerile. Nowadays, it's both puerile and dated.

  37. Re:MY EULA to MS by Anonymous Coward · · Score: 0, Offtopic

    WTF? You guys are retards. So what if Windows can check if running the latest version of the software? Windows Update has been doing this too. Oh no, what's Microsoft going to do? Put a virus into your computer? Get a life.

  38. Same legal team by cluge · · Score: 3, Insightful

    Straight from the article : MS says "...is not intended to force upgrades on customers."

    This is the same team that told the DOJ that MS isn't a monopoly and if they were they wouldn't do anythign illegal. Yeah I believe them, don't you?

    --
    "Science is about ego as much as it is about discovery and truth " - I said it, so sue me.
  39. Re:Once again, Slashdotters want to have it both w by Thomas+Marsh · · Score: 5, Interesting
    Microsoft makes the system able to download and install them itself. All the user has to do is set up auto-install of new updates.

    But that's not good enough, because too many users/sysadmins are too stupid to turn this on or check it regularly.


    On the contrary, sysadmins are advising that users disable automatic updates on XP because the tendency of the auto update facility to replace, for example, working drivers with faulty ones, as well as not providing information on which packages are being downloaded. (Read that in an article somewhere. Never used auto update myself.)

    I do see this as a privacy concern, because it is only with XP that windows update does not say "this is done without sending any information to microsoft." All other versions of windows use the anonymous facility, so they already have a working production update system which they've replaced with this more invasive version. -Coinciding with the EULA changes.

    Whether it is an intentional attack on privacy/piracy or simply that MS decided the old mechanism wasn't efficient enough over a slow connection (or some other technical reason) is speculation.
  40. Re:Once again, Slashdotters want to have it both w by crawling_chaos · · Score: 2
    And who says that this will be used only (or even primarily)for security upgrades? It would be just as easy to introduce subtle file incompatibilities in Word or major differences in the .NET environment to screw potential competitors. How long before an automatic download kills MP3 playback and suggests conversion to Media Player?

    A lot of us lost all trust in Microsoft a long time ago. Once lost, trust is a very difficult thing to regain.

    --
    You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
    -- Colonel Adolphus Busch
  41. Hacked DNS fun by DrSkwid · · Score: 1

    edit

    /system32/driveres/etc/hosts

    or /etc/hosts file on your LAN's DNS server

    mirror windows.update or connexion.com or wherever the packages come from

    sit back and have endless fun

    okay okay so all auto update systems probably suffer from this vulnerability not just MS systems but at least you don't have to go to the trouble of finding out where the victim get's their updates from. Ubiquity & market penetration are the mischief's friend

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  42. Re:Once again, Slashdotters want to have it both w by hangdog · · Score: 1

    "...that they need to make the OS download security upgrades automatically..."

    What exactly included in Windows XP? IE? Media Player? MS Money? MS Office? Outlook? (has anybody checked the EULA on their other software to see if this new provision has been included in them?).

    Give MS total control? Sounds like a great plan. That way they have ultimate responsibility and can probably be taken to court to pay for any damages done because of exploits....Of course this is already covered in the EULA also....

  43. Re:Once again, Slashdotters want to have it both w by TheRowk · · Score: 1

    It's not M$ updating my computer with security /bug patches that's the problem here, it's M$ apparently having the right to determine what I have on my computer, steal that information about my software and privacy without me even knowing it.

    I don't but what if I had a pirated copy of a M$ product, or better yet a pirated copy of a Adobe product and M$ is scanning my harddrive for illegal software to sell the information to Adobe so they know they I have their copy of their software and could try to sue me? Where's my legal protection there?

    What's to say they couldn't do something else with this statement that's beyond my imagination at the moment? Anyone remember the clause in the Frontpage agreement that stated you were not allowed to make negative comments towards M$ using Frontpage?

    This especially bothers me because I just installed XP pro 2 days ago. :( I read through the license agreement and don't remember seeing this however I didn't read it that closely either.

    Where's my copy of RH...?

    -TheRowk

    --
    You can change without improving, but you can't improve without changing. -Quote stolen from I don't remember who
  44. Why do companies tolerate this? by Phil+Wherry · · Score: 5, Interesting
    [IANAL, so consider these comments accordingly]

    I'm really quite surprised that there hasn't been a big backlash from the legal departments of corporate customers over the text in the license agreements from software makers like Microsoft.

    Most of the large organizations that I've worked with have relatively paranoid legal departments. The average person cannot, for example, sign a non-disclosure agreement, vendor contract, or do anything else that binds the company without having the document scrutinized in excruciating detail by the company's legal department. And, as anyone who's ever been through this process knows, excruciating is the correct word for this situation.

    Yet people install software all the time that binds the company to ridiculously one-sided terms: This software is ours, not yours. Unless it breaks: then it's yours, not ours--and we're obligated to do everything up to and including nothing to help you.

    It seems to me like two possible explanations exist--neither of them pleasant:
    • Legal departments aren't challenging shrink-wrap licenses because they feel they're not really enforceable contracts. This seems to fly in the face of things like UCITA, though, which allow the software vendor to say "W3 0wn j00" in their license agreements with the force of law to back them up.

    • Legal departments aren't challenging shrink-wrap licenses because they realize that most of the time they're dealing with a powerful monopoly--and that the choice is to accept unconscionable terms or simply be unable to perform essential functions. Most legal departments don't understand open-source software, and I think Microsoft's done a good enough job with its fearmongering campaign about the GPL that there will be a lot of hesitation even if the light bulb ever does come on.
    There's also the issue of who's allowed to "sign" these things. In most corporate-user situations, the user doing the software installation (and therefore "agreeing" to the click-wrap terms) isn't a corporate officer or someone who's been delegated the authority to bind the company to a set of terms--no matter how reasonable. This seems to me to be pretty dangerous. In the case of a dispute with the vendor, it could potentially put the user at personal risk for representing they had the authority to bind the company when, in fact, they did not. While the economics of pursuing an individual over a company's breach of the license "agreement" probably don't make sense, this remains at least a theoretical risk.
    1. Re:Why do companies tolerate this? by Anonymous Coward · · Score: 0, Interesting

      I'm really quite surprised that there hasn't been a big backlash from the legal departments of corporate customers over the text in the license agreements from software makers like Microsoft.
      -------------

      You obviously haven't been paying attention to the big fuss that has been going over the Volume Licensing when they altered the Select/Enterprise agreements then, there have been some rather ugly fights over this issue.

      -------------
      There's also the issue of who's allowed to "sign" these things. In most corporate-user situations, the user doing the software installation (and therefore "agreeing" to the click-wrap terms) isn't a corporate officer or someone who's been delegated the authority to bind the company to a set of terms--no matter how reasonable. This seems to me to be pretty dangerous. In the case of a dispute with the vendor, it could potentially put the user at personal risk for representing they had the authority to bind the company when, in fact, they did not. While the economics of pursuing an individual over a company's breach of the license "agreement" probably don't make sense, this remains at least a theoretical risk.
      ---------------

      Your thinking here is technically incorrent, When you work for a company and install software onto the desktop, (company owned machine) you act as an agent of the company, nothing more in relation to the software veondor of rwhat you just installed. you are only personally liable to the company you work for, for breaking Software agreement that usually exist in the Employee Handbooks.

      When the Audit or License police show up, they never care who really installed anyhting, just whos machine it is on (the companies).

      The issue of who is allowed to sign needs to be taken by any company through different routes. Typically, via the HR agreement, and employee diciplinary actions, as well as locked down desktops and so forth. Make it a non-issue by that route.

    2. Re:Why do companies tolerate this? by Anonymous Coward · · Score: 0

      Keep the FUD coming. Your conspiracy BS is very entertaining. Of course, you didn't bother to use that creativity to consider the fact that corporate versions for Pro have a completely different EULA (not to mention there is NO product activation).

    3. Re:Why do companies tolerate this? by praedor · · Score: 3, Funny

      Minors cannot legally sign a contract. I say, to avoid ALL claims by M$ or anyone else that you are bound by a bullshit EULA, have an underage child handle all the initial parts of your software installs. YOU never saw, nor clicked on any "I Agree" button and the child is not legally bound by such.



      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
    4. Re:Why do companies tolerate this? by JordanH · · Score: 1
      • Minors cannot legally sign a contract. I say, to avoid ALL claims by M$ or anyone else that you are bound by a bullshit EULA, have an underage child handle all the initial parts of your software installs. YOU never saw, nor clicked on any "I Agree" button and the child is not legally bound by such.

      IANAL, but I believe that this strategy would have you loading up unlicensed software on your machines. This could lead you into other legal difficulties.

    5. Re:Why do companies tolerate this? by linzeal · · Score: 1

      The golden child of every company the boss's nephew will be making more than I will then.

    6. Re:Why do companies tolerate this? by Darth_Burrito · · Score: 1

      Legal departments aren't challenging shrink-wrap licenses...
      ... because they feel they're not really enforceable contracts.
      ... because they realize that most of the time they're dealing with a powerful monopoly.


      Call me cynical, but I think the reasons are deeper than this. Most individuals I know would scream bloody murder when shown the EULA and all its implications. However corporate entities are more interested in securing control over their own products. This is especially true in content/service/software oriented companies. If they go into a huge legal battle against MS over EULA agreements, this means they can not issue similar agreements of their own. Not only that, it sets a precident for consumer rights over corporate rights. Not to mention that it will hurt their relations with MS, a company on which much of their business may rely. So while every individual in the IT Dept may be screaming bloody murder, where is the incentive for a corporate entity to take MS to court?

      What we need is a completely unrelated company like Dole or Florida Orange to challenge the agreement. But they probably don't care so much and would expect a more natural MS Enemy (AOL) to shoulder the burden of a lawsuit. Companies like AOL, would have no interest in challenging corporate rights until they directly infringe against their business plans.

    7. Re:Why do companies tolerate this? by Anonymous Coward · · Score: 0

      Most major corperations DO NOT have the same EULA as you see in a box.

      The enitre microsoft enterprise product line is available to the corperation with unlimited install's and with a very different EULA. the clause where Microsoft can change the EULA at any time without notice is missing, as are the many many other binding BS items. Granted we get this by being the largest company in our field, and telling microsoft that "we will not give you this $100,000,000.00 order because our lawyers refuse to agree to your EULA" get's a new, less asenine eula, in place quite quickly.

      The side effect is that we are stuck with everything that microsoft has (although pockets of us Admins are fighting back, refusing XP completely and happily installing open-office and ther open/free apps for the users) but we also get a BSA "go to hell" letter. one piece of paper covers every computer that ever set foot inside our offices anywhere in the world.

      But then handing the devil your corperate soul on a platter might be a bad idea.

    8. Re:Why do companies tolerate this? by Anonymous Coward · · Score: 0

      Have you actually looked at EULA for the corporate version of Windows XP. I have. While you're right that it requires no activation, the license verbiage that started this whole thread is word-for-word identical.

    9. Re:Why do companies tolerate this? by DavidTC · · Score: 1
      Nothing illegal about having unlicensed software on a machine. It's right there in copyright law, you have the right to copy software to the extent needed to use it, onto a hard drive and into memory, and even can make one backup of the original media.

      In other words, if I write a program, compile the EXE, and hand you the disk, you have the right to copy that disk once for yourself, copy the exe onto one computer's hard drive, and copy it into memory/swap whenever you run it. No license needed, and in fact that's pretty much proven by GPL'd software, which needs no license to run.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    10. Re:Why do companies tolerate this? by Anonymous Coward · · Score: 0

      Er. Large corporations, ones large enough to fight Microsoft and win over some esoteric wording of the canned EULA, always negotiate their own license. This can even include installing on more workstations than they have purchased licenses.

    11. Re:Why do companies tolerate this? by jsse · · Score: 2

      Seriously I've been thinking of this to evade legal trap by hiring a group of teenages to install software. However, my company lawyers told me it might not work as we hire them for intended purpose thus we are still binded by the contract. Oh great.

    12. Re:Why do companies tolerate this? by hyphz · · Score: 1

      No, I just don't think there's any legal basis for a challenge. There's no law saying software has to be guaranteed, and even if there was, you would waive all rights to its protection by signing the license agreement. There arguably *should* be a law saying software has to be guaranteed, but it's unlikely, given the old argument that it's impossible to guarantee software to work on diverse platforms (hint: if it's impossible, you shouldn't be taking money for doing it)

      Now, I agree this would be a good thing throughout law: beefing up the concept of rights so that some rights can never be waived, even by agreement. Otherwise you get the stupid situation you get nowadays, where you technically have rights, but in order to achieve anything you invariably need to liase with someone who has something you need and can make you sign your rights away in order to get it. It's not just software that does this, by the way. Look at the bottom of many restaurant menus and supermarket foods and you'll see "All products may contain nut traces." The tacit message: If you have a nut allergy, either suck the problem down yourself if you have a reaction, or give up eating. Same thing with Windows (in the perception of many firms): do what MS says or your computers are just lumps of plastic and silicon.

  45. If it isn't broke... by empesey · · Score: 1

    I'm sure there is some kind of mechanism in place to turn off this feature, but there is a very good reason why many people don't get the updates right away. What if the update breaks more than it fixes (it's happened). Then a company can lose productivity and money. Will Microsoft be responsible for that? Also, our company is very good about keeping everyone on the same revision level. Things are thoroughly tested before patches are installed.

    In previous jobs, I cannot tell you how many hours were spent, fixing the faux pas of others who had just enough knowledge to apply upgrades to software. These were human beings who had a working knowledge of the company. Now we have autmatons who have no knowledge at all, making corporate decisions on our behalf.

    The horror. The horror.

  46. Joy by The+Pi-Guy · · Score: 2, Insightful

    Just wait until their servers get hax0red...

    A patch that is supposed to fix an Outlook virus becomes a virus? Methinks I'm gonna turn off autoupdate and tell it to warn me first...

    --pi

    1. Re:Joy by blibbleblobble · · Score: 1

      Man-in-the-middle attack. French computers autoupdate from american servers. The request goes through Britain, and the response is replaced by a trojan. French operating systems become vulnerable to "big-5" surveillance.

      As the saying goes, "never trust a program you didn't compile yourself" - when did you last check Windows' source-code?

    2. Re:Joy by The+Pi-Guy · · Score: 1

      /me looks over the now more semi open Windows CE source....

      ohh about 3 seconds ago :)

      --pi

  47. One small difference by Dark+Paladin · · Score: 2
    There is a difference here. There are two ways to do this:

    1. The operating system logs into a remote site, and checks for new files. It then checks a local list/database/registry/etc and decides "Ah, that's a new patch. I need that." See Windows 98/2000/Sierra Auto-Update.
    2. A remote server logs into a workstation computer, scans a database/files/MP3's (yes, fear on the last one, but it's always fun to take these to the far extreme), then recommends upgrades.


    The difference between the two is who has access to my files. Right now, with my Windows 98 machine that I use for games and video capture, I don't mind hitting the auto-update as long as that message saying "We're not sending any information to Microsoft" stays on.

    As soon as I sit down to my computer, and it by itself says "Oh, Hi, I just checked your stuff, and we noticed that you need patches. And while we're at it, we checked your MP3 list, and we don't think you legally own 'Rinbo Revolution'."

    Extreme? Yes. But it's no different in my mind between letting the plumber in to fix my pipes, or giving him a key and saying "Come in whenever you like and just look around and tell me what I need." I don't trust anybody (except my wife ;) well enough to just give them the key to my house. Or my computer, for that matter.
    1. Re:One small difference by Anonymous Coward · · Score: 0

      > As soon as I sit down to my computer, and it by
      > itself says "Oh, Hi, I just checked your stuff,
      > and we noticed that you need patches. And while
      > we're at it, we checked your MP3 list, and we
      > don't think you legally own 'Rinbo
      > Revolution'."

      This type of comment is plain stupid. Ok. Let's say XP got the list of all your files and sent that list to MS.

      Then, how does MS know that you have a license or not to that MS Office copy you have installed?

      It doesn't.

      Let's say for a moment that it does. How does MS locate you? Is there a way they can pinpoint your location and send BSA to raid you?

      There is no way to do this which does not break a lot of other laws.

    2. Re:One small difference by gimpboy · · Score: 2

      well in theory when you installed windows xp you went through the online registraton. at this point your personal information is in a database somewhere at microsoft. when you installed office xp you will go through the same registration process. then they know you installed it there (on computer A). now you go and install the same products on some other computer (computer B), call microsoft and tell them you got a new computer and you need to move your licenses. your old computer (computer A) is still running, and microsoft decides to contact it when it's online and they discover that you are using your copy of xp twice. since you registered they know your name, phone, address, etc. they call them bsa and i think you can figure the reset out.

      are you breaking the law? sure. are they allowed to search through your computer? sure you clicked "ok". do i want to deal with this? no. imagine if you moved into a neighborhood and you had to agree to have your house searched whenever some private organization wants to.

      if that private organization only used the information they were allowed to it probably wouldnt be that bad. i personally dont trust microsoft to have my best interests at heart, so i wouldnt agree to such things.

      --
      -- john
    3. Re:One small difference by Cow4263 · · Score: 1

      I don't trust anybody (except my wife ;)

      Get that key back! She could be under subcontract from MS!!!

      Seriously though, there is no way for MS to know wether or not you legally own cd copies of all the mp3s you have, nor should they really care as they aren't affected either way (they 'shouldn't' care, but they probably do for some odd powertripy reason). But, what they could do with this list of mp3s is determine your general listening habits and then redirect spam to Passport account accordingly (targeted spam is better then random spam, but its spam nevertheless).

  48. Re:Once again, Slashdotters want to have it both w by C_nemo · · Score: 1

    you think Microsoft wan't to keep home users secure? why include it in the EULA, norton antivirus updates pretty nicly by just telling people
    "Hey, its been a long time since youæve updated the virus definitions... etc..., you lacy batard do it NOW!"

    that works pretty well, what about a windows update wich behaves the same way? prompting on startup every two weeks?

    hell this is more like: "we want to know if you pirated some software, bastard of a end user! you are evil, we know you steal why don't just tell us"

  49. Re:Once again, Slashdotters want to have it both w by iCEBaLM · · Score: 4, Informative

    We've been complaining on this site for months, if not years, about Microsoft's security. They have a bug? We want a patch right away. We complain about downloading patches? Microsoft makes the system able to download and install them itself. All the user has to do is set up auto-install of new updates.

    The problem is when you not only tell it you do NOT want auto-updates but also you STOP THE AUTO UPDATE SERVICE and then, when your computer becomes unbearably slow and unresponsive you check the process list and, uh, what's that, autoupd using all my CPU time?! But I told it I didn't WANT auto updates! ARGH..

    It really happens... You cannot turn off auto updates in XP.

    -- iCEBaLM

  50. A Bridge too far? by mikethegeek · · Score: 5, Insightful

    " Several readers were also worried that Microsoft's broad assertion of its right to access their computers would force their companies into noncompliance with government security guidelines and various privacy laws. This concern was exacerbated by additional PUR language in the same Windows XP section. In terms of "Security Updates," users grant Microsoft the right to download updates to Microsoft's DRM (Digital Rights Management) technology to protect the intellectual property rights of "Secured Content" providers. It says Microsoft may "download onto your computer such security updates that a secure content owner has requested that MS, Microsoft Corporation, or their subsidiaries distribute." In other words, it would seem Microsoft's idea of a security update is one that protects the property rights of vendors, not the security of customers' systems."

    What Microsoft is preparing us for is the next step: No root access to a machine.

    This is scary ass stuff. Note that MS's EULA gives them the right to change these license terms on a whim. Your license with MS is one sided, MS can change anything they like, and you have no rights other than those MS chooses to grant you.

    Running a business on such a system to me would see m an unwarranted risk, especially given MS's pathetic record when it comes to security related bugs and holes.

    What MS is saying is that they have "root" access to your machine and can read anything or install anything at will.

    This is clearly over the line. NO OTHER industry in the USA can sell a product and attatch the kinds of "strings" to it's use, while disclaiming any and all liability for defects as the software industry.

    MS and other proprietary software vendors have had it totally their way for too damn long. We need some sort of law limiting what can be in a EULA, restoring the "first sale" doctrine, and at the very least, a right to "opt out" of new license changes made AFTER the sale.

    The best solution is to use Linux or other OSS software. Sooner or later, Microsoft and their goons will go a step too far, and the business world will realize the danger of allowing such meglomaniacs THAT kind of control over their information system arteries.

    If this little nugget isn't it, WHAT will be?

    --
    === The price of freedom is eternal vigilance
    1. Re:A Bridge too far? by oni · · Score: 3, Interesting

      Sooner or later, Microsoft and their goons will go a step too far

      isn't that like saying that drug dealers will go too far and the addicts will stop using?

      call me cynical, but I just see the corporate world as too depentant on microsoft (on the desktop anyway) to give them up even if they wanted to.

    2. Re:A Bridge too far? by SilentChris · · Score: 1, Flamebait

      This is, quite possibly, the most idiotic comment I've ever read on Slashdot. Congratulations.

    3. Re:A Bridge too far? by 5KVGhost · · Score: 1

      Does someone need a nap? Lots of people have their Windows systems configured to automatically download critical updates, and many software packages from other vendors have automatic updates, patches, etc.

      Whether you or I think it's a good idea is irrelevant, lots of people apparently think it is. It's a simple tradeoff: the risk that the feature will be exploited or that MS will issue a patch or update that has horrible, irreversible consequences is generally outweighed by the risk of operating a system with known bugs or security problems.

      My guess is that Microsoft added this to the EULA to avoid having silly people (or companies) turn on the auto-update feature and then sue MS when something breaks, whether it's really Microsoft's fault or not. That's not an unreasonable or uncommon precaution.

      I do agree that most EULAs are stupid and need to go away. They're an artifact of our lawyer-driven society that many companies take advantage of to do things that they shouldn't. But ranting about meglomaniacs and consipracy theories, with the solution being (surprise!) OSS software isn't very convincing.

      If individuals who contribute to OSS projects assumed the same kind of potential legal liablity that most commercial vendors fear I think we'd see some people soften their attitudes.

    4. Re:A Bridge too far? by mikethegeek · · Score: 3, Interesting

      "On the one hand you claim we need government intervention, on the other you claim the market can straighten it out!"

      I want both to happen. The government has a moral and legal obligation to protect the rights of users of proprietary software, just as it does users of other products.

      GM or Ford couldn't escape liability for a design defect in their trucks that causes them to explode, taking with it a company's assets. They would be FULLY liable not only for the actual damages, but for compensatory damages.

      This liability tends to discourage such horrific defects.

      There is no such liability in software. You can EULA away all responsibility, even if you KNOW the product is defective. A company's data can be totally screwed by a defective software product, and the software company be totally non-liable.

      The market SHOULD decide that OSS software is less expensive, less legally risky, and more secure, but this is not going to happen overnight. I believe in the long run that it will. This is why the proprietary IP cartel is pushing such new laws as the SSSCA that would essentially make it a felony to produce an open system.

