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Microsoft XP License Prohibits VNC

jhml writes: "Looks like the monopoly muscles are flexing. According to this article in Infoworld, the XP license prohibits products other than from Microsoft's from being used to remotely control an XP workstation. So ... guess they were having a little trouble with VNC being widely used?"

276 of 782 comments (clear)

  1. That doesn't mean VNC won't run. by Bonker · · Score: 4, Informative

    I was curious, so I installed XP a little while back. Ran just fine with two different versions of VNC

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    1. Re:That doesn't mean VNC won't run. by _J_ · · Score: 2, Insightful

      Ditto,

      I used it to control a buddy's computer and set up the software to allow him to take over my machine in turn. I had no problems getting it running - other than doing the IP forwarding thing on my firewall.

      I understand it works for all sort of machines, too. Take that microsoft terminal server!!!!

      The fact that it's free, performs the same functionality as TS but works on multiple platform means that it totally rules.

      anyway....

      J:)

    2. Re:That doesn't mean VNC won't run. by secolactico · · Score: 3, Informative

      But it means the world if you ever get a software audit. The IT people where I work are paranoid on this case and the follow licenses to a T since it means a huge fine for the company (and the behind of the IT head).

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    3. Re:That doesn't mean VNC won't run. by madenosine · · Score: 2

      Microsoft Terminal Server?

      You mean remote assistance?

      Assuming you do, remote assistance is much more efficient than VNC; instead of regularly sending JPEGs, like VNC, the remote assistance program simply can send the window styles, etc. to the other computer, the location of the windows, and the description of the contents, and after that it only has to send changes in things like window location, window size, etc.

      If only it would work on other platforms.... (which would be extremely hard to do, esp with the huge amount of window managers out there)

      On an unrelated note, I saw XP ads all over that webpage

    4. Re:That doesn't mean VNC won't run. by xonker · · Score: 4, Insightful

      remote assistance is much more efficient than VNC

      Maybe -- but the point of the discussion is whether you're even allowed to use something else.

      Microsoft's remote assistance might be better than VNC -- but they should have no right to tell users that they can't use VNC. If you pay for XP (or get it preloaded...) you should be able to use it any way you choose.

      I do wonder if that clause in the license was meant to prevent using VNC, or if it was an attempt to prevent multiple users from accessing a single Microsoft box and running multiple instances of Office or something like that. Perhaps the author of the original story should have contacted M$ and asked what their take was on that. I'm sure that they would likely have disavowed that they were trying to prevent using VNC in conjuntion with XP. (I doubt they could enforce it anyway...)

    5. Re:That doesn't mean VNC won't run. by Zagadka · · Score: 3, Informative

      VNC doesn't send JPEGs, nor does it regularly send the entire screen over the wire. It only sends rectangular areas of the screen that have changed. This is potentially less efficient than sending what is effectively GDI over the wire, but it isn't nearly as bad as you make it out to be. VNC works fine for running typical apps over a DSL connection, and is more than adequate for remote system administration on a LAN.

    6. Re:That doesn't mean VNC won't run. by Progoth · · Score: 2, Informative
      VNC doesn't send JPEGs, nor does it regularly send the entire screen over the wire.

      TightVNC can use jpeg encoding. good stuff. check it out.

      on another note....wasn't this in the win2k license also?

    7. Re:That doesn't mean VNC won't run. by ncc74656 · · Score: 2
      To borrow another program's catchphrase, VNC really whips the llama's ass. :-) I've even switched people away from pcAnywhere to VNC...combine it with an SSH client that can do port forwarding and you can establish a secure connection to any machine behind a firewall. I use it all the time to talk to my Win2K box at home from my Win2K boxen at work, both of which sit behind Linux firewalls. I've never been able to get pcAnywhere to do that. (VNC doesn't do file transfers...but that's why you have scp.)

      I had WinXP up and running for a short time at home. VNC worked well enough, but some of the CD-burning and video-editing apps that I've used forever under Win2K started to fall apart under XP. Win2K is back on that machine, but now I've slapped another couple of hard drives into the machine. It's running SuSE 7.3 off a FireWire drive right now so I can build up an LFS system, as I'd like to see if Linux will handle the video capture and editing stuff that I'd like to do. If the software is out there, this might be the time to try kicking the Windows "habit" again.

      (I know this is veering offtopic, but does anyone have experience with video capture, editing, and encoding under Linux? I have an All-In-Wonder Radeon and a Philips HDR112 with TiVoNET, and I'd like to make SVCDs under Linux...that involves capture, conversion to a lossless format for editing, encoding to MPEG-2, mastering, and burning. I know the software for the last two steps exists (I've been using VCDImager for mastering under Win2K, and cdrecord ought to handle burning), but what about the other stuff?)

      --
      20 January 2017: the End of an Error.
    8. Re:That doesn't mean VNC won't run. by spectral · · Score: 2, Informative

      hmm, i'm in linux and just 'remote desktop'd in to a windows XP box.. the program to do so is called, remarkably, rdesktop .. works very nicely.

    9. Re:That doesn't mean VNC won't run. by KernelHappy · · Score: 2, Insightful

      You are correct, even TightVNC with its compression ability is less efficient than using X. VNC really shines by being easy to set up, small to download and compatible with many platforms.

      For me the primary reason to use VNC is the small download and cross platform ability. The VNC client is small (500KB IIRC) and there is even an applet version that the host computer can serve to a calling browser. That doesn't mean I don't use X, just that I prefer different tools for different jobs.

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    10. Re:That doesn't mean VNC won't run. by runep · · Score: 2, Informative

      Remote assistance or administration or whatever Microsoft calls it these days work fine with rdesktop. I use it regularly to access my XP pro at work from my linux machine at home.

    11. Re:That doesn't mean VNC won't run. by xtremex · · Score: 3, Informative

      There is a terminal server client for Linux called rdesktop. I have an old crappy laptop running win2k sitting in the closet that I access remotely if i happen to need a windows app. Works great.

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      If you're not a Liberal in your 20's, then you have no heart.If you're still a Liberal in your 30's you have no brain.
    12. Re:That doesn't mean VNC won't run. by xtremex · · Score: 3, Interesting

      Yeah..I never comprehended using VNC with a Linux/UNIX application. Remote desktops are a NATURAL thing on Linux.
      Just ssh to the host and run your app. If your feeling really nifty , do a X :1
      and run the entire desktop remotely

      --
      If you're not a Liberal in your 20's, then you have no heart.If you're still a Liberal in your 30's you have no brain.
    13. Re:That doesn't mean VNC won't run. by xtremex · · Score: 2

      I've used remotely anywhere...basically a web based PC anywhere with a VNC clone built in..easier and quicker to use thean PC anywhere. Why? It's cross-platform because it'sa Web based app

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      If you're not a Liberal in your 20's, then you have no heart.If you're still a Liberal in your 30's you have no brain.
    14. Re:That doesn't mean VNC won't run. by CaseyB · · Score: 2
      How do you audit that? All an auditor would find would be a VNC server running on the XP box, and a VNC client installed elsewhere. Neither of those, if not used together, are illegal, even under MS's silly license.

      You can't give someone a speeding ticket by auditing their garage and finding a car that is capable of going 100mph.

    15. Re:That doesn't mean VNC won't run. by BlowCat · · Score: 4, Insightful
      You can have a desktop full of open windows that survives when you reboot your PC or turn it off for the weekend.

      When I worked in New Hamphire, we had power outages quite often, but the server had a UPS. Users could continue to edit the same documents or even continue debugging after the power was restored.

      The server was running Linux, the clients were both Linux and Windows based.

    16. Re:That doesn't mean VNC won't run. by Lumpy · · Score: 3, Informative

      you obviousally never have used tightVNC.
      I can get near realtime response on a 33.6 modem connection (and that kiddies is all you can get from 56K modems without having a T1 line and a $12,000 modem rack at the other end.) It's faster , better and you can even increase the jpeg compression so high that you get insanely fast comms with some very tolerable artifacting. (you can read it but most graphics have the wierd over-compressed look to them.)

      and best of all VNC/TightVNC is free, open source, and compatable witha huge range of computers and platforms... something that microsoft has yet to have the technology to accomplish.

      Nope, they tried to shovel that MS solution down our throats here at corperate... It was mysteriously was deleted, and TightVNC is used instead... (Wonderful how the IS/IT policy is written so that any freeware and Open Source is allowed in the company.... and how if they try to complain I just ask why it says evaluation copy- please register on some of the "tool apps
      " they sent us and isn't that a violation of copyright and I should call the BSA?

      The weenies at deployment and the NOC shut up quite quickly when threatened with the BSA.... See they are useful!

      --
      Do not look at laser with remaining good eye.
    17. Re:That doesn't mean VNC won't run. by Richthofen80 · · Score: 3, Insightful

      I'm toying with an analogy in my head here.

      I'm thinking, if microsoft really didn't want VNC to be used, why not do some programming voodoo to make it crash or something?

      I think the end user license is kind of silly in forbidding software a user can run. I think its more that microsoft won't support XP configurations running VNC, not that they want to ban people from using it. Or maybe they do, in favor of their built in remote admin stuff.

      I can think of an analogy of someone buying a car, and reading the owners manual which says "please only use 'GM/Ford/your car company's name here' oil filters when changing oil, or this company's spark plugs when doing a tune up" ... it's a suggestion, and if you blow your engine by using a crappy oil filter or something , I don't think the warrantee would cover it. Same here, Microsoft probably just doesn't want to support software , so they tell you not to run certain software.

      Although I think its kind of silly, VNC is incredibly useful, even over slow dial up connections.

      --
      Reason, free market capitalism, and individualism
    18. Re:That doesn't mean VNC won't run. by Enahs · · Score: 2
      instead of regularly sending JPEGs, like VNC, the remote assistance program simply can send the window styles, etc. to the other computer, the location of the windows, and the description of the contents, and after that it only has to send changes in things like window location, window size, etc.

      Well, whatever; VNC doesn't send JPEGs. It uses its own format (unless TightVNC uses JFIF; I don't know) and most of the time only sends info on what has changed on screen.

      Thanks for sharing your ignorance, though.

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      Stating on Slashdot that I like cheese since 1997.
    19. Re:That doesn't mean VNC won't run. by Zagadka · · Score: 2

      While TightVNC is cool, if someone says "VNC" I think it's fair to assume they mean the original VNC, not TightVNC.

      Besides, the OP seemed to be implying that VNC regulary sends screenshots, when in fact it only sends updates of the rectangles that have changed.

    20. Re:That doesn't mean VNC won't run. by uberdood · · Score: 2

      The only thing it lacks is a built encryption scheme, and file transfer utility.

      And it isn't lacking that. Doesn't EVERYONE tunnel VNC through SSH? It solves both problems.

      --
      "Population 1,656"
  2. No difference... by JPriest · · Score: 4, Funny

    I never could get the sub seven client to run under wine anyway...

    --
    Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
  3. ssh ? by jkujawa · · Score: 5, Interesting

    I wonder what they think of people using SSH to remotely log-in to a windows box. I believe that the openssh daemon compiles natively under cygwin.

    1. Re:ssh ? by jallen02 · · Score: 2, Interesting

      Not only that, I have the SSH daemon running as a service under W2K professional. I even use VSS command line stuff and work remotely using vim with a SSH daemon running on my office work machine. How is that for cool. I think I would go insane if I did not have Cygwin on my windows workstations.

      Jeremy

    2. Re:ssh ? by SirAnodos · · Score: 2, Insightful

      Yes! Let's here it for cygwin! I totally agree with you, if it weren't for cygwin, I too would go insane whenever using Windows. When forced to use Windows, make it seem like Unix. Life is better.

    3. Re:ssh ? by Wakko+Warner · · Score: 3, Funny

      What the hell good is SSH on a windows box? Ooh, I can run "cmd.exe".

      - A.P.

      --
      "Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
    4. Re:ssh ? by mark_lybarger · · Score: 4, Insightful

      from reading the license, it appears that ssh is also excluded (though probably not a popular and noteworthy for the article).

      "Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described below, you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product or Product's user interface, unless the Device has a separate license for the Product."


      this is really stretching it, but say you've got a dual boot machine with linux/XP on it. by reading this license you can't boot to linux and remotely run any software on the box. maybe "Workstation computer" is defined someplace else in the license to only include that area of the computer with the xp install, but i'm not counting on it.

    5. Re:ssh ? by ncc74656 · · Score: 2
      I wonder what they think of people using SSH to remotely log-in to a windows box. I believe that the openssh daemon compiles natively under cygwin.

      You don't even have to compile it...you can install it as you install Cygwin. If you copy ssh.exe and cygwin1.dll to a {floppy|Zip|DiskOnKey|etc.}, you can run it on a machine that doesn't have Cygwin installed (works fine in cmd.exe).

      --
      20 January 2017: the End of an Error.
    6. Re:ssh ? by Lord+Ender · · Score: 4, Interesting

      you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation Computer To me, this looks like it is against the license to have a server with CGI on a WindowsXP computer. That is a much bigger deal than the VNC thing, in my opinion.

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    7. Re:ssh ? by gclef · · Score: 3, Informative

      Ooh, I can run "cmd.exe".

      and with cmd.exe, I can manage a machine. You don't really think that I GUI log into 300 machines to install a patch, do you?

    8. Re:ssh ? by Anonymous Coward · · Score: 3, Interesting

      From my reading, you can't even use a non-microsoft monitor.

    9. Re:ssh ? by Wakko+Warner · · Score: 2

      and with cmd.exe, I can manage a machine. You don't really think that I GUI log into 300 machines to install a patch, do you?

      This is a great thing, until the patch requires a reboot and some of your applications have dialog boxes that need clicking before the machine'll shut itself down. Actually, VNC is just as shitty for this reason, though.

      You haven't shown me how cmd.exe can fix many problems you'll encounter when remote-managing an NT box, though. (IPKVM switches are probably the closest way...)

      NT just wasn't designed for easy remote-management; this fact is woefully apparent in my experience.

      - A.P.

      --
      "Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
    10. Re:ssh ? by cannonball_D · · Score: 2, Insightful

      "run other executable software residing on the Workstation Computer" What about ActiveX?

    11. Re:ssh ? by Wakko+Warner · · Score: 2

      I'm approaching it with an NT sysadmin mindset. Not everyone runs their programs on an NT box as services, either out of ignorance or necessity.

      - A.P.

      --
      "Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
    12. Re:ssh ? by adamsc · · Score: 2

      You can start a reboot which will kill open applications which don't quite when asked nicely.

      In my case, I install updates remotely using a bit of Perl which only starts the install when someone isn't logged on and restarts the machine afterward. It only takes a couple passes to get everyone and most users never even notice.

    13. Re:ssh ? by sheldon · · Score: 2

      "NT just wasn't designed for easy remote-management; this fact is woefully apparent in my experience."

      Funny, I've never had any issues with this. Especially with Win2k. Most administration can be done via a command line, and if not there are plenty of tools that connect remotely such as regedt32, etc.

      I hope you realize .NET Server will have the option of running headless with nothing but a serial port. You have to have x86 hardware specifically designed for this, but it's coming... This will allow .NET Server to run on server blades quite easily.

    14. Re:ssh ? by rseuhs · · Score: 2, Insightful
      You are approaching this with a workstation mindset.

      Isn't Windows used mainly on the desktop?

      Isn't Windows a piece of shit on servers?

    15. Re:ssh ? by leto · · Score: 2

      And it makes GnomeMeeting illegal too (unless I could use another XP licence for that)

    16. Re:ssh ? by Cally · · Score: 2

      What the hell good is SSH on a windows box? Ooh, I can run "cmd.exe".


      Cygwin comes with ports of tons of the GNU tools including bash, grep, ls, blah blah hundreds more. It's the first thing I install when I start somewhere new (like I did last week) and the PHB's force me to use Windows for work.

      I'm appalled and amazed by this. Can Microsoft really get away with a licence that forbids you from using your computer in a particular way? Do they really think they can forbid people from running an entire CLASS of programs??? It really beggars belief. How have these bastards got away with this crap for so long?!

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    17. Re:ssh ? by rseuhs · · Score: 2

      Well, "borgboy" if Windows is so great on servers why does it's marketshare go down the drain?

    18. Re:ssh ? by arkanes · · Score: 2

      afaik, there isn't one, but you can do clever tricks with calling the shutdown API with rundll.exe. I forget the syntax, however.

    19. Re:ssh ? by sheldon · · Score: 3, Interesting

      The redesign doesn't need to be done to fit the Microsoft OS, it needs to be done to manage the devices.

      Right now BIOS settings, and the POST bootup stuff only go to the video device. That needs to be modified to redirect to a serial console. Right now to do this, you need to use a add-on board such as Compaq's Remote Insight.

      This new hardware design spec would also benefit x86 Unices.

    20. Re:ssh ? by Rev.LoveJoy · · Score: 2
      Yes, almost every shipping resource kit for NT 4.0 through win2k contains the SHUTDOWN.EXE program (which is normally run as GUI but can be passed command line parameters ... shutdown /?).