      --
      === The price of freedom is eternal vigilance
    5. Re:A Bridge too far? by tom's+a-cold · · Score: 1
      On the one hand you claim we need government intervention, on the other you claim the market can straighten it out!

      You know what I believe? I believe the market CAN and IS handling this.
      What's it got to do with the market? This is a monopoly (well over 90% market share) that has subverted the legal system and the regulators, as well as its business partners, to prevent free competition and further entrench their position. Perhaps you failed to notice the US Attorney General bending over on our behalf. Or are you so historically ignorant that you think anti-trust law was just a bad idea?

      Continuing to try to compete with MS is a necessity, given the alternatives, but you'd have to be delusional to think we're on a level playing field. And don't expect an "invisible handjob" will make you feel better.

      --
      Get your teeth into a small slice: the cake of liberty
    6. Re:A Bridge too far? by Gerad · · Score: 1

      Agreed. The same thing has been repeatedly said about MMORPG companies that treat their customers like dung, and yet EverQuest is still growing and running strong.

      While this may be true for some people, it is most certainly not true for the masses.

      What scares me, however, is that our modern system of government seems to be built around this principal, to an extent. If the government does too many "bad things", eventually, the people will decide that the government has gone "too far", and change will happen. But is that really true?

      It sort of makes you wonder.

      --
      Be the Ultimate Ninja! Play Billy Vs. SNAKEMAN today!
    7. Re:A Bridge too far? by Shelled · · Score: 1

      Not that contradictory. The EULA is enforced by government, reducing it's reach through more or altered legislation actually lessens government intervention.

    8. Re:A Bridge too far? by drudd · · Score: 2

      the Open Souce world has devised a system that MS can never destroy.

      I only wish you were right here. Microsoft themselves can never destroy open source, this is true. Partnering with the hardware manufacturers, however, makes this all too easy:

      Step 1: include digital rights management at the hardware level which only is supported by proprietary software (and to reverse engineer it is illegal by DMCA)

      Step 2: stop producing hardware without these restraints (you'll have the content creator's lobbies on your side with this one). If you're really ambitious, make it illegal to own/produce etc. hardware or software which doesn't have this digital rights management system.

      Step 3: Free software dies since no new hardware is produced which can be used with free software.

      This is the key point... as long as hardware specs remain open, free software will flourish. If microsoft can ever extend it's monopoly to hardware (all it really needs is a gentlemen's agreement with the hardware manufacurers, not direct control) then it can kill free software.

      Sure there will be people who still use free software on older hardware, but they'll be a dying minority, all but ignored by the rest of the computer industry.

      Now I'm not saying this plan would be easy to implement by Microsoft, or that they will be able to do so, but it is certainly the direction they are pointing. They know that they can't compete with free software on an equal setting... certainly not dispose of it altogether. At best they can try to contain it through marketing, which is what they're currently doing.

      Doug

      --
      Venn ist das nurnstuck git und Slotermeyer? Ya! Beigerhund das oder die Flipperwaldt gersput!
    9. Re:A Bridge too far? by Malcontent · · Score: 2

      "My guess is that Microsoft added this to the EULA to avoid having silly people (or companies) turn on the auto-update feature and then sue MS when something breaks, whether it's really Microsoft's fault or not."

      My machine updates itself. My machine breaks. In what universe is this not Microsoft's fault? And why shouldn't they be held responsible for it?

      --

      War is necrophilia.

    10. Re:A Bridge too far? by mfago · · Score: 1

      Microsoft does not have that burden! They make software - an arragnment of little electrons that MEAN NOTHING IN TERMS OF LIFE AND DEATH.

      Software DOES control life and death situations! 911 systems, aircraft autopilots, nuclear reactors, F-22 fire control computers. The list is endless. Thankfully, Windows is not found (yet) in many of these systems (other than a few Navy destroyers and 911 systems).

    11. Re:A Bridge too far? by GSloop · · Score: 2

      Sheesh - do you know what a tort is?

      tort Pronunciation Key (tôrt)
      n. Law
      Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought.

      This is what you sue civially for...not loss of life etc. Your definition of liability wouldn't cover my crashing into your car, as long as you didn't die, or have the real possibility of dieing. [Sheesh]

      Every, let me say it again! EVERY company should face liability for the products it makes. This is an essential part of a free market system. Everyone is free to make a product, but by participating in a system where everyone is free to create suttf, the maker must ALSO agree to be responsible to a court system.

      The court system is where mistakes in the creation of the product are adjudicated. If the maker/creator was negligent in the eyes of a jury, and caused damage to a party, then the creator/maker must "make it as if the damage never occured." Software makers should also suffer this liability.

      Now, the hue and cry will be "Oh, software will be so expensive, if we have to eliminate most bugs - software is ALWAYS buggy!" Bah! Software _will_ cost more, if we demand a higher standard. But, that's not such a bad thing. What companies like MS (and others who make shoddy, feature laden, rather than solid software) do is shift the cost burden.

      Instead of SuperDuper Wordprocessor costing $800, it only costs (up front) $250. Then the company that buys that software then spends way more fixing problems, and lost documents etc. So, the software really cost $1500 say, but mgmt thinks it only cost $250. Now mgmt should realize this, and probably they eventually will. That will change the system.

      But to say that we don't need the legal system is stupid. If I produce a crap lawn-mower that wrecks your lawn, I should be liable. If I produce crap software that tells you to apply 100 Lbs of fertilizer / sqare foot, and that wrecks your lawn, I should be liable. (Free software would probably need some waiver.) What's so different there. There might be some slight modifications needed for software, but if software manufacturers were liable on a "sale of goods" basis for damage from the software, then I expect we would see some serious improvement in the quality of our software. I would be that or die.

      Just my thoughts.

      Cheers!

    12. Re:A Bridge too far? by Ig0r · · Score: 2

      Here's a fairly large one:
      http://slashdot.org/articles/00/11/04/1437226.sh tm l

      --
      Soma: because a gramme is better than a damn.
    13. Re:A Bridge too far? by bero-rh · · Score: 2

      A company's data can be totally screwed by a defective software product, and the software company be totally non-liable.

      Which is a good thing, to an extent.
      If there were any law to the contrary, just imagine what would happen to some Open Source projects.

      Say you're a 16 year old student who hacked up some PHP board to run his own website, and you're thinking it may be useful to others.

      Right now, you simply GPL it and put it up for download.

      With a liability law, you'd run the risk of being sued over any defects - and since you typically wouldn't have any income at all, you'd think several times before releasing the code in any way, probably coming to the conclusion that you can't release it at all.

      Much the same goes if you apply it for companies only. Take Red Hat:
      We do a lot of testing on every release before it's called a release, but of course we don't have access to every piece of hardware in the world that Linux supports.
      It's certainly possible that some version of an officially released kernel can cause massive filesystem corruption when the MyFOO ISA SCSI adapter is used.
      We'd release an errata update for this type of stuff, but that's pretty much all we can do about it.

      With a law holding software companies fully responsible for everything they ship, we'd probably have to disable all drivers that don't get loads of testing (basically all non-standard hardware), and also remove quite a few packages.

      The difference between the software and the truck exploding is that you can use the software on very different hardware combinations (and no company in the world has the resources to test on all of them), causing potentially very different results.

      Defining the limits of reasonable liability for software bugs would be a very hard task even for an engineer (my take would be something along the lines of "Vendors of proprietary software can be held responsible for data loss and damage caused by bugs in their software if the problem can be reproduced on the hardware recommended by the software vendor and the software is used in its intended way. Makers of Open Source Software and non-profit Software can never be held responsible."), and probably undoable for a (clueless) government.

      --
      This message is provided under the terms outlined at http://www.bero.org/terms.html
    14. Re:A Bridge too far? by GSloop · · Score: 2

      Oops...Final sentance.

      _It_ would be that (fix the software) or die!

      Cheers!

    15. Re:A Bridge too far? by 0-9a-f · · Score: 1
      This is a radical idea -

      What Microsoft is preparing us for is the next step: No root access to a machine

      And while slashdotters get all up in arms about loss of control, etc, if you stop and think for a moment, this is an extoardinarily powerful idea!

      "No root access to a machine" puts the onus fair-and-square on Microsoft's shoulders to provide a reliable operating environment.

      We expect the Internet to be there (always), so why not allow someone else (M$) to provide a standard operating environment? You (Joe Schmoe) buy a PC (plenty powerful enough for any regular home use), Windows XP pre-installed, connect to the Internet, wait for the system to register itself to M$ central, and synchronise itself to the current M$ environment.

      From Microsoft's perspective, this has to be an astonishingly compelling idea. If all installed drivers are at the same revision - they WILL hear about problems, and will HAVE to fix it. No sneaky work-arounds, where M$ never hear about the problem except annecdotally.

      This, by the way, is similar to the advantages touted by web-based desktops in years gone by (are desktop.com still going?), and how Citrix, etc, are still finding corporate customers today.

      If you turn the classic slashdot attitude around for a moment, the vendor (M$) may see that a standard environment for Internet access would provide exceptional opportunity for content development (developers need no longer worry about backwards compatability, nor "fringe" environments), and consumers (who would have a lovely, safe, corporate-supplied Internet experience).

      Of course - this is Utopian. Anyone with a shred of reality (or cynicism?) knows that no corporate has ever had anything but money in mind.

      But the dream may be a good one. There are down-sides, for sure. If the generic PC falls by the wayside, and is replaced by customised, DRMed, Home/Internet boxes (and its brother, the customised, DRMed, Corporate/Internet box), individuals will have lost many freedoms, and M$ will own us all.

      For a corporation, that must always be the goal.

      As consumers, no matter how comfortable and safe our world is made for us, our goal is always individual freedom.

      And so you would expect this to fail - but once M$ own the Net, to the extent that all access and content is M$-oriented, the era of the hardware/software hacker-hobbyist is over.

      Perhaps this is a little too extreme, but Microsoft can dream big, and bulldoze their way ahead regardless of time, money, or regulation.

      --
      With each breath in, a flower somewhere opens; with each breath out, a flower withers away. In between lies beauty.
    16. Re:A Bridge too far? by Tony-A · · Score: 2

      First, you say free software needs a waiver. Why? Why should free software have a waiver?
      My word-processor has never crashed on me - but if it did I'd be fine with it because of the cost.

      Looks like you answered your own question.

    17. Re:A Bridge too far? by Tony-A · · Score: 2

      Huh?
      The only thing similar I've seen was with Microsoft's bastardized "Java", ant that was due to Sun's restrictions.

    18. Re:A Bridge too far? by Fjord · · Score: 2

      First, you say free software needs a waiver. Why?

      Tort law, indeed, does give different levels of liability to commercial entities than to noncommercial ones. It's been decided in law and case law that is an entity is making money off of you, they have a higher duty of care. In fact, there are even good samaritan laws lowering liability for people who are doing something for the community without direct benefit to themselves (and an ego boost is considered an indirect benefit).

      Of course, I don't think that it is true that free, as in libre, software should have a waiver. After all, if I have a suppot contract with RedHat then I expect that to be enfored. However, free, as in gratis, software shouldn't be held to the same regard (even if closed source) since the authors aren't profitting off of you.

      IANAL, but my wife used to go to law school

      --
      -no broken link
    19. Re:A Bridge too far? by Tony-A · · Score: 2

      I've also got access to the sources and diagnostic tools. If there is a problem I'm not totally dependent on the vendor to find and fix the problem. By withholding the sources, it seems that the vendor is assuming responsibility for what the customer could do if the customer had the sources.

    20. Re:A Bridge too far? by Phroggy · · Score: 2

      What Microsoft is preparing us for is the next step: No root access to a machine.

      It is generally recommended that when using a desktop system, you NOT be logged in as root, for security reasons. Use root for system administration when you must, but in general, stick to your own unprivaleged user account. This is for two reasons: first, to prevent bugs in the software from wiping out the system, and second, to prevent the user from wiping out the system by mistake at 3am (rm -rf / var/tmp/junk - whoops, there was an extra space there...).

      Most Windows systems are desktop systems. Is having a "System" account with more privaleges than "Administrator" really a bad thing? Maybe, if you are prevented from doing things you want to do. How often do you find that to be the case?

      Mac OS X is set up in a similar way. There is a root account, but there's no password (it's set to * so logins are disabled). Administrators have group write access to folders like /Applications and /Library, and can authenticate in System Preferences or the Installer to make changes and install software, but /System is owned by root and cannot be modified.

      However, anyone in the admin group automatically gets sudo access to run anything as root, so sudo tcsh gets you a root prompt. I'm pretty sure Windows doesn't give you that ability.

      (By the way, if you really want to enable root logins: /Applications/Utilities/NetInfo Manager, Domain -> Security -> Enable Root User. I haven't found a good reason for doing this yet.)

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    21. Re:A Bridge too far? by JetJaguar · · Score: 1
      Well, I see your point, and I agree with it to a certain extent, but I have couple of quibbles.

      I think there is some precendent with regard to commercial liability. Most courts would be hard pressed to find the 16 year old (or the 24 year old grad student) commercially liable for GPL code they released on the net, especially considering the fact that they would have virtually no control over who downloads and uses the code, they get no financial gain from releasing the code, etc, etc.

      I would say that RedHat and other linux distros would have some protection here, since you are not in control of every piece of software you distribute, that doesn't mean you're quite in the same boat as the hobbyist developer, but you should be accorded some "slack" simply because you don't own the IP rights for much of what you sell, and as such, you are not ultimately responsible for fixing every bug in every package you ship, you are only obligated by the GPL to distribute the source. So, IMHO, RedHat et al, would be less liable to a certain extent, although gross negligence would still be there, but if you've got a gross negligence suite aimed at you, you've probably got other problems as well.

      Microsoft is in a yet a different catagory, not only do they sell their software commercially, they also own all IP rights too and are in ultimate control of it. In my mind, that makes them a *lot* more responsible for their products than either RedHat or the hobbyist. If I were to buy a CD containing software from Microsoft though, I would expect a certain level of quality assurance. That what I spent my cash on actually worked, or if it didn't work correctly, that Microsoft would be obligated to promptly address the issue or refund my money, at the very least. The way things stand right now, we pay for the CD's, if there's trouble, we pay for the support call, we pay for the upgrade that fixes the software that should've worked right the first time, and so on.

      I agree with you that defining the limits of liability can be difficult, but I do think it's worth trying to figure it out, there's just too much BS going on, especially with respect to commercial software, for this crap to go on indefinitely.

      --

      Shop Smart, Shop S-mart!

    22. Re:A Bridge too far? by Anonymous Coward · · Score: 0

      like, say, a warship?

    23. Re:A Bridge too far? by Anonymous Coward · · Score: 0

      Oh, please.
      You're just afraid that your pirated software might be discovered.

    24. Re:A Bridge too far? by Anonymous Coward · · Score: 0

      > Most Windows systems are desktop systems. Is
      > having a "System" account with more privaleges
      > than "Administrator" really a bad thing? Maybe,
      > if you are prevented from doing things you want
      > to do. How often do you find that to be the
      > case?

      This is already the case, and has been since at least NT 4. Or have none of you ever come across a 'Permission denied' error while trying to end a task?

      Who the fuck is the computer to tell me I don't have access to stop a process on my own machine?

    25. Re:A Bridge too far? by Tom_N · · Score: 1

      Copyrights are a form of government intervention in a free market. So are things like DMCA and UCITA that try to change the rules of the game such that a vendor can use the appearance of a sale, and yet retain a huge amount of control over the sold item without obtaining signed, informed, pre-sale agreement from the buyer.

      If you are against government intervention as a matter of principle, you should logically be against copyright (or for minimally-restrictive copyrights), against the DMCA, against the SSSCA, against UCITA, and against the enforceability of non-signed "license agreements."

      Favoring no government action to curb the most flagrant abuses is essentially a way of saying that you want the government to intervene in the market, but only as long as it sides against the public and against normal free trade.

    26. Re:A Bridge too far? by GSloop · · Score: 1

      Either software is entirely different or it isn't.

      Go read some good material on software design. "The Software Conspiracy" by Mark Minasi (I spell horribly, so beware)

      Well designed software isn't that much more expensive. Until it gets done regularly, it will be hard to tell how much more expensive it will be, but I can see it potentially costing less.

      I don't demand flawless, but then tort law doesn't either. It just demands a reasonable standard. What's reasonable, is what you can convince a jury of...

      Software is continually ruling our lives...
      Would it be OK, if your car just stopped regularly? It's just software, sure, it controls the fuel/air mixture, but hey it's just electrons running around anyway...

      We'll get decent software when we demand that it function "just like everything else other than software." We expect more from the hardware that we run said software on. We wouldn't tolerate cars or microwaves or cell phones or PS2's that run as badly as much software does. That's just plain sad. I guess we get what we deserve.

      Until the public starts to see that software design isn't black magic, that no-one can predict, and that it's artistry...blah blah blah, we won't get good software...well that's life I guess.

      Cheers!

    27. Re:A Bridge too far? by tom's+a-cold · · Score: 1
      The only way I could see OSS dying would be through government regulation - (ie the introduction of software liability laws, for one!). And at this point, it seems very unlikely that it will happen.
      This is a point that we agree on. My concern about monopolies (and MS is not unique in this regard) is that they use non-market means to protect their monopoly positions. Promoting legislation that raises barriers to entry is a common tactic. Say, government mandated "product standards." With the auction that is our current legislative system, and with the present Supreme Court, I can only hope that SSCA, or something like it, doesn't slip in under the radar. In the short term, I would not be optimistic about checks and balances working, or that a public outcry would make all that much of a difference in the outcome.

      By the way, in response to your earlier exhortation to switch to Linux: I don't use MS products, except at work where they force me to. So I've already voted with my feet for OSS. I'm just saying that the market doesn't work in isolation-- there's some very filthy politics going on too, and that can lead to a rigged market where the race goeth not to the fittest, nor bread to the wise. When the other guy is coming at you with a lead pipe, it's disadvantageous to continue following the Marquis of Queensberry's rules. The OSS movement must act politically, not by solely economic means. This might mean compromising the purity of our position in some cases. The alternative is to find ourselves outmaneuvered, on the wrong side of the law.

      --
      Get your teeth into a small slice: the cake of liberty
    28. Re:A Bridge too far? by gorilla · · Score: 2

      Except that software can, and does kill.

  51. not really by gimpboy · · Score: 2
    most of the stuff i use is released under one of the following:

    gpl

    bsd

    apache

    by reading the above licensing terms (the bsd one is trivial)
    it would cover about 85-90% of the software i use (close to 95% of the stuff i have installed). the rest are some variation of the above. while it might be a pain in the ass your still making a legal agreement. weather or not you care to read what you are agreeing to is not really that important your still responsible for your actions (disclaimer: if you are an adult in the united states)

    i would expect that most home users wouldnt be using windows 2000 professional, and i would expect the IT people of a company to be a little more accountable than the average home user. i'm a grad student and i manage computers for my advisor. when i install software, i check out the licenses. most of it is gpl'ed so i dont have to worry too much. it's my responsibility since i'm his IT person. i'm not a lawyer or in need of psychiatric help (i suppose you could argue about the latter).

    --
    -- john
    1. Re:not really by fossa · · Score: 2, Insightful

      With software under the gpl, bsd, etc., I don't have to read the license or agree to it to use the software. Once I legally obtain a copy, I am free to do as I wish as long as I do now violate copyright law. Only when I wish to do something which is not allowed by law (e.g. redistributing) must I follow the license (gpl, bsd, etc.).

      This is very different from an MS style EULA which attempts to limit what I can do with my copy of the software over and above existing laws.

      You are correct that it is easier to deal with software that is mostly under common licenses, but do not make the mistake that the free software licenses are anything like standard commercial EULA's.

  52. This can be done without the EULA. by Crixus · · Score: 4, Insightful

    I think the most important issue here is that MS can have its OS's download and perform upgrades WITHOUT having to have this kind of language in the EULA.

    All it would need to do is have an automatic wizard pop up ever week (or month) or so and ask your PERMISSION to check for and download the latest updates. The Wizard can even provide a lengthy explanation of what it's about to do for those who want more information.

    That is all that's required for REAL updates.

    This language in the EULA sounds like it might be giving them EXTRA permission to do other things. Checking version numbers of WHAT software? As someone else pointed out, will this include OfficeXP? Is it checking for pirated warez?

    So despite all of the people up here screaming that ONCE AGAIN the /. crowd will do anything to bash MS, there is something to be concerned about here.

    Rich...

    --
    Ignore Alien Orders
    1. Re:This can be done without the EULA. by Anonymous Coward · · Score: 0

      Is it checking for pirated warez?

      Is there a different kind of warez?

    2. Re:This can be done without the EULA. by Monkeyman334 · · Score: 1

      Windows ME already has an update feature like this, it sits in the taskbar and pops up every once in a while and says "New updates available" and will direct you to windows update. Almost like Nortons live-update. Which is great for a workstation. Except on a server, I never see the taskbar, and the only time I see the screen is when I am there to update it. I think a feature that would get updates automagically would be awesome. Maybe they should disable the feature by default if it's causing problems, but if there is a way to enable it, it has to be in the EULA to keep them from be liable for damages resulting from the update. Also, OfficeXP already does a better job with piracy, you can't use the same CD to install on all your computers (same license, anyway). But you're right, I wouldn't be surprised if they were looking for a pirated version OfficeXP.

    3. Re:This can be done without the EULA. by Anonymous Coward · · Score: 0

      Oh GOD NO! Not features for an OS that help people protect the products they're trying to sell! HOW EVIL! You know, if people weren't pirating so much stuff, all of this wouldn't be a problem. Do you think "Digital Rights Management" would have been such a big thing, do you think the DMCA ever would have been created if piracy wasn't as mainstream as it is today? Do you run Windows yourself? If you do, (and be honest about it) did you buy it? And if you didn't, do you have the right to complain?

    4. Re:This can be done without the EULA. by Crixus · · Score: 2
      Oh GOD NO! Not features for an OS that help people protect the products they're trying to sell! HOW EVIL!

      You're not thinking. How far are you willing to let corporations of law enforcement peer into your home to check for these violations?

      What else will MS be checking for? Will they be looking for Open_PGP keyrings? (secret keys in particular). We have no idea WHAT they're looking for, and without being able to audit their code we have to take their word for it.

      I don't trust them OR law enforcement to tell me the truth.

      Do you think "Digital Rights Management" would have been such a big thing, do you think the DMCA ever would have been created if piracy wasn't as mainstream as it is today?

      I have no idea. I am trying to think of an example where theft or piracy isn't rampant in an industry, yet they vigorously protect it anyway. I am still thinking. I'll get back to you on this.

      However, your question implies that you think it's OK if this "feature" in the new EULA does this (checks for warez), when it says it's doing something else.

      Everyone always says "read the fine print" but when a slashdotter actually does this and raises a red flag about a potential... POTENTIAL privacy issue, they're criticized for it.

      Yes, MS is an EASY target, but just because they're being attacked does not mean they do not deserve it.

      Do you run Windows yourself? If you do, (and be honest about it) did you buy it?

      I'm not sure what I do is anyone's business.

      And if you didn't, do you have the right to complain?

      I will always defend my right to protect my rights and consumer rights. Just as I argue vehemently against those who say I lose my right to free speech if I choose not to vote.

      Rich...

      --
      Ignore Alien Orders
    5. Re:This can be done without the EULA. by sparkz · · Score: 1
      OfficeXP? Is it checking for pirated warez?

      If you have a pirated copy of Office, or any software, you have no moral highground from which to accuse MS of impropriety. Pirating MS software is common, but that does not make it any less illegal.

      --
      Author, Shell Scripting : Expert Re
    6. Re:This can be done without the EULA. by sparkz · · Score: 1
      Do you run Windows yourself? If you do, (and be honest about it) did you buy it?

      I'm not sure what I do is anyone's business.

      If you're running a copy of Windows you didn't pay for, it's MS's business (literally)

      --
      Author, Shell Scripting : Expert Re
  53. Re:Once again, Slashdotters want to have it both w by boaworm · · Score: 1

    Perhaps you are missing the actual problem ? I dislike MS products not because they are so hard to patch, but because I _have to patch_ all the time.

    Security holes are not supposed to exist at all. Making a licence that allows MS to upgrade their own buggy products without telling customers is.. better than not, but not good.

    They should create bugfree software from the beginning instead :-)

    --
    Probable impossibilities are to be preferred to improbable possibilities.
    Aristotele
  54. Heh heh... cute. Likely false, but cute. by jpellino · · Score: 2

    It's a basic principle of tort law, but I'd love to see the original reference if this is true.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  55. There is a difference by internic · · Score: 3, Interesting

    It's true that for Windows Update to work, it must determine what versions of what programs are on your computer; however, in the past is explicitly said that no information was transmitted to MS in the process, presumably because all the checking was done client side. Now, obviously, if MS looked at what you downloaded they could make a guess at what you have, but such snooping could at least be said to be an invasion of privacy. Now they have made you explicitly say that such snooping is ok. Moreover, in this snippet of the agreement, at least, it does not say such snooping will always be for the express purpose of system upgrades. Finally, you always had the option of not using Windows Update, but it sounds like you have to agree to this now just to use the OS. So I think this is new, different, and shitty.

    --
    "You call it a new way of thinking; I call it regression to ignorance!" -- Operation Ivy
    1. Re:There is a difference by Zico · · Score: 2

      Now, obviously, if MS looked at what you downloaded they could make a guess at what you have, but such snooping could at least be said to be an invasion of privacy. Now they have made you explicitly say that such snooping is ok.


      Where in that snippet does it say that checking is no longer done client side?


      Moreover, in this snippet of the agreement, at least, it does not say such snooping will always be for the express purpose of system upgrades.


      The snippet Slashdot has reads "may automatically check the version of the Product and/or its components that you are utilizing [...]" So yes, it sounds like checking is done for the express purpose of system upgrades — The Product and/or its components. There some other snippet you were referring to? Because that one shows you to be pretty much 100% wrong.


    2. Re:There is a difference by internic · · Score: 1

      Where in that snippet does it say that checking is no longer done client side?

      Well, really the point is that it doesn't mention one way or another; thus, you have agreed to either. It would now be acceptable for the OS to upload a bunch of config info to MS.

      The snippet Slashdot has reads "may automatically check the version of the Product and/or its components that you are utilizing [...]" So yes, it sounds like checking is done for the express purpose of system upgrades -- The Product and/or its components. There some other snippet you were referring to? Because that one shows you to be pretty much 100% wrong.

      No, what that says is that it will only be checking the version and componants of "the Product" (presumably Windows XP plus whatever apps they decide to declare "part of the OS"), but it does NOT say anything like, "for the purpose of upgrading the system." It only says what it can check and what it can then do (download and upgrade), but it doesn't specify under what circumstances such a check can be performed. It seems there's nothing to rule out a program that contacts XP machines over the internet and gets them to send MS all sorts of info about config and componants as part of a random scan for piracy, as long as all it does is get version and componant information and download nothing but "upgrades". THAT is my point.

      --
      "You call it a new way of thinking; I call it regression to ignorance!" -- Operation Ivy
  56. Other Content Owners? by Spuggy · · Score: 3, Interesting

    [From the Article:It says Microsoft may "download onto your computer such security updates that a secure content owner has requested that MS, Microsoft Corporation, or their subsidiaries distribute."]

    Does this mean that if say a music distributor reaches an agreement with MS to send music over WMA that they can request MS to check for non-licensed files? Or can they request MS to implemented some form of CrippleWare into Media Player? (granted your own fault if you're listening to music on it with all the published concerns regarding privacy and the software)

    Like everyone else has pretty much said, the Windows Update Feature doesn't really bother me much, but allowing updates requested from other Vendors kind of does--especially if it is a background process that I don't know about.

  57. The software yes, but not the agreement by internic · · Score: 1

    Sure, this does seem to refer to the update function, but in the EULA you don't seem to agree to inspection of your computer in that specific context; thus, three years down the road, if MS decides they want to crack down on piracy, they already have you permission to scan your computer. Convenient, eh?

    Now, you might say, "but how will they do that?" Well, either they already have a componant for such things in the OS (thinking ahead) or else they use one of their patented security holes. It may sound alarmist, but basically, if you give them the unconditional right to see what software is on your computer, given their concerns about piracy, don't you think they'll eventually want to use it?

    --
    "You call it a new way of thinking; I call it regression to ignorance!" -- Operation Ivy
  58. MS didn't think anyone would notice ANYTHING by jpellino · · Score: 3, Insightful

    My original point stands - you can't just walk all over what people need and think that can simply go on endlessly... MS spent years engineering a system that took away options - and they got their head handed to them, and the recent revelations show that plain old people DO care. MS is possibly getting off only for political reasons - but they seem to be going back to their old arrogant ways. MS is the irish potato of the computer world - monoculture on which not only does their well being depend, but so does the wellbeing of 90% of computer users. The crop goes bad and lots of users / businesses go dark. They may just creep up on enough small indecencies so that someone calls them on it. MS has an achilles heel somewhere - and the people who depend upon them better hope no-one finds it. This is not original - Nick Negroponte has laid this out in detail with several real possibilities. Someone needs to dope slap the folks who Ok these little things.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
    1. Re:MS didn't think anyone would notice ANYTHING by Spuggy · · Score: 1

      >> Someone needs to dope slap the folks who Ok these little things.

      You mean the users who just install it blindly and don't bother reading the Fine Print? I can understand people not reading the License for every little Internet Download they install, but for as often as you install an Operating System and especially a new one, the user is at fault for this just as much as MS. (Granted I can't really see anyone, myself included seeing something like this and just refusing the OS install--they do tend to screw you over like that in the licenses).

      You are right though, MS is heading back in the wrong direction after (dare I say it) something of an improvement (albeit small)

    2. Re:MS didn't think anyone would notice ANYTHING by i_am_nitrogen · · Score: 5, Interesting

      What about OEM installs of Windows? People who buy a computer from Office Max or Wal-Mart don't ever get the "Agree/Disagree" prompt. Usually there's a little book that says "For distribution only with a new PC." inside the box, but does it ever say anywhere "Read me or die a horrible death?"

  59. OT: Re:Message from Microsoft by Anonymous Coward · · Score: 0

    The first and last time I watched an episode of "The Chair" They asked the question "What is the last word in the pledge of allegiance?"

    The choices were "All," "Your," "Base," "Belong."

    I nearly shit a brick !!

  60. Exactly, remember code red by Alex+Kalita · · Score: 1

    The code red outbreak was caused by hundreds of thousands of Windows servers going un-patched. Microsoft had a "critical security update" available a full month before the code red worm was released, but everyone still cites code red as an example of weak security by Microsoft. Perhaps the auto-update is what we need to prevent similar situations.

    And as some other posters mentioned, these statements in the EULA basically amount to the Win XP auto-update feature, which you can disable. If you don't like Microsoft automatically checking for patches you can turn it off.

  61. Relax... by Anonymous Coward · · Score: 0

    Just drink the Kool-Aid, and all will become clear

  62. And You All Thought Clippy Was Dead! by Anonymous Coward · · Score: 0

    You can bet that when this "Microsoft Feature" is installed, the first automatic update will re-install Clippy the dancing paper clip. I told you so, Microsoft never gives up.

    Not only that, but all the Microsoft advertising crap, such as for MSN, .NET, etc. that you have carefully de-activated, will all come back, but now you can't get rid of it! If you do try to uninstall it, just wait and see what the next update will do!

  63. Just block microsoft.com by xtreeman · · Score: 1

    I solved the whole problem by blocking everything except msdn.microsoft.com in my Junkbuster (ad-blocker). That way activex.ms.com, updates.ms.com and many other connection attempts fail right away on my FreeBSD server.

    Simple solution.

    1. Re:Just block microsoft.com by Anonymous Coward · · Score: 0

      Assuming, of course, that the "updates" come from *.microsoft.com and not conexion.com or weownyourbox.com or something else.

    2. Re:Just block microsoft.com by Anonymous Coward · · Score: 0

      Don't fall victim to false security. Microsoft isn't limited to using HTTP and making web connections to perform its upgrades. They can very easily bypass any HTTP proxy that you set up. Junkbuster is good at filtering web connections, so use it for that. But you should use a firewall for more reliable connection filtering.

    3. Re:Just block microsoft.com by i_am_nitrogen · · Score: 2

      I did this once on my network. Within two days, my /var filled up with logs from all the Windows machines on the network. They were trying to download http://windowsupdate.microsoft.com/ident.cab every 30 seconds constantly. No Windows Update feature had been activated on any of the machines. This ident.cab file, when extracted, contains a single text file with some interesting information in it. Microsoft is already doing stuff behind our backs. Unfortunately I've not been able to rid myself of the need for Windows-only software yet, but hopefully my employer, or some other group will be able to change that.

    4. Re:Just block microsoft.com by Anonymous Coward · · Score: 0

      Technically ident.cab is only supposed to be checked every time a new instance of Internet Explorer is run. If you're getting it every 30 seconds then either you've got a lot of windows users or some people who are very high load on how they use IE.

    5. Re:Just block microsoft.com by Anonymous Coward · · Score: 0

      > I solved the whole problem by blocking everything except msdn.microsoft.com in my Junkbuster (ad-blocker). That way activex.ms.com, updates.ms.com and many other connection attempts fail right away on my FreeBSD server.
      > Simple solution.

      And, according to that XP Pro EULA, illegal.

      No, they probably won't do anything about it, but if they were of a mind to do so for some reason, they've got you if you're using that s/w.

      That's the crunch - not what MS does now, but what they might decide to do later, especiall when you've legally (not challenged in court, though) agreed to let them.

    6. Re:Just block microsoft.com by Not+The+Real+Me · · Score: 1

      M$ can always do port scanning to find a path to their servers. In addition, adding an alias to their DNS records to bypass users running filtering software takes seconds.

    7. Re:Just block microsoft.com by i_am_nitrogen · · Score: 2

      If IE is unable to load ident.cab, it retries every thirty seconds. So, with only two Windows machines on the network, the logs filled up the /var.

  64. EULA != legal contract by Anonymous Coward · · Score: 2, Insightful

    I don't know what the laws in your country are, but here in EU, EULAs can be totally ignored. I don't actually sign them, and clicking a button (or whatever the program asks me to do) doesn't count as a valid contract.

    They could ask for my soul in the EULA, I really don't care, so why bother reading beyond first line?

    1. Re:EULA != legal contract by gimpboy · · Score: 2

      ianal: i believe here they are legally binding. here being the united states of course ; ). it would be nice to move towards what you guys have. be careful though. organizations like the wipo will probably start lobbying your government to do things to legally enforce eulas.

      --
      -- john
    2. Re:EULA != legal contract by mgv · · Score: 2

      I don't know what the laws in your country are, but here in EU, EULAs can be totally ignored. I don't actually sign them, and clicking a button (or whatever the program asks me to do) doesn't count as a valid contract.

      So if I buy my software in the EU where the EULA doesn't count, can I use it in the US where they do? If you didn't buy it in the US, and didn't agree to the EULA, at what point did you break a US law?

      Michael

      --
      There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
    3. Re:EULA != legal contract by tomsparrow · · Score: 1

      So if I buy my software in the EU where the EULA doesn't count, can I use it in the US where they do? If you didn't buy it in the US, and didn't agree to the EULA, at what point did you break a US law?

      (again, IANAL) If you use the software in the US, you are bound by US law. There are countries where it is legal make, sell and buy pirated software, but it is still illegal for me to import it to the UK and use it here.

    4. Re:EULA != legal contract by mgv · · Score: 2

      There are countries where it is legal make, sell and buy pirated software, but it is still illegal for me to import it to the UK and use it here.

      So if I am a european citizen and I have a laptop with microsoft products on it, I can't use it in the US?

      And conversely, if I have a US laptop, might it be illegal to use it in certain ways in Europe because it affects the EULA (although this is probably less of an issue)?

      When you get your computer in the US or the EU, you don't get a disclaimer saying that it can't be used in another country - surely a common issue for any laptop sale?

      Michael

      --
      There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
  65. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  66. I should add lines like this to my eula by Anonymous Coward · · Score: 0

    I should add line that give me the right to there best looking daughter and posably there house and car?

  67. Re:Your Sig, totally offtopic by Sarcazmo · · Score: 0, Offtopic

    Your sig is actually the chant that Alcoholics Anonymous uses, in condensed form.

    I don't know if you want to be associated with a brainwashing religious cult organization that courts order people into.

  68. Say what you want by Anonymous Coward · · Score: 0

    Say what you want, but I wish there was some kind of Microsoft auto-push update feature to flush out all those goddamn people still hitting me with Code Red and variants. C'mon it's been a few months now, if those bozos aren't going to fix it themselves then someone should fix it for them.

  69. Be reasonable by internic · · Score: 1

    I try to read the EULAs on the software I use, but realistically I only probably read 10% of them. Every damned peice of software comes with one, and most are quite lengthy. Also, consider that sometimes it takes a fair knowledge of computers to even understand the potential problems certain parts of an agreement might pose. But basically it comes down to this: The EULAs are too long, too complex, and too numerous to read all of them in their entirity, for most of us anyway. And if people start finding stuff they object to in them, well companies can just start making them longer and more complex. I'd say that you should try to anticipate which programs might have troublesome EULAs and read those, but in the end, the only real protection is that someone, somewhere will read it and post any glaring problems somewhere like /. to show the rest of us.

    It's my hope that, in the future, there could be legislation to force standards for EULAs that makes it possible for any user to be presented with all the vital information in a reasonable length of time. A good start would be a maximum length cap or a summary requirement. Until then, we may just have to start hacking out EULA parsing scripts in Perl. :)

    --
    "You call it a new way of thinking; I call it regression to ignorance!" -- Operation Ivy
    1. Re:Be reasonable by gtdistance · · Score: 1

      Maybe a solution would be to have standardized EULA's. The open source community already has this with the GPL, but it would work for closed source software as well.

      Then the EULA you see could say:
      This software is subject to the Standard Commercial Software EULA, with the following x modifications.

      And then any tweaks to the standard could follow. Then people would only have to be familiar with a couple standard ones, and read through the modifications listed.

  70. Comment removed by account_deleted · · Score: 3

    Comment removed based on user account deletion

  71. Re:Pretty reasonable by Aknaton · · Score: 0

    Most people will not use an OS other than Windows, since comes preinstalled with their computer. I think that it is the above average computer user who seeks out an OS that didn't come with their computer.

  72. Re:Once again, Slashdotters want to have it both w by Anonymous Coward · · Score: 0

    Good God, what OS and applications do you run? If you're not patching as much as or more than you'd patch Microsoft products, you're hideously insecure. Turn the machine off now, and work out how you're going to secure it!

  73. Microsoft's most desired flaw by Mozai · · Score: 3, Insightful

    Microsoft's most desired flaw is that they do exactly what they're asked to do. The complaint around here is that what they're asked to do isn't the right thing to do -- which you can distill to "users are stupid."

    I'm a sysadmin at a small company -- 60 employees, few million dollars is revenue. A reoccuring problem I have is employees who open file attachments from strangers. I've written policy; I've had meetings and presentations. Hell, the CEO said to me once "good thing I use a Macintosh because I double-clicked on that gone.scr attatchment, eh?"

    Updating virus protection, and applying patches on every desktop machine is a must. After a particularily scary security announcement about IExplorer.exe, I got the patch off of Microsoft, posted it to our local file server and sent out a letter to the entire staff [insert something here about office politics and loosing face for scaring people] saying "install this patch immediately." Little did I realize that the patch was broken and replaced later the same day on the website with a functioning one. So, I expected everyone would come to me and say "I tried but it did _this_ instead."

    Two people came to me to complain. Two people of 59, when I said it was important to install this patch. Of the two people, one of them is a suit who hates using email (kudos to him for reading it).

    Some sysadmin, as frustrated as I am, must have asked for this 'MS will upload patches to you whether you ask for it or not' feature. Hell, I've had suits whine to me about "can't you just update my virus software for me, automatically?" and I think to myself "I guess I should, since when I say 'DO THIS, it's very important,' you ignore me."

    1. Re:Microsoft's most desired flaw by Anonymous Coward · · Score: 0

      >> Some sysadmin, as frustrated as I am, must have asked for this 'MS will upload patches to you whether you ask for it or not' feature.

      This feature is currently available, via extra software. If you are a sysadmin for a company, this is exactly the sort of thing you can do yourself with run-once log-in scripts, Microsoft's SMS product, Novell's ZenWorks product, etc.

      There is ZERO reason that Microsoft should have the need to do this themselves, much less the ability.

    2. Re:Microsoft's most desired flaw by fire-eyes · · Score: 1

      Fully agreed there. I'm a CNA, and while Z.E.N.Works is a bitch to set up, its capabilities are outstanding.

      However, as much as I love Novell, there is no reason people (we definately are't talking about home users with Novell) should have to go outside of their operating system.

      --
      -- Note: If you don't agree with me, don't bother replying. I won't read it.
    3. Re:Microsoft's most desired flaw by QuickFox · · Score: 1

      I got the patch off of Microsoft, posted it to our local file server and sent out a letter to the entire staff [insert something here about office politics and loosing face for scaring people] saying "install this patch immediately."

      That won't work. To get the staff to actually install a patch you have to include the patch as an attachment in an e-mail that says something like "I love you and sending your this four your concidration."

      Give a man a fish and he eats for one day. Teach him how to fish, and though he'll eat for a lifetime, he'll call you a miser for not giving him your fish.

      --
      Terrorists can't threaten a country's freedom and democracy. Only lawmakers and voters can do that.
  74. Uproar is not over the current mechanics... by Karl+Cocknozzle · · Score: 5, Insightful
    ...But over the wording of a license agreement that allows MS to do anything they want to your computer.
    Is this such a bad thing? OK so you have to trust Microsoft here but how else can Windowsupdate work?

    Windowsupdate scans your computer for required updates and, depending on your settings, it downloads the appropriate updates and presents a notification on the taskbar that they need to be installed. One click and the updates are installed.

    There's no justification for needing legal authority to install anything, as the system functions today. To "need" this level of authority, Microsoft would have to argue that THEY, not you, are in fact installing the software in question. In my opinion, (not a lawyer) that's crazy.

    In order for the software to be installed, you (a person of sound mind and body) have to take the active step of saying "Yes." You're doing it. It's one-click installation, but you made the choice.

    Unless future versions of Windows Update will automatically install things? I don't know whether to laugh or cry.

    Got Code Red Part 44 after the Code Red Part 43 patch auto-installed? "Sorry, you agreed we could install anything we want, including buggy, poorly-tested code."

    After all, Microsoft would never release a patch that opened up new holes in the feature it was supposed to fix. (Or in other random products.) Anyone claiming contrary will be burned as a witch.
    --
    Who did what now?
    1. Re:Uproar is not over the current mechanics... by Anonymous Coward · · Score: 0

      There's no justification for needing legal authority to install anything, as the system functions today. To "need" this level of authority, Microsoft would have to argue that THEY, not you, are in fact installing the software in question. In my opinion, (not a lawyer) that's crazy.

      As one equally non-lawyerly, it seems reasonable that, if they now have legal authority to update your syetem, without further consent, at a time of their choosing, there should be some corresponding legal responsibility if they screw your business over by installing an "update" which renders your system inoperable for your intended use.

  75. Slashdot logic by Reziac · · Score: 2

    And what would you be saying if every linux distro had a license agreement which stated "At any time we can root your box and replace any packages we want" ??

    This isn't about "having it both ways", it's about whether or not YOU own your box and whether or not YOU control what is done with it. Let's not drag other issues into it.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
    1. Re:Slashdot logic by Cow4263 · · Score: 1

      I could see the logic in having a distro \ service that keeps track of all the latest bugs and holes and automagically updates them for you. Not everybody has time, the knowledge, or interest to read bugtraq and all the other sources, and stay on top of all the new releases.

      Of course, particapation should be voluntary not mandatory, which is what MS major problem. If MS would just add all these 'hidden services' as dialog options during the initial setup procedure then they could have avoided problems like this. But then again, this is /. and not front page \ 11 o' clock news so it really isn't that major of a PR problem.

      That way would be much better then waiting for the next vendor release (which may be 3 months off, and ship with another unsecure service), which is what I presume most people do anyway.

    2. Re:Slashdot logic by Anonymous Coward · · Score: 0

      Wow, are you ignorant.

      When you first install XP, a dialog box is presented which allows you to set the default behavior for Windows update:
      Option 1: Automatically download and install updates.
      Option 2: Automatically download updates and notify user that updates need to be installed, but don't automatically install them.
      Option 3: Notify user that updates need to be installed, but don't automatically download or install them.
      Option 4: Do nothing.

      And, the user can change these settings at any time. Next time, learn before spouting off at the mouth.

    3. Re:Slashdot logic by Tony-A · · Score: 2

      if a linux distro had a license agreement which stated "At any time we can root your box and replace any packages we want"
      I would expect to be paying several thousand a year minimum for the privilege. And have copies of the exact same software on several other boxes for which I pay nothing and they do not have access.

  76. Of Contracts and Lawyers by nickynicky9doors · · Score: 1

    The task of any lawyer or group of lawyers is to zealously protect the rights of their client. (I'm not a lawyer, but studied more contract law in Com/Econ than I wanted too and perused and signed a ton 'o contracts in the real world). The task of every lawyer is to write a bullet proof contract to enforce his/her client's rights. A bad lawyer will tell you they've given you a bullet proof contract. A good lawyer will tell you there's no such thing as a bullet proof contract. If you need the product use it. If you feel your rights have been abrogated sue... it's the American way (Canajen too).

    I personally hate the idea of XP and thin client architecture and loosing control of my apps et al, but each to their own.