      Cheers,
      -- RLJ

    21. Re:ssh ? by mvdwege · · Score: 2

      You mean .NET Server needs special hardware to do what the various Unix-a-likes have been doing for 30 years on ordinary off-the-shelf hardware?

      That's....pathetic.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    22. Re:ssh ? by agallagh42 · · Score: 3, Informative

      C:\>ver

      Microsoft Windows XP [Version 5.1.2600]

      C:\>shutdown /?
      Usage: shutdown [-i | -l | -s | -r | -a] [-f] [-m \\computername] [-t xx] [-c "c
      omment"] [-d up:xx:yy]

      No args Display this message (same as -?)
      -i Display GUI interface, must be the first option
      -l Log off (cannot be used with -m option)
      -s Shutdown the computer
      -r Shutdown and restart the computer
      -a Abort a system shutdown
      -m \\computername Remote computer to shutdown/restart/abort
      -t xx Set timeout for shutdown to xx seconds
      -c "comment" Shutdown comment (maximum of 127 characters)
      -f Forces running applications to close without warning
      -d [u][p]:xx:yy The reason code for the shutdown
      u is the user code
      p is a planned shutdown code
      xx is the major reason code (positive integer less than 256)
      yy is the minor reason code (positive integer less than 65536)

      --
      Carpe Cerevisi - Seize the Beer
    23. Re:ssh ? by raju1kabir · · Score: 2
      Uh, you need like 300 servers if you use Windows? I think it's safe to assume he's talking about workstations.

      That depends on the size of your installation, doesn't it? I mean, if I am replacing 100 P2/166 FreeBSD servers with P4/1000 Windows boxes, then yes, I probably do need "like 300 servers."

      And it's precisely when you're dealing with larger server herds that you start to hate GUI tools with a bitter passion.

      --
      "Patriotism is your conviction that this country is superior to all other countries because you were born in it." -- GBS
    24. Re:ssh ? by sheldon · · Score: 2

      Whatever. It wouldn't be a very workable solution unless the hardware was designed to work with it.

      I run my SS10 headless, and can't imagine trying to manage it without some way of configuring the bootup settings.

  4. VNC vs. Remote Desktop by Peyna · · Score: 4, Interesting
    Well, I've used both extensively, and I have to say that from my experience, remote desktop is much better than VNC. Unless you need to control your desktop from something other than XP or machine running IE6 you might have some problems. Never really ran into the issue myself, you could always carry around a disk with TSC if you needed to.

    Anyway, remote desktop runs much better than VNC, and is sure a lot better than a screen capture... oh well. Besides, with VNC can you play a CD on the remote computer and listen to it at your local machine? =]

    --
    What?
    1. Re:VNC vs. Remote Desktop by iansmith · · Score: 3, Insightful

      Of course remote desktop works better between two Windows machines than VNC.

      Microsoft wrote support for it right into the OS.

      When Microsoft wants to, they can beat any program by using resources (source code) that nobody else has.

      Microsoft is *always* behind the curve with features.. they wait until something is popular, is proven in the marketplace... then copy it and do whatever they can to destroy the company/team that developed it.

      If I hear Gates or Balmer mention 'innovate' one more time.. I'm going to loose my lunch. Do they really belive that is what they do? Or do they laugh themselves to teh bank on the way back from the courtroom? Err, their videotapes do anyway...

    2. Re:VNC vs. Remote Desktop by Peyna · · Score: 2

      Because if I want pcAnywhere, I have to pay for that on top of paying for Windows. (Okay, so I get Windows for $5 with my school's licence, but still). Why use pcAnywhere when I get Remote Desktop for free with Windows XP?

      --
      What?
    3. Re:VNC vs. Remote Desktop by Peyna · · Score: 2, Offtopic

      When properly used airbags indeed save lives. You have to sit properly in the seat, and use the seatbelt properly. An airbag is more likely to bruise you that kill you. This will give you some statistics about airbags on both sides (safety and injury/death). From that, and many other sources, it is quite obvious that airbags help more than hurt. Same thing with seatbelts. Sure, there are instances when they are likely to cause more injury or death; however, they are proven to save more lives than they take. Many, many, more. As a survivor of 4 accidents myself, I often wonder where I would be without seatbelts and/or airbags. (I should note, I was a passenger in all of the accidents, and no one was seriously injured in any of them.)

      --
      What?
    4. Re:VNC vs. Remote Desktop by AnalogBoy · · Score: 2

      *GASP!* You just didn't provide *FACTS AND FIGURES* did you? SINNER! Go sit in the corner.

      Slashdot doesn't subsist on facts and figures. Wild speculation and fingerpointing is all you need here.

      And might suggest starting to wear a four-leaf clover, or maybe hang a horseshoe above your door?

    5. Re:VNC vs. Remote Desktop by Peyna · · Score: 2

      heh, thanks for reminding me, I better return to a more civil forum for discussion, rather than this place, which is full of trolls and kiddies who repeat what they hear, and believe all they are told without ever questioning or pursuing truth on their own. =]

      --
      What?
    6. Re:VNC vs. Remote Desktop by Whatchamacallit · · Score: 2, Insightful

      That's fine, go ahead. It's of course your choice. I use remote control software every single day all day long. I need it to be lighting quick and it absolutely has to work over dial as well as LAN/WAN. At times I have two pcANYWHERE sessions open and 2 SMS Remote sessions open on four desktops. I have used VNC, XP Remote Desktop, and pcANYWHERE. They all work but pcANYWHERE works the best. It's easier and faster to use pcANYWHERE. It is more than 2-3 times faster and more responsive to SMS Remote. SMS Remote is too slow for dial use, so I don't even bother. When you click a menu and it takes it 60 seconds to even draw the menu (on a 10Mbps LAN no less), then it sucks. pcANYWHERE is soooo much better.

      Yeah it's expensive but if you rely on remote control, then get pcANYWHERE. Otherwise use VNC. If you have X-Windows use VNC with compression and encryption, it works pretty well. However it takes a lot of work to setup compression and encryption.

      pcANYWHERE is only available on the Windows platform. I use X-Windows networking features at home and VNC at times at home. I use pcANYWHERE and SMS Remote at work because that is what was provided. I've tested VNC on the Windows platform and it works and works better than SMS Remote but pcANYWHERE kicks it's butt all over the place in speed.

      When you need professional remote control that is fast, encrypted and easy to use, look to pcANYWHERE. If you have no budget or are very cross platform look to VNC. Run, don't walk away from any MS remote desktop or control software it's just plain piss poor.

      If we were running Unix for everything, it would all be console based OpenSSH, Telnet (internal private filtered server management LAN only), and serial console routers. GUI X stuff would be VNC encrypted with OpenSSH and compressed. It's a beautiful thing.

      Until management realizes they can have Windows File & Print servers that are every bit as reliable and trouble free as our midrange Sun boxen and more than a 1/10th the cost of midrange; by using Linux or FreeBSD on our Compaq Servers instead of NT. It will be a much better world.

    7. Re:VNC vs. Remote Desktop by Archie+Steel · · Score: 2

      The problem is not with Microsoft improving on a good idea. The problem is Microsoft using the unfair advantage of having access to the source code of the OS in order to produce apps that are better integrated and therefore run better than those made by competitors. Wal-Mart, though it is a giant, isn't a monopoly. GM and Ford are part of an oligopoly, yes, but they aren't monopolies. Microsoft, on the other hand, is a monopoly. That they continue on with dirty tricks (like this new VNC thing) shows that they will not change their monopolistic ways, even though they have received the proverbial slap on the fingers by a (newly Republican) DoJ.

      I personally like VNC, a lot. I use it to control my machines at home with a single keyboard/video/mouse setup, I also use it whenever I get to play "family tech support" (it's not too bad if you can eventually get a free dinner for it! :-) So far, I have not installed it on an XP machine but if a family member does install XP I'll have no qualms about smashing that EULA into pieces.

      On a side note: I recently discovered that MS has no plans to release a free PowerPoint 2002 viewer. They do not give a reason, but I think it's pretty clear: they want people to switch to Office XP. Right now that is the only way to see an PPT made with Office XP - if you want the nifty new effect and "exit" animations, that is. Too bad, it is a rather impressive program. They've improved a lot of things since the last version...

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    8. Re:VNC vs. Remote Desktop by AnalogBoy · · Score: 2

      I love you. in the platonic sense, of course.

      Repeating wat they hear, and not looking into why or how is one of my biggest pet peeves.

    9. Re:VNC vs. Remote Desktop by Peyna · · Score: 2
      How sweet. Now all these papers I have to write, as well as a speech and a few cs projects don't look so bad anymore. Nope. Nevermind, they still do. Haha.

      Not to sound cliche, but I love you in the platonic sense, as well.

      It's too bad that the real good comments never get modded up and the real bad comments always get modded up, and so even though I browse at +3 it's still hard to find anything worth reading (not to mention that I have funny mod to -3 or something, it still doesn't seem to help).

      --
      What?
    10. Re:VNC vs. Remote Desktop by Mike+Connell · · Score: 3, Funny

      Besides, with VNC can you play a CD on the remote computer and listen to it at your local machine?

      Yes, but you have to turn the volume way up ;-)

    11. Re:VNC vs. Remote Desktop by electroniceric · · Score: 2

      I'm tempted to agree with you, having used VNC for remote application use, and found that it really didn't quite meet it as a remote desktop interface. I believe that it works for administration but for trying to USE my home then-Win98 box (DSL) from work (T1), the screen repaints were just too slow.

      I guessed based on seeing Terminal Services run MUCH quicker than VNC over the same connection that Terminal Services is using higher-level RPCs to reduce the amount of data needing to be moved around. That would lead me to guess that non-MFC apps would run at the same speed over VNC as Terminal Services. Is this true?

      Does anyone know more about the architecture of Terminal Services?

      Yes, I am too lazy to research this in MS' site, and would much rather hear from a knowledgeable /.er.

    12. Re:VNC vs. Remote Desktop by rseuhs · · Score: 2
      It is good that they recognize a trend in the market, then pursue that and try to find ways to capitalize on it.

      Imagine 90% of car-makers forming a cartel and then putting a clause into the contract that you are only allowed to buy gas at for example Shell.

      This is exactly what Microsoft is doing with their EULA and it's not innovation.

    13. Re:VNC vs. Remote Desktop by rseuhs · · Score: 2
      In a serious crash, instead of being bruised and somewhat bludgeoned, the airbag will outright kill you in one fierce snap.

      Only in American cars.

      In Europe, where people are actually using seatbelts, airbags are set to a much softer setting.

    14. Re:VNC vs. Remote Desktop by mpe · · Score: 2

      What about pcANYWHERE? It's faster and more stable than Remote Desktop, Remote Control SMS, and VNC.

      However VNC is free and multiplatform...

    15. Re:VNC vs. Remote Desktop by gimpboy · · Score: 2

      hey. i dont use windows, so this is pure speculation. if sms is really that slow, 60 seconds to draw a menu slow, it sounds to me like there is something wrong. i'm not trying to advocate windows, i dont use it at all. i just find it hard to believe that over 10Mbps sms is that slow unless something is configured incorrectly.

      --
      -- john
    16. Re:VNC vs. Remote Desktop by electroniceric · · Score: 2

      A while back, it occurred to me that QT ought to build shortcuts this into their architecture. I tried to email them and suggest it, but I don't think they understood that I was suggesting a TermServ type optimization. It'd be all kinds of cool though.

      And with QT being cross-platform and all, you could really start to throw down some nice remote solutions....

    17. Re:VNC vs. Remote Desktop by squiggleslash · · Score: 2

      ...nah. Those figures wont be taken seriously - they're from the gubmint (bad!) rather than the Cato institute, so all the "Those liberals are out to get us with their 'airbags' and 'global warming' and 'evolution'" Libertarians wont buy it...

      --
      You are not alone. This is not normal. None of this is normal.
    18. Re:VNC vs. Remote Desktop by evilviper · · Score: 2
      As someone who has had years of experience, I can say that you've not done much with VNC (or too much in-depth with RDP for that matter).

      RDP may bee nice over a LAN and such, but VNC uses up less CPU power, and less bandwidth than RDP. I am refering to TightVNC at 8-bit color, etc. The biggest problem that VNC may be held accountable for, is not having the best default settings. You need to be fairly knowledgeable & experienced to know to only update the window under the cursor, specify the lowest quality, etc.

      However, if I ONLY needed to control Windows 2000 Server/Adv.Svr. boxes, I'd likely use RDP as well. It has it's strong points as well as it's weak point. (VNC's biggest Windows Administrative stumbling block being that anyone can locally take control from you, at whatever privledge you've logged-in with.) RDP has to many problems to name. It uses up far more memory and CPU power than VNC when active or idle. It requires extra licenses in MOST situations, doesn't run on anything but M$'s SERVER products, et al.

      Besides, with VNC can you play a CD on the remote computer and listen to it at your local machine?

      I was once asked if I could rename, copy, and delete files with my window manager. This is the same type of question. With VNC, no you can't. With other applications along side VNC, you certainly can.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    19. Re:VNC vs. Remote Desktop by ameoba · · Score: 2

      At what cost? The protocol used by VNC is -much- more concise & comprehensible than RDP.

      VNC = 26 pages

      RDP = 5-600 pages of 'international standards' + MSFT extensions.

      --
      my sig's at the bottom of the page.
  5. Finally, an end to the trojan problem! by Anonymous Coward · · Score: 5, Funny

    "the XP license prohibits products other than from Microsoft's from being used to remotely control an XP workstation"

    Well, I guess Microsoft finally figured out how to take care of the thousands of trojans out there... Just forbid them in the EULA, and surely they'll all go away ;-)

    1. Re:Finally, an end to the trojan problem! by TheGratefulNet · · Score: 2

      the virus writers need to form a union to buy lawyer support so they know where the line is; and how best to cross it.

      else M$ will just have to buy out all the virus writers and incorporate their code (oh, wait, its already in there).

      --

      --
      "It is now safe to switch off your computer."
    2. Re:Finally, an end to the trojan problem! by Alsee · · Score: 5, Funny

      Microsoft finally figured out how to take care of the thousands of trojans out there

      OMG! Microsoft is abusing their monopoly to expand into the trojan market! Pretty soon there's be no option except Microsoft brand trojans!

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:Finally, an end to the trojan problem! by Webmoth · · Score: 2

      Pretty soon there's be no option except Microsoft brand trojans!

      Reminds me of a joke I heard just after BG himself was married:

      "Did you hear that Melinda is filing for divorce from Bill?"

      "No.."

      "Yeah, on their honeymoon, she found out what 'microsoft' really means."

      --
      Give me my freedom, and I'll take care of my own security, thank you.
  6. What about PCAnywhere? by Nailer · · Score: 5, Informative

    PCAnywhere 10.5 includes Windows XP support, and IIRC still uses its own protocol / mechanism for doing so, rather than MS RDP. Symantec have the Designed for Windows XP logo on the PCA box.

    How is this affected?

    1. Re:What about PCAnywhere? by bconway · · Score: 2

      I'm sure that Symantec bought a hefty license to have PCAnywhere work with XP. "Rogue" applications like VNC are really the only ones in question.

      --
      Interested in open source engine management for your Subaru?
    2. Re:What about PCAnywhere? by bconway · · Score: 2

      It most likely says "unlicensed third party remote access software." Nice way to make money, huh?

      --
      Interested in open source engine management for your Subaru?
    3. Re:What about PCAnywhere? by Reziac · · Score: 5, Interesting

      I wonder if this is fallout from another issue:

      At the XP rollout I asked (twice, once where the entire audience could hear it) about licensing vs "As a guest using remote assistance, you are able to run anything on the remote system"... frex, Word. But Word's current license is PER USER, *not* PER SEAT. (One computer, one copy of Word, 6 *possible* users == you are now required to have 6 licenses -- possibly 7 if your M$Office install was OEM, since in some confused way it appears that sometimes the computer itself is regarded as a user.)

      The M$ guy quite deliberately danced all around but never answered my question.

      Draw your own conclusions.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    4. Re:What about PCAnywhere? by Tony-A · · Score: 2

      Are you trying to claim that an OEM license is automatically consumed by the computer and is therefore not actually a license? This is ludicrous.
      This is ludicrous.
      This is Microsoft.
      One degree of separation

    5. Re:What about PCAnywhere? by GregWebb · · Score: 2

      Looks to me like he's saying that, with 6 PCAnywhere users on an OEM copy, you'd need 7 licenses because the OEM license wouldn't cover any PCAnywhere sessions.

      I still think this sort of thing is ridiculous and should be publicised as an example of just why so many of us want MS ground up into dust, but that seems to be the reasoning.

      --

      Greg

      (Inside a nuclear plant)
      Aaaarrrggh! Run! The canary has mutated!

    6. Re:What about PCAnywhere? by Reziac · · Score: 2

      "He didn't know" could well be a large chunk of the truth.