    --

    heuristic algorithm seeks stochastic relationship
    1. Re:Of Contracts and Lawyers by nagora · · Score: 3, Funny
      The task of any lawyer or group of lawyers is to zealously protect the rights of their client

      No, a lawyer's primary task is to make money for their firm. Just as a prostitute's primary task is to make money for her pimp. In both cases it is often, though not always, a good tactic to make the client happy, but that's just a by-product. Also, in both cases law and morality are non-factors.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    2. Re:Of Contracts and Lawyers by DavidTC · · Score: 1

      Hey, don't go around comparing lawyers to prostitutes. Prostitutes only screw you if you ask for it.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  77. Natural habitat of lawyers by JohnBE · · Score: 1

    WTF do you expect from lawyers? Their job is to give the best possible advantage to their clients. It's down to the consumer to keep companies legal departments in check and because consumers of Microsoft products have been walked all over for such a long time the legal department will do anything that they can get away with. Hopefully the backlash will, like the effect on other companies, moderate their behaviour.

    --
    e4 e5
  78. FUD and idioticy by SilentChris · · Score: 4, Insightful
    I can't believe this drivel even made it onto Slashdot. This paragraph (and the paragraphs around it, which the article is clearly not referencing for shock value) talk about a feature that has to be *turned on* to be used. In fact, the OS asks you early on if you even want to enable Automatic Updating, and IT administrators (like myself) can easily turn it off on a whole host of machines simply by using Group Policy: remove the option to automatically update.

    This is a tech "shock" article, designed to get zealots in an uproar, and it should not even be bothered to be read.

    1. Re:FUD and idioticy by BoBG · · Score: 1

      Stop....you're both right. The way that the XP Auto-Update function presently works doesn't seem to be as horrible as the headline makes it out to be. True. Equally true is that the EULA doesn't say "...MS can do these things if you click the 'Please install software on my computer without asking button.'..." It says they can install software on your computer without asking, period.

      The moral of the story is, MS in all of their magnanimity has decided not to install software on your computer without asking at this time, but can still change their minds and you have to let them if you want to use their software.

      Use Free Software, or let MS install software on your computer without asking you. Take your pick.

    2. Re:FUD and idioticy by SilentChris · · Score: 2
      Am I missing something? Or perhaps you are?

      I set up all of my users to download the Group Policy setting "Don't automatically download" from my 2000 server. This, alone, should prevent them from upgrading patches I don't want them to.

      I then check the traffic on the firewall to see if any are trying to go out on the Windows Update port. So how is Windows going to suddenly "magically" change its settings to automatically download the software? Going to some rogue IP that I know nothing about? This is foolish X-file stuff!

      There *are* alternatives to automatic downloads, but you don't have to go to free software, or necessarily and other OS, to have them. All you have to do is make sure your users (and yourself) don't make negative decisions, than enforce it by checking your network traffic. So far, from several months of traffic, I have seen NOTHING on the port (and no calls to Microsoft sites on the DNS outside of www.microsoft.com and www.msn.com).

    3. Re:FUD and idioticy by curveclimber · · Score: 1

      That's great. But what happens when your workplace decides to upgrade to Windows XP 2003 and there's no longer an option to disable automatic updates?

    4. Re:FUD and idioticy by SilentChris · · Score: 2

      If there was ever an OS that refused to allow me to control network traffic, yes, we would switch to something else. No one's done that yet, and quite frankly I don't think any software maker would (corporations like to keep close tabs on their workstation's configurations - lose that and we'll stop buying).

    5. Re:FUD and idioticy by Shelled · · Score: 1

      To state the obvious, the uproar is over the legalese, not the tech. If you agree to the update you relinquish substantial control of your computer to Microsoft. And of course, you're in a high enough position of authority to guarantee the rest of us that it will always remain an option, right?

    6. Re:FUD and idioticy by SilentChris · · Score: 2

      In the tech world (as in all capitalism-based industries) there is a very basic solution if a piece of software no longer manages your "criteria" for acceptable. If an OS decided to upgrade itself, and *didn't* give me the option to turn it off (which, as I stated before, XP does), I wouldn't buy it. Simple solution to a simple problem.

    7. Re:FUD and idioticy by Anonymous Coward · · Score: 0
      Automatic Updating, and IT administrators (like myself) can easily turn it off on a whole host of machines simply by using Group Policy: remove the option to automatically update.
      Yes, you should disable Automatic Updating, and then let your ENTIRE LAN Nimda themselves and every external machine on their subnet to death. Improperly configured or patched Microsoft machines hurt more than just themselves.

      You are a typical, lazy, sysadmin. Get a clue. This OS is dangerous, purchased/developed by a company who does NOT seek to solve your problems and who does NOT work in your best interests.

      Stop deluding yourself.

    8. Re:FUD and idioticy by dhogaza · · Score: 3, Insightful

      The point you're missing is that while it is optional now, the wording in the license makes it possible for MS to make it non-optional in the future.

      And you are already bound by that agreement to let them do so if they decide to do so (if you're buying in bulk under that license).

      The article is about the *license*, not about existing versions of the operating system.

      Will they ever take advantage of this change in license? No one knows, least of all you.

    9. Re:FUD and idioticy by Alsee · · Score: 2

      Will they ever take advantage of this change in license? No one knows

      Hmmm. You're right. I don't know.
      We should look for an informed oppinion on this issue. It's all legal gobbly-gook, so we need to ask someone familiar with the law. Not just any lawyer though. We need to ask someone in a position of power and authority. We need to ask the government! Hmmm, what branch of the government handles lawyer stuff? Oh yeah! The DOJ! We should ask the DOJ if they think Microsoft will abuse this!

      Yes! that's it!
      I can tell you, it would be a real load off my mind if the DOJ told me that in their oppinion Microsoft wouldn't abuse this EULA clause, and that they didn't think Microsoft would abuse their monopoly position!

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    10. Re:FUD and idioticy by Anonymous Coward · · Score: 0

      > designed to get zealots in an uproar

      And judging by the amount of posts you have made:

      Greatings Mr Zealot.

    11. Re:FUD and idioticy by Anonymous Coward · · Score: 0

      Yeah, and Bill Gates is going to personally ship jews to auschwitz.

      Good grief.

  79. Because ... by AftanGustur · · Score: 2

    And then Slashdot complains that MS is taking too much control.

    Freedom is about choises, freedom is about having options and beeing able to choose (even if you don't do it).

    Having so-called "upgrades" and "patches" showed down your throat, is not freedom.

    That's why the /. crowd is complaining !!

    --
    echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
    1. Re:Because ... by rseuhs · · Score: 2
      Having so-called "upgrades" and "patches" showed down your throat, is not freedom.

      That's why the /. crowd is complaining !!

      Exactly.

      And we all know that freedom is unamerican and communist. (Thanks go to Microsoft for pointing that out).

  80. God damnit. by Anonymous Coward · · Score: 0

    Wipe the anti-MS sentiment from your blind eyes, will you? Oh no. A license agreement that gives them permission to update the components of their OS automatically, without having to bother the user with visiting a site -- and at the same time saving companies millions in administrative fees, as well as (hopefully) saving them from being taken down by the next big worm/virus to hit the stage. That's SO EVIL!

    1. Re:God damnit. by kz45 · · Score: 1

      and at the same time saving companies millions in administrative fees

      and many slashdotters could very well be out of a sys-admin job......Thats the EVIL part...

  81. Microsoft should learn from Borland by djmurdoch · · Score: 1

    Microsoft is taking a lot of well-deserved flack because they're trying to defend indefensible terms in their EULA. They should learn from Borland:

    When Borland had an unacceptable EULA in Kylix, they quickly backed down and posted a promise to change the EULA.

    Then they didn't bother to do anything, and the problem was forgotten.

    1. Re:Microsoft should learn from Borland by base3 · · Score: 1
      Then they didn't bother to do anything, and the problem was forgotten.

      Along with Borland, because its glory days are long past.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  82. unboggle your mind by markj02 · · Score: 2
    The issue is not with Microsoft making available technology and web services that lets people upgrade their machines. The issue is not even with Microsoft turning this on by default. The issue is that Microsoft claims a legal right to do this unconditionally, whether you want it or not, whether you have disabled it or not. And they don't just claim that right for security-related updates but also for verifying license compliance.

    Besides, one might well ask why Microsoft is shipping software with gaping security holes in the first place. In 2002, there is no excuse for any company or group to ship software with buffer overrun-related security problems (yes, this also means open source software).

  83. Re:Pretty reasonable by smcv · · Score: 2, Interesting
    And it all ends up in MS' marketing strategy - "if you sell ALL of your computers with Windows, we'll give you a BIG rebate!"

    I thought it was even worse than that - more along the lines of "if you sell any computer with some OS that's not Windows, we won't sell you Windows at all"?

    If it was some other company doing this (something the size of Adobe, say, for the sake of argument), that would be bad, but at least people would have the opportunity to "vote with their wallets" and go elsewhere for their software. Since Microsoft basically has a monopoly on desktop OSs, office software and miscellaneous other things, there isn't really that opportunity (I help my more hackerish friends install Linux, but much as I hate to say it, I don't think pushing non-hackerish people into leaving Windows is necessarily justified yet).

    Personally I'm OK at the moment with Linux for most stuff and Win98 first edition for games, but I'm not sure what I'll do when stuff stops supporting Win9x (I don't mean Microsoft "support", I mean apps/games which will only run on an NT-based Windows, so I've probably got a few years yet). I'd better hope WINE are still making progress, I suppose.

  84. Good and Bad by JWSmythe · · Score: 2, Informative

    Well, this could be a very good, or bad thing..

    From the good point of view, they're taking responsibility to fix things. The end user with 1 XP machine that coudn't even figure out how to spell "windowsupdate.microsoft.com" is saved from potential problems. Never more will we have to ask/tell the customer, "Go update your software."

    Now think about the admin with 400 XP servers on his network. Once a week, he doesn't have to install patches on each and every one. I've had fun before watching a team of 3 guys updating software on 150 NT4 servers. I didn't even ask what the problem was, but I know that we completely reinstalled and reconfigured 16 Linux machines (fresh OS installs, replaced some hardware, set up the sites, and had them running again) before they were anywhere close to done.

    The XP admin will love this, assuming they do implement it. The EULA is just saying right now that they have permission to do it.

    There is a downside. NT4 SP6 (not SP6a). Anyone remember that one? I believe it was the one that when you installed and rebooted on a Compaq built server, it would fail to boot. The only fix (from Microsoft) was to reinstall Windows.. How many companies use those nice expensive Compaq servers, which would be automatically killed off.

    I have a computer at my home, with an i810 chipset, and an Intel Pro10/100 NIC. Windowsupdate insists that there is an update for it. I installed it (point, click, let it run). When it came back up, no more network. The new network driver doesn't recognize my network card. But, Windows automatically identified it as the new and updated driver..

    The scenerio of the XP admin with 400 machines under his control. Now he has to go to each and every one, and try to fix the network driver. How long would you think it would take to fix 400 machines? How long if the update happened to come on Friday at 5:30pm, 30 minutes after he left for a weekend vacation.

    We have a policy at my office, no changes on Friday. Maintaince stuff is fine, but no changes that will potentially make people work over the weekend. If Microsoft is calling the shots on updates, it's on their timetable. Maybe the day they call to update my network driver is the same day that all the Admins from my office are at a conference, meeting, or something..

    We all know stuff never happens at the right time, but we don't really need an extra variable of random events.

    I'm all for the updates. Maybe if they have it the way the WindowsUpdate notification works now, it would be very good. it says "There's an update available", they click the button, and it does them.. I'll be interested to see how they implement it, if they do..

    Of course, we don't run XP for damned good reasons (We're a 90% Unix shop). NT survives for our legacy sites. I'll watch the comments fly when M$ kills off a few hundred thousand users with a flawed update. :)

    --
    Serious? Seriousness is well above my pay grade.
    1. Re:Good and Bad by Todd+Knarr · · Score: 2

      Now think about the admin with 400 XP servers on his network. Once a week, he doesn't have to install patches on each and every one.

      I'll think about the home user. You know, the one who, unlike the corporate admin, doesn't have clue 1 about backing out a bad patch. You outlined the problems corporate admins have had with bad Windows updates. What's a clueless home user going to do when things start breaking and he really didn't do anything to the system?

    2. Re:Good and Bad by JWSmythe · · Score: 1


      You're exactly right. In my Win98 scenerio that Windowsupdate installed a newer network driver that didn't work, most end users would wonder why their cablemodem didn't work any more.. Now there's all the "What if's" What if it was something more dramatic than the network driver (IDE driver? Video driver?)..

      Praise Microsoft.. hehe

      --
      Serious? Seriousness is well above my pay grade.
    3. Re:Good and Bad by Anonymous Coward · · Score: 0

      > I'll think about the home user. You know, the one who, unlike the corporate admin, doesn't have clue 1 about backing out a bad patch. You outlined the problems corporate admins have had with bad Windows updates. What's a clueless home user going to do when things start breaking and he really didn't do anything to the system?

      He calls his OEM tech support, describes what he's seeing, and they prescribe the usual solution for such problems:

      "Please reinstall Windows."

      One size fits all.

    4. Re:Good and Bad by Todd+Knarr · · Score: 2

      Yup. And guess what gets reinstalled as soon as he hooks up his network connection. And around and around we go...

  85. Where's the friggin' EULA? by taliver · · Score: 2

    I've been hunting for the past hour on microsoft's site and on google looking for the XP EULA, and I can't find it. I'm awaiting delivery of a laptop with XP on it, and I want to see if I need to delete everything or not when it shows up.

    Where the hell did microsoft hide the EULA?

    --

    I demand a million helicopters and a DOLLAR!

    1. Re:Where's the friggin' EULA? by Utopia · · Score: 1

      It's in your windows system folder or you yould look it over here

    2. Re:Where's the friggin' EULA? by taliver · · Score: 1

      Thanks (I'm not running Windows currently.)

      --

      I demand a million helicopters and a DOLLAR!

  86. Re:Maybe the users want it: Yeah, Right by technomancerX · · Score: 2
    I'm sure the users want a system that by default only gives them 85% of the bandwidth because it reserves the rest for talking to Microsoft's servers (this is an XP out of the box default).

    On another note they've used auto-update of the OS through MSN for a while and a few of the people I know stopped using MSN because of compatability problems caused by the updates... updates that they couldn't turn off... One person actually had to reinstall her machine because one of the updates completely hosed her system... updating core OS dlls without checking with the user is a BAD idea...

    Then again I'm sure the argument from Microsoft will be if you're only using our apps compatibility isn't a problem =)

    In general having a system that tells you an update is available and provides an automatic method for installing it is good... but it should also provide a way to find more information if you're a technical user and let you know of any potential problems and let you decide what to do...

    --
    .technomancer
  87. Why so many complaints? by Anonymous Coward · · Score: 0

    Amazing. MS sells a product and stipulates how they will sell it to you. Many of you are complaining that MS is taking rights from you. Others are complaining that the slashdot crowd complains about MS.

    1) If you don't like MS's product, don't buy it. You do not own, MS does. They created it and basically lease it to you. They have told you the condition in which it can be used. MS has been monitoring all the MS systems that connect to MSN for ages. This is simply an extension and legal writing of what they do anyways.

    2) For the others that say this is the slashdot crowd, then go away. Slashdot use to be interesting years ago. Now, it is hounded by what appears to be MS Astroturfers. Are the compaints because it is MS? Yeah, some are. But many are not. They are well thought responses to a company who was found to be a monopolist and always wants to operate illegal.

  88. Re:Once again, Slashdotters want to have it both w by linzeal · · Score: 1

    Well I did not pirate my copy of XP but I downloaded a crack that prevented it from being "activated". Same thing with office xp that my gf's parents bought her because she likes to use it at home (she is an editor). I know I'm violating the EULA but I also refuse to give any information to microsoft.

  89. Re:Once again, Slashdotters want to have it both w by Anonymous Coward · · Score: 0

    you are forgetting all about the potential for abuse here. MS is overstepping the bounds of doing the stupid user a favor. they are now imposing themselves and grossly abusing thier once noble idea.

  90. They can download, but they can't execute. by Tetravus · · Score: 2, Insightful

    Throughout the rest of the licensing agreement Microsoft is careful to differentiate between simply having information on a computer and actually executing that code.

    This agreement doesn't say that MS can execute the new code that they force onto your workstation. So, if they did automatically execute it, they'd be stealing computing resources from your company.

    hehe
    ~Tetravus

  91. Re:If you don't like it, then don't use it. by Anonymous Coward · · Score: 0

    You seem to have forgotten a little thing... M$ IS a monopoly!
    Let me say this:
    I *HATE* M$ products; I hate them but I'M USING THEM! Why? Because I'm OBLIGED to of course!
    For example, I *HAVE* to use Internet Explorer not because it's technically the best, but it's the most SUPPORTED... Opera is incredibly fast and great, but sometimes, you can click on a link as many time you want, nothing happen because there's a IE-only functionnality behind it... Konqueror is the most powerfull browser I ever used, but I never could make the flash plugin work on it... Netscape and Mozilla are heavy like hell, and beginning to be outdated (IMHO) and all have the same problems as Opera after all...
    Yes, there still are *LOTS & LOTS* of IE-only sites!
    Or, have you ever managed to count the percentage of .avi-only movies present on the net, against the other formats like .mpg-that-everybody-can-read?
    Or when I send .pdf a document to someone, being sure that everybody can read the .pdf files, he respond me: "Excuse me, my pdf reader doesn't work at the moment, can you send me THE m$-word version of it?" (he seemed like he assumed that I used word to write it)...
    Yes, but you can use this or that to export a word document! Ah yes... but these simply-don't-work!!! I mean correctly; when an image fall down to the 10th page instead of the 3rd one, that DOESN'T satisfy me; when I cannot read an ms-only-vecor-image, that DOESN'T satisfy me.
    Do you assume that the MS-WORD-FILES-WRITTEN-AND-READ-BY-THE-LATEST-MSWOR D-VERSION is the only valuable standart? I don't, and yes, I will fight against it!

    YES, m$ IS a monopoly, and all of that sucks me to the HIGHEST POINT!
    And YES, I will continue to cry and complain about M$ as long as they won't release CORRECT products in a CORRECT way. By correct, I mean technically AND legally (not totally-capitalism-only legally, but humanly legal too... You don't understand my, but I do 8-) correct.

    And no, I won't give m$ the right to freely (liberty 8-) enter my computer... as long as I'm not obliged to, but I'm nearly sure this will happen one day 8-P

    PS: Excuse my english, and after all life goes on and I have too feed my cats 8-)

  92. keep reading the EULA... it gets 'better' by Anonymous Coward · · Score: 1, Interesting

    Notice the sections that refer to no right of quiet use and quiet possession. This is also used in property law to allow your landlord/property manager to have access to your rental space (residential or business) ostensibly for maintenance issues and also to control what you can and cannot do on those same premises.

    It's also in the EULA for Windows 2000 - it's not new.

    here:

    " 10. Disclaimer of warranties. The limited warranty that appears above is
    the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging.
    Except for the limited warranty AND and to the maximum extent provided by applicable law, Microsoft and its suppliers provide the software and support services (if any) as is and with all faults, and hereby disclaim all other
    warranties and conditions, either express, implied or statutory, including,
    but not limited to, any (if any) implied warranties, duties or conditions of
    merchantability, of fitness for a particular purpose, of accuracy or completeness, or responses, of results, of workmanlike effort, of lack of viruses and lack of negligence, all with regard to the software, and the provision of or failure to provide support services. also, THERE IS NO
    WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
    CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE
    SOFTWARE."

    While IANAL, I'd be interested to read other's opinions of this stuff.

    1. Re:keep reading the EULA... it gets 'better' by Anonymous Coward · · Score: 0

      Nice try. But software is not a "space". Not is it physical property that is going to be rented to anyone in the future. This is the only reason courts have allowed this sort of terminology with regards to physical goods. A user can "damage" their software, but it affects *only* that user. This is in no way comparable to software sales. It is comparable to a music company claiming they have the right to enter your house and check your CD's.

      Scythe

  93. Microsoft's EULA is irrelevant by defile · · Score: 2

    End User License Agreements, also known as "shrink-wrap licenses" or "click-through licenses" are not legally binding.

    Here's a page that explains further, including citations of court cases where the judge found that they weren't legally binding.

    Microsoft updating their EULA means about as much as Steve Ballmer having MSN carry his latest round of whinings and what they wish the world really was.

    1. Re:Microsoft's EULA is irrelevant by Anonymous Coward · · Score: 0

      > End User License Agreements, also known as "shrink-wrap licenses" or "click-through licenses" are not legally binding.

      And you can spend a lot of money in court defending that argument. Even if you win, you lose. They have more money.

  94. downloaded eh by owenc · · Score: 1

    "that will be automatically downloaded to your Workstation Computer."

    why is it that no one seems to use the word "upload" anymore?

    1. Re:downloaded eh by kylegordon · · Score: 1

      Because you upload to a server and download to a client.

    2. Re:downloaded eh by Anonymous Coward · · Score: 0

      oh so they are both clients??

    3. Re:downloaded eh by kylegordon · · Score: 1

      Since when has a big machine at the end of a network connection, which thousands of people access via the network, but never physically, been called a client? The definition between a server and a client is a clear one.

    4. Re:downloaded eh by Anonymous Coward · · Score: 0

      I don't buy it. What do you think the "server" is doing when it's sending an update to the other computer? DOWNLOADING!? I sure as hell think NOT!

    5. Re:downloaded eh by codehoser · · Score: 1

      It has nothing to do with client/server. Both clients and servers can accept connections, and can make connections, and data can travel both ways. Typically, if you're talking about retrieving data, you'd say you're downloading it, and if you're talking about sending data you'd say you're uploading it. So you shouldn't normally say something is being download to a computer. You should say it's being uploaded to a computer. Or downloaded from a computer. Of course it's just as good to say it's being downloaded from computer A to computer B, but you should get the point.

    6. Re:downloaded eh by Anonymous Coward · · Score: 0

      whatever. what's important is that he thinks that it's download/upload, and doesn't care what you think. what's it to you anyway? it's nothing. WHO CARES what you call it, it's still Microsoft telling YOU what to put on your system, and that bugs the HELL out of me okay? god, you stupid snob, just GET oFF IT

    7. Re:downloaded eh by kylegordon · · Score: 1

      ach fsck it. Who cares what it is. I don't care what you think, but I do care what he thinks - he has the balls to post under a proper account. In the end, I'm uploading data to my servers, and downloading data from them. It semantics/pedantics though.

    8. Re:downloaded eh by Tony-A · · Score: 2

      It's a matter of who is in control.
      Up.
      Down.
      Master.
      Slave.
      Up is the controlling entity.
      Down is the controlled entity.

      "that will be automatically downloaded to your Workstation Computer."
      Not only are you outranked, but you have no say in the matter.

    9. Re:downloaded eh by Tony-A · · Score: 2

      An X-client! Actually many X-clients.
      It's sure not an X-server.

    10. Re:downloaded eh by Anonymous Coward · · Score: 0

      sure. you can think that, but an X client use useless in todays world of personal computing. now people use windows 2000 software to keep their contacts and schedules, not stupid 1970's X clients. Who cares? I dont'.