      M$'s current licensing scheme (a miscegenation of per-seat and per-warm-body counts) was first brought up at a big Win2K event about two years back. The poor bloke doing the lic. presentation managed to confuse not only the entire audience, but also himself, to the point where about all he could manage was to the effect of "Trust me, it works". No kidding.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    7. Re:What about PCAnywhere? by Reziac · · Score: 2

      Yep, as best I could follow it (see my other post re the Win2K lic. presentation) that's kinda how M$ sees M$Office and networked-computer licenses -- in some manner no one (including M$) can quite explain, the system itself apparently sometimes eats one license.

      I agree it's nuts. If it were the gov't doing it, we'd all be screaming about double taxation.

      It's no wonder that, as someone pointed out, any large outfit can be somehow found not-compliant, no matter how closely they try to follow M$'s extortionate rules.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    8. Re:What about PCAnywhere? by Reziac · · Score: 2

      Because per what M$ themselves said at the Win2K event (mentioned in my other post) -- the number of licenses for *applications* is now determined NOT by how many are using the app at any one time, but by how many people use it at ANY time.

      Frex: If Joe sits at workstation #1 to use Word today, and Mary sits at workstation #1 to use Word tomorrow, M$ says you need TWO licenses for Word, because two *individuals* are using the same copy of Word, even tho it's not at the same time. (At least that's how they explained it at the Win2K event. Gods know how it's being applied in practice.)

      What I wanted to know is, how is this different from Joe using Word today, and Mary using Word via Remote Assistance tomorrow, both on workstation #1??

      That's what the M$ guy neatly managed to avoid answering.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    9. Re:What about PCAnywhere? by blazin · · Score: 2

      So does this "per user" licensing mean I could install Word on all 1000 lab computers and as long as John and Mary are the only ones that use Word, I only need two licenses?

      If the license is per user, then it seems to me that the computer it is being used on doesn't matter as the license is carried with the individual.

    10. Re:What about PCAnywhere? by Nailer · · Score: 2

      Its not that Symantec don't have a license - that doesn't change that the XP license still seems to forbid PCA. Nobody's come up with a response to that one yet.

    11. Re:What about PCAnywhere? by Reziac · · Score: 2

      Someone asked about that at the Win2K event. That's when it came out that you also need a license for every machine it's installed on as well as for every user who uses it at any time. I agree it's both confusing and insane :(

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    12. Re:What about PCAnywhere? by Reziac · · Score: 2

      Yeah, but autotransfering the license would make sense! We couldn't have that, could we? This *is* M$ we're dissing^H^H^H^H discussing here, ya know :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  7. Look, more FUD. by NetJunkie · · Score: 3, Informative

    Read the agreement. What Microsoft doesn't want you to do is to use VNC to create a terminal services like server where you install an app once and share it with your network.

    No one cares if you remote control it for administrative purposes.

    1. Re:Look, more FUD. by steppin_razor_LA · · Score: 5, Interesting
      Here is what the article quotes (I don't have XP so I'm not sure about it's license agreement)

      The way I read this is that this prohibits software from remotely driving the computer - whether it is for serving applications or for administrative purposes.

      Microsoft's XP license agreement says, "Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described below, you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product or Product's user interface, unless the Device has a separate license for the Product."

      I don't think it is even possible to set up VNC to be used on the Windows platform to set up application sharing -- the VNC instance is tied to the desktop -- IMHO that means it is only good for a single user and I don't see why it matters whether that single user is at the KB on the console or a remote console.

      I also agree with an earlier poster -- for the Windows platform, the Terminal Services client is *FAR* superior to VNC -- of course it is -- VNC works by sending bitmaps across the pipe -- the terminal services client can send API calls -- same principle as behind Xwindows.

      I often like to install both as there has been times when Terminal services has croaked but VNC hasn't and vice-versa.

      --
      Evolution: love it or leave it
    2. Re:Look, more FUD. by AdrianG · · Score: 5, Insightful
      • I also agree with an earlier poster -- for the Windows platform, the Terminal Services client is *FAR* superior to VNC -- of course it is -- VNC works by sending bitmaps across the pipe -- the terminal services client can send API calls -- same principle as behind Xwindows.

      Nonsense!! With Palm VNC I can take over my desktop with my Kyocera Smartphone. Can you give me a Windows Terminal services client that runs on a palm pilot? There are VNC clients and servers for a large variety of platforms. What do you think are the chances that MS will permit interoperability with Linux (which they've called THE major threat to Windows) or with PalmOS (the major competitor to WinCE)?

      Window Terminal Services are only far superior if you've already been assimilated. Even if I am sitting in front of a Windows machine, a Terminal Services client won't help me take over one of my Linux boxes. Terminal Services is mostly just good for locking me into Windows. No thanks.

      Adrian

    3. Re:Look, more FUD. by G-funk · · Score: 2

      The point is, microsoft doesn't want you running servers on the non-server version of their operating system (read:license). Wow, That's news - front page stuff what.

      --
      Send lawyers, guns, and money!
    4. Re:Look, more FUD. by blang · · Score: 2

      Xactly.

      Vote with your feet. Where I work, they have Win2k on every desktop. The only app I have to use it for is outlook. Hopefully the company will realize one of these days, that running IMAP and ldap from a linux box will save lotsa bux, now that they're finally looking at the bottom line.

      If MIS boss sez MS is the company standard, write a message to MIS boss's boss, and outline the ROI for an alternative solution.

      It's not 1999 anymore - the bottom line matters. Beat the pinstripes with their own methods.

      --
      -- Another senseless waste of fine bytes.
    5. Re:Look, more FUD. by Melantha_Bacchae · · Score: 2

      Indras wrote:

      > Pulling from the quote above: "...unless the Device has a separate
      > license for the Product."

      > I assume that by "Device" it is including software. So, would GPL'ed
      > (General Public Licensed) software satisfy the "separate license"
      > requirement?

      IANAL, but I read "Product" to be Windows XP. It might not have to be installed, but at least you'd have to have one XP license (at least on paper and paid for) per machine to use a third party remote product between them. Of course, if the machine to be accessed remotely is on the internet and open to anyone who wants to use it, I don't see how a person can possibly be expected to have XP licenses for the entire computer population of the world!

      This EULA section forces more license sales, encourages (for fear of accidently breaking the EULA) the use of all-Microsoft servers, and scares people away from competing products. Can you say antitrust?

      It's getting to the point where one must take a lawyer to the store when buying software. After all, EULAs are trying to be contracts, and you are supposed to haul your contracts in to your lawyer before you sign them.

      What happens when you embrace and extend Godzilla? Nuclear heartburn!
      See "Godzilla 2000" (released in Japan as "Godzilla 2000 Millenium") for details.

    6. Re:Look, more FUD. by Dragoness+Eclectic · · Score: 2

      Since I didn't "agree" to any EULA terms when I (hypothetically; I wouldn't pay $0.01 for it or let it near my machines if you paid me) bought XP, click-thru dialog boxes after purchase don't apply. Doubly so if it is an OEM install. No legal signature, no contract.

      Second, illegal contracts are not binding. There is plenty of precedent in anti-trust law that a company cannot forbid customers from using another company's products, or require the use of its own products as a condition of sale, ESPECIALLY if the company has been deemed a monopoly. Note that Microsoft has been found to be a monopoly by the federal courts.

      It sounds like this EULA is another typical attempt to use barratry to intimidate those who don't know what their rights are. Judging from the responses on here, it's working.

      Remember, just because some company stuck words on a piece of paper, that doesn't mean those words are right, legal or binding.

      --
      ---dragoness
    7. Re:Look, more FUD. by cduffy · · Score: 2

      That's why I didn't say it was legal -- just as legal as the rest of the EULA.

    8. Re:Look, more FUD. by Tony-A · · Score: 2

      Taken literally, it would mean a mouse, keyboard and/or monitor plugged into a laptop. Pretty soon it will be illegal to use a Microsoft controlled machine to actually do anything.

  8. This is for "Citrix like" applications. by tshak · · Score: 4, Insightful

    The reason this is even mentioned is because it has to do with "Citrix like" remote applications. Essentially, you can't setup a Windows box and have 50 Linux desktops connect to it ala VNC (for example) without having the appropriate licenses. This is no different then your usual CAL (Client Access License) for using a Windows network. The EULA just get's more specific about "Remote Desktops" since it's getting more popular.

    --

    There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    1. Re:This is for "Citrix like" applications. by ThatComputerGuy · · Score: 3, Interesting

      Now, correct me if I'm wrong, but 50 Linux desktops connected to a single Windows box isn't exactly useful, unless you use 50 machines that you need to access the Windows machine from, in which case you've got other problems.

      50 people on 50 Linux machines using 50 VNC clients connected to 1 Windows VNC server does not result in 50 people remotely running their own instance of Windows apps. Instead, they'll all be sharing the same mouse/kb cursor, and the same processes.

      It would be nothing short of chaos... why does this need to be regulated again?

      --
      XML is like violence. If it doesn't solve the problem, use more.
    2. Re:This is for "Citrix like" applications. by markj02 · · Score: 5, Insightful
      That's nonsense. VNC does not allow you to "setup a Windows box and have 50 Linux desktops connect to it"--VNC doesn't magically transform a single user Windows machine into a multiuser machine. I wish it did, but XP is such a primitive system that that's not easily possible. As far as Windows is concerned, VNC gives you the ability to remotely control a machine into which you are logged in, no more.

      In any case, what matters is not whether VNC lets you do this but that Microsoft tries to impose such restrictions. It's just another indication of how much they are trying to milk and control their customers. Any rational buyer should run from that kind of company, and this should be added to the long list of anticompetitive practices to be investigated.

    3. Re:This is for "Citrix like" applications. by JabberWokky · · Score: 2
      Now, correct me if I'm wrong

      You're wrong. That's exactly what Citrix is - multiuser, multidesktop Windows on a single server. I used it back when they were selling it based on NT 3.51 (they actually modified the OS, partnered with MS), so I have no idea where they have gone with it since then (at the time, I dumped it because the intel server tech of the time was too slow to support the number of users we needed). It worked back then; I imagine it works now, although I have no idea how well or if they are even still working along the same concept.

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    4. Re:This is for "Citrix like" applications. by dimator · · Score: 2, Funny

      It's VERY usefull for demos and presentations though.

      Not to mention porn...

      --
      python -c "x='python -c %sx=%s; print x%%(chr(34),repr(x),chr(34))%s'; print x%(chr(34),repr(x),chr(34))"
    5. Re:This is for "Citrix like" applications. by tshak · · Score: 2

      VNC is not in the EULA and therefore is not the only piece of software in question. Notice the parenthesis (for example) after the "VNC". This means, if somehow you COULD do this with VNC, it would be an issue, but it's just an example, meaning it could be Citrix (as I mentioned) or any other type of software. So no, it isn't nonsense - think outside your zeal.

      In any case, what matters is not whether VNC lets you do this but that Microsoft tries to impose such restrictions.

      Ya, heaven forbid a server OS has CAL's... just like any other commercial OS out there. Now, if you don't like CAL's, that's a different subject, but not for this thread.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    6. Re:This is for "Citrix like" applications. by sheldon · · Score: 2

      "I wish it did, but XP is such a primitive system that that's not easily possible."

      I don't see how you could possible claim this isn't easily possible given every version of NT ever produced has been multiuser.

      XP especially.

    7. Re:This is for "Citrix like" applications. by Znork · · Score: 2

      Well, IIRC, Microsoft stole the Citrix code to make Terminal Server (well, not exactly stole, they just said 'give it to us or you wont get a license for the next version of windows', which resulted in Citrix stock collapsing, and Microsoft getting the code).

    8. Re:This is for "Citrix like" applications. by mpe · · Score: 2

      That's nonsense. VNC does not allow you to "setup a Windows box and have 50 Linux desktops connect to it"--VNC doesn't magically transform a single user Windows machine into a multiuser machine.

      Actually you can make even Windows 9X work in a sort of multi user way. e.g. using such things as the SharedWare cards.

      As far as Windows is concerned, VNC gives you the ability to remotely control a machine into which you are logged in, no more.

      Claims that you can use VNC to turn Windows into some kind of thin client server abound, though never with anything resembling useful instructions. The only way I could even see this is possible would be on unix rather than Windows. That would be more complex than using g/k/xdm to manage remote X displays anyway.
      VNC is in effect "rconsole" for Windows machines...

    9. Re:This is for "Citrix like" applications. by JabberWokky · · Score: 3, Informative
      I can confirm something about that - the Citrix people grumbled about it (we would have been a Citrix example site, until I was hired and cancelled the project when I tested the load). When NT 4.0 came out, MS followed the letter of the contract, rather than the spirit and fundimentally locked Citrix out of any upgrade paths. I have no idea how it resolved, but the Citrix guys basically knew at that point that they had been screwed by MS, while their PR guys were touting their close relationship with MS.

      This was right after NT 4.0, and MS was just starting to really turn nasty - everybody was still talking about DR-DOS and the WP/Word "one version off" incompatability, and the vaporware Windows was still seen as an funny accident that happened to really work in MS's favor, and OS/2 was still an option.

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
  9. The accessing machine must have a liscense by asmithmd1 · · Score: 5, Insightful
    from the article
    Microsoft's XP license agreement says, "Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described below, you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product or Product's user interface, unless the Device has a separate license for the Product."
    So if you are running XP on the machine you are runnning VNC you do not violate the license

    1. Re:The accessing machine must have a liscense by sqlrob · · Score: 3, Insightful
      Microsoft's XP license agreement says, "Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described below, you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product or Product's user interface, unless the Device has a separate license for the Product."

      But what I highligted implies you can't do VNC either.

      My interpretation of what it this says "You can access the system remotely using only MS supplied tools if you have enough licenses."

    2. Re:The accessing machine must have a liscense by Royster · · Score: 4, Insightful

      What part of "unless" don't you understand?

      But everyone seems to be missing the important problem with the license. The real problem with the license is that certain MS products get a free ride and get priviledges that competing products do not.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    3. Re:The accessing machine must have a liscense by Calle+Ballz · · Score: 5, Informative

      Lemme highlight the whole thing, so that you can read the whole thing:

      Microsoft's XP license agreement says, "Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described below, you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product or Product's user interface, unless the Device has a separate license for the Product."

      What microsoft wants here is everyone who uses XP to have a license for the device they are using XP on. So if your friend sets up a WinXP box with a VNC server, microsoft doesn't want you "enjoying the functionality and features of XP" from your win98 box, win2k box, linux box or your toaster. Microsoft feels that people may not upgrade from win98 to XP because they might use VNC to access a seperate, 3rd party XP machine. It's pretty gay, but unless you are running XP on all machines involved... you are breaking their license.

      Don't buy XP, don't worry about.

    4. Re:The accessing machine must have a liscense by awol · · Score: 2

      IAN(really)AL. But, it is a question of how a lawyer will construe (or more importantly a court) the sentence. Now legal construction is a non trivial area, but influential in this example is that the entire phrase quoted is one sentence. This suggests that the "unless the Device has a separate license for the product" clause relates to all of the preceding sentence including the part you have highlighted.

      This suggests that VNC on a box that is Windows might be construed as OK.

      --
      "The first thing to do when you find yourself in a hole is stop digging."
    5. Re:The accessing machine must have a liscense by Rogerborg · · Score: 3, Insightful
      • you may not use the Product to permit any Device to [...] display [...] the [...] Product's user interface, unless the Device has a separate license for the Product

      Meaningless rabid lawyerese. Taken literally (and how else would you take a literal license?) and given that WinXP is licensed according to what's inside the box, it follows that you can't use a monitor to display WinXP unless the monitor has a separe license.

      If you want to argue that a monitor is not a "Device" whereas (e.g.) a remote laptop is, then consider one of those funky Phillips 802.11b touchscreen monitors with a whack of built in functionality, regardless of whether it's connected to a box or not. Then you draw the line between what's a Device and what isn't. Remember to future proof your definition to include stuff that hasn't been invented yet.

      Microsoft really needs to run this stuff through a cluechecker before leaving themselves open to this kind of ridicule. It's folly to write a license that's impossible to fully comply with, then get all prissy when people choose to ignore it as a whole.

      --
      If you were blocking sigs, you wouldn't have to read this.
    6. Re:The accessing machine must have a liscense by Royster · · Score: 3, Informative

      It is a well established legal principle that ambiguities in a contract of adhesion (a contract where one party dictates the terms and the other party must accept or reject the terms in total) are to be interpreted in favor of the non-drafting party.

      The unless concerns what licenses the "Device" has. Since the term "Device" is used both before and after the nor, it is unclear whether the sentance is to be parsed (A) nor (B unless C) or ((A) nor (B)) unless C. I would argue that the second construction is the correct on. If they did not want the unless to apply to A, they could have written to as two different sentances.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    7. Re:The accessing machine must have a liscense by HiThere · · Score: 2

      As long as they can get people to agree to the licenses without auditing them carefully, then the broader and more inclusive the claims they make, the further they will later be able to extend them.

      I don't know if they still have the part in the license that gives them the right to add or remove any files that they choose from your computer, and, unless I misread it, to copy them to the home office or to "upgrade" them to a proprietary form that none of the appilications that you have currently purchased can read, but they did have it. Now I will grant you that they didn't spell it out quite that way. But that was the clear implication of the wordage. And that was just taking the words at face value. I'm sure a good lawyer could have used them to justify even more coercive steps. (E.g.: it wasn't clear to me that they claimed the right to recognize your credit card infor, and automatically charge upgrades against it, but it wasn't clear that they didn't claim that right.)

      Now the company lawyer's attitude is that no court would enforce such a provision, but the key here is that the contract gives them the right to do this without asking a court for permission. So what you would be doing would be appealing to the court for protection after the fact. And this would mean that you could spend several years without access to your files, hoping that the court would overrule the contract. You'd likely be out of business long before the appeals were over, and then you would need to get approval from the bankruptcy overseers to pay the lawyers and court fees. Etc. I really doubt that after the first example many would choose to expose themselves to that.
      .

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    8. Re:The accessing machine must have a liscense by cristofer8 · · Score: 2, Informative

      I understand your assessment, and if correct I think this part of the license defeats perhaps the most valuable part of Remote Desktop

      I've been using XP since beta 2 (anyone remember that? quite an experience) and have been using remote desktop the entire time. At school, we have a collection of 2k and NT machines, and a bunch of imacs. I have many programs installed at home that I don't have at school. When I need them, I sit at any of the computers, go to a web page hosted on IIS on the XP machine at home which loads up an activex version of the client. Suddenly, I'm at my home computer, running homesite or whatever. Even my visual styles and sound come through.

      Now this is cool, but I can do this with VNC. What coolest part of Remote Desktop is actually disabled in XP Pro and Home for the very reasons that this license exists. In Windows 2000 Server I can have 20 clients, running whatever version of windows, or even Windows CE (or unix with 3rd party stuff) connecting to the server, each running their own instance of windows and applications, invisible to each other. But in order to do that, I have to have 20 licenses. As I recall, they're not full windows licenses, but Terminal Client Licenses. Microsoft is doing the exact same thing with XP client. I think this actually becomes a non-issue since the feature is disabled anyway, this just prevents 3-rd party programs from enabling it. Longhorn, supposedly, will have it enabled, so you can have multiple simultaneous sessions on one xp client computer.

      Sorry this post is getting so long, but here's my conclusion. I don't think this license is preventing, or attempting to prevent the use of VNC or pcanywhere. It is trying to prevent the use of and XP client (pro or home version) as an application server. The functionality is essentially there, though disabled, and Microsoft would much rather have you buy the server version. Just like IIS is availiable, but crippled, in the client versions. If you're going to use the computer as a server, buy the server OS, according to MS.

      In other words, this isn't an attack on VNC, it's an attack on people buying the wrong os verison.

  10. Re:My Experience With Linux by Tyreth · · Score: 2, Troll
    That is complete FUD. Linux is very usable in it's current form.

    You say 8 half-working text editors? vi and other console editors are not half-working, and are very useful when you can't afford a remote graphical session, or any other situation where a GUI is not possible or unecessary. As for GUI text editors, gedit, kedit and kwrite all beat notepad hands down. I don't see notepad with features for highlighting based on the language you are saving the text document as. How can you possibly say that notepad beats these common text editors in linux?

    You obviously haven't tried linux properly at all. Consider this hypothetical situation - someone is brought up for 20 years using only linux (never heard of windows) in it's current form (KDE 2.2.2, etc). Then they hear about this whizbang operating system called Windows. They decide to give it a whirl as you just did. I'm sure that 15 minutes into the session they would be frustrated when they:

    • Can't tweak the settings of the system
    • Can't flick into a console during a game or some other full-screen application to change options
    • Can't run it on a really old system at a decent speed without a GUI
    • Can't install software they need without having to fork out another $50 for each package
    • Can't enjoy the features of a full text editor like vi, gedit or kwrite.
    • Can't set up an account for their pesky brother or friend who knows just enough to be dangerous, and limit their ability to modify/delete vital system files. Or prevent them from overwriting your personal settings
    • Can't, if capable, create complex shell scripts to perform manipulations on files that GUI's can only dream of.
    • Can't customise much of their GUI at all (eg, can't remove start bar, can't add menu's or applets to the start bar, etc)
    • ...and so on.

    Can you see what is wrong in this example? First of all, this hypothetical person used it for only 15 minutes, not enough time for a full evaluation. Also, this person had grown up using something different, so they favored all the pet features and benefits of their own operating system, while completely missing the good features of the rival operating system. Since they had grown up with this operating system, it's in their mind of how computers should work.

    So, until you give it a proper try, it will remain obvious that you don't know what you are talking about.

  11. So no cygwin then? by WasterDave · · Score: 2, Redundant

    And I quote: "you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation".

    Presumably this would include a telnet/ssh daemon and the cygwin installation needed to make them useful? Cygwin is the life blood of unixen trapped in a windows world - what now if the pointy haired ones 'upgrade' to XP?

    Dave

    --
    I write a blog now, you should be afraid.
  12. moronic by Anonymous Coward · · Score: 2, Informative

    A developer can put anything they want in their license agreement. It doesn't mean it is legal and it certainly doesn't mean they can enforce it. It certainly won't stop me from running VNC on Windows. Fuck 'em.

  13. This was discussed in an earlier /. thread by PotatoHead · · Score: 2

    Annoying but true. Maybe the mainstream coverage will get people thinking about just what a license is and what is should be.

  14. 2-Borg Limit by unsinged+int · · Score: 5, Funny

    Okay people, we've reached the 2-Borg limit on the main page...

    Time to find something non-Microsoft to post before the whole page gets assimilated.

    1. Re:2-Borg Limit by dimator · · Score: 3

      I might be nuts, but I remember 4 or 5 borgs on there at once.

      --
      python -c "x='python -c %sx=%s; print x%%(chr(34),repr(x),chr(34))%s'; print x%(chr(34),repr(x),chr(34))"
    2. Re:2-Borg Limit by 56ker · · Score: 2, Funny

      *cue borg voice* This is Microsoft. You will write articles about us. Linux is futile. Prepare to use Windows. :o)

  15. Netscape by Deanasc · · Score: 5, Troll

    Why didn't they just ban Netscape Navigator in the lisence agreement. Then they wouldn't have had to write IE. What other competing software don't they want people to use? Put that into the lisence too.

    --
    I've hit Karma 50 and gotten a Score:5, Troll... I win!
    1. Re:Netscape by hattig · · Score: 5, Interesting
      This has been badly moderated as a Troll, but the point is valid.

      By excluding previously allowed software on their systems, Microsoft are extending their monopoly over the software that runs on their system.

      It is most likely that this part of the EULA would be overturned in a court ruling as being unreasonable.

      In any company, to comply with the license, they must use a Microsoft remote terminal application. This is restriction of business (or product tying), as companies will comply with the license of course!)

      Someone should point this out to the 9 states and the DOJ as evidence that Microsoft are *continuing* to act in a predatory monopolistic manner, and that harsh terms need to be applied in order to allow true competition in the OS and application market.

    2. Re:Netscape by tshak · · Score: 2

      By excluding previously allowed software on their systems, Microsoft are extending their monopoly over the software that runs on their system.

      Read: THEY ARE NOT EXCLUDING SOFTWARE ON THEIR SYSTEM. This is an extended definition of Client Access Licesenses (CAL's) for Remote Deskop applications. This means, that for every user that is connecting TO (not FROM) the XP box via a Remote Desktop application, you MUST have a seperate windows license UNLESS you are using Windows Remote Desktop or Netmeeting, etc.

      --

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

      This means, that for every user that is connecting TO (not FROM) the XP box via a Remote Desktop application, you MUST have a seperate windows license UNLESS you are using Windows Remote Desktop or Netmeeting, etc.

      It's still monopolistic and unenforceable. Quite frankly, Microsoft can go fuck a goat. If I used XP (I don't), I would use my own choice of remote control application without the extra XP licenses, just like I now have multiple people within my home using the same license of their other products. Do they really think I'm going to spend a few hundred bucks for everyone in my house who might want to use Word some day? Like hell! The software I buy is on a "per household" license whether Microsoft likes it or not. I'll use it on as many PCs within my own home as I want. If that means I have to download some extra reg codes to get them to talk to each other, so be it, but it will be a cold day in hell when I buy 5 copies of any software so my wife and children can use it.

      --
      -Ryan, with the unoriginal sig
    4. Re:Netscape by powerlinekid · · Score: 2

      Hell, why bother even writing software anymore? They should just tell everyone straight up what they can do and watch the money keep coming in. Joe Desktop-User doesn't know what his computer can do unless microsoft magically does it for him. I think this is probably the only way microsoft could ever be a true inovator... because they'd be the only one left to do anything.

      --

      can't sleep slashdot will eat me
    5. Re:Netscape by darkonc · · Score: 2
      Technically accurate, but you've effectively got your head stuck up MS's butt.:

      What they're doing is taxing the competition out of existence... To use the software made by anybody other than Microsoft, you have to pay Microsoft extra money. -- This, of course, presumes that Microsoft will even deign to give you such a license. Although this doesn't technically fully ban such software, it effectively puts them out of the market -- because if you have to buy a microsoft license to use a competitor's product, why not just use the MS product and save the cost of the competition's product?

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  16. Misinterpretation? by Peyna · · Score: 3, Insightful
    From the article: Microsoft's XP license agreement says, "Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described below, you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product or Product's user interface, unless the Device has a separate license for the Product."

    It's hard to tell without the context of the quotation, but I would assume 'the Product' to refer to Windows XP or Remote Desktop. The emphasis also seems to be on "unless the Device has a separate license for the Product.". That seems to me to have a significant different implication than we are led to believe by the article. Does anyone have definitions for 'The Product' and 'the Device' from the terms of the license agreement?

    --
    What?
  17. I still don't get this: by nahtanoj · · Score: 4, Interesting

    That, because we are running their software, this means that they own the computer it runs on. What else could the deal with the "registered programs" and such be about? I own the damn network card, so doesn't that mean I can choose how to use it? It's the same ownership/license debate.

    I sick of it all...

    Nahtanoj

  18. A sure sign of despiration... by ChrisKnight · · Score: 5, Funny

    When you can't crush your competition through weilding the club of monopoly, exercise your 'right' to stick innane clauses in your license agreement.

    Next up, and likely to be in Windows TX (Total eXtortion):

    - You may not use any fax package other than from microsoft to send faxes from Windows.

    - You may not use any compiler other than c# to compile software for Windows.

    - Tou may not use any internet tools that were compiled without .NET on Windows.

    - You may not use any installer tools other than from Microsoft to package software for Windows.

    - You may not read web sites with any software other than from Microsoft. (Oops, already did that one.)

    - You may not read Slashdot from a Microsoft Browser.

    I must say, I am starting to enjoy the sheer humor factor that Microsoft provides. While not yet having been punished for behaving in a monopolistic way, Microsoft goes out of their way to make sure everyone knows just how wide thei are willing to swing their axe.

    -Chris

    --
    -- This sig is only a test. If this were a real sig it would say something witty. --
    1. Re:A sure sign of despiration... by tshak · · Score: 3, Insightful

      Funny how thoughtless trolls without basis of fact get modded up... see my sig.

      PS. As I've said 100 times, you can use VNC, Citrix, or ANY desktop/application sharing program on XP - you just need licenses for each desktop session.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    2. Re:A sure sign of despiration... by GregWebb · · Score: 4, Insightful

      Which is still ridiculous, given that XP won't give you more than one desktop.

      You show me a way to get 15 people using the same non-server XP PC at the same time, each doing whatever they want, and I'll acknowledge that each of those 15 could justifiably need an individual license.

      While only one can use it simultaneously, though, the point becomes ridiculous. I mean, are they seriously suggesting that people will run a small bunch of XP boxes then VNC into them from Linux terminals, dancing round until they find a free XP box? And, even if they did, why is this philosophically different from shared computer labs / hotdesking / pool laptops?

      This is monopolist extortion, pure and simple.

      --

      Greg

      (Inside a nuclear plant)
      Aaaarrrggh! Run! The canary has mutated!

  19. Both VNC server and client work perfectly well by Vicegrip · · Score: 3, Funny

    in XP Professional.

    I have no tolerance for this kind of invasiveness on how I use my computer and I sincerely hope Microsoft chokes itself on these crappy EULA restrictions. Stunts like these make me so mad... next thing you know, the BSA is going to start suing people for NOT using Microsoft Word.

    Mac, here I come. I'm saving for one starting today.

    --
    Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
    1. Re:Both VNC server and client work perfectly well by baptiste · · Score: 2
      I am feeling better and better about having made the switch to linux. At last I can actually use my OS without being a pirate/criminal/terrorist.

      Yeah, until Hollings manages to get the SSSCA passed

    2. Re:Both VNC server and client work perfectly well by Vicegrip · · Score: 2

      "You didn't buy the software, you bought a license which contains several clauses to which you have to agree if you want to use the software."

      No, what I have done is made the mistake of promoting a monopoly with some of my purchases. A monopoly, which because of its position, can railroad consumers into accepting egrerious licensing terms.

      Further, I think operating systems should be banned by law from forcing customers, through licensing constraints, to not use a competing product. NO operating system should have the right to license away the competition. That you seem to think this is acceptable is shameful and appauling.

      --
      Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
    3. Re:Both VNC server and client work perfectly well by mpe · · Score: 2

      Further, I think operating systems should be banned by law from forcing customers, through licensing constraints, to not use a competing product. NO operating system should have the right to license away the competition.

      Such a law would be highly specific. Specific laws are generally bad laws since they are easy to find loopholes in and need constant tinkering to stay effective. e.g. consider what would happen in Microsoft were to start selling a "Computer Management System" with a "User Agreement".
      You'd need a law which refered to something like "Anything supplied with any product, claiming to invoke a contract between the user and the manuacturer."
      Remember good legal definitions will stand for hundreds, even thousands of years...

  20. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion

  21. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  22. Re:this is not earth shattering by sqlrob · · Score: 2
    if the court won't do anything about them breaking and entering, maybe microsoft and the BSA can slap a fine on them for illegally using your software without a license.

    Are you sure they won't charge you with allowing someone to use your software without a license?

  23. An Observation by inquis · · Score: 3, Interesting

    I understand that this particular license clause is designed to keep you from using Windows XP as a terminal server without buying licenses. However, in our world of lawyering even though the SPIRIT of the clause may be indifferent to VNC, by the LETTER using VNC is against the license agreement.

    The point I want to raise is this: VNC is an innocuous program. It's not Napster or Morpheus, which I could see Microsoft actually blocking. It's instead something you throw on a box to make your life as an admin easier. In short, VNC is about the /last/ program I would expect the Windows XP license to prohibit you from using.

    My question: Windows XP has been out there for what, a year? It took people that long to realize that the license agreement disallows the use of VNC? How much longer is it going to be before someone finds the clause that disallows the use of OpenOffice? If such a clause existed, would people be able to find it and realize its implications? Furthermore, how much longer is it going to be before network admins decide that they'd rather not use an operating system where they don't even have any idea what applications they are allowed to run on it? Again, VNC is an extremely common and handy tool, it seemed like the LAST app MS would disallow. If VNC is disallowed, what's next?

    -inq

    1. Re:An Observation by tftp · · Score: 2
      It's not Napster or Morpheus, which I could see Microsoft actually blocking.

      Blocking Napster etc. would be the stupidest move on MS part. It would generate instant shift to an OS that allows people to access the music. So MS is caught between the rock and hard place - it does not want to encourage Napster-like P2P because of ties to other big businesses, but on the other hand if it stops the P2P then it will hurt itself immeasurably.

  24. Re:As a wise man once said by analog_line · · Score: 3, Insightful

    I've always thought it's funny you don't get to accept or decline the EULA until AFTER you plunk down your money for it...

    I've always thought it funny that people get so damn surprised that Microsoft puts draconian restrictions like this into every new Windows EULA. You know they're going to do it, so why do you plunk your money down until you can find a copy of their EULA to review?

    Besides, the BSA, which is the only organization that gives a damn and has the clout to go after people violating software licenses, won't go after you unless you're a business, or are dealing/distributing software. Microsoft/BSA couldn't care less if Joe Bob computer user manages their Windows machine with VNC. They do it so they can force corporations to buy more Microsoft software to manage their machines, and drive out any other competitors. Can you say "monopoly building"? I thought you could.

  25. Re:Shocking... can you connect using any Non-MS OS by SomeoneYouDontKnow · · Score: 2

    Or they'd forbid you from running "unauthorized" software on a Windows machine. Then they'd charge software vendors a fee to have their software authorized.

    --
    That light you see at the end of the tunnel might be from an oncoming train.
  26. Re:By customer demand by Dwonis · · Score: 2

    What the focus group didn't realize is that the antipathy was toward having to use a slow GUI-based remote access system at all, rather than just having a half-decent shell.

  27. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  28. Workstation version? by BlackStar · · Score: 2
    The article cites the workstation software. I'm assuming that then this applies only to the workstation version of XP? I ask because the quoted clause remarks

    "...to use, access, display, or run other executable software residing on the Workstation..."