  95. Simple solution to a growing complexity by 3seas · · Score: 1


    Don't USE Windows or Microsoft products.

    I realize that Slashdot is being composed of more and more pro MS supporters.

    Proof is in the lack of alternatives being presented in theory or real life.

    Why is there a need to upgrade???

    Fixing bugs is one thing and even that should be presented with user knowledge
    but changing software to handle new features is a bit leading consumers wearing blindfolds.

    Next thing you know, or don't, is that your living in a pod energizing the Bill matrix.
    Extracted from you bank account once or more a month.

    So stop using the crap and help to build something better.

    Or is that to difficult?

    1. Re:Simple solution to a growing complexity by scrytch · · Score: 2

      > I realize that Slashdot is being composed of more and more pro MS supporters.

      No, just more and more people have grown sick and tired of reading juvenile MS-bashing rants on slashdot in lieu of actual news, and perhaps even resent the fact that in this economy, these people still get paid for this slipshod level of journalism.

      --
      I've finally had it: until slashdot gets article moderation, I am not coming back.
  96. Re:Maybe IT wants it by shokk · · Score: 2, Interesting

    I can see this being extremely useful in IT, but only if you can point it at a local server where you select what patches are OK. IT tends to want to deploy service packs are they are verified to work with certain known software packages. For a home user, I would want to verify this myself, so I would hope that they would make this optional. Otherwise, I will not be buying Windows XP.

    --
    "Beware of he who would deny you access to information, for in his heart, he dreams himself your master."
  97. no by kz45 · · Score: 1

    changed its EULA and you just gave them control of your computer. In the section on Windows XP Professional, 'Internet-Based Services Components' paragraph says in part, 'You acknowledge and agree that Microsoft may automatically check the version of the Product and/or its components that you are utilizing and may provide upgrades or fixes to the Product that will be automatically downloaded to your Workstation Computer.'"

    They are saving their own asses, so people won't try to sue them for illegally accessing their computer. I think we should be a little less paranoid, and a more supportive. Microsoft is now providing Auto-Updates for their software. Isn't this what people wanted? (Systems can now be atched quite quickly).

    1. Re:no by Tony-A · · Score: 2

      (Systems can now be atched quite quickly).
      Precisely!

  98. Additional Threat: Service Packs by no_such_user · · Score: 2

    Something else to consider -- Service Packs.

    Let's say MS updates their DRM policies and you don't agree with them, and they distribute an "update" to their customers. You disabled auto-updating, and you decide against applying this patch. Now WMP can't play some recently released media, but no biggie, you can find other ways of playing media.

    Now let's say a massive bug/hole is discovered and Microsoft is responsive and develops a fix. What's to say they won't release this patch ONLY as a Service Pack, which contains this patch and also includes the DRM patch (and who knows what else!)?

  99. Re:Pretty reasonable by egreB · · Score: 1

    I thought it was even worse than that - more along the lines of "if you sell any computer with some OS that's not Windows, we won't sell you Windows at all"?
    Possibly - I know little about the internals of MS Marketing Strategy..

    (I help my more hackerish friends install Linux, but much as I hate to say it, I don't think pushing non-hackerish people into leaving Windows is necessarily justified yet).
    You're touching a touchy issue there.. I help hackerish people install linux myself, and I'm doing Linux-propaganda to everybody who is somewhat above the average Joe User. But as you say, I have trouble recommending Linux to Joe User. But not for te same reasons as you - I really beleive that Linux is ready for the average desktop (just look at the latest Mandrake or Redhat - even my grandma could have installed and used one of those). But I fear for the average people around, using Windows. "What's that? How does it work? Hey - it doesn't work (the way Windows does)!" The average user doesn't know what an OS is, and how should it then know the difference between different file systems, file formats and way of doing things? In other words, a plain Unix/Linux-world had been perfect. But as long as Windows has the monopoly, the average user won't be able to cooperate.

    But in an organization, such as a school, I think Linux is perfect, given the right system administrators.

    (This post is probarbly unclear and not very well componated - sorry for that)..

  100. Re:Listen up slasholes.... by Anonymous Coward · · Score: 0

    Because Linus doesn't do it, so it must be wrong.

  101. Forget security,what about stability/traceability? by Burnon · · Score: 1

    Forget the question of security and rights for a second - those are bad enough, and I'm not going to add anything new there.

    What about stability of the platform? At any point in time, your software platform can change underfoot. Word starts crashing in new ways that you can't control by choosing to NOT install the new service pack.

    Or worse, as a developer, you're in the middle of developing some application, and a bug that you were seeing due to some Windows problem goes away because Microsoft patched it. Great - except for the subset of your users who want to run unconnected to the net, and without that update. You can probably work around that - but do you want to have to?

    Even worse, what happens when the update flat out breaks something? It's happened before - what can you? Reinstall and disconnect yourself from the net? Rely on quick service? Nope - start coding up that workaround...

    Finaly - what about traceability? The legalese left me with the impression that not only would updates be installed automatically, but that Microsoft wasn't under any obligation to inform the user of it one way or the other. If Microsoft makes an update that I don't know about, and the box begins behaving differently, I know for sure that I want a guarantee that I can figure out what happened to it, and when.

  102. They have been trained, but there is hope. by Erris · · Score: 3, Interesting
    They don't get it yet, and those that do are embarassed.

    Everyone sees those service packs and weekly "anti-virus" updates. A few of them know that M$ is changing everything under their feet all the time. Some of them have even figured out that M$ is not the only program they have that calls home. They have been beat down with FUD and convinced that they need that "automatic" hand in there fixing things. To them this is the same feeling they get when they pay for a $100 oil change. They feel ripped off, but don't see a way out.

    The people who know the most are the most embarrased. Here it is, laid bare, all those evil things the free software people have been telling them for years. The MicroTurds have led their companies down the rosy path all this time, ignoring poor perfomance and increasingly ugly control from M$. The waste of ever shifting formats was a demoralization they were willing to live with because they thought it would end one day. Now they look around and see the chains. The latest changes in document formats came as a huge shock to them because they know of no other applications than M$ for Windoze. So it is now obvious that the changes will never end and that they are being used as the upgrade train. Last thursday a co-worker told me that M$ was shifting all of their licensing to XP and rental only by next June. He was really shocked. IT is demoralized completely, especially the die hard M$ pushers. "What can we do?" they wonder.

    People I work with are now interested in Linux and other free software. These are rank and file engineers who, as one of them put it, "use software like toilet paper, I use what's on the roll." I'm amazed. What I've told a few people about the concepts of free software, its motives licenses and current state, sunk in.

    I have three old computers that I'm lending to people so they can see for themselves. I've warned them that I'm NOT a CS or IT dude, and that the machines could be better configured by someone that knew better or cared for things like noise, TV and movies. What I lend them are basic Debian machines with Gnome applications, Netscape, Mozilla, a few window managers and some kind of network connection. This way they don't feel like Free software robbed them of anything (I leave that to dying M$ junk), and I don't have to spend hours at their house figuring out their computer. In short, I try to give them the tools they use for 95% of their work and let them know that there are better tools available for people who really need them, like Latex for typesetters, databases and noise makers.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
    1. Re:They have been trained, but there is hope. by Anonymous Coward · · Score: 0

      These are rank and file engineers who, as one of them put it, "use software like toilet paper, I use what's on the roll."
      To them this is the same feeling they get when they pay for a $100 oil change. They feel ripped off, but don't see a way out.

      Those are very good similes! thanks

  103. A good analogy. by smcv · · Score: 1

    Most of the issue isn't even what Microsoft will do - it's what they could do. To continue the parent post's analogy, the makers of the distro would assure you that they'd only use their root access to install patches, but you'd still object because their license would still allow them to, say, read your personal documents or install a back-door in GnuPG (or if it was specific about only installing patches, they'd still have the technological, if not legal, means to read/alter your documents).

    Rather like the DMCA, really - the copyright conglomerates assure you they'll only enforce it when it's appropriate, but...

    #include <rants/common/dcma.h>

    1. Re:A good analogy. by Kierthos · · Score: 1

      Exactly, it's what they could do. I daresay, at least among the Slashdot crowd, that M$ does not have anything resembling a good reputation (deservedly so from many other problems), and as a result, we tend to fear and expect the worst whenever we see something new coming from the depths of Hell(tm), excuse me, Redmond, Washington.

      M$ has lost a lot of trust and goodwill with a decent percentage of computer geeks, and as such, we don't feel like trusting them whenever they do _anything_. It's simple behavior patterns. They do something we perceive as stupid/wrong/silly, we react. They do something else just as stupid/wrong/silly or worse, we react again. After enough cases, it wouldn't matter if M$ said they were giving away millions of dollars to charity organizations, we would probably see an ulterior motive.

      Kierthos

      --
      Mr. Hu is not a ninja.
    2. Re:A good analogy. by blibbleblobble · · Score: 1

      Exactly. So you give them a username with access to "/etc/staroffice" and "/boot" ONLY (or whatever, I'm new to linux ;)

      That's the difference between a secure o/s and an insecure one. You can run autoupdate, and give it a username with read/write access to the directories it needs, and not to your documents, or to other programs.

  104. Trust? by 90XDoubleSide · · Score: 3, Insightful

    We can debate all day about whether the ability to get John Q. Public's computer security patched so it stops DDoSing your web server outweighs the value of having full control over your machine, but honestly, if you don't trust a company enough to have confidence in simple software updates, should you really be running their stuff in the first place?

    --
    "Reality is just a convenient measure of complexity" -Alvy Ray Smith
    1. Re:Trust? by Teun · · Score: 2
      Well, however distrustfull I am of downloadable software, I do (OK, did) trust Microsoft's security fixes.

      The problem here is they now publicly state such a download might be more than a simple fix of a deficiency and even take away previous functionality.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
  105. OT religion (was Re:Correction) by Anonymous Coward · · Score: 1, Insightful

    >>Enough with the blanket statements. Just because Christians are fighting in N. Ireland, doesn't mean that's what Christianity is about.

    Enought with the blanket statements. Just because Muslims are fighting in Afghanistan, doesn't mean that's what Islam is about.

    (yeah, yeah, I'm an atheist)

    1. Re:OT religion (was Re:Correction) by Anonymous Coward · · Score: 0

      Whoa! Don't mischaracterize my opinion, especially when I made no mention of Islam. I happen to agree with you. And I'm a Catholic. Religion in general gets a bad name from the various fanatics and extremists out there of all faiths.

    2. Re:OT religion (was Re:Correction) by Anonymous Coward · · Score: 0

      catholics are extreme fanatics

    3. Re:OT religion (was Re:Correction) by Anonymous Coward · · Score: 0

      Again with the blanket statments. How do you figure?

    4. Re:OT religion (was Re:Correction) by Anonymous Coward · · Score: 0

      Don't be offended, he's just trolling.

  106. Download != install by Cyclone66 · · Score: 1

    Download does not mean install. It automatically downloads critical updates and asks you if you want to install.

    1. Re:Download != install by praedor · · Score: 1, Troll

      And inspite of this, M$ spied on you and acquired your software list, checked to make sure you weren't violating "licenses". They own your computer (so they think).

      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
  107. Re:Maybe the users want it: Yeah, Right by Radrik · · Score: 2, Insightful

    "I'm sure the users want a system that by default only gives them 85% of the bandwidth because it reserves the rest for talking to Microsoft's servers (this is an XP out of the box default)."

    This was a lie propagated by people who are too lazy to hit F1 and find out more information about the checkbox that they were un-checking. But, I guess once we've found something to badger MS about, it doesn't really matter whether it's true or not. After all, this is SlashDot, not some sort of forum for open thought.

    -Mark

  108. Re:Once again, Slashdotters want to have it both w by kz45 · · Score: 1

    Perhaps you are missing the actual problem ? I dislike MS products not because they are so hard to patch, but because I _have to patch_ all the time.

    Security holes are not supposed to exist at all. Making a licence that allows MS to upgrade their own buggy products without telling customers is.. better than not, but not good.

    They should create bugfree software from the beginning instead :-)


    What Operating are YOU using? I would LOVE to see an operating system that DOESN'T have to be patched all the time. EVERY operating system I have ever used, has to be patched once in awhile.

    I think if microsoft never released any patches, you would probably be making a similar argument.

  109. Good. by base3 · · Score: 1, Insightful
    This is just what open source software needs. I never thought I'd see the day that I'd be rooting for "eye-tee professionals" (aka Network Nazis) that say they need to "carefully test" any change to workstation software configuration, but the corporate masters are the ones that are either going to make this die, or start giving free software critical mass.

    Way to go, Microsoft! Hope you get enough income from your digital "rights" management partnerships to offset the loss of sales and goodwill you're about to experience.

    --
    One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  110. Not our intent to access...?!?!? by smagruder · · Score: 1, Troll

    "But it is certainly not our intent to access any user's system when that is not what they desire."

    Sounds Clintonesque if you ask me. But at any rate, yet another reason to _not_ trust Microsoft. Watch for CIOs making more noises about dumping MS crap.

    --
    Steve Magruder, Metro Foodist
  111. i am confused by BigBir3d · · Score: 2

    is it not true that most people out there do not have broadband? won't you know when Microsoft tries to downlaod something onto your machine? besides, a computers true usefullness has nothing to do with an internet connection. go ahead, buy Windows XP with Office XP, and use it as it was desinged for; stand alone with no access (no pun intended) to the outside world. without that LAN/modem connection, you are fine. IMHO.

  112. If cars had this kind of EULA... by Sanity · · Score: 3, Interesting
    ...we wouldn't own the car we had just purchased. We wouldn't have any rights against the manufacturer if there was a problem with the car. The manufacturer would have control over where we could drive with the car (and have the capability to arbitrarily add new restrictions without our knowledge). The manufacturer would be able to control where we purchase gas for our car, and arbitrarily increase the fuel consumption of our car without our knowledge just so their "preferred" oil company could make more money from us.

    So, here is the question: We in the software industry have quite a high opinion of ourselves, so why have we allowed things to get to this point?

    1. Re:If cars had this kind of EULA... by BassGuy23 · · Score: 0

      Lots of folks do have this problem. It's called a car lease. While not quite as bad, it's along those lines.... Limiting mileage, repairs, time of use, etc.

      --

      ~Mike

      A big enough hammer fixes *anything*
    2. Re:If cars had this kind of EULA... by base3 · · Score: 2, Insightful

      Except Microsoft wants to do this when you buy (that's right, buy, not "license") windows. Of course, MSs wet dream is to have you have to pay for Windows like a lease. They get as close as they can by "obsoleting" versions and encouraging vendors to do the same. Didn't work with XP, thankfully.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  113. This is why we use Free Software by extrasolar · · Score: 1, Redundant

    This, of course, is why we use Free Software. This is why freedom is important. I will give it that perhaps the word 'freedom' has a slightly different meaning...it means no needless restrictions on software.

    But these Microsoft threads we can safely ignore. I've already decided not to upgrade to another version of Windows (Windows 95 was the last one) on any of my computers. With GNU/Linux, we can safely click "I agree" (if we are ever prompted) without feeling like a hypocrite.

    If you notice the trend is that not only is there more proprietary software but somehow it is becoming *more* proprietary. In that, there are becoming more restrictions and the developers are reigning more control over the software we use. From owning software to leasing it to soon we'll be renting it. Its the difference between buying a house and renting one. In the former, you just live there and pay taxes once a year. In the latter its like you're hiding from the land lord because you didn't tell her about your cat!

  114. Windows Update has ALWAYS included other vendors. by tshak · · Score: 2

    Actually, "other Vendors" are already part of Windows Update. For example, if you have a 3Com 905-C and you are running an old driver, Windows Update will get the driver from 3Com for you.

    --

    There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
  115. Knowing the product, stupid by Anonymous Coward · · Score: 0

    The PUR has to do specifically with Windows XP and it's Windows Update service.

    1. Windows Update does NOT install anything automatically by default. It's default action is to ask the user.

    2. Information about the components installed on the computer are never sent to Microsoft. Instead, the Windows Update service downloads a huge XML file and does the comparisons locally. This was done specifically to quell fears that Microsoft was version checking.

    3. What would the lawyers say if Windows Update was installed by default, and they didn't include a blurp about it in the PUR?

    4. Do you honestly want all of those Workstations remaining vulnerable to the uPnP attacks?

  116. Re:Pretty reasonable by donutello · · Score: 2

    thought it was even worse than that - more along the lines of "if you sell any computer with some OS that's not Windows, we won't sell you Windows at all"?

    Nope. You're wrong. Manufacturers were always able to buy Windows at retail price to install on the computers they wanted. But that was not what they (IBM) wanted. They wanted Windows before it became available publicly. They wanted it at a cheaper price. You really should read some of the depositions in the case so that you don't sound so clueless. The problem, of course, is that the issues get exaggerated with every telling.

    --
    Mmmm.. Donuts
  117. My computer? by Kakemann · · Score: 1

    This story is about how MS changed its EULA and you just gave them control of your computer.

    My computer?? Since when did I run Windows XP on my computer?

  118. Smoke'n Logic, Batman! by Erris · · Score: 3, Insightful
    Yeah, I guess it would take a half hour to click the radio button that says "Disable all automatic updates" the first time you run XP.

    Radio Button says, "Disable", but License says "Screw you all day long!" I wonder which one will really hold force? I also wonder just how good this fine program will be at turning off the kill feature of XP so that your computer will continue working after you disable this "feature." Forget it, the slavery is made manifest and the number one condition of any oppresive EULA is the company saying that they can terminate your license and destroy your work at will. This is really that clause put into action.

    Yes, it really is the best windows ever. I don't like it and I don't use it. I have one surviving windows 98 box that I've tried to make blind to the network. It never really worked that well, but I expect the EULA that came with it to reamain in force that way. XP, "Hunh, have you ever been eXPerienced?!" Not me.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
    1. Re:Smoke'n Logic, Batman! by linzeal · · Score: 1

      Tiny's personal firewall is awesome for killing all the extrenous netbios filesharing crap as well as any other stuff going across the network stack and its free.

    2. Re:Smoke'n Logic, Batman! by Anonymous Coward · · Score: 0

      Congradulations, you just won the award for the most pathetic display of raging, delusional paranoia I've ever seen on Slashdot.

    3. Re:Smoke'n Logic, Batman! by SpaceLifeForm · · Score: 1
      While Tiny is good, it can be totally bypassed. Search for 'yalta' and 'tooleaky'.

      Tooleaky is a simple piggyback on IE that can send information out, and if you use IE as your browser, then you have configured Tiny to allow outbound for IE, which means Tiny cannot stop it unless you block for specific IP addresses.

      Yalta is ever better, in that it goes underneath Tiny in the TCP/IP stack, and Tiny cannot see the traffic. Microsoft can do the same trick.

      The only safe way is with a separate non-M$ firewall that blocks traffic to all m$ IP addys. Of course just m$ IPs may not be enough.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    4. Re:Smoke'n Logic, Batman! by linzeal · · Score: 1

      It would be nice to be able to replace the default network api that comes with windows like you can in linux with the inetd and xinetd anyone know of such a possibility?

  119. This is mainly a good thing by Jeppe+Salvesen · · Score: 1, Redundant

    I wish they had limited themselves to "bugfixes and security fixes". However, this is still much better than expecting granny Smith to go to windowsupdate.microsoft.com whenever she reads about a new vulnerability on bugtraq.

    Realistically, automatic updates are needed if you can ever expect home computers to be reasoably secure. Very few end users bother to keep up with all the new worms, and most don't even know how to retrieve the quickfix from microsoft.

    Does anybody have stats on how quickly an out-of-the-box install gets hacked vs. how quickly an up-to-date box gets hacked?

    --

    Stop the brainwash

  120. FBI Magic Lantern by wiliano · · Score: 0, Offtopic

    I'm surprised nobody has mentioned the FBI's Magic Lantern. Not that MS couldn't sneak it past you before, but now it seems that it would be legal.

    -Willy

    1. Re:FBI Magic Lantern by Pituritus+Ani · · Score: 1, Troll
      Damn, who gave Microsoft mod points today? Offtopic? Puh-lease. The man said:
      I'm surprised nobody has mentioned the FBI's Magic Lantern. Not that MS couldn't sneak it past you before, but now it seems that it would be legal.

      Want to burn some karma in m2? Bring it on.

      --

      Another proud carrier of the $rtbl flag

    2. Re:FBI Magic Lantern by Anonymous Coward · · Score: 0

      Magic Lantern nothing.... they probably have more than a keystroke-logger built into Windows. I bet the US Gov't (NSA,CIA,FBI,etc..) have the ability to connect to any machine running Windows 98, Windows 2000, Windows ME, or Windows XP any time they want. They can most likely read the contents of your hard drive, view your saved email, and pretty much do anything they damn well please. For years the US Gov't was suing the shit out of Microsoft. Then, one day out of the blue --- they drop the lawsuit. Why? Why would they suddenly decide they don't want to sue Microsoft? I bet Microsoft agreed to build in backdoors to the OS to all Gov't agencies the ability to spy on citizens running Windows. That was the "plea bargain" that they were offered. As soon as Microsoft agreed to the terms -- the Fed dropped the lawsuit. People modded this guy down... but he's not too far from the truth on a subject that is very ON-TOPIC!

  121. repost by Anonymous Coward · · Score: 0

    for some reason i remember reading this on slashdot last july i think

  122. Re:Once again, Slashdotters want to have it both w by haruharaharu · · Score: 2

    It really happens... You cannot turn off auto updates in XP

    Sure you can - you just need to perform some registry surgery. Anybody know the keys in question?

    --
    Reboot macht Frei.
  123. Boo Fucking Hoo by donutello · · Score: 2

    This world would be a much better place if it were not so filled with paranoid loonie. When faced with ambiguity, I usually assume incompetence rather than malice.

    This clearly sounds like a case of some lawyer getting lazy and writing a too-restrictive EULA just in case. As the article states, they needed some language in the EULA to allow for automatic update when the user chose to turn it on in order to protect MS from someone turning it on and then getting pissed off that it was happening.

    --
    Mmmm.. Donuts
    1. Re:Boo Fucking Hoo by base3 · · Score: 1
      when the user chose to turn it on

      If that's what they meant, why do you think that isn't what they said? Those documents get read by legions of legal eagles before they're used--if they say they have the right to update without your permission, that means they damn well intend to use it, wishful thinking on your part notwithstanding.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  124. Yes, this is FUD, for the most part. by tshak · · Score: 2

    The problem is, even though it has to be turned on, the EULA is still bad. However, the EULA is there because of MS's legal team being "over careful" about the feature. It's to protect themselves incase a user turns it on and sues them because they claim MS was spying on them. The real issue is that we live in the United Litigations of America. Do I like this section of the EULA? No - I don't want an EULA on any of my software. Nevertheless, I agree that the primary goal of this article was FUD, not an intelligent discussion of EULA's and why corporations keep taking them to the next level.

    --

    There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    1. Re:Yes, this is FUD, for the most part. by Tony-A · · Score: 2

      FUD.
      Fear, Uncertainty, Doubt.
      What is Microsoft doing to your computer today?
      That's FUD alright!