    Use executable software residing on the Workstation? Does that bar the running of any server type or P2P type software that can respond to remote commands? A browser definitely "runs" the software that the webserver constitutes. Does it not?

    So, no webservers or file sharing access from non-XP machines?

    1. Re:Workstation version? by BlackStar · · Score: 2

      Well when I unwrapped the tiBook I'm using, I was a bit to excited to look too closely at the license terms, but in general, you'd think that since Apache is included in OS X, Apple is a bit less paranoid, and wish to provide a tool, rather than a sale.

  29. Unenforcable by CaptainSuperBoy · · Score: 3, Insightful
    Even putting aside the question of whether ANY clickwrap EULA license is valid, I don't think users should be afraid of enforcement of this.

    We already know that there are whole clauses in licenses that are unenforcable - there are certain rights you can't give up in a contract, certain types of liability that a manufacturer can't disclaim. If I make an unsafe product I can still be held accountable even though the license disclaimed all liability. How is this different? The contract can't dictate whether you can use it with other people's software.. that's your own decision.

    Imagine if the BSA was allowed to raid your office and enforce 'interoperability!' MS ends up suing you because you ran VNC on XP desktops, Oracle sues you because there was an SQL Server on the same machine as Oracle, and Netscape sues you because they're angry at the world!

    1. Re:Unenforcable by baptiste · · Score: 2
      By copying bitmaps of Microsoft icons, you are violating copyright law.

      You must be joking. In that case ANY non-Microsoft tool such as pcAnywhere would be illegal. Better yet, viewing copyrighted material in a web browser would be illegal even if you had hte right to read it cause it was being 'copied' to your desktop (say in cache) Thats insane.

    2. Re:Unenforcable by anthony_dipierro · · Score: 2

      In that case ANY non-Microsoft tool such as pcAnywhere would be illegal.

      Barring fair use exceptions, it is. You took me out of context by not including my line about fair use.

      Better yet, viewing copyrighted material in a web browser would be illegal even if you had hte right to read it cause it was being 'copied' to your desktop (say in cache)

      Fair use, and implicit license.

      Thats insane.

      Yep, when you ignore fair use you get insane results, like "Microsoft XP License Prohibits VNC".

    3. Re:Unenforcable by mpe · · Score: 2

      Even putting aside the question of whether ANY clickwrap EULA license is valid, I don't think users should be afraid of enforcement of this.

      Also remember that the person clicking the box and the person using the software may well not be the same. Indeed they may not even be both part of the same "corporate person".

      We already know that there are whole clauses in licenses that are unenforcable - there are certain rights you can't give up in a contract,

      Also it's a typical requirement that that all parties know who the other parties are. (Even if it's just at the level of "a customer in this shop", "A passenger on that plane", etc.)

      The contract can't dictate whether you can use it with other people's software.. that's your own decision.

      The concept of the EULA appears to deliberatly make things unclear by the claim that you don't own what you paid for. Which touches on a rather diverse set of laws.

    4. Re:Unenforcable by mpe · · Score: 2

      By copying bitmaps of Microsoft icons, you are violating copyright law. Now you very well may have a fair use defense,

      Being able to defend yourself would be rather easy since what you are doing here is "remote viewing" also known as "television".

    5. Re:Unenforcable by mpe · · Score: 2

      Last time I checked it was illegal to transmit television over the internet.

      How do you explain "webcams" then? What next burglars claiming "copyright infringment" to prevent CCTV footage being used against them?

  30. No, the point is that NO ONE by Archfeld · · Score: 4, Insightful

    has found a click thru license that has been upheld in court. They can demand all kinds of things but what the courts let them get away with is entirely a different matter

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
    1. Re:No, the point is that NO ONE by Zeinfeld · · Score: 5, Informative
      has found a click thru license that has been upheld in court. They can demand all kinds of things but what the courts let them get away with is entirely a different matter

      Err not quite, there is one case although the precedent is fairly weak, the case was pretty narrow and was not appealled. The case involved a CDROM with telephone numbers on that would not be copyrightable as a mere aggregation of non copyright data. The court held that the shrinkwrap license established a contractual agreement not to copy the data, although the precedent is weak since there were other issues involved.

      Also in the DeCSS case the existence of a shrinkwrap license was considered significant, although it was not decisive in that particular case.

      That is beside the point in this case however since the clause would probably constitute an illegal restraint of trade if interpreted as in the article. Also the courts are much more willing to interpret clickwrap as establishing the type of copyright protections that they are used to in other media, than they are to allow the introduction of extraneous terms.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    2. Re:No, the point is that NO ONE by studerby · · Score: 5, Informative
      has found a click thru license that has been upheld in court. They can demand all kinds of things but what the courts let them get away with is entirely a different matter

      has found a click thru license that has been upheld in court. They can demand all kinds of things but what the courts let them get away with is entirely a different matter

      The case you're talking about is ProCD,Inc. vs. Zeidenberg, and your remarks are close but a bit off. Because white-page phonebook listings and similar "brute-force" database lists that are the product of hard work but no creativity are *not* protected by copyright (The Suprmeme Court's "Feist v. Rural Telephone" decision), ProCd was able to gather up phone books and create a national phone CD. Zeidenberg then took the CD, created a web interface to the data and was sued by ProCD.

      Zeidenberg won in District Court, ProCd appealed to the 7th Circuit and lost there, and Zeidenberg did not appeal to the Supreme Court. In the 7th circuit ruling, Judge Easterbrook specifically reversed the trial court on the enforceability of shrinkwrap licenses. The way courts do things, this precedent is binding in all the District Courts in the 7th Circuit, but not elsewhere.

      From a copyright perspective, this decision is ludicrous, because it in essence says that any publisher can slap a "contract" on something (book, cd, etc.) and thereby void any rights consumers otherwise might have, but until someone with bucks take the matter to the Supreme Court, we lack a definitive answer to the problem...

      --

      .sig generation error:468(3)

  31. But *why*? by RevAaron · · Score: 2

    What does MS have to gain from this? I suppose I could understand if they had this clause in the EULA for Win2k- to try to get people to upgrade to XP, where this feature would be "new." But why for Win XP? What do they care what remove display system their users are using together with the built-in method?

    --

    Working toward a usable PDA environment in the spirit of Newton OS: Dynapad
  32. Actually, what this means is... by AJWM · · Score: 2

    ...that you're only allowed to access XP workstations with Microsoft keyboards and Microsoft mice. The truth behind MS's entry into those markets is revealed at last!

    Better not let the BSA catch you with a KVM switch...

    --
    -- Alastair
    1. Re:Actually, what this means is... by base3 · · Score: 2
      ...that you're only allowed to access XP workstations with Microsoft keyboards and Microsoft mice.

      Which, to my amusement, come with "Certificates of Authenticity" which, when bundled, state that they are "for distribution only with a new PC." Holy restraint of trade, Batman!

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    2. Re:Actually, what this means is... by FredGray · · Score: 2
      Holy restraint of trade, Batman!

      No kidding. Just for the record, Logitech does the same thing now too.

  33. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  34. Re:And this is a problem...why? by NoMoreNicksLeft · · Score: 2

    #1 For free? The M$ RD client/server isn't free, either free as in beer, or free as in speech. You pay for it in many ways, most importantly $$$ and lack of control.

    #2 Why would you want to do something stupid like play sound 'through' the RD connection? Wouldn't it be better to just download the mp3, and play it locally? Both quality and network resources?

    #3 Last I checked, RD doesn't support anything other than windows. And only new versions at that. VNC supports everything except OS/2 and Atari TOS. Not that most of the platforms really matter to most people, but there are at least others that might, linux (or some other unix) and MacOS. ANd hell, those people that can't afford to crank out $200 for a M$ bugfix (I won't bother to continue the new version charade).

    #4 There may come a time when you would need to drive that Yugo. You won't be able to. And you might change your mind, want a Lambhourghini later on? Too bad again, not allowed.

    #5 Restrictions such as the "no-Yugo" clause are specifically forbidden by law, even more so when practiced by a monopoly.

    #6 Tightly integrated into the OS? As in illegal bundling of seperate products to destroy or dominate a new market?

    #7 VNC has flaws. You're welcome to fix them, or if too lazy, at least point them out in a constructive manner that might inspire others to fix them.

    #8 Need mulitple passwords? PAMize the server, and have it authenticate to an OpenLDAP server. I did.

    #9 It's not that simple. You're just apparently simple-minded.

  35. Is MS really trying to dictate you cannot use VNC? by NanoGator · · Score: 2

    I don't think MS is trying to control people's use of VNC or other products. There's just no evidence of that. Let me put it this way, what kind of competition is MS really getting from that? They have PC Anywhere and VNC. The problem with both of these programs is that they leave an OS available to be controlled, if proper steps are not taken. I saw the Discovery channel about how a net-security company tested a company's network (they were hired to do this...) and found ways in using both PC Anywhere and VNC. The network admin wasn't taking apprproiate steps to protect access to those machines.

    I think what is going on there is that people tried to blame MS when they got their computer broken into by Back Orifice or a similar program and this is MS's way of saying "we're not responsible for your loss of data unless it was a vulnerability in our own software." Although that license does appear to prohibit use of these products, I doubt MS'll audit a company and punish them for it. If you go to Symantec's site, they have an 'XP Compatibility' blurb showing off how they worked with MS to launch AntiVirus with XP. If you stroll on over to the PC Anywhere section of their site, it very specifically mentions XP as one of the OS's it supports. I seriously doubt that they'd be selling that product if it'd hurt their relationship with MS.

    I wouldn't jump to the conlcusion that MS is trying to maintain a monopoly every step it takes , particulary with the Gov't breathing down their necks. It's cool to hate Microsoft, but assuming everything they do is evil doesn't help anybody.

    --
    "Derp de derp."
  36. License Agreement by Anonymous Coward · · Score: 2, Interesting


    I've been wondering about these licenses. In particular, I was wonder about the case where I purchase a PC from some big brand name store. There store already has installed the OS(Windows XP). I buy the PC, and without ever clicking on "I Agree" button, I use the PC.

    Who has agreed to this license agreement? Me or the store?

    1. Re:License Agreement by FredGray · · Score: 2
      There store already has installed the OS(Windows XP). I buy the PC, and without ever clicking on "I Agree" button, I use the PC.

      I know that with a new system from Dell, although Windows is "preinstalled," it doesn't immediately boot up to a functional system. It makes you click through the EULA and configure network/printer settings (etc.) before you can actually use it.

      Does anyone have experience with an OEM where things work differently?

  37. Not necessarily anti-VNC... by NanoGator · · Score: 3, Insightful

    I'm not convinced they're trying to slay VNC or anybody else. I think they're covering their own butts. With all these backdoor viruses floating around, I think MS is trying to prevent themselves from being taken to court if somebody is hacked. It sure saves them from having to write code to fix Outlook Express.

    --
    "Derp de derp."
    1. Re:Not necessarily anti-VNC... by mark_lybarger · · Score: 3, Insightful

      aren't the backdoors/virus opportunities typically in Microsoft's products? how does prohibiting use of a 3rd party product CYA as far as an OS vendor is concerned? isn't that the point of an operating system, to be able to run applications on it? frankly, the issue in the article concerns more that just using 3rd party software to replace software the OS vendor supplied with the OS (wanna replace that calculator?).. it's about what software you can use for remote control ... and that REALLY scares me that MS can force you to only use their remote controls for their OS. CYA my Ass, come on. when the license specifically reads that you can't use any other remote controls except the ones they proved, i would tend to RUN in another direction. suppose the license reads "you can use this software, but only how we tell you you can use it: the following uses are explicitly prohibited...".

    2. Re:Not necessarily anti-VNC... by Negadecimal · · Score: 5, Funny

      I think they're covering their own butts. With all these backdoor viruses floating around, I think MS is trying to prevent themselves from being taken to court if somebody is hacked.

      For some reason, I read this and imagined a sign outside of a bank entrance: "By entering this bank, you agree not to steal our money."

    3. Re:Not necessarily anti-VNC... by pclminion · · Score: 3, Insightful
      I don't think that creates any legal protection for them. Trojan writers are criminals and you can't reasonably expect them to cease and desist because you added a stupid clause to your EULA.

      If Mr. Rich Lately walked through the unlocked front door of a bank at midnight, strolled down the stairs, opened the vault (which has no locks) and made off with the life savings of a few thousand people, the bank could not just say "Well it's not our fault, it's illegal to steal, after all."

    4. Re:Not necessarily anti-VNC... by NanoGator · · Score: 2

      Heh, no that's not quite equal to what I was saying. It's not to prevent somebody from hacking a computer, (I'm amused that you'd actually think that was what I was saying...), its to prevent MS from being liable to damage from a hacker. If a hacker does damage to somebody, MS doesn't want responsibility. I'm saying MS doesn't want to be responsible if their system was compromised because one of the 'features' of Outlook lets somebody insert a trojan.

      Does it sound absurd? Yep. I know it does. I honestly think MS would try that. Would it work? Well, I certainly hope not, but I doubt it'd be too hard to get a lawyer to use that point. It's not like they're ethical or anything.

      Just to be clear, I'm not defending MS. The global point that I'm making is that I don't think MS is trying to cut off the remote computing business, I think there may be other reasons they added that clause here. I personally think that if it's not to obsolve themselves of responsibility, then maybe it's to force somebody to buy a license of XP in order to do certain things with it. *Shrug*

      Just an idea.

      --
      "Derp de derp."
    5. Re:Not necessarily anti-VNC... by NanoGator · · Score: 2

      Anti-VNC would be XP intentionally disabling ports that are commonly used by VNC. Having a license that reads "Under these vague terms, you need a license of XP on the client machine" doesn't say to me 'We hate VNC', it says to me "We want more money if you're using our OS to do things on two computers."

      Is it evil, yes. Is it 'anti-VNC', I'm not convinced of that.

      --
      "Derp de derp."
    6. Re:Not necessarily anti-VNC... by pclminion · · Score: 3, Insightful

      But that's exactly what I was saying. If MS thinks they can absolve themselves by license agreement, then they're wrong. In my example, the bank would be held liable, even though it's technically illegal for someone to rob the bank. And MS would still be held liable, even though their license agreement essentially says "you aren't allowed to use this feature to break into a system." You can't disavow responsiblity just because you told someone not to do it -- you need to STOP them from doing it.

    7. Re:Not necessarily anti-VNC... by rseuhs · · Score: 3, Interesting
      How many million Windows-boxes were hacked?

      How often was MS sued?

    8. Re:Not necessarily anti-VNC... by raju1kabir · · Score: 2
      Anti-VNC would be XP intentionally disabling ports that are commonly used by VNC. Having a license that reads "Under these vague terms, you need a license of XP on the client machine" doesn't say to me 'We hate VNC', it says to me "We want more money if you're using our OS to do things on two computers."

      "Disabling the ports" is a silly measure, since it is trivially overcome by the VNC developers.

      The advantage of the legal approach is that it works by intent rather than implementation detail, and so can survive adjustments that programmers make to get around restrictions.

      I agree that it's unlikely they were thinking of VNC in particular, but they would be vexed by a version of VNC that created phantom virtual video cards so that multiple users could have their own screen space.

      --
      "Patriotism is your conviction that this country is superior to all other countries because you were born in it." -- GBS
  38. Typical. by Anonynnous+Coward · · Score: 5, Interesting
    This kind of clause is not new. From the Windows 98 EULA:
    torage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on or from which the SOFTWARE PRODUCT is installed, used, accessed, displayed or run.

    The bold text implies that a Windows 98 license would be required, for example, on the BSD machine running a BSD client connecting to a Windows 98 desktop.

    The Windows 2000 EULA is more blunt:

    You may not use the Product to permit any Device to use, access, display or run other executable software residing on the Workstation Computer, nor may you permit any Device to display the Product's user interface, unless the Device has a separate license for the Product.

    Good thing that except for those unfortunates who live in UCITA states, these clauses are likely to mean dick.

    1. Re:Typical. by rabidcow · · Score: 2

      You may not use the Product to permit any Device to use, access, display or run other executable software residing on the Workstation Computer,

      So does this mean that if you run a web server on a win2k machine, you can't let people view your site (ie, use/access the web server executable) if they don't have a license for windows 2000? It looks to me like Microsoft's lawyers are *very* sloppy.

    2. Re:Typical. by sheldon · · Score: 2

      That first one from the Win98 EULA is bizarre.

      It does not seem to me that they are talking about a BSD client accessing a Win98 computer sharing files.

      It sounds like this was text out of say an Office EULA, that got put in there. They're basically saying you can install the software to a network server, but if you run it from that location you have to have a license for each computer doing so.

      This is the wording that forbids concurrent use licensing, which used to be quite possible with Office, etc.

      How this is applicable to Win98 I don't know. Unless you can setup Win98 to boot on a diskless workstation. We used to do this with DOS all the time, but I've never seen that with Win9x.

      The Win2k clause makes sense. They're basically forbidding you from setting up one Win2k machine, and then using a bunch of Win95 machines to connect to it so you can run apps on it without upgrading the licensing on each of your Win95 clients.

      That one I can see. The first clause I think was not well thought out by legal.

  39. Slashdot is wrong as usual. by duffbeer703 · · Score: 5, Informative

    VNC isn't the application that would be affected here. VNC is basically a free version of PC Anywhere.

    The application in trouble here is rdesktop, which allows you to connect a Windows Terminal Server or MetaFrame server over the RDP protocol.

    MSFT doesn't want you to run MS apps on a server without owning a MSFT product. A CAL costs like $30, while a windows xp pro license is like 200.

    I bet this sort of licensing restriction is illegal. I'm sure that IBM and Unisys had similar lines in their EULA's 20 years ago with mainframe systems to force companies to purchase expensive green screen terminals. Today people routinely connect with IBM 3270 emulators without any legal hassles.

    --
    Conformity is the jailer of freedom and enemy of growth. -JFK
    1. Re:Slashdot is wrong as usual. by duffbeer703 · · Score: 2

      Ah, I did not realize that more terminals actually translated into more mainframe power requirements.

      I do recall people at work talking about the oddball terminal types that each system used. I'm currently working a large IT shop in a big state agency, so they have pretty had every system out there since they need to buy lowest bidder stuff.

      Were the terminal specs an open specification, or did they need to be reverse-engineered by system programmers?

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
    2. Re:Slashdot is wrong as usual. by IGnatius+T+Foobar · · Score: 3, Interesting

      Not to worry. The only reason there aren't any Unix, Mac, etc. clients for RDP is because Microsoft's contract with Citrix Systems (maker of the "multiwin" engine that enables Windows Terminal Services to work) specified that Microsoft would not release RDP clients for non-Windows operating systems; that market would belong to Citrix. Citrix believed that they would make the bulk of their money selling ICA protocol to terminal vendors, but then Microsoft turned around and muscled the terminal vendors into using Windows CE on their terminals.

      But it's all irrelevant now: the five-year contract was signed in 1997 and expires this year. Therefore, Citrix is scheduled to die this year. Rest assured that all of the value add that Citrix provides will now be built into the system by Microsoft.

      That includes clients for non Windows platforms. It's a downright draconian licensing model: for each client connecting to Terminal Services, you have to buy a Client Access License, a Terminal Services Client Access License (yes, they're two different things), a Citrix license (if you're using Citrix), and... if you're using a non-Microsoft operating system, or a Microsoft operating system older than the one running on the Terminal Services host... you also have to buy a Windows [2000] Workstation license!

      Add up all that free money for Microsoft and it doesn't really matter what OS you're connecting from.

      --
      Tired of FB/Google censorship? Visit UNCENSORED!
    3. Re:Slashdot is wrong as usual. by Fjord · · Score: 2

      Microsoft also doesn't want you setting up a linux network and having a few Windows machines that are remotely accessible via VNC, unless you license your applications for each of the linux boxes that may use them to open documents that Star Office can't.

      --
      -no broken link
    4. Re:Slashdot is wrong as usual. by duffbeer703 · · Score: 2

      No, not really. Since Windows 2000, TCALs are included with the base OS license.

      To connect a Windows 2000/XP pc to a terminal server, you need to purchase a CAL.

      To connect a Windows 2000/XP to a MetaFrame server, you need to purchase a CAL and a Citrix License.

      To connect a Windows 95/NT4 box to a Terminal server, you need a CAL and a TCAL.

      More info here:

      http://www.microsoft.com/PIRACY/samguide/tools/c al _guide/termserv.asp

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
    5. Re:Slashdot is wrong as usual. by cabbey · · Score: 2

      "The only reason there aren't any Unix, Mac, etc. clients for RDP [...]"

      not sure what planet you live on, but rdesktop.org has a very nice RDP client that runs on Linux and AIX, maybe others.

  40. Re:Is MS really trying to dictate you cannot use V by Skapare · · Score: 2
    Although that license does appear to prohibit use of these products, I doubt MS'll audit a company and punish them for it.

    While that may be true about MSFT lawyers, it may not be true about the lawyers at a company deploying Windows XP. More and more companies are being frightened by efforts like BSA, and while some might be switching over to free (as in no draconian licensing) software, most are just setting up more rigid internal procedures, including strict interpretations of EULAs. In other words, if you install VNC on a Windows XP box, while you might have nothing to fear from MSFT, you could get fired.

    --
    now we need to go OSS in diesel cars
  41. Predictable and not impresssive anymore by justsomebody · · Score: 5, Interesting

    I think there's a greater problem as VNC, because VNC is free. What about all this people that bought Citrix clients. They also access and control Windows desktop with non-Microsoft product. I can't imagine that Citrix reseller would tell you that even though you've purchased a valid license, you've still got to buy access client from Microsoft too.

    Story reminds me on time when I needed to purchase Terminal server. With all the licenses needed (you need WinNT + client licenses + terminal server, but funny is that client side is even more expensive because every client needs Win98 license + WinNT full license + Terminal server access license) I just smiled my self and felt quite happy about my decision to move bussines to Linux.

    I don't know, but that makes accessing WinXP trough SSH illegal too. But where is some Microsoft WinXP SSH client.

    It might came a bit out off topic, but story reminds me on Windows license stickers, that must be sticked on every computer that you sell Windows with. I sell only well designed and expensive cases (otherwise I rather avoid that job), this could break their level of class. It's like some Ferrari reseller would put a sticker on the car he just sold, but to get back. There has come to dispue about this topic and dispute was over the moment I asked for damage covering. You can't sell classy PC case with stickers on it. This just isn't way to do bussines, it's more like cow branding to which ranch do they belong.

    Now in these days of XP licensing, I can't say I haven't expected something like that. Nobody can say that without a lie, even the toughest Microsoft fans.

    To get a little more out off topic (but with a point again). Interesting is how they protect their rights. And what kind of material do they use to lower quality of other products. Recentlly I recived two CD-s for Windows 2000 resellers "How to compete with Linux environment". I don't think that I've ever read this many "bullshit" in my life as I've reada in that material. Just to cover some points (Comparing Win2000AdvSrv with Redhat 6.0, while document is dated late 2001, Linux has no 1000Mbit eth support, Linux has no VPN support, Linux has no PPP dialer, etc, while other file (dated few days in difference) comparing Samba with Win2000 says that weak point of Samba 2.2 is that it doesn't come preinstalled on releases prior to 7.2, so you must set it up on your own...).

    This (sad) reality (unfortunatelly) shows how over protective (no body count and no regrets) thay are. It seems like they'll soon lack of new enemies and they want their customers to become ones. Now with that legal issue about remote control, they've just made competition alias Citrix harder job to copete with their solutions. It wouldn't surprise me if the next step would be selling licenses for use of non-Microsoft software. As how this software is not confirmed by Microsoft and they've got to approve it so this license would be just covering their expenses to test that software. It's long since they've shown that they're interested in money and not in users benefits.

    I know the last claim is off course missed one. But as current events are evolving... Who knows

    bout the article let's just say "Predictable and not impresssive anymore"

    --
    Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
  42. Is this being totally misinterpreted? by NanoGator · · Score: 5, Insightful

    "Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described below, you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product or Product's user interface, unless the Device has a separate license for the Product."

    This is taken out of context, but I'm assuming 'Product' is referring to XP. It doesn't say you can't run VNC, it says that there needs to be a seperate license of XP for the client. That is bogus for VNC users, but if you look a little closer at the wording, I'm not sure they exactly intended to wipe out VNC. It sounds like they're saying 'you have to be using XP to control XP', but that's only true if this agreement is for the home edition of XP. Again, this was taken out of context, but I can't help but wonder if this was taken from the Corporate version of XP's agreement.

    If that's the case, suddenly it makes more sense. What MS is trying to do is get companies to buy the XP Enterprise Edition (at least I assume there's a version like that...) that has 25 client licenses. In which case, using PC Anywhere to connect to that product would require an extra license. This sounds shitty unless you think about it some more. Computers are getting more powerful, right? So it gets to a point where you could have one computer powerful enough to perform a number of people's needs, all you'd need is a terminal to connect to it.

    Let me tell you about an interesting feature that XP has that the rest of the Windows line doesn't: It can have multiple users running programs at the same time. Unix has done this for ages, but XP finally supports this. You can log in as yourself, run a program, then log in as somebody else and run a program there too. In effect, both your programs are still running. A company looking to save a few bucks could make a central computer running XP and hack a version of VNC to divvy up incoming connections into different users. Then they build a bunch of Linux machines using VNC that connect to this server and make it look like a Windows desktop. They could buy exactly one copy of Office and support a whole office with that license. This would be harder to do with Win2K, but it seems like it'd be fairly easy with XP. I think MS's license is saying that you can't do this.

    As a side effect, VNC and PC Anywhere are technically unable to be used legitimately, unless MS specificially says it's ok. They probably have done that with PCAnywhere (there's hints to that effect on Symantec's site), but VNC probably won't be since it's open source.

    Alot of people are interpreting this line of text as an attempt to maintain a monopoly, or to wipe out VNC or something like that, but that really doesn't make a whole lot of sense. If MS really didn't like remote computing, then by default all they'd have to do is disable the common ports used for it. I think it's more likely they're trying to prevent people from doing something that hasn't been attempted yet.

    --
    "Derp de derp."
    1. Re:Is this being totally misinterpreted? by yintercept · · Score: 2

      I agree, it looks more like a ploy to get you to buy spare XP licenses--not to wipe other companies off the face of the planet. That is if you access XP through VPN from linux, you need an extra XP license. This clause does build the monopoly, because it gives an incentive to not having different OSes in the office...i mean you will have to pay for an extra XP license anyway for VPN, so you save nothing by having a linux machine.

      unless the Device has a separate license for the Product.

      You are also right about wanting to see the definition of "The Product" since that is the key of the definition.

    2. Re:Is this being totally misinterpreted? by doug363 · · Score: 3, Informative
      Let me tell you about an interesting feature that XP has that the rest of the Windows line doesn't: It can have multiple users running programs at the same time.
      WinNT (I think) and Win2K (certainly) can do this. Shift-right click a program or shortcut to a program and choose "Run as...". Alternatively, from a command prompt, type: runas /user:Administrator cmd.exe. (You may need a 3rd party program to do this under Win NT, but it should be possible.)

      Services also typically run as different users, as do system processes such as winlogon.exe, svchost.exe, csrss.exe and mstask.exe. As others have pointed out, Terminal Services also allows multiple users to run programs with their own privilages. In fact, Windows NT, 2K, and XP allow finer-grained control of processes, threads, and objects than Unix does. What XP allows is an easy way for multiple users to have their own individual desktops available at the same time (and their own Explorer process running on their appropriate desktop). Download Process Explorer from System Internals to see how processes under NT work.

    3. Re:Is this being totally misinterpreted? by lynx_user_abroad · · Score: 3, Insightful
      I think it's more likely they're trying to prevent people from doing something that hasn't been attempted yet.

      In this industry, that particular activity is usually called innovation.

      This is one of the threats Lessig points to in Future of Ideas; the use of private law (licensing) to prevent innovation by new entrants to the industry.

      --

      The thing about things we don't know is we often don't know we don't know them.

  43. Re:Is MS really trying to dictate you cannot use V by NanoGator · · Score: 2

    True enough. But if you read the license, it says that the client computer needs XP also. So anybody using XP to talk to XP should be safe. That very well could be a 'use XP or use nothing' license, but I seriously doubt they'd use remote computing to try to leverage that. That's such an uncommon practice. I mean seriously, who would they bust on it?

    --
    "Derp de derp."
  44. Re:GPL Prohibits VNC by MajroMax · · Score: 5, Informative
    Screenshots are derived works (they contain copyrighted bitmaps). Under the GPL you cannot copy derived works without distributing the source code to those derived works.

    (Score: -1, incorrect, troll, flamebait.)

    A) Screenshots are products of the program. They are "derived works" in the sense of Copyright law, but they are only derived in the sense that the .bmp files you produce from are derived works -- they are yours to do with as you please unless you were specificially forbidden from doing it by the license of the creator. Which doesn't apply here -- quoth the GPL:

    and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program).

    Since the screenshot isn't of the GNOME source, it's not covered by the GPL.

    B) Even if the GPL did cover the output of the program, which it doesn't, use of VNC still wouldn't be prohibited. The GPL only mandates that you release source to people whom you have given binaries, and that only if they requested it -- if you're using VNC for personal use or internal to your company, no one will be requesting the source so you're fine. If you're allowing complete strangers VNC access, then you have greater problems than possible GPL violations.

    --
    "Evil company X is threatening to restrict our rights! Let's all get together to stop--OOOH! SHINEY!!!" -- AC
  45. The REAL reason by TheSHAD0W · · Score: 2

    I think the REAL reason MS is trying to block this sort of use is because of the new prevalence of multiprocessor machines in the marketplace. I think Microsoft is worried about people running their OS on a single processor, while a less expensive and more advanced OS (not necessarily Linux) handles the entire machine. People would be able to run their favorite Windows applications under this new OS while getting used to it; then, once the software companies get an idea where the wind is blowing and port their apps to the new system, Windows can be dispensed with.

    1. Re:The REAL reason by base3 · · Score: 2
      By that logic, VMWare should really freak Microsoft out. Of course, it might have at one point. Earlier, VMware supported OS/2, then announced a bundling agreement to sell preloaded VMs with MS OSs. About that same time, OS/2 support was abruptly dropped.

      VMware denies it, but I wouldn't be surprised to see that there was a quid pro quo along the lines of MS saying "Look, we won't sue you out of existence if you don't support some of these other operating systems."

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    2. Re:The REAL reason by TheSHAD0W · · Score: 2

      VMWare DOES freak out Microsoft. MS has gone to long lengths to keep people from selling machines with multiple operating systems installed. Thing is, a machine with loosely-coupled processors (non-SMP) might get around that restriction. Microsoft is also stuck with the antitrust albatross hanging around its neck, and can't act too monopolistic. VMWare is an expensive commercial product with (I think) reasons why a freeware version cannot be made, while VNC is free. Also, VMWare can be ungainly, while if you've got a separate processor to run XP as the base OS, you've got no potential for conflict and no overhead.

  46. Re:Shocking... can you connect using any Non-MS OS by SomeoneYouDontKnow · · Score: 2

    I don't have a problem with signed code, as long as:

    • I, as the user, can choose to look at code signed by my choice of certificate authorities.
    • I can choose to disregard these signatures or the lack of a signature and run the code anyway.
    • I can sign code myself, independently of who wrote it and who else has signed it. This would be a great benefit in a business environment, where you only want users to run approved software.

    If the process didn't meet these criteria, I wouldn't want anything to do with it.

    --
    That light you see at the end of the tunnel might be from an oncoming train.
  47. Re:As a wise man once said by AdrianG · · Score: 3, Interesting
    • I've always thought it's funny you don't get to accept or decline the EULA until AFTER you plunk down your money for it...

    Actually, this is exactly why ELUAs are not usually binding. When you pick up the box, take it to the counter, and pay your money, you have completed a contract. The vendor cannot unilaterally change the terms of that contract by surprising you with a piece of paper with additional terms on the inside.

    Actually, the notion of the ELUAs as they are typically attempted by MicroSoft and such are disturbing to me beyond their mere illegality. The idea of ambushing the buyer with additional terms on the contract after the user has already paid for the product is morally repugnant. MicroSoft (along with other vendors) appear to believe that ELUAs should have some force of law, even if the courts know better. If ELUAs were legally binding, wouldn't this ambush tactic be a kind of fraud? How can anyone with a personal sense of honor or any kind of sense of ethics at all perpetrate such a fraud? The very notion of an ELUA hidden from the buyer at the time of purchase with terms as draconian as we keep hearing about from MS speaks volumns of the moral degeneracy that must be rampant at MicroSoft. I would resign from a company before I ever allowed myself to be a party to such a fraud, and I don't understand why the people involved with packaging products and creating these ELUAs at MS don't do this simply to preserve their own integrity. I'm sure MicroSoft would claim that values like integrity, morality, honesty, and honor are very important at their company, but how can we reconcile such a theory with these ELUAs?

    Adrian

  48. Kinda makes sense... if curiously worded. by Balinares · · Score: 4, Insightful

    Okay, so basically, it makes sense -- sort of. I imagine they just don't want people to use software off a Windows XP box without forking the mandatory bucks Redmond's way. Which does make sense, the way they've long been imagining LANs: one Windows client per end user, connecting to the central Windows servers. They just don't want it to be legally possible to 'cheat' and use the server software without paying for the client licenses as well. You may or may not agree with their idea of a network, but hey, whatever works for them.

    However, that part of the license is really strangely worded. It can be read much more broadly than that, effectively forbidding, say, SSH clients connecting to an SSH server on the XP server box and running things there, or any other form of non-MS-client based networking. I wonder if they have something in mind. Do .NET programs, and more precisely, Web services, count as "other executable software"?

    --

    -- B.
    This sig does in fact not have the property it claims not to have.
  49. So much for WinCE and Palm by Picass0 · · Score: 2


    Palm and WinCE devices qualify, depending on how liberally you want to read this. The synchronization of data with a desktop is compromised by such a narrow license.