  125. At least they acknowledge they do this. by Pinball+Wizard · · Score: 3, Interesting
    I usually don't like to hawk commercial products, but I've been awfully fond of Zone Alarm ever since I started using it.

    I'm actually appalled at the number of applications that "phone home" while you're on the internet - sending back to the companies that created them information about themselves and the computer they are running on. Were it not for Zone Alarm, they would be doing this in secret without me ever knowing it.

    At any rate, at least MS says that they do this. There are a lot of others. Even if you are using an Linux or BSD firewall, as I do, those probably are set up to allow you do send any sort of communication out without checking. Something like Zone Alarm will tell you what applications are trying to access the internet by themselves. Its been highly enlightening ever since I started using it.

    In the case of something that runs over port 80 like IE, I'm not sure how you could use the internet while preventing it from sending back info to its parent company. I guess you would have to use something that promises not to have spyware built into it.

    --

    No, Thursday's out. How about never - is never good for you?

    1. Re:At least they acknowledge they do this. by Oswald · · Score: 1

      This is, of course, one of the evils that the FSF warns us of in proprietary software. Unfortunately, their assertion that open source software is safer in this regard because of the transparency that access to the source code yields doesn't really comfort your average computer user.

      Fact: almost no one has the time, energy, knowledge or desire to audit the source of every piece of software they use.

      Fact: Joe and Jane Computeruser are still quite foggy on the difference between the "hackers" who have supposedly written Linux and other free software in their spare time, and the "hackers" that Dan Rather tells them just stole their Visa Card number from their favorite internet retailer.

      Fact: most people don't have anything to hide, and can't figure out what all the fuss is about if corporations want to access their hard drive, as long as it lets them run Quicken and download dirty pictures without having to learn anything about their machines.

      I'm afraid we're pissing into the wind trying to make a big deal out of this with the general public. It's just another reason for businesses to adopt Linux, while Mr. and Mrs. AOL just keep on paying for those upgrades.

    2. Re:At least they acknowledge they do this. by belg4mit · · Score: 1

      Not I said the fish. I tried it and it caused no end of page faults and blue screens. And oh the joys if you remove your NIC (windows won't start because it needs to load the VXD for this app which hooks into the networking layer which gets disabled of you happen to remove your NIC (say for diagnosis/to have it rediscovered)).

      --
      Were that I say, pancakes?
  126. Let's treat MS software like cigarettes! by smagruder · · Score: 2

    Attorney General's Warning: Removing the shrinkwrap could very well endanger your sanity, but that's only for starters. You agree to have Microshaft inspect your system at any time to ensure you have the latest daily security "fix", and also to prove you're not a criminal. You agree to only install this software on one PC, even if you're a home user who happens to have multiple PCs. And you grant Macroshaft the right to guarantee this stupidity. Last, but certainly not least, you agree that it's okle-dokle to work with bug-infested crap as a Premier Microshaft Beta Tester.

    --
    Steve Magruder, Metro Foodist
  127. Re:Windows Update has ALWAYS included other vendor by Spuggy · · Score: 1

    Actually, "other Vendors" are already part of Windows Update. For example, if you have a 3Com 905-C and you are running an old driver, Windows Update will get the driver from 3Com for you.

    Drive-wise, and only through Windows-Approved Drivers AFAIK (ie. They won't update with a 3Com Driver that has not gone through Windows testing)

    I'm referring to changing functionability of the software per a Third-Party's Request

  128. Freedom of Choice. by Alien54 · · Score: 3, Interesting
    You missed the point. Boy did you miss the point

    It is about being able to opt out or opt in as you like.

    It is about freedom of choice.

    If they want to offer this as aservice fine. And maybe I might recommend it for your first time shopper, buying their first computer at the CompuMaximus Grotesguerria. But then maybe MS does know what the best choice would be for everyone in the country.

    For Myself, I have sufficient experience that I would dare to have actual opinions about my choice of configuration.

    For this I may well by relegated to that worse possible of all Microsoft hells. A world without Microsoft. Sign me up.

    --
    "It is a greater offense to steal men's labor, than their clothes"
  129. This is really just a piece of a larger issue..... by King_TJ · · Score: 3, Interesting

    Personally, I think this article was written just for the sake of sensationalism and to nit-pick at some details of a EULA. As it has been repeatedly pointed out, MS still asks you in Windows XP how you'd like to handle auto-updates. You can A) disable them completely, B) just have it alert you that a new update is available, and let you decide if you want to download it, or C) let MS auto-download them all to you. Some people (normally *home* users) would like to choose option C, so MS wanted to have a clause in their EULA allowing them to offer this option to you without legal issues coming up.

    What's really going on here is a larger issue which has been around with *all* of the Microsoft products since day 1. Everything is still designed around what makes the individual home user happy. Corporate environments are much different. Security is tighter, and they're usually run in a more authoritarian manner. "We, the sysadmins, will tell you what you can and can't run on your PC."

    Despite MS trying to develop two flavors of Windows XP (home and corporate), even the corporate edition is chock-full of potential security issues that are only there because they made concessions to what the home consumer would think was "cool" or "worth upgrading for". If their "Professional" edition was truly aimed at corporate America, they'd remove all of the Internet media playing crap, never even consider letting the product auto-update itself, remove the default installation of the MSN messenger, ditch most of the cutsie wizards, and stick with a more clear-cut security model. (Try sharing the root of your C: or D: drive out under Windows XP. All you get is a warning that it's risky, security-wise, followed by it asking if you still wish to do it. If you do, you're not even sure what sort of permissions it placed on that share - or whether or not it is allowing it only for the local LAN, or for the whole Internet.) At least Windows 2000 gave everything to you straight. You just clicked the security tab and saw which options were on and off. Makes much more sense than trying to "user-friendly up" the security with simplistic prompts and questions.

  130. How would you know unless you download? by Ars-Fartsica · · Score: 2

    This is a chicken and egg problem. How would you ever know that these bugs would crop up other than to download the code? Don't tell me "reading BugTraq" because we all know damn well that maybe 0.5% of /. users and even network admins read it

    1. Re:How would you know unless you download? by Anonymous Coward · · Score: 0

      I like to scratch my penis 0.5% of the time, also.

  131. Slashdot is the font of FUD by Anonymous Coward · · Score: 0

    Most people here won't admit it, but /. is one of the most absurdly self-contradictory, FUD-spewing, makes-no-sense message boards on the web.

  132. Re:Once again, Slashdotters want to have it both w by praedor · · Score: 2

    Is autoupd an executable-driven function or is it part of the kernel? If it is merely an executeable that gets activated now and again, or a daemon, can it be deleted? Is there an "autoupd.exe" or some such that one can delete and make this whole thing moot?


    What port does M$ violate your privacy through? If you setup a nice firewall, could you not block all access to this port and prevent spying M$ eyes from getting in?

    --
    In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
  133. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  134. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  135. Re:This is really just a piece of a larger issue.. by base3 · · Score: 1
    Personally, I think this article was written just for the sake of sensationalism and to nit-pick at some details of a EULA.

    Personally, I think MS was trying to sneak the ability to patch its digital "rights" management code, and possible to do darker things, under the radar by burying the "agreement" to this in a EULA they know hardly anyone reads. And that the media have done the right thing by throwing a flag.

    --
    One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  136. WinXP is already known to be spyware by AntiNorm · · Score: 2

    'You acknowledge and agree that Microsoft may automatically check the version of the Product and/or its components that you are utilizing and may provide upgrades or fixes to the Product that will be automatically downloaded to your Workstation Computer.'

    I already refuse to upgrade to WinXP because of all its WPA junk. This is just one more reason why I won't be making that upgrade.

    --

    I pledge allegiance to the flag...
    of the Corporate States of America...
  137. A couple of points that I'd like to reinforce by rben · · Score: 3, Interesting
    1. Most people will get Windows XP Professional pre-installed on their computer. They won't have the option to change their minds because of the EULA, they'll just have agreed by buying the computer.
    2. This feature should be turned off by default at the very least. It's not. Since the OS will be pre-installed, and updates are not announced unless it's a DRM modification, if I read the article correctly, they won't know anything is going on.
    3. Our current admnistration recently called on the software industry to do more to protect computers from viruses. This change could conceivably be interpreted as a response to that call. Unfortunately, that means that we probably won't get a lot of help from this administration on this issue.
    4. This has happened before, back in the days of Ma Bell you couldn't even attach a piece of equipment to the phone network without explicit permission from Ma Bell. You weren't even allowed to own your own telephone. That kind of arrogance can only exist when a company has a monopoly. The only way to fix it is to eliminate the monopoly.
    5. Microsoft has a long history of making changes in software that break the compeitors software. This change in the EULA gives them a way to automatically distribute such "fixes" without alerting people that its even being done. How long will it be before MS decides that in order to better secure the digital rights of their partners, they should disable any software, such as Gnuetella clients, that might infringe on those rights.

    Hopefully, this will cause a backlash from the big corporate buyers that will cause MS to change the EULA, at least for a while. Perhaps we should change the name of the EULA to the Edict of Unlimited Arrogance!

    --

    -All that is gold does not glitter - Tolkien
    www.ra

  138. Tech support headache by ruvreve · · Score: 2, Funny

    When every week Microsoft supplies a large update to all the dialup users, people will start calling in saying my streaming porn movie is very choppy fix it. And most likely they will only have one phone line so they will disconnect half-way through the update to call tech support and when they get back online for awhile it'll be fine until the update starts over.....then they will call tech support again. This wouldn't be very funny except I guarantee it will happen. Just like the cdrom coffee cup holder probably happened because the funniest things come from real life.

  139. Do you ever stop to think by global_diffusion · · Score: 1

    ... that most people would want somebody else to fix their computer? Personally, I don't, and that is why I use linux. But in this case you have to think of the millions of people using computers that don't really know the difference between their computer and Windows. These people will never apply a security patch, let alone even know how to upgrade. Microsoft is crossing some lines here, but they will make it easier for people to use the newest version of the operating system (will all the security enhancements from what they've been saying).

    This is, of course, if they don't blow it and release a buggy OS onto 500,000 computers by accident.

  140. Re:Windows Update has ALWAYS included other vendor by Pfhreakaz0id · · Score: 2

    do you expect them to HELP you download a driver that isn't certified, so when it doesn't follow the standard and crashes the OS you can blame Microsoft? Gimme a break...

  141. Re:Maybe the users want it: Yeah, Right by theancient2 · · Score: 1, Funny

    The 85% bit has been covered already, so let me just address the rest of the FUD you've got going there...

    I know stopped using MSN because of compatability problems caused by the updates... updates that they couldn't turn off...

    We're talking about Windows XP updates here -- which can most certainly be turned off. In fact, one of the first things XP does after installation is ask whether you want updates to be installed automatically or not. If you change your mind later, bring up System Properties, and select Automatic Updates.

    One person actually had to reinstall her machine because one of the updates completely hosed her system...

    XP has a few features designed to prevent this kind of thing. One is Add/Remove Programs -- every automatic update I can think of has installed an entry there. Second is System Restore. I've never had to use it, but I hear it works well for restoring system DLLs that you didn't want replaced. Third, there's the feature that prevents different DLL versions from stepping on each other's toes. (I'm not clear on the details of that one, so I'll leave it at that.) And finally, there's Driver Rollback, which I have used. If you update a driver and your hardware doesn't work as well anymore, hit the button and go back to the old version. Any of these can be done without rebooting, much less reinstalling the OS. At least that's what my experience with XP has been.

  142. Okkkk this is bad how? by Chanc_Gorkon · · Score: 1

    Lemme see, they say they MAY provide upgrades and patches....etc. How is this "giving" them control of your computer? That's like saying Apt gives the Debian project control over your computer. That makes it sounds like that you can't and don't or won't be able to use your computer. First off, they use the word may. May means that you may do something, you may not. It's up to either party. You have to allow any of those things to happen. You own your hardware, not Microsoft. The EULA changes nothing about who owns your hardware. If Microsoft tries to tell ya in a EULA that you can't delete their product in favor of say Linux or FreeBSD, well, they CAN'T do that either!

    EULA's, I have always felt, are unenforceable. Has Microsoft ever won a case or sued someone because they did not follow some obscure portion of the EULA? (Piracy is NOT obscure....piracy is wrong whether you actually read the EULA or not!.)

    This is something that, in my opinion, should have never been posted. It's not serious and nothing that is really all that new or interesting. I hate to bring this up as an example, but it's just like the news media saying "Oh May there was another bombing in Isreal". That's news??? It's an everyday occurance there! The same goes for Microsoft trying to do somethign stupid in a EULA.

    --

    Gorkman

  143. You can turn it off. by PantherX · · Score: 1

    You can turn it off, but that part doesn't need to be in the EULA.

    Honestly, this isn't a big deal. Quit trying to make everything MS does into a "Big Brother" issue.

    --
    Sig missing. Reward.
  144. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  145. "Does Microsoft Have No Clue?" by fire-eyes · · Score: 1

    "The idea that Microsoft can change our software without notifying us is totally unacceptable," said one corporate IT manager. "Any alteration to our standard configuration can only be rolled out after careful evaluation and testing. Does Microsoft have no clue?"

    I guess it takes these kind of things to force people in these positions to begin to realize this.

    Several readers were also worried that Microsoft's broad assertion of its right to access their computers would force their companies into noncompliance with government security guidelines and various privacy laws.

    If they are pushed this far, Microsoft is going to begin losing some important customers. Or at the very least, miffing them off.

    ...it would seem Microsoft's idea of a security update is one that protects the property rights of vendors, not the security of customers' systems.

    That has been known for a long time, but this is just dragging it in the open.

    "If the user elects not to update the security component, he or she will be unable to play content protected by our DRM from that point forward, although content previously obtained would still be usable."

    I love this balancing act. Makes it sound like the customer has a choice. Which they do! But, look at the concequence (?).

    That's not a concept that will make anyone other than Bill Gates feel very secure.

    Which is the only person who matters in this game, and people know it.

    --
    -- Note: If you don't agree with me, don't bother replying. I won't read it.
    1. Re:"Does Microsoft Have No Clue?" by sallen · · Score: 2
      "If the user elects not to update the security component, he or she will be unable to play content protected by our DRM from that point forward, although content previously obtained would still be usable."


      Something is confusing here. If one doesn't update their DRM, it says you cannot play any newly downloaded material. That seems to define one of two things. Either EVERY distributer of media for WMP must upgrade to always be current (or the existing DRM Should play from any source which hasn't upgraded)

      -OR-

      Windows and their Media player require a connection to a microsoft type site which is verified at every point prior to a download. This seems more likely, as in a .NET strategy.

      Now THAT sounds absurd. Let's see.. wasn't the Billy Gates 'trustworthy computing' memo something about privacy and security. That's going to be great privacy when they track everything you obtain via WMP, and probably send you ads based on what you download. Real nice. What crap. They'd better state that very very plainly up front if that's the case.

      The interesting part becomes the vendor of the media. If one has a subscription service? They'll have to put in as part of the subscription that you MUST activate that automatic upgrade, or you will have services paid for but not available. This is going to get very very messy from the vendor standpoint, not just the consumer. Real Networks certainly has something to take advantage here if they play their cards right. I know too many places that'd never permit any type of automatic downloads for anything.

    2. Re:"Does Microsoft Have No Clue?" by fire-eyes · · Score: 1

      Well, they can just stuff it away somewhere in the EULA.

      And as much as I do not like MS, it *IS* on the user to read that and accept it, and if they don't, don't use the damn product.

      --
      -- Note: If you don't agree with me, don't bother replying. I won't read it.
  146. Re: Microsoft access to PCs by Anonymous Coward · · Score: 0

    I am SO glad I just installed linux!

  147. Funny thing is... by tcc · · Score: 3, Interesting

    I am still forcing everyone in the company which I am working as IT admin, to stay on Win2k. When I buy win2k licenses these days, it's a bit more expensive than BEFORE winXP came out... which is odd. Anyways, Win2k is the best OS MS ever did, and it's the first time I am not missing my old amiga's OS. XP on the other hand is great for home users for the look and ease of use, but it's basically just 2K with a buttload of useless (for professionnals) services added, decreasing overall performance, and killing your privacy. I'd like to see the sales figures of XP pro compared to win2k in corporate environments because I'm sure I'm not the only one who had reserves buying that after evaluating it.

    --
    --- Metamoderating abusive downgraders since my 300th post.
    1. Re:Funny thing is... by Ziviyr · · Score: 0, Offtopic

      Win2k is the best OS MS ever did, and it's the first time I am not missing my old amiga's OS.

      Well, I guess since I bypassed all of MS earlier attempts at an operating system when I moved from Amiga (and still emulate one). I still know what features to miss, and I miss them still (especially every time I have to rebuild my Windows system, there doesn't seem to be a "set echo on" for windows install "scripts").

      --

      Someone set us up the bomb, so shine we are!
  148. Re:Once again, Slashdotters want to have it both w by Osty · · Score: 2, Informative

    On the contrary, sysadmins are advising that users disable automatic updates on XP because the tendency of the auto update facility to replace, for example, working drivers with faulty ones, as well as not providing information on which packages are being downloaded. (Read that in an article somewhere. Never used auto update myself.)

    Which is 100% completely wrong. The auto update facility of Windows XP will only download updates that are marked as "critical" (ie, they fix a major bug or security problem). As well, they are not installed by default, simply downloaded (okay, so you can configure it to install by default, but the default is to download and then ask you what to do. Read the EULA -- it says "download", not "download and install"). When a new update is downloaded, a little text bubble pops out of the systray, and you can pop up a dialog that lets you install the updates now, install them later, or forget about it. At this point, you can also get details on what updates were downloaded, or just go to the Windows Update site and have 100% total control over everything.


    I do see this as a privacy concern, because it is only with XP that windows update does not say "this is done without sending any information to microsoft." All other versions of windows use the anonymous facility, so they already have a working production update system which they've replaced with this more invasive version. -Coinciding with the EULA changes.

    Really? Because the Windows XP Windows Update page explicitly says this:

    Note Windows Update does not collect any form of personally identifiable information from your computer.

    So it's a bit different from not sending any info to Microsoft, but it still protects your privacy (well, unless you're a tin foil-wearing conspiracy nut that thinks Microsoft is out to get you).

    Whether it is an intentional attack on privacy/piracy or simply that MS decided the old mechanism wasn't efficient enough over a slow connection (or some other technical reason) is speculation.

    More likely, it's simply you (and the rest of Slashdot) jerking your knee at a benign change to a useful tools (Windows Update), integrating it into a good OS (Windows XP, believe it or not) to make the users' lives easier. Don't want it? Turn it off. Microsoft can not turn it back on remotely.

  149. The real reasom (was: Re:You can turn it off.) by MaggieL · · Score: 2

    Quit trying to make everything MS does into a "Big Brother" issue.
    We will when they do.

    You know, if this provision wasn't in the "Program Use Rights" (nee EULA), what they're proposing to do would be computer crime under existing law.

    --
    -=Maggie Leber=-
  150. Speak for yourself by Johnny+Mnemonic · · Score: 0, Flamebait


    you just gave them control of your computer

    Just because you were duped into making this mistake, doesn't mean that we're all as stupid as you. Please don't include me in your sweeping generalizations of computer-user idiocy. Your mistakes are your own.

    --

    --
    $tar -xvf .sig.tar
  151. Re:Once again, Slashdotters want to have it both w by WotanKhan · · Score: 1
    I always teach a new computer user that security starts with making an informed decision before you initiate a program. The last thing I want to see is that decision taken away, or concealed an another common action such as reading your email.

    The decision to apply patches should be convenient, but voluntary. Just because I trust a particular rev of an OS, does not imply I trust the latest patch.

  152. Are these users worth defending? by ghack · · Score: 1

    Look:

    1. If you dont like a products EULA, don't purchase it.
    2. If someone buys a product, but is unaware of the EULA and does not read it, are they worth defending? I say no - you agreed to give microsoft partial control over updates, so dont whine about it.

    If you dont like XP, do not use it.

  153. Re:Maybe the users want it: Yeah, Right by alext · · Score: 1

    I'm having to do exactly that right now. I let Windows (2000) Update install the pre-SP3 patches and now Forte Agent won't start and my USB has stopped working. I've tried removing them (reboot needed after each one, even though they were installed as a batch!) but no luck.

  154. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  155. Minors cannot enter into a contract by limited · · Score: 2, Interesting

    If you are a minor in the US (under 18), you can't legally enter into a contract without your parents permission. That's why your parents have to sign everything with you. An interesting case in court would be one in which a student installs software, say XP then sues Microsoft for accessing their info. If there was no licensing agreement between the two parties, then would MS have the right to look at the hard disk?
    Another comment: I would assume that MS's right to update is contingent on responsible use of the procedure. If someone was to hack the system and change everyone's start up screens to the Playmate centerfold, do you think that MS would be able to retain the right to complete future updates?

    1. Re:Minors cannot enter into a contract by TeddyR · · Score: 1

      There are also child protection laws that protects chidren under 13 or 14 from being required to give out personal information. It is not the same as entering into a contract. This law makes it illegal for a company/web site to request personally identifiable information from a child without parental consent...

      --

      --
      Time is on my side
  156. Re:Once again, Slashdotters want to have it both w by Anonymous Coward · · Score: 0

    All this does is gives Macrohard a more dynamic capibility to deoptimise the code behind the APIs. Microsoft does this with there service patches all the time. MS choses what APIs a particular vendor can use ( of course MS reserves a set for their products to use). If a vendor might become a competitor or might make a version of its software for Linux, MS just deoptimizes some code, and presto chango, that vendors softwar no longer works so good, slow to load, slow to render, etc. The next reviews ( paid by MS) come out and blast that vendors product

  157. People don't know by t_allardyce · · Score: 1

    If companies want to screw with their customers, then that's their right. Most of them get away with it because customers have no idea what's going on. Most people will fork-out the rip-off price for a new version of windows because they don't know any better. If people were educated as to what they're getting into then most would realise that they are just buying a very expensive bit of plastic, containing a program funded by the richest man on earth, written by monkeys, which cost next to nothing to make but sells for so much.

    Most people don't even understand the concept that Windows is an OS and not part of the computer. They call the hard drive the C drive as if that was what it was. Why would anyone use such a stupid naming convention?

    I haven't paid for a version of windows since Win 95, when it came with my computer. Since then i have loyally stuck it out with Microsoft - upgrading to Win98 and then WinME (All pirate of course). Since XP came out i have decided not to upgrade, because to do so would be to downgrade. As soon as i get a motherboard and soundcard that works with Linux without bringing the whole system down, i will leave windows to lamerz who like having their life and money controlled by Bill Gates. Oh, yeah, and i also have a PocketPC, with WinCE 3 which is the crappiest OS in the existence of mankind - i suppose that counts as buying Windows.

    What we need is more public service ads, not saying "stay in school" or bull shit like that, but explaining things like Open/Closed source, the price of pressing a CD, why DVD sucks, and how Bill Gates became the richest man alive.