    Just more anti-competitive FUD. I swear, if the day ever comes where Linux is crippled by new laws and DMCA, I will never go back to M$ Windoze.

  50. FUD by Anonymous Coward · · Score: 2, Informative

    Wow... with all these seemingly sincere people concerned about the remote administration capabilities of their machines; it's funny how not one of you mentioned asking the author of the EULA exactly what they meant.

    In fact, neither did the author of the article on InfoWorld, nor the person interviewed by InfoWorld.

    If you had, Microsoft would have replied, and I QUOTE:

    "That portion of the EULA is only regarding products that allow multi-client Terminal Services, or Citrix [Metaframe] style access to the machine. It has nothing to do with VNC... there is nothing in the EULA that prevents remote access for administration..."

    The quote is from a MS rep that I reached on the phone in about 5 minutes. Gee... that was hard, huh?

    Of course, nobody really cares about the truth... enjoy your silly FUD.

    1. Re:FUD by base3 · · Score: 3, Insightful
      The quote is from a MS rep that I reached on the phone in about 5 minutes. Gee... that was hard, huh?
      Of course, nobody really cares about the truth... enjoy your silly FUD.

      I'll concede that the article is just FUD iff your MS rep is willing to put it in writing under his signature as a representative of the company. (A pointer to a scan of the letter will suffice as proof.)

      Otherwise, his statement means nothing.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  51. So what i'm wondering by Spit_Fire1 · · Score: 2, Funny

    If you use Back Orifice, or netbus or any of the other fake hacker tools like that, is it the attacker or the victim that has to pay for the extra license or be scared of the M$ SWAT team?

    --

    "The secret of success is to know something nobody else knows." -Aristotle Onassis
  52. Unix vendors have tried this for years... by Above · · Score: 3, Insightful

    Anyone who has used the major vendors Unix offerings has been hit by some version of "per user" licensing before. Those who have seen this conclude they are all broken.

    Many unix vendors only allow 2 "users" to be loged in at once in default installs. Of course, if you install software that doesn't write to utmp (be that an SSH server, or a web server, or any number of other things) then the limit doesn't apply. The number of ways around this are numerous, and most don't even violate the license.

    Microsoft, finally getting with the program, has a similar problem. Their software can finally support multiple users and applications in a reasonable way. They realize, rightfully so, that one big honkin machine, running the same software, can serve hundreds of users. Rather than hundreds of machines, each with a license.

    This is a prime example of "value based pricing". I don't think the concept is bad, but many of the implementations are, well, bad. I'm afraid that there will never be a good solution to this problem.

    The most fair thing I can come up with is to charge a business per user. Period. If those users all log into a single computer, or each have their own, the fee should be the same. Thus companies can decide to be client server, with a PC on every desk, or mainframe like, with a big server or two and dumb terminals, all at the same cost. In the end, the cost to the software company to develop both is fairly similar, and having the price be the same prevents killing one market in favor of another.

    I feel microsoft's wording is overly restrictive here, but at the same time there are more than a few companies who would only buy one copy of {Windows, Office, Linux, Photoshop, etc} if they could find a way to get away with it, including spending a pile of cash on a central server. It's really sad that people won't pay for good software.

    1. Re:Unix vendors have tried this for years... by smyle · · Score: 2, Insightful
      The most fair thing I can come up with is to charge a business per user.

      While that may be "fair" for a business with lots of desk jockeys, I don't think it's very fair for a few other situations.

      Consider a factory with lots of laborers. Most of them won't use a computer more than a few minutes per day, if that. They could easily have 1 PC for 100 users, just so they could check e-mail / daily announcements / change orders, etc.

      I know you said "businesses", but I work for a school. We are very fortunate that we have about a 3:1 student/computer ratio. Most schools have an 8:1 or 10:1 ratio. So now MS get to charge for all these people that can't even access a computer all at once?

      Windows used to come with a "per seat" license, which, though difficult to define, did work for most cases. Why did they stray from that for XP?

      --

      Sleep is just a poor substitute for caffeine, anyway. -Bob Lehmann

    2. Re:Unix vendors have tried this for years... by schmaltz · · Score: 2

      While that may be "fair" for a business with lots of desk jockeys, I don't think it's very fair for a few other situations.M

      Yeesh. "per seat" / "per user" / "per computer/cpu" -it all means that you need to buy one copy of the software to run on one computer. End of story. Don't believe I've ever encountered a package that required a new license for each user that sat down to use it for five or ten minutes a day, that'd be stupid. Even windows lets you have many user accounts per license, so long as one is logged in at a time (unless you run a terminal server, then its different.)

      --
      Big Daddy, Johnny, Burp, Aunt Zelda, Scott, Slurp, Big Momma ... where's Siggy?
  53. Re:Misinterpretation? -- No, MS Interpretation by miniver · · Score: 2
    It's hard to tell without the context of the quotation, but I would assume 'the Product' to refer to Windows XP or Remote Desktop. The emphasis also seems to be on "unless the Device has a separate license for the Product.". That seems to me to have a significant different implication than we are led to believe by the article.

    That would tend to imply, to me (and mostly likely to a lawyer as well), that in order to access any applications running on an XP box remotely, the remote 'client' would (1) have to be XP, and (2) would have to have licenses for each of the applications to be run. I don't know about you, but when I've used VNC to remotely access Windows boxes, it's been because I couldn't run the application in question on my current machine (ie: my client was Solaris, or Linux, or even a Palm Pilot).

    Now as for the Microsoft interpretation? I would assume an interpretation consistent with my 24 years of using Microsoft software -- the worst case.

    --
    We call it art because we have names for the things we understand.
  54. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  55. This is going to cause problems MS (And I'm glad) by Juise · · Score: 2, Informative

    The reason I say this is going to cause MS some problems is becuase of a experience I just went through with a game server. I set up a Ghost Recon dedicated server at the colo facilites where I work. Wasn't I surprised when I found out that you can NOT use Remote Desktop to start the game, because the game engages a Direct x window that MUST draw to the local screen. Since Remote Desktop draws the remote client the server dies. Thank God for VNC. If it wasn't for VNC I'd have to drive to work just to make changes to the game. Pretty lame.

    If only Ubi would port the server to linux I'd be a happy man.

    --
    The past is just the present only older -me-
  56. Hmmm... by zulux · · Score: 2

    If Microsoft can present an EULA to me, after I purchase their software, then I can give them an EOLA - End Ownder License Agreement

    1. This EOLA supercedes all previous EULAs.
    2. This EOLA give all rights to this computer to the owner of this computer.
    3. This EOLA gives the owner of this computer the right to do any damn thing he/she wants to with it.
    4. This EOLA can be changed at whim by the owner of this computer.
    5. By letting your software install on the owners computer, you agree to all the terms of this EOLA.

    --

    Moneyed corporations, non-working 'poor' and criminal prisoners are turning productive citizens into tax-slaves.

  57. Re:moderators, do your job!! by NanoGator · · Score: 3, Insightful

    Ooookay. So it's more likely that MS is trying to cut off use of VNC than it is trying to prevent people using Windoes XP like they intended?

    I don't see why you want me modded down, doesn't sound like you read my post at all.

    --
    "Derp de derp."
  58. What about digital switchboxes? by Hardware_Bob · · Score: 2

    what if I have a KVM switch which has a digital access method? .. this techically falls under this agreemnt, but it's a COMPLETEY seperate system... it's like saying "this broadcast may only be viewed on sony approved televisions. if you are using another television, turn off now"

  59. It's not about VNC; It's about Client Licenses by rjamestaylor · · Score: 2
    • "Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described below, you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product or Product's user interface, unless the Device has a separate license for the Product."
    (All your emphasis belong to me) It's not that you have to use WTS. It's that you must have a client license on the remote machine.

    Windows Licensing: turning an industry to Linux since 1996.

    --
    -- @rjamestaylor on Ello
  60. You can read this stuff 1,000 ways by kawika · · Score: 2

    I've included a bigger piece of the XP Pro license below to show what they were trying to do. You can see the 10-connection limit and that connections can only be made to MS-approved services (IIS, MS "File and Print Services", "remote access", and not much more). Note the important use of the proper name for File and Print services. One interpretation could be that it's against the XP license to run Apache or any custom-written app that might listen on a socket and send a response. You can't even have a time server!

    What "remote access" encompasses isn't completely spelled out. I don't see why VNC wouldn't count as "remote access" though. The last half about "Except as otherwise permitted by the NetMeeting ..." only makes sense if you also allow the things mentioned in the first half. After all, any use of File&Print or IIS will "use...executable software residing on the Workstation" right?

    IANAL etc. Here's the license clause:

    Installation and use. You may install, use, access,
    display and run one copy of the Product on a single
    computer, such as a workstation, terminal or other device
    ("Workstation Computer"). The Product may not be used
    by more than two (2) processors at any one time on any
    single Workstation Computer. You may permit a maximum
    of ten (10) computers or other electronic devices (each
    a "Device") to connect to the Workstation Computer to
    utilize the services of the Product solely for File and
    Print services, Internet Information Services, and remote
    access (including connection sharing and telephony
    services). The ten connection maximum includes any
    indirect connections made through "multiplexing" or other
    software or hardware which pools or aggregates
    connections. Except as otherwise permitted by the
    NetMeeting, Remote Assistance, and Remote Desktop
    features described below, you may not use the Product
    to permit any Device to use, access, display or run other
    executable software residing on the Workstation Computer,
    nor may you permit any Device to use, access, display,
    or run the Product or Product's user interface, unless
    the Device has a separate license for the Product.

  61. According to this article? by JamesOfTheDesert · · Score: 2
    According to this article in Infoworld, the XP license prohibits products other than from Microsoft's from being used to remotely control an XP workstation.

    But what does Microsoft have to say about it? Nowhere does the article mention anything about trying to contact Microsoft for a statement on the matter. I guess that would violate the rules of good Infoworld journalism.

    --

    Java is the blue pill
    Choose the red pill
    1. Re:According to this article? by nagora · · Score: 2
      But what does Microsoft have to say about it?

      What MS has to say about it is printed in the EULA.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  62. Makes me laugh by lkaos · · Score: 3, Insightful

    I'm sorry folks.

    I'm tired of hearing people bitch about Windows. Linux is a better OS. You have no excuse. Go and buy RedHat and stop bitching about the MS EULA.

    It reminds me of all those people who bitch about voting because we have a "two party system" and then on election day, they still vote for democrats or republicans. Either your part of the problem or the solution.

    --
    int func(int a);
    func((b += 3, b));
    1. Re:Makes me laugh by Rascalson · · Score: 2, Funny

      Bingo!! Wish I was uber enough to have mod points :)

      --
      prisoner# msce18xxxxx. Currently planning my escape.
  63. Re:Anything to Limit MS by Melantha_Bacchae · · Score: 5, Insightful

    An AC wrote:

    > Sure, punish success. That'll inspire people to create!

    Microsoft has broken the law and been found guilty. That is a matter of public record (verified by an Appeals court). Breaking the law carries a penalty.

    Allowing Microsoft to break the same laws over and over (like they are doing now) and to let them successfully get away with it only inspires them and others to continue breaking the law. Microsoft needs to be punished so they and others will take the law seriously.

    Take this case for example. The EULA of XP is forbidding the use of an entire category of software if it comes from a third party. If XP does catch on to become the version of Windows used the most, then everybody else making that category of software is immediately out of business, regardless of how successful or good their product is. How exactly does that situation inspire people to create? It doesn't, it punishes them for trying to create. Microsoft is wrecking their businesses just because Microsoft is greedy and wants people to buy more licenses.

    Maybe you don't care about Microsoft's victims. When Microsoft starts charging you for every time you turn your computer on, will you care then?

    Then it will be too late.

    What happens when you embrace and extend Godzilla? Nuclear heartburn!
    See "Godzilla 2000" (released in Japan as "Godzilla 2000 Millenium") for details.

  64. I'd like to refine my point a bit... by NanoGator · · Score: 2, Troll

    Heh talk about Karma roller coaster. Somebody actually tried to get my post modded down. I guess it worked because somebody modded me down as a troll. Can you believe that? I provide an alternative point of view, and I'm a troll?

    I'd like to thank Drunken_Jackass for bringing nothing to this discussion. I never said it wasn't possible to do so (although I don't think Terminal Services quite works that way, but that's a seperate discussion...) today. I said that MS doesn't want people to use one license of their OS with 25 people using it. That's what 2000 Enterprise Edition 25-licenses is for. I would like to thank Drunken Jackass for oversimplifying my point and getting me modded down.

    My point still stands, and my feelings aren't hurt by being modded down. If my point is overrated or irrelevant, that's fine. It'd be nice if I were being modded appropriately, though.

    "Is this possible? With XP can multiple users run multiple programs at the same time in a usable manner? Sure you can start up office; start typing a letter, leave office running and log in as a different user without shutting down office, but can two users log in and run it at the same time without interfering with each other. When I run PC Anywhere on my win98 box; i can't connect more than once; the two users would interfere with each other. Does XP resolve this??? excuse my ignorance; but I haven't seen XP yet (nor do I intend to)"

    XP doesn't resolve this without the client/host software being modified. However, the ability to run seperate programs as seperate users means that the hard part is already done. We're not talking about multiple instances of the same program, we're talking about multiple instances with different users. Office thrives on different users.

    So the answer is "no, not yet. But it woudln't be that hard."

    --
    "Derp de derp."
  65. The Point by nahtanoj · · Score: 3, Informative

    The point I didn't make before was this:
    That there is something fundamentally wrong with software companies telling people what they can and cannot do with their machines. I wonder when it was that MS went from being a distributer of software to being, well, a mafia-like organization. If you think about it, this is how a a mob works.

    And I do run Linux at home, I was just bitching for the public comsumption

    nahtanoj

    1. Re:The Point by mpe · · Score: 2

      That there is something fundamentally wrong with software companies telling people what they can and cannot do with their machines.

      Not just software companies. Having seen the software industry get away with it the music, film and TV industries want to "play" too.

      I wonder when it was that MS went from being a distributer of software to being, well, a mafia-like organization.

      It must have been before they started dodgy deals on OEM licencing.

      If you think about it, this is how a a mob works.

      When it comes to the US justice department they don't appear to have thought very hard. No attempts to use RICO against Microsoft and let the anti trust trial drag on for long enough as to be meaningless.
      Right now Microsoft see's itself as being able to write it's own law...

  66. Symantec? by FakePlasticDubya · · Score: 2

    What do they have to say about this... I know PC Anywhere 10.1 is "XP Complient" ... and all of that. I think this is being taken out of context

    --

    "We shall show mercy, but we shall not ask for it" -- Winston Churchill
  67. The simple solution is to not use the product by 3seas · · Score: 2

    Seriously I do not know what the problem is.

    Simply do not use the product.

    All that is really happening is MS is creating
    and changing the rules as they go along, with
    their product. and doing so in order to serve
    them and only them.

    It's not like there isn't other options and possibilities.

    Free software (as defined by FSF) can beat anything MS does
    in constraint, by simply doing it better witout such false
    constraints.

    If anything this should be inspiration to do better with
    Free Software, where there is no inherent motive to create
    such false (not constrained by natural physical law)
    constraints. As such the Free Software will be more powerful
    and productive.

    Don't argue about it, just do it and prove it.

    Key term "the Hurd"

  68. Some just noticed! by 1nt3lx · · Score: 2, Funny

    The most amusing part is that XP has been available for some time now and someone finally noticed this clause.

    It makes me wonder what else is floating around in there.

  69. Intent vs Wording by _Sprocket_ · · Score: 3, Insightful


    No one cares if you remote control it for administrative purposes.


    Really? Does the license make an exception for "administrative purposes"? The quoted portion in the article certainly doesn't point to one.


    It might shock you and other readers, but a license in based on the wording of that license. The letter of the law, as it were. Not on any individual's interpretation of its intent.


    Granted, you wouldn't be alone. It wouldn't be the first time an astute reader pointed out a particularly nasty bit of licensing, the issue was published, a company experienced backlash and then promptly assigned their PR people to profess confusion over the issue as the license is reworded and its new version published. Even professionals don't always grasp what their legal / licensing team is up to.


    Of course, sometimes they do. And then the end user / organization is forced to deal with the license. Or legal action.

  70. Your windows license only valid with... by jelle · · Score: 3, Insightful


    Your Windows software License is only valid for use with the following list of MS-approved software programs...

    "Well, I guess Microsoft finally figured out how to take care of the thousands of trojans out there... Just forbid them in the EULA, and surely they'll all go away ;-)"

    No, it's not. It simply means that every computer that has a trojan on it suddenly is out of license for Windows.

    Since so many windows PC's out there _are_ trojaned (I still get minda scans in my firewall logs), that means that they can tell all these people to buy pay them a lot of damages, because the computer owners have committed breach of contract by installing the trojan on their computer.

    So, Microsoft will not scan the Internet itself for port 31337 (backorifice) and others, and when it finds a trojan, they can send in the troops...

    Actually, they can just bundle VNC with the next IEploder or outlook 'security update', making everybody who installs it out-of-license. They could then also claim billions more tax deductions to piracy losses.

    --
    --- Hindsight is 20/20, but walking backwards is not the answer.
  71. They can claim anything they want.. by defile · · Score: 4, Informative

    That still doesn't change the fact that their EULA is not legally enforcable.

    The whole big deal with UCITA is to make these shrinkwrap/clickthrough licenses legally binding. Otherwise it's just bullshit.

    Would they sue you over it? Maybe, but they probably won't win on purely legal grounds.

    1. Re:They can claim anything they want.. by pjrc · · Score: 2
      That still doesn't change the fact that their EULA is not legally enforcable.
      Would they sue you over it?

      No, that's not the way the "system" works.

      The BSA gets a tip from a disgruntled ex-employee. It does not even matter if the informant is lying, the BSA shows up and demands an audit. No due process is involved, the BSA presumes that every installed piece is software is a violation unless the original registration info is documented to their stringent satisfaction. There are plenty of stories about software being considered pirated despite an invoice showing that the PC shipped with the installed software from a reputable vendor, only because the little hologram was lost years ago. The audit process is expensive, even if the organization is fully compliant and every piece of software is properly licensed. Even if a good faith effort has been maintained for many years, inevitably there's some machines without documentation or a few machines where someone copied some software (rushing to meet a deadline and needed a program, damn thing wouldn't print unless some-such version re-installed, etc, etc).

      So the BSA demands a settlement, which consists of a large payment to the BSA, and purchase of licenses for all the unlicensed (or simply undocumented, but was legally purchaed) software. The details about these payments are a bit fuzzy, since they're negotiated, and techie types who share stories about being audited aren't usually involved in that phase. Rumor has it that they're based on some fraction of the allowable penalty based on copyright law. It recently came to light that the (for-profit) BSA keeps all of that money... none of it goes to the software vendors. The vendors only get the sale of additional licenses, and another customer who creates a bunch of ultra-paranoid policies about acquisition of new software, so that their assed will be properly covered in the unlikely case of another audit.

      And indeed, that sense of fear and the resulting policies among customers is quite valuable to software vendors. Organizations thereafter tend to "dot their I's and cross their T's" when it comes to software. They tend to review the EULAs and ask questions about what licenses they need to be fully compliant. They don't take chances. They know that it doesn't matter what would or would not hold up in court. What truely matters is what the outcome of a BSA audit will be, and what sort of position the BSA will be in the demand/extort a "settlement".

      Now, in a brief effort to on-topic, this EULA clause seems to say that MS believes you need an XP license on any "terminal" that would access another XP remotely. The exceptions for their own apps are a bit suspicious... I suppose one would have to consult with a attorney. But questions about what is and isn't allowed will most likely be directed to a Microsoft sales rep. If the rep says XYZ licenses are needed, then that is the answer and the purchase decision will weigh the business needs for the software against the costs for those licenses. The process doesn't usually involve having a lawyer review the EULA, when the sales rep will give a definitive answer (at no hourly charge). A lawyer would usually not give a definitive answer anyway, since nobody's gone to court over it.

      But a lawsuit is a moot point. It does not matter what would "hold up" in court, because it won't come to that. What matters is satisfying software acquisition policies that are written with a "cover your ass" slant, due to fear of a BSA audit... either bitter memory from a past "experience" or fear of what might happen based on stories from other organizations and scare-tactic literature from the BSA.

      Did I mention that it doesn't matter one damn bit what might or might not hold up in court??

      I really must admit that this post is based on about a dozen stories I've heard of BSA audits, 2 of them directly from people (that I know, and in told in person) who worked at the audited company shortly after they were nailed by the BSA.

      It would be interesting to hear from folks in IT departments with cautious software acquisition policies about how they handle these unknowns in licensing requirements. (hint hint... if anyone even manages to read this among so many other posts).

    2. Re:They can claim anything they want.. by defile · · Score: 2

      And indeed, that sense of fear and the resulting policies among customers is quite valuable to software vendors. Organizations thereafter tend to "dot their I's and cross their T's" when it comes to software. They tend to review the EULAs and ask questions about what licenses they need to be fully compliant. They don't take chances. They know that it doesn't matter what would or would not hold up in court. What truely matters is what the outcome of a BSA audit will be, and what sort of position the BSA will be in the demand/extort a "settlement".

      First, IANAL.

      If the BSA ever drops by, kick them out of your office. Let them sue you and then countersue them for restraint of trade. The grounds being that EULAs are not legally enforcable and even with good faith attempts to remain compliant it's difficult. If the BSA's suit demands basically what you pasted it'd reek of nuisance suit and courts respond very harshly to that.

      The only people who can get away with shit like that is the IRS. :)

    3. Re:They can claim anything they want.. by defile · · Score: 2

      I mean I can't imagine a court doing more than simply ordering you to purchase the missing licenses, and maybe a slap on the wrist fine if the BSA can prove you were lazy about it.

      The only case where I can see an actual judgement of $100,000 per copyright is if you were redistributing software. If you're not doing that (which is basically what the BSA was formed to deal with) I really can't see a court punishing you as severely as the BSA wants to.

      And again, if the judge thinks the BSA is being that unreasonable and you've shown that you made a good faith attempt to stay current, they may just judge in your favor and compensate you for the hassle plus a little extra to punish the BSA.

  72. RDP client for UNIX by ces · · Score: 3, Informative

    There is a RDP client for UNIX/Linux. It's called RDesktop and it works quite well.
    http://www.rdesktop.org for more info.

    --
    Happy Fun Ball is for external use only.
  73. rdesktop killer by VikingBrad · · Score: 2, Interesting

    This restriction is to make illegal the use of products such as rdesktop (http://www.rdesktop.org) not VNC. Although it reads that you would need 'the Product' Windows XP Pro on the dekstop that is accessing the host. Windows Termial Services is included in W2K server and is used in WinXP for Remote Desktop. In W2K TS each client must either be a Windows 2000 Pro or Windows XP Pro desktop or have a separate W2K TS Client Access License. And if you haven't guessed a W2K TS CAL costs about as much as a desktop license so you pay the MS tax either way. This is to prevent free Unix desktops running essential Windows applications that they cannot find functional alternatives on the Unix platform and hence continue the hegemony. Cheers VikingBrad

  74. Forget PCAnywhere! What about.... by rjkimble · · Score: 2
    The keyboard? The mouse? The monitor?

    The portion of the license quoted in the article leads me to believe that it may be necessary to purchase a separate license for each of these "devices." These MS guys are even sneakier than I thought!

    OK. Maybe there's something in the context of this quote that says it applies to "remote" devices. I don't run XP, so I don't have a copy of the license handy.

    Just a thought. :-)

    --

    Guns don't kill people -- people kill people.
    But the guns seem to help a bit. (apologies to Eddie Izzard)
    1. Re:Forget PCAnywhere! What about.... by PhilHibbs · · Score: 2

      I guess they are going to amend the Microsoft Mouse and Microsodt Natural Keyboard licences to permit their use to control Windows XP. Then they also need to bring out a Microsoft Monitor as well, that is licenced for displaying Windows XP. They'll sell a ton when everyone realises that they have to buy one in order to legally use their shiny new XP machines.

  75. Sure it's not the head of the IT as^H^Hbehind? by A+nonymous+Coward · · Score: 2

    Which part of the anatomy are they interested in?

  76. No more MS web servers? by bkocik · · Score: 2, Funny
    ...you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation Computer...

    Does this mean that companies that offer downloads of binaries can't use WinXP for their web servers? After all, that would allow unlicensed users to both "access" and "run" (via the "open the file from this location" option in download dialogs) "executable software residing on the Workstation Computer".

    Sounds like MS doesn't want the web anymore.

  77. Re:What about PWS? by omega9 · · Score: 2

    I don't know if it's possible to run a full blown instance of IIS on WinXP...

    WindowsXP Pro comes with IIS 5.1. And yes, it is "fully blows".

    --
    I'm against picketing, but I don't know how to show it.
  78. They don't want you to use workstations as servers by Ungrounded+Lightning · · Score: 5, Insightful

    ...you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product or Product's user interface, unless the Device has a separate license for the Product.

    Notice that last part, where they prohibit running the windows user interface remotely on a machine that is NOT licensed for windows. What they want to prevent is using workstation licenses to set up a "windows server", which could let you run windows programs from a non-windows machine.

    This is to keep people from buying a small number of windows licenses and putting a few machines running VNC or the like in the server room, to run those few windows applications that the company hasn't been weaned from yet.

    Again they're monopolizing - this time by trying to block migration paths from windows to non-windows shops.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  79. Sure it does. by Ungrounded+Lightning · · Score: 2

    That's nonsense. VNC does not allow you to "setup a Windows box and have 50 Linux desktops connect to it"--VNC doesn't magically transform a single user Windows machine into a multiuser machine.

    It doesn't have to turn it into a TIME-SHARING multiuser machine to turn it into a multiuser machine. One user at a time is QUITE enough to put a big scare into Microsoft.

    You see, they want you to buy a license for EVERY desktop on your site. If you're trying to convert a company from Windows to Something Else, you'll have a period - possibly forever - where there are still a few Windows-only apps that your people need to run occasionally. A small number of servers that can be remote-accessed from NON-Windows machines can server a large number of occasional users.

    So Microsoft modifies the ELUA so you have to have a Windows license for, and be running Windows on, every machine where you access the Windows server.

    See?

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:Sure it does. by shogun · · Score: 2

      So Microsoft modifies the ELUA so you have to have a Windows license for, and be running Windows on, every machine where you access the Windows server.

      So basicly if the machine is internet connected I am going to need several million licenses to cover every single client machine that is hooked up to the net?

  80. Read more closely by achurch · · Score: 3, Insightful
    "Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described below, you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product or Product's user interface, unless the Device has a separate license for the Product."

    this is really stretching it, but say you've got a dual boot machine with linux/XP on it. by reading this license you can't boot to linux and remotely run any software on the box.

    Wrong, at least going by the quote above--note how it says "you may not use the Product to permit any Device to use, access, display, or run . . ." Since "Product" presumably refers to Windows, the clause doesn't apply while you're running Linux. (It might, on the other hand, apply if you had an emulator running Linux under Windows.)

  81. Does anyone read the EULA? by QuaZar666 · · Score: 3, Informative

    it seems as though no one has read the XP EULA and the nonsense of all the comments. let me post excerts from it. No where Does it mentions anything about Remote Assistance and that you can not use VNC and it says that if you use Netmeeting, et al, you can use the other persons Word in the session.

    Qua

    * Installation and Use. Except as otherwise expressly provided in this EULA, you may install, use, access,display and run only one (1) copy of the SOFTWARE on the COMPUTER. The SOFTWARE may not be used by more than two (2) processors at any one time on the COMPUTER, unless a higher number is indicated on the Certificate of Authenticity. You may permit a maximum of ten (10) ("Connection Maximum") computers or other electronic devices (each a "Device") to connect to the COMPUTER to utilize the services of the SOFTWARE solely for File and Print services, Internet Information services, and remote access (including connection sharing and telephony services). The ten (10) Connection Maximum includes any indirect connections made through "multiplexing" or other software or hardware which pools or aggregates connections. Except as otherwise permitted below, you may not use the Device to use, access, display or run the SOFTWARE, the SOFTWARE's User Interface or other executable software residing on the COMPUTER.

    * NetMeeting/Remote Assistance/Remote Desktop Features. SOFTWARE may contain NetMeeting, Remote Assistance, and Remote Desktop technologies that enable the SOFTWARE or other applications installed on the COMPUTER to be used remotely between two or more computers, even if the SOFTWARE or application is installed on only one COMPUTER. You may use NetMeeting, Remote Assistance, and Remote Desktop with all Microsoft products; provided however, use of these technologies with certain Microsoft products may require an additional license. For Microsoft and non-Microsoft products, you should consult the license agreement accompanying the applicable product or contact the applicable licensor to determine whether use of NetMeeting, Remote Assistance, or Remote Desktop is permitted without an additional license.

  82. Re:Just another nail in the M$ coffin by dcavanaugh · · Score: 2

    "People always say that stupid "M$" thing - really get over it - its not funny, its not that creative, and its kind of juvinile."

    It's an abbreviation. Deal with it. If it bothers you so much, go ahead a publish a list of authorized abbreviations for everyone to use. Good luck.

    "But on the meat of the conversation.
    1. No one ever switches from MS. Well, some people do. But all of the people here, who bitch, who moan - they never switch..."


    It's easier to dump M$ servers than it is desktops. I'm choosing Linux over M$ where it makes sense -- it's happens more and more as time goes by, the latest example being the remote control restrictions. Thanks to this little stunt, M$ is now totally unsuitable for my applications in Mexico & Switzerland. Adios M$!

    "2. I have no respect for any of the anti-MS's around here who stick with MS. Make a stand. Switch and tell them why..."

    That's the one thing you got right. Lost revenue is the only language M$ understands. I hate their XP corporate licensing, specifically the "Software Assurance" feature. As a result, I'm freezing deployment of M$ apps at the "2000" product level for North America, Asia, and Europe. We're not buying the upgrades unless they offer a better deal, and if they don't hurry up, we'll phase them out over time. It's only about 750 seats plus 20 servers, but I'm not the only one doing this. Believe me, they know XP licensing is a big problem.

    "Here's a tip. IF YOU DON'T LIKE MS SOFTARE ACTUALLY SWITCH TO SOMETHING ELSE. ITS ENTIRELY VOLUNTARY."

    I would elaborate more on how much I'm deleting M$, but I wouldn't want my competitors to find out how easy it is or how much money can be saved. Let them learn on their own.

    "And I knwo the responses that come from that type of statement - "but but my boss makes me" or "but but learning something is hard". Well suck it up.

    My boss counts on me to not leave the company stuck with expensive, nonstandard, unsecure, and unstable software. Therefore I'm always investigating M$ alternatives. The basic idea is to have an exit strategy for every technology product that you bring in the door. Platform independance is what ultimately gives you choices when the vendors get out of control.

  83. Re:They don't want you to use workstations as serv by AVee · · Score: 2, Interesting

    Notice that last part, where they prohibit running the windows user interface remotely on a machine that is NOT licensed for windows. Replace windows with the same edition of Windows XP. The Product means the Windows XP and whould exclude all other versions of Windows, even any future version of Windows. Even using any future MS remote control software named differend then NetMeeting, Remote Assistance, and Remote Desktop whould be a violation of the license. I think you're right about the intentions, but if I can't 'use ... the Product...' on a device that doesn't have a separate license for the product, how about using parts of the product? What about using a file share from a win98 box, that whould be 'using the product'. And setting up a proxy that does autodial for a tree computer home network would be 'running executable software residing on the Workstation Computer' That would even go for a shared printer, sending a print job would be running executable software, and whould thus have to come from another XP box, or it whould be violating the license. I think this clause excludes about everything that a simple home user with more the one computer whould want to do. Surely that wasn't MS intention, but it's what i read here. No big deal for me, I won't use XP anyway...

  84. Old news by epsalon · · Score: 3, Interesting

    This has been reported ever since WinXP license was released. I myself saw this problem in XP license.

    But who cares? I installed VNC on XP anyway and it works great (never could make the original "remote control" work because it needs another XP system).

  85. Just naive or stupid? (Re:That doesn't mean VNC..) by rseuhs · · Score: 5, Insightful
    Aren't people really too dumb to realize that shit like this is just the first step?

    Now it's "no big deal, VNC runs just fine".

    In 2 years when the next version comes out and VNC won't run anymore it's "no big deal, VNC wasn't legal anyway, it should not run"

    It's the same with WPA:

    Now: "No big deal, it works fine"

    In 2 years: "Subscription is great because you don't get any WPA-codes for unsupported versions anymore anyway."

  86. Re:As a wise man once said by rseuhs · · Score: 2

    Don't worry, I'm sure the next version of Windows will include a feature which will prevent evil piraters (TM) from violating the EULA.

  87. My Major Issue by boris_the_hacker · · Score: 4, Insightful

    My major issue with this is not the license, but the lack of choice for the end user. As a consumer, I can't go a buy a new computer without getting a copy of XP. I am forced into this license. But then again, that is why this causes so much fuss. I suppose now that I have gone from playing to 'getting the job done' choice is very important [being dictated to as to what I can and can't do when I am also forced into a license].

    Atleast with the GPL et al I can choose not to install it.

    --
    chris at darkrock dot co dot uk
    http colon slash slash www dot darkrock dot co dot uk
  88. Easy fix by BlueUnderwear · · Score: 5, Interesting
    Print out the EULA, strike the offending paragraphs out, have it notarized, and send a copy in a certified letter to Microsoft, with a note saying that their signature (on delivery of letter) is acceptance of the ammended terms. End of story.

    They won't dare fight you on this, because if they win, it would basically invalidate the whole EULA concept: if a click can be considered to be agreement, so can a signature for a certified letter...

    --
    Say no to software patents.
    1. Re:Easy fix by jimbolaya · · Score: 2, Insightful
      Clever, but of course, this difference is that when you click the "agree