    --
    This comment does not represent the views or opinions of the user.
  158. Re:Your Sig, totally offtopic by psyco484 · · Score: 0

    Wow I didn't know a group of people with a medical problem who offer a freedom to accept or reject any god could be considered a cult. Interesting that you think this way. BTW your email addr doesn't make any fucking sense...you bash MS and then you use email from them.......

  159. Re:Once again, Slashdotters want to have it both w by Anonymous Coward · · Score: 0
    So we complain that Microsoft isn't doing enough -- that they need to make the OS download security upgrades automatically, whether or not the stupid user asks for it or not. This, we argued, is the only way Microsoft can stay ahead of security holes and make sure we take them up on the patches.

    So Microsoft does this. But because doing so requires the user to agree to let Microsoft access and update their system, they have to add it to the EULA.

    And then Slashdot complains that MS is taking too much control.

    This would be a valid complaint, except that Microsoft doesn't have a shining track record of delivering working patches and updates. When they fix one bug, another two show up. When they close one hole, they open another.

    I'd be all for auto-updates and auto-patching in the Microsoft world, if there was some assurance of Q&A or some way to levy damages against them for breaking something they claimed to have fixed.

    This of course, will never happen, because Microsoft never admits fault for anything, and they sneak more and more things in the EULA to further grip control of the user's system and data, while at the same time, claiming that they have nothing at all to do with anything that happens to that data or that system.

    Witness the snafu with the OSX Office.NET exploit lately. Every copy of Office.NET installed on a LAN seeks out and detects other Office.NET installs, and queries their SID. If you used one copy twice, they all shut down. It's only getting worse. Orwell would be proud.

    And damnit, I forgot my password, so I can't reap the karma from this comment.

  160. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  161. Re:Your Sig, totally offtopic by Sarcazmo · · Score: 1

    There's no freedom, you must accept God to complete the program successfully. You must oftentimes accept God so you don't go to jail, if you are court ordered to complete the program.

    How again is that freedom?

    BTW- About my email, try looking up irony in the dictionary.

  162. It's not a matter of having it both ways... by atgrim · · Score: 1

    It is a matter that any reasonable company can be expected to provide code for THEIR product that actually fixes the problem it was designed for and not open new holes.

    Of course we are talking about Microsoft and I don't think that reasonable could be applied to their definition. Microsoft has become famous for sinking their heads in the sand when a major problem shows up or flat out denying it's existence. They take their sweet time releasing a "fix" to a problem that they were FORCED to recognize. Supposedly the time it took to release said "fix" was used to ensure that it worked and didn't break anything else. This is a falicy. The other item Microsoft has become (in)famous for is using the public as a giant beta test pool.

    My big beef is not that Microsoft is a poor quality company, but, that it is a poor quality company that takes away my options/rights on a regular basis and then hides behind laws that were never thuroughly(?) thought out to begin with. No, you cannot turn off autoupd for XP. If you try the system breaks. I hope that I or someone else is able to find/create a hack that allows me to reclaim my rights. I am still looking.

    I am learning Linux as fast as I possibly can. My ultimate plan is to switch over everything I can as soon as I can. As for games I will simply keep a windows box in a corner and not connected to the network for any games that I can't get to run with WINE. Sorry to have ranted. I will probably get modded to Troll. :-)

    --
    Your actions in life will determine your children's future.
  163. What's the fuss about? by Anonymous Coward · · Score: 1, Informative

    What are we talking about here? It's about a function Microsoft put in XP (that can be turned of btw) and all they do is put something in the EULA about it to cover possible legal actions.

    Yes, XP can automatically download updates and patches without asking the user first. Yes, I don't like it either, but you CAN turn it off. And the EULA doesn't actually tell you you HAVE TO let XP automatically update XP, you just give MS permission if XP is configured to do so.

    Not that I like XP or am a big MS fan or anything, but you guys are really overreacting this time.

  164. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  165. Re:Your Sig, totally offtopic by psyco484 · · Score: 0
    You must accept a higher power...not God.

    Irony is all well and good, but that's just stupid.

  166. Amen to that by ozric99 · · Score: 1

    Somebody mod the parent up

  167. Browser wars by Ironfist_ironmined · · Score: 1
    "Microsoft may automatically check the version of the Product and/or its components that you are utilizing and may provide upgrades or fixes to the Product that will be automatically downloaded to your Workstation Computer."
    Now it can install IE6.0 as your default browser without telling you.

    "Funny, I dont remember installing this Mozilla skin... Guess they ran out of other things to make..."
    --
    0xC3
  168. Re:Maybe the users want it: Yeah, Right by technomancerX · · Score: 2
    Wow, you can finally change drivers without rebooting? Cool. One of my most hated things about windows was needing to reboot because I installed a new driver or changed my network settings...

    Anyways, I don't consider pointing out that they've fucked up trying to do this kind of technology before to be FUD. Thank you for the additional info on the technology involved (and I'd be interested to see if the DLL conflict management actually works...)

    --
    .technomancer
  169. EULA doesn't apply if I've copied winXp by Anonymous Coward · · Score: 0

    Hi

    If I have copied windows XP from a friend (why should I buy MS products?), surely the EULA doesn't apply to me - since I haven't actually purchased the said product?

    ;-)

    1. Re:EULA doesn't apply if I've copied winXp by korgull · · Score: 1

      The only reason to copy is that you need to access one of those incompatible web sites that can only be viewed with IE.
      I must admit, since MS doesn't release IE for other platforms and creates a monopoly perhaps copying the stuff is tempting.

      Unfortunately I don't like my beatifull hardware to run this nasty stuff. My hardware is worth a better treat :-)

  170. Re:Once again, Slashdotters want to have it both w by Storm · · Score: 1
    You are making it sound like the only way for Microsoft to make a secure product is to give them direct access to my machine. This is not true. As they have proven with IIS and Windows itself, Microsoft's products do not necessarily get more secure with repeated attempts.

    Microsoft should be able to create secure, reliable products without having to access my machine uninvited. Before you say anything about M$ reliability, compare my mailserver, running Debian that has been up for 118d 15h 21m or the Beowulf cluster all of whose slave nodes were up for 409 days (the only reason I had to shut them down was to move them between buildings), with my wife's Win98SE box which crashes (bluescreens, locks up or just reboots itself) 2-3 times a day. I know it is not a hardware issue because it dual-boots Linux, which doesn't have a problem.

    The second thing, is that I don't trust Microsoft, the company that intentionally put hooks into Windows to break under non-MS DOSes (e.g. DRDOS), enough to give them access to my machine...Not while I have strength in this body...

    --
    --Storm
  171. Completely off the mark by Anonymous Coward · · Score: 0

    What you don't understand is that this is a legal document. That paragraph isn't about features at all. It is about rights. And if you read it, it isn't about giving you rights, it is about giving Microsoft rights, and taking your rights away.

    If it was about a feature it would say something like "the user has the right to automatic updates from Microsoft..."

  172. missing quote by MoneyT · · Score: 1

    Here's the missing quote that should be in there

    'You acknowledge and agree that Microsoft may automatically check the version of the Product and/or its components that you are utilizing and may provide upgrades or fixes to the Product that will be automatically downloaded to your Workstation Computer.

    --
    T Money
    World Domination with a plastic spoon since 1984
  173. You agreed to give it away. by Anonymous Coward · · Score: 0

    That's what you get from Microsoft.

  174. attention Microserfs, MS 0wNz U by BroadbandBradley · · Score: 2

    you have always been under control of the evil giant, only now, they going ahead and covering thier tracks by making you agree to it. Unless they are stopped, it's only going to get worse.

    Please people, think of this as 'Star Wars', MS is the 'Evil Empire' so join the 'Rebel Forces'.

    USE THE SOURCE LUKE

    We're keen on bringing peace to the universe and preserving freedom of this and future generations.

  175. Hmm.. by DarkProphet · · Score: 2

    Seems to me by the looks of that paragraph, that if you agree to the EULA, you permit MS to check your WinXP version info, and upgrade any old components. Thats all. If those updated components contain any sort of 'spyware', that is, collecting personal information, then I am pretty sure MS will get in trouble for invading thier customers' privacy without the customers' explict consent to do so. The EULA does not give MS the right to do this.

    Okay, so it can be argued maybe you don't want your components upgraded (say because MS is breaking a standard), but hell, why not? If you're running XP, you've already ditched your old OS for a new one, so whats the difference? I'd rather hope that once in a while MS will sneak a _good_ update in, so that some bug that crashes my computer finally goes away. I have no problem with MS sending my computer updates, as long as thats ALL they're doing.

    It would be unwise for MS to try to do anything much else, because if they were, and it was illegal, the court would have to sapoena (sp?) MS source code to bring a case against them. MS does not want that, believe me.

    Besides, what does MS need your personal info for? MS doesn't depend on advertising cash, as it still has a strong foothold in the PC/Server OS markets. While even if MS did get caught doing something they weren't supposed to, the US must have a domiation in the computer industry (good for the economy), we can't let microsoft crumble till they'res a formidible player to take its place, so they just get a slap on the hand. They won't get in trouble, but they will be forbidden to do it again. Microsoft doesn't really want to lose the government's favor (when you start messing with the population's privacy rights), but they will do as they please until they are told not to.

    Which begs the question, then, would we really be better off without MS? I could understand and agree with both sides of that.

    And if MS fell, who would take its place? Linux? Uhm, what Linux company? *BSD? Who's going to run the company to distribute it? If we are to stay near the top of the tech industry, we need a company large enough to handle global marketing. You can have all kinds of little companies sparring with each other, but hey, RedHat Linux has an install base of what? A hundred thousand? Half a million? MS has an install base of what? A lot more, and thats for a reason. Marketing is a big part of the game. Not just marketing doublespeech, but I mean as in advertising, distribution, support, classes, etc.

    Sorry, this got wayyy offtopic, but who'd be a suitable replacement (as a company) for microsoft? I'd love to see that poll. ;-)

    --
    What could possibly hurt the security of the American people more than giving our own government the ability to hide its
    1. Re:Hmm.. by TeddyR · · Score: 4, Interesting

      Has anyone else noticed that the windows update with XP no longer says what the 98/2000 versions used to say something along the lines "does not send any information to microsoft" while checking the installed updates.. This has changed to "Windows Update does not collect any form of personally identifiable information from your computer."...

      Slight wording differences.. but still... what is "personally identifiable information "? For the longest time, an IP address did not fall into that category.. but as anyone knows... an IP address can id quite alot...

      The privacy policy for windows update has:

      -----start quote..

      Windows Update Privacy Statement
      Windows Update is committed to protecting your privacy. To provide you with the appropriate list of updates, Windows Update must collect a certain amount of information from your computer. This information includes:

      Operating-system version number
      Internet Explorer version number
      Version numbers of other software
      Plug and Play ID numbers of hardware devices

      Windows Update does not collect your name, address, e-mail address, or any other form of personally identifiable information. The information collected is used only for the period of time that you are visiting the site, and is not saved.

      To provide you with the best possible service, Windows Update also tracks and records whether the download and installation of specific updates succeeded or failed. Windows Update records the ID of the item that you attempted to download and install, and information about your operating system version and Internet Explorer version. The information that is stored cannot be associated with anything that is unique or personally identifiable about you or your computer.

      ------ end quote

      --

      --
      Time is on my side
  176. Kwitcherwhinin! by dillon_rinker · · Score: 2

    If you've already deployed XP, sorry; this doesn't apply to you. If you haven't, I recommend that you point this clause out to your PHB. if you are the PHB, I recommend that you contact your local MS sales rep and let them know that you will not be considering an upgrade until this issue is resolved to your satisfaction.

    In other words, if this bothers you, don't whine; just threaten not to buy the software. I guarantee you that my 900-user law firm will not be upgrading to XP this year as planned until this clause and any software that supports it are eliminated.

    1. Re:Kwitcherwhinin! by base3 · · Score: 2, Insightful
      I guarantee you that my 900-user law firm will not be upgrading

      Wow. Bill's going to miss that 0.00000000000000000000000001 percent of annual sales.

      Really, I agree with your sentiment, but it's better not to throw around numbers unless you have some big ones.

      ~~~

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    2. Re:Kwitcherwhinin! by dillon_rinker · · Score: 2

      Did I say to complain to Bill? DID I? Then KWITCHERWHININ! :) You're completely correct that Bill won't care. However, my sales rep will care - 900 licenses is not small potatoes to him. Get enough people to care at his level and maybe you can get a regional sales manager to care, etc. etc. The alternative is to shut up and take it. It's the age-old gamble - if I do nothing, I'll get nothing. If I do something, I still might get nothing. But I might not...

    3. Re:Kwitcherwhinin! by base3 · · Score: 1

      Fair enough. Did you get anywhere with the regional rep?

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  177. Many users do not want it! Cannot tolerate it! by rufusdufus · · Score: 2, Informative

    I worked on the original Windows Update in windows 98. Before I left the project in disgust. Many people wanted to make it do automatic updates, and I adamantly opposed it, for all the obvious reasons. Cooler heads won the day. Apparently all the cooler heads went away and now only the Bozos are left.

    Automatic updates is impossible to do without destroying some percent of the the machines. Windows configurations can be very complicated, and very customized. Many many people use precise bit images of their machines to ensure reliability, repeatability, and consistency. If this automatic update thing kicks in against their will, chaos will ensue.

    The light at the end of the tunnel I can see is that this clause will not free Microsoft from responsibility of destroying data. Which will happen. Then I think they can be sued willy nilly.

  178. red hat network does the same thing... by Anonymous Coward · · Score: 1, Insightful

    Red Hat Network does exactly the same thing that the Microsoft EULA describes (automatically examines the version of Red Hat and RPMs on your system, and can auto download available updates)
    Of course, the slashdot story fails to discuss this, making it look like Microsoft is the only company in the world with auto updating software.

    I'm a Linux user, but have been disappointed of late with Slashdot's tendency to fail to research and present more than one side of a story. It's this aspect of Slashdot that is ruining it's credibility.

  179. Funny my Dell didn't tell me anything about it... by Anonymous Coward · · Score: 0

    My dell laptop came with XP preloaded and I can't remember if it prompted me about if I wanted Auto-update. I Might have clicked through a window claiming it would keep the computer more secure etc.
    So the first time auto-update broke a driver I spent 30 minutes sifting though controls disabling everything that looked pointless or evil. And there is a lot of bloat like Univeral Plug&Play. designed for home appliances to 'plug and play via ethernet or firewire' without needing a driver.

  180. Re:Maybe IT wants it by Anonymous Coward · · Score: 0

    Extremely useful to IT? Uh. NO.

    Most professional IT departments have made it their corporate policy to disallow WindowsXP from being used on their hardware and connected to their network. For example, at my place of business, installing XP is a terminatable offense.

  181. Ironic Coincidence by llywrch · · Score: 2

    > One is that Microsoft sucks for doing this... I think most people can agree to that.
    >
    > Two is that people are stupid if they don't read those agreements. They are so used to clicking next that anyone who
    > has agreed to this deserves to give thier info to M$

    As I read this, I noticed at the bottom of the page was this ``quote of the moment" from the folks at /.:

    > If you had any brains, you'd be dangerous.

    Geoff

    --
    I think I see a trend here. Maybe for them it really would be easier to muzzle the entire internet than to produce p
  182. Trolls. by GiMP · · Score: 3, Interesting

    You do realize that the GPL, BSD, and many other licenses you love.. also allow this. You can think of a software license like a firewall.

    Microsoft has a default deny policy, and then states what rights they and you have.

    Most open source licenses have a default accept/allow policy, only denying few things. When you agree to a GPL or BSD license, you are agreeing to the same thing as you have no warrenty.. just restrictions on what you may do with the source.

    All this is saying is that Microsft software is one step more 'free'.. Oh, how the slashdot trolls are afraid of their government removing their freedom, but more afraid of giving Microsoft some.

    Hipocrites. People make me laugh.

    1. Re:Trolls. by rabidcow · · Score: 3, Informative

      Uh, no.

      This is about Microsoft forcing you (so to speak) to give them permission to access your computer. Open source licenses do not force you to agree to allow the author/distributer to do anything with your computer. Open source licenses generally have no terms related to actual *use* of the software, they only apply to redistributing modifications to the source code.

      I think it pretty much all comes down to one thing: "Don't touch my stuff!"

  183. Don't Overblow this.... by kzeddy · · Score: 1

    It says '....MAY automatically check the version .... and MAY provide upgrades or fixes ....' .
    I think they are just covering themselves legally for a SERVICE that is installed on WinXP.
    You can turn it off by disabling Automatic Updates in Services.

  184. Real Purpose of the EULA by Anonymous Coward · · Score: 0

    The real purpose of the reworded EULA is so that Microsoft can, in the future, quietly scan your system to verify that you have purchased licenses for all their products. If they find you're using a duplicate serial number or installation code, then they know you have "borrowed" a copy from someone else. You can then expect to get a letter from the BSA or Microsoft themselves telling you to fork over $$. If you fail to do so, they will quietly and remotely disable the software they feel has not been properly licensed and paid for. The possibility exists that through bugs in Microsoft's software, they will disable software that HAS been paid for and is licensed.

  185. Reality Check by toiletsalmon · · Score: 0

    I'm sure you really felt like you "owned" your car whenever it got stolen and the theif was driving around in it while you're ass was taking the bus to work. Did they ever catch his ass? Probably NOT.

    "All pirates get caught..."
    Puuuuuleeeeeeease!

    Maybe all pirates that make millions of dollars, but certainly not all that USE it. Wake up!

    You fail to realize that once that CD leaves the store, it belongs to me and there's REALISTICALLY not a damn thing that anyone can do about it. If I pay for it with cash, there's no way you can ever PROVE that I even bought it, so how can you expect to know wheteher or not I have an illegal copy of it. Therefore it's MINE along with everything else on it.

    I bet you believe that most crimes are solved by the police, don't you? I've witnessed many more serious crimes that have never been solved, on the streets of the real world (where most of the M$ wankers wouldn't last 5 minutes anyway) NONE of this crap matters and it becomes a moot point after you get shot in the neck by the guy on the corner selling bootleg 2Pac and Windows XP CD's.

    What world do you people live in? Physical reality is the only one that really matters at all and if they can't physically enforce IP laws any better than they do now, I can't help but laugh at them and your comments.

  186. my 35 cents worth... by p01 · · Score: 0

    microsoft is just trying to make thier os more user friendly, at least thats what i think their trying to do

  187. Maybe some don't by Sloppy · · Score: 2

    If you would consider the average user for a moment.

    Average schmaverage! This is the same EULA the people in my civil government and military are probably agreeing to!! Medium or large businesses, which can afford to hire a computer dude to deal with updates (they have to hire someone anyway, just to clean up messes), have no need for this feature.

    What is wrong with having "convenient" features be optional? There is no good reason that something like this should be a requirement for using that product. Hopefully, people will find out about this and Just Say No.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  188. Re:For those of you who don't know... by darkmoon · · Score: 1

    I'm a dangerously underweight, obsessive-compulsive computer geek, and I sit here with my stopwatch, timing out twenty seconds to write a comment, then resetting the watch and timing out two minutes until the next one.

  189. Re:Your Sig, totally offtopic by arkanes · · Score: 1
    As long as we're all being offtopic here - a) you don't need to accept God. AA defines a "higher power", which can be God or anything else. It's a neccesary step because the 1st is admiting that you have no personal control. Not having any personal control, you need to put your faith in something else.

    b) - you can be court ordered to attend AA meetings, but you have no obligation to work the program. It's no different than courts ordering marriage counseling in divorce cases. There has never been a court order to "complete the program", because there is no completion - this is a basic tenent of the AA program. There is also no third party "asessing" your progress, and rejecting you if you don't "accept God". There's no boss, and no gold stars. AA is a support group and a methodology, it has very little structure and no authorities.

    Please learn a little bit about topics before you rant. Especially when it's offtopic.

  190. Re:Once again, Slashdotters want to have it both w by Anonymous Coward · · Score: 0

    That kind of behaviour would lose them the trial in a moment.

  191. Waitaminute! My pirated XP has a blank EULA! by Anonymous Coward · · Score: 0

    Anyhow, EULAs aren't binding. Never were, never will be.

  192. Re:Maybe the users want it: Yeah, Right by fishebulb · · Score: 1

    how is this insightful? you just backed up what the previous poster said. That it was infact running, except for the nonlazy people who did something about it.

  193. Turning Off Auto Updates by Sargent1 · · Score: 1

    Instead of performing the registry surgery yourself, you can use something like xp-AntiSpy, a nice piece of freeware which will let you do just that.

  194. Double Edged Sword by Eric+Damron · · Score: 1

    This could be a good thing or a bad thing. If Microsoft chooses to abuse its power it will be bad, if they just use it to keep everyone safe it will be good. You just have to trust that Microsoft has good motives.... I do....

    Now if you'll excuse me, Toto and I are going to see the Wizard....

    --
    The race isn't always to the swift... but that's the way to bet!
  195. Finally!! by Anonymous Coward · · Score: 0

    At last, somebody brings reason to this non-issue.

  196. The GOOD News by NSupremo · · Score: 1

    Maybe I won't get 50,000 hits per week from SirCam and CodeRed machines.

    Maybe this will MAKE FEWER PEOPLE WANT TO USE MICROSOFT TRASH. (Since 100% lack of security, originality, style and class seem to have no effect.)

    --
    http://en.wikipedia.org/wiki/2004_U.S._Election_co ntroversies_and_irregularities
  197. You can't buy Windows... by Sanity · · Score: 2

    ...you can only license it. That is why they call them "End User *License* Agreements". It is a legal hack to get around the obligations the software companies might normally have when one sells something to someone.

    1. Re:You can't buy Windows... by base3 · · Score: 1
      Have a look at this case in U.S. District Court in California, where a judge (who was obviously one of the few sane ones with regard to technology) applied a "duck test" to the purchase of a software package. Here's a relavent quote:
      The Court rejects Adobe's argument that the EULA gives to purchasers only a license to use the software. The Court finds that SoftMan has not assented to the EULA and therefore cannot be bound by its terms. Therefore, the Court finds that Adobe has not demonstrated a likelihood of success on the merits of its copyright infringement claim.

      The decision did acknowledge that the enforceability of a shrinkwrap license isn't as certain as Adobe or Microsoft would have us believe:

      These courts have refused to recognize a bargain in shrinkwrap license that is not signed by the party against whom it is enforced. In Step-Saver, the Third Circuit found that the terms of a contract were formed when the parties shipped, received and paid for the product. Therefore, the software shrinkwrap agreement constituted additional terms to the contract, and under Uniform Commercial Code 2-207 (governing commercial counter-offers), these terms were invalid without express assent by the purchasex. In contrast, other courts have determined that the shrinkwrap license is valid and enforceable. ProCD, 86 F.3d at 1453; Harmony, 846 F. Supp. at 212.
      As far as I'm concerned, the minute I have to sign an actual contract with a pen, there's a license. Until then, I bought my copy, meaning that nice things like the First Sale Doctrine apply. And the day shrinkwrap licenses become actually enforcable, they'll either become a hell of a lot more reasonable or I'll stick with software to which none apply.
      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  198. This really is damaging for our industry. by Anonymous Coward · · Score: 0

    Ppl keep commenting on the divisions of /.

    one thing is universal - we are all in the IT (yes broad meant to be) industry.

    This is about legal attempts from MS - NOT about their product (it can does and will change).

    Our industry is hurting, can't you guys see this is not about product or open source etc...

    for once surely we can all agree, using legals to manipulate a user (and the market) is wrong -- isn't this why MS has been in court already?

    The point is not if it is Unix/Linux/Windows - it is about the vendors acting sensible and building the industry that feeds us all, it is a great idea (having the choice) of allowing updates or not - but that is software and a CHOICE.

    It should not be presented in legal documentation that IS confusing and DOES allow for future abuse.

    I for one disagree with the division and think all platforms have good and bad points - but also realise that without some industry agreement of MORALITY (remember the trusting networks ??)
    then it will be never ending the battle to actually build REAL systems versus a new form of gambling that is about screwing everyone for money...

    Just an opinion,

    for those who need justification to allow
    my opinion to stand - I use;
    Solaris, Mandrake, MS NT4-98-2000-XP.

  199. Easy fix by pjt48108 · · Score: 1

    The easiest fix here is to take that PC you got, see, and unplug it, see, and replace it, see, you know, like, with a Mac running OSX.

    Hope that answers everyone's questions!

    Open the Flame Pit doors, HAL! Someone questioned the Intel paradigm!

    --
    Mmmmmm... Bold, yet refreshing!
  200. Re:Once again, Slashdotters want to have it both w by Tony-A · · Score: 2

    The mind boggles.
    It's a lot easier to fix these things before they get let loose.
    Afterwards, Microsoft is between a rock and a hard place. Nothing they can do will make everything all right again. Everything Microsoft does and can do will have problems and concerns. Do you really expect /. to keep quiet about such?

  201. Re:Maybe the users want it: Yeah, Right by Anonymous Coward · · Score: 0

    >Wow, you can finally change drivers without
    >rebooting?

    Sometimes. If you're lucky...
    Video drivers are particularly bad, and my XP system demands reboots in the weirdest situations. Hasn't crashed though...

    Also, a lot of shit software pops up a box on install that says you need to reboot before using it... about 80% of the time, this is rubbish.

  202. Well, they do have a Statement ... by Anonymous Coward · · Score: 1, Informative

    I dunno if anyone has posted this yet, just thought i would paste this off the windowsupdate site:
    Windows Update Privacy Statement Windows Update is committed to protecting your privacy. To provide you with the appropriate list of updates, Windows Update must collect a certain amount of information from your computer. This information includes: Operating-system version number Internet Explorer version number Version numbers of other software Plug and Play ID numbers of hardware devices Windows Update does not collect your name, address, e-mail address, or any other form of personally identifiable information. The information collected is used only for the period of time that you are visiting the site, and is not saved. To provide you with the best possible service, Windows Update also tracks and records whether the download and installation of specific updates succeeded or failed. Windows Update records the ID of the item that you attempted to download and install, and information about your operating system version and Internet Explorer version. The information that is stored cannot be associated with anything that is unique or personally identifiable about you or your computer.

  203. Re:Once again, Slashdotters want to have it both w by Tony-A · · Score: 2

    Says.
    Does.
    Microsoft quite often says one thing and does another. And does not say what it is doing.

    Remember the time-bomb in the auto-update feature of Red Hat 7.0. Did anyone actually get bitten by it?

  204. Re:Once again, Slashdotters want to have it both w by Bronster · · Score: 2

    It really happens... You cannot turn off auto updates in XP

    Sure you can - you just need to perform some registry surgery. Anybody know the keys in question?

    More to the point, you probably want to find the executable and replace it with the moral equivalent of /bin/true. That way the system will happily think it's running it. Maybe /bin/sleep 500 would be a better option (if it wants the program to run for a bit).

  205. Nah, this one's close to legit by werdna · · Score: 2

    Sure, M$ has it in mind to overreach on this one, but I gotta tell you, a lawyer advising M$ who didn't advise her client to get express permission to check and pass data to a server risks claims of Computer Fraud and Abuse. I'm here to tell you that CFAA class actions have been asserted for far less.

    Since CFAA claims today can result in severe civil liability and serious criminal responsibility, I'm actually inclined to cut Microsoft a break this time.

  206. Really? by Tibe · · Score: 1

    Wow, it took this long for someone to actually bother to read the EULA.

  207. Re:Once again, Slashdotters want to have it both w by Tony-A · · Score: 2

    I had IIS running on NT4.
    Did not get Code Red.
    Not patched.
    Not firewalled.

    (no gateway)

  208. That's it... back to the C64 by Anonymous Coward · · Score: 0

    I've had it with all this microsoft bull$#!+ i'm digging my commodore 64 out of the closet and dusting it off!

    1. Re:That's it... back to the C64 by Theta116 · · Score: 1

      I feel the same way...I still have everything for my Commodore 128. The old GEOS software, NEVER crashed.

  209. Re:Maybe the users want it (not the sysads!!) by jkrise · · Score: 1

    This is going to be a nightmare for the poor System Admin chaps out there (MS gets to be the BOFH, remember!!) In a network of a 100 machines, and with 30 unique configs, how is MS gonna decide which is a patch, which is a bug-fix and which is really a security hazard?? What if the sysad specifically wanted to provide a certain combination of versions to a certain user? And what if (as noted frequently) MS does'nt get it right? Remember the IIS patch which hung systems and networks for weeks? The poor sysad is gonna break!! To top it all, mgmnt guys will say, "Heh, we've got MS to keep our network up. Why not bring down our sysad team?" Eeks.

    --
    If you keep throwing chairs, one day you'll break windows....
  210. Hope my warz are safe by jamesconf · · Score: 1

    Dmait I hope MS does not find my copy of Man... nevermind I am runing linux. what was I thinking

    -- any one elses thinks it's funny that there are linux warez news group--

  211. Stupid stats agains by MarkLR · · Score: 1

    Its the supid stats of death. Get a clue, the number of people killed has no relevance to who is right and who is wrong. Nor does it discribe who wishes the numbers of killed on both sides would lower and who wants to kill everyone they hate.

    1. Re:Stupid stats agains by linzeal · · Score: 1

      When israel answered rocks with guns from the begining it became unbalances and it is even more so today.

  212. Just run UnPlug n' Pray by Oink.NET · · Score: 1
    It really happens... You cannot turn off auto updates in XP.

    Download Steve Gibson's UnPlug n' Pray here. That will do the trick. The page also contains a good description of exactly what is wrong with UPnP.

  213. Re:Many users do not want it! Cannot tolerate it! by Sp0r · · Score: 1

    You can't sue a software company over software they produce. It's protected by law, so it don't matter if it destroys data or not, there's nothing that can be done to MS.

    --
    I am Sp0r, Scourge of the Cosmos!
  214. Re:A Bridge too far...Can I just jump over it? by screwtheNSA · · Score: 0

    According to what I have learned in the past concerning "licenses" and such; one is bound only to the terms of the license that was originally included and signed, no others are legal or binding as the document/s first agreed to never included information or warnings that any such license could, at will, be changed, modified, rescinded or denied. Based on land contracts and property sales, ONLY the first, original document is legal and binding IF it is signed by both seller AND purchaser, with every clause well defined and retained rights of the seller are previously known to the purchaser BEFORE the "license" or "contract" is signed and/or notarized. Not one legally binding contract or license is one-sided! Two parties MUST sign any and all documents before being legally bound to said contract or license.

    --
    206.39.38.2, DDN-BLK-36, DOD NET INFO CENTER. 800.365.3642 206.36.0.0-206.39.255.255 NET RANGE.
  215. One more reason by Anonymous Coward · · Score: 0

    to use LINUX...

    Tell Bill Gates to bow to the penguin!

  216. I'll tell you why by boky · · Score: 1

    Let me just try to explain it like this:

    I work for a smaller web company. We have made a web site (and some acompanying software) for a big firm in our country with a large legal department.

    While they are using M$ products (they own more than 200 licences for Word), they read through our EULA very thrurally and wanted us to give 1-year guarantee (we settled for 6 months) on our software.

    I did not help us to point out that MS guarantees their software will function as specified for only 1 or 3 (I can't remember which) months after the purchase.

    My opinion is that they simply don't care anymore: "Everybody's using it, so someone must have read through. And, anyways, is not as we can change anything."

    --
    boky
  217. Disabling autoupdate in WinXP by chrisvdp74656 · · Score: 1

    Right-click on My Computer, and choose Properties. On the Automatic Updates tab, choose to install updates manually. Apply and OK.
    Right-click on My Computer and choose Manage. Browse to Services. Right-click on Automatic Updates and choose Stop. Right-click again and choose Properties. Set Startup Type to Disabled. Apply and OK.

    You should have no further trouble. I'm not.

    Chris

    PS. If you then go into the system properties and look at the Automatic Updates tab, it will say that the Windows Update service is unavailable. :-)

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  218. Re:Once again, Slashdotters want to have it both w by Anonymous Coward · · Score: 0

    For what it's worth, it seems apparent to me that auto-update works only for critical updates, which are reserved for security patches. I have it turned on, and I can still visit the update page and find updates waiting. It doesn't autoupdate device drivers, for instance (and well it shouldn't: the current nvidia drivers cause my machine to reboot randomly, so I must use an older set).

  219. The REAL Issue by Anonymous Coward · · Score: 1, Interesting

    is that microsoft has claimed the legal right to aggressively modify your system, without asking your permission. They are not currently doing so, but they are claiming the legal right to do so. This is WAY over the line. Make 'em take it back!

  220. Re:Red Hat's up2date, and a size 13EE up the butt. by screwtheNSA · · Score: 0

    You forgot one very basic premise here; it's called PERMISSION to access PRIVATE PROPERTY!

    No matter if it is a computer or real estate, the same protections apply all the time. M$ does NOT have any "right" to access your private property without your consent, and they can not deny your rights just because the EULA says so. No person, corporation or even the government has the authority to decide for itself that your rights do not apply. M$ can't arbitrarily trespass and snoop your computer without your specific permission, and to do so IS a criminal act according to private property laws. M$ would have to cross ONTO your property, albeit by proxy, in order for them to "check" your property for "updates" and "compliance", no law or laws can be made by a corporation that grant specific rights to themselves to trespass "covertly" and steal private information for their use.

    For M$ to do so willingly would grant them a trip to court for criminal trespass, breaking and entering and also criminal damage to property with the "intent" on industrial espionage(yes, it's still espionage in that M$ IS an "industry".).

    M$ could not afford to fight a drawn out battle on several "fronts" that would surely arise if they were "found" snooping and stealing files and data from private property, both corporate and private.
    They could not survive a few hundred thousand suits claiming theft, espionage, and trespass.

    Really, what else could one call a corporation's snooping and theft of private property and information? What"use"does/would M$ have for information that is not "normally" available to a person or company without having "intimate" knowledge of that person or company/corporation?

    If simple, unenforceable EULAs become the norm in the U.S., then that very "agreement" could simply be written on a note and taped to a door by a theif that wants your stereo system...hell, he provided a EULA outlining his intentions, it was "delivered" to you.......Trespass officer? I think NOT! I forwarded my EULA to them, they didn't "object" to it, so I assumed my "right" to enter into the property.

    *Reading this message indicates to us that you are in agreement with the planting of our feet far up your behind, and any damages that arise from the application of this EULA, you hereby agree to hold harmless, all persons and actions and also waive any right/s to remedy or redress under this agreement*

    --
    206.39.38.2, DDN-BLK-36, DOD NET INFO CENTER. 800.365.3642 206.36.0.0-206.39.255.255 NET RANGE.
  221. Redhat has up2date by Anonymous Coward · · Score: 0

    Hey !
    even rehat has an autoupdate feature which has to download information about every program installed on your computer for it to work ! and noones complaining about prvacy there...

  222. Am I legally bound by this? by oz1cz · · Score: 1
    I've always wondered if this kind of contract is legally binding.

    If I press the "Accept" button on a license splash screen, is that as legally binding as a signature?

    And what about software wrappings that say, "By opening this package you indicate your acceptance of the following terms..."?

    Doesn't a contract need a signature to be binding?

  223. Re:Once again, Slashdotters want to have it both w by Air-conditioned+cowh · · Score: 1

    If it wasn't Microsoft then auto-update would probably be useful. I would be quite happy for my Linux distro to update itself, for example, because I know the disto would issue patches in good faith.

    Not so with Microsoft.
    Their patches are more-or-less gauranteed to...
    1) Break compatibility with non MS operating systems,
    2) Enforce content protection,
    3) Extend their Monopoly by the above and other means.

    Also, one big issue here is that auto-updates should be something the user has the right to choose, not something that is legally enforced by the vendor.

  224. I wonder... by bigredneck66 · · Score: 1

    ...if XPAntiSpy would get around that anyway?

    http://www.xp-antispy.de/index.html?/news-e.htm

  225. Re:Once again, Slashdotters want to have it both w by Anonymous Coward · · Score: 0

    [quote]
    I do see this as a privacy concern, because it is only with XP that windows update does not say "this is done without sending any information to microsoft."
    [/quote]
    Actually, think about this for a second. They do not need to send any information at all from your computer, and they'd still know what you are running (tho the "you" part is FAIRLY anonymous, since they only have your (firewalls/proxys) IP).
    It determines what updates you need and sends you to the download page. They can just take the info on the updates that are selected for you in stead of sending the same info from your pc..

    Legally, that sentence doesn't mean anything(tho IANAL) and they still get all the info you need, just not by sending it to you.

  226. WE NEED RALPH NADER by inKubus · · Score: 1

    ...don't you think?

    --
    Cool! Amazing Toys.
  227. Re:First "First Post" discovered! by Mike+Mentalist · · Score: 0

    No WAY! How can that be modded 'Offtopic'?!?

    It should be +10 Fucking Hilarious!

    Didnt you you fagshits realise parody is covered by law...?

    --
    I put my books on Amazon, Smashwords, Demonoid, ISOHunt and Pirate Bay. Search for 'Michael Cargill'
  228. Completely and utterly missing the point by eclectric · · Score: 1

    One of the major features of WinXP is its auto-update feature. This is not a feature that most of us on slashdot would use, but for novice home users it's critical that the software (read: bug) updates that are posted be installed as automatically as possible. The whole reason that the problems with MS happened last year was because end users are idiots and both don't know how to properly use email and don't upgrage their software. This is a Good Thing {tm}. Those of us that don't want features like this can always turn them off.

  229. Plain English by Godwin+O'Hitler · · Score: 1

    Please read this:

    Then this:

    Then petition your government to pass plain English laws too. It's not just corporate lobbying that gets results. Public interest lobbying sometimes does too.

    --
    No, your children are not the special ones. Nor are your pets.
  230. Most of you people are nitwits.... by CrabCakeJimmy2k · · Score: 0
    After reading many of the threads in this article, I have realized once again that most of you people are nitwits.

    I have read speculation posted as fact. I have read people say "Why don't they do this....?" when they already do. I have read the ridiculous rantings of anti-MS zealots who have no friggin clue what they are talking about. I have read the stupid opinions agreeing with the aformentioned clueless zealots.

    I remember when Slashdot was a fun and informative place to hangout. Now it seems to be dominated by nitwits.

  231. Re:Once again, Slashdotters want to have it both w by markmoss · · Score: 2

    The EULA does not say that Microsoft can automatically upgrade if you want them to -- it says that simply by running XP you give Microsoft permission to enter your computer and upgrade your software. This could even be construed as you agreeing not to turn off the auto-upgrade...

    Oh yes, and if the "upgrade" fscks your system, it's your problem, not Microsoft's.

    If the intention is really just to give MS legal cover for auto-upgrade when the user selects that, the proper place for the legalese is not in the EULA, but in the dialog window that enables auto-upgrade.

  232. nothing really new by scharkalvin · · Score: 1

    MS has for the past few years automaticly been sending notices via the internet when a new version of IE is available. Yup, every time you start IE it 'phones home' to see if an update is available. If you decline it, it seems to put a cookie in your registery to remind you the next time you start the computer. I just ingnore it since I don't know if I WANT IE6 yet. Now they may be doing this with other software. No big deal.

  233. Re:Maybe IT wants it by shokk · · Score: 1

    Same thing at my place as part of policy I helped push. But is it inconceivable that a place that does use XP would want this, albeit under the restrictions that I mentioned? If this whole "trusty computing" thing actually happens (another inconceivable?) then places moving to Windows XP would find this useful. They are already doing this with Windows Update Federated Server for Win2k/XP, though not to the extent of putting it into the EULA.

    --
    "Beware of he who would deny you access to information, for in his heart, he dreams himself your master."
  234. Re:Maybe IT wants it by Andrewkov · · Score: 1
    I can see this being extremely useful in IT

    I dunno, I support about 200 windows desktops. How much bandwidth will this use? What if one day an update screws all 200 PC's? The business will screech to a halt.

  235. You can turn it off in the legalese by gotan · · Score: 2

    Or, to be more precise, the legalese applies anyway, if you have the autoupdate on or not. So if MS has another hidden backdoor (maybe not now, but a few years down the road) the legalese allows MS to fiddle with your system, and even turn it into a quake-server if they see fit (or maybe let it sniff your net for unlicensed software). The Article sums it up quite nicely, asking, why Microsoft didn't make these terms specifically apply to the autoupdate, if that really is what they intended (as they say), i can believe their lawyers are incapable of doing it right the first time.

    I think it just the tactic to push the boundary as far as it can go, and maybe trace back a step when caught on it. And had noone pointed it out and raised a ruckus, Microsoft would happily have it left unaltered, and in a year or so with the next version of Windows or another update you wouldn't find an 'off' button for the autoupdate feature, and, when complaining about that, find out, that you allowed it long ago.
    --

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
  236. Especially since *they* could be screwed by gotan · · Score: 2

    The article mentions, that some firms have legal contracts with their customers (which might even be the government), which conflict with this EULA/PUR. So if i where a customer, i could drag them to court over the fact, that due to their contracts with microsoft they can't grant me the rights i have due to my contract with them (like confident handling of my information).

    While there's nothing to win in this, someone might just do it to see the shit hit the fan, and i think the FSF should just use that approach, if only to draw more attention to how restrictive software licenses have already become. Also any big corporation using software with such license agreements shold consider how they're open to legal attacks through this: anyone could drag them to court, and even if that only results in bad publicity, that's already a lot of damage.

    Since Microsoft would laugh anyone privately challenging them over their EULA out of court it's only wise to use some large corporation as a lever.
    --

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
  237. Re:Red Hat's up2date, and a size 13EE up the butt. by DavidTC · · Score: 1
    Wellm, no one's claiming that EULAs will actually stand up in court, but MS pretends they do, and that means MS thinks it has permission to come into your computer.

    It's not trespassing, assuming the EULA is legal, as you granted them permission. (Note it could be breaking and entering, still, if they have to get pat a firewall.) If someone has permission to log into your computer, then it's legal, and people clicked 'okay'.

    Now, as to whether or not this is legal, I don't know, I get a minor to install my software. I seriously doubt it, though.

    But that doesn't mean MS doesn't think it's legal. They think they have a perfect right to play around inside any computer running XP. That's what's upsetting.

    --
    If corporations are people, aren't stockholders guilty of slavery?
  238. Good Point by Self+Bias+Resistor · · Score: 2

    In that case, maybe I should change it back to the original slogan of "There is no problem that can't be solved without the proper application of high explosives", eh? ;-)

    --

    ----------
    When the pin is pulled, Mr. Grenade is no longer our friend.

  239. Re:Red Hat's up2date, and a size 13EE up the butt. by nagora · · Score: 2
    Now, as to whether or not this is legal, I don't know, I get a minor to install my software.

    Another issue is: can you enter into an agreement with a machine (which is asking you to agree), and even if you can is your computer a duly-appointed representative of MS? Mine isn't, and if it was I'd get a new one.

    TWW

    --
    "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  240. Re:Once again, Slashdotters want to have it both w by Keith+Russell · · Score: 2

    There's a difference between stopping a service and disabling it. Check the Services console (Control Panel\Administrative Tools\Services). If the Startup Type on "Automatic Updates" is set to Automatic, it will restart every time you reboot. To stop it permanently, double-click it, and set Startup Type to Disabled.

    --
    This sig intentionally left blank.
  241. Not Quite... by TWX_the_Linux_Zealot · · Score: 1

    What about OEM installs of Windows? People who buy a computer from Office Max or Wal-Mart don't ever get the 'Agree/Disagree' prompt. Usually there's a little book that says 'For distribution only with a new PC.' inside the box, but does it ever say anywhere 'Read me or die a horrible death?'"

    Actually, when the user first boots a new OEM computer, Microsoft's OSes load the whole "do you agree?" routine. If you say now, they either simply shutdown, else they nuke the bootsector and shut down (I cannot remember which).

    --

    IBM had PL/1, with syntax worse than JOSS,
    And everywhere the language went, it was a total loss...
  242. Re:Pretty reasonable by korgull · · Score: 1

    I agree, but I'd like to add that also people in companies often have no choice. The company regulation is often not so that one can just use the OS he/she likes.

    If XP (which I don't use yet fortunately) doesn't allow any user influence on the automatic upgrades, I can only say that it can never be used for professional market.
    How can they ever guarantee that nothing breaks down after an upgrade ???
    They can never test their upgrades to this level.
    What I mean is, check wether existing windows software (no matter what) keeps working after such an upgrade.

    Microsoft doesn't have any right to look into company PC's and if they do they should be sued like any other guy breaking into someone else's system. What's the bloody difference ?

    I guess I'm getting a bit paranoid and this isn't really true. MS wouldn't be that stupid, or are they ?

  243. Re:For those of you who don't know... by korgull · · Score: 1

    oops, you where too fast too :-)

  244. mR. bILL wants YOU to buy XP by Hawat · · Score: 1

    Geez, Micosoft wants to violate our corporate software policy at will in order to grant us the privilege of buying (excuse me, perpetually renting) their bloated, insecure, overpriced, buggy software (only in the sense that it is not hardware).

    I think the challenge of finding the security holes after they've "upgraded" my computer on their schedule with the lastest "Code Red Attractor" patch could be a bit of fun.

    If you add the monetary punishment of their new licensing requirements to that, it's really quite compelling.

    But wait, if you call in the next 10 minutes we'll include "gathering information about other software on your computer" SO WE CAN DESIGN THE NEXT PATCH TO BREAK IT, if it isn't from Redmond.

    They have found out that their customer base has a one to one correspondence with membership in The Masochist Society for the Feeble Minded.

    All right, THAT'S IT! I'm taking up a collection to bribe the Justice Department to reinstate...

    No wait, they screwed up already.

    Instead, we'll bribe the DEA claiming MS software is a mind damaging drug.

    No wait, this is true.

    We just need to get those Narcs to do their job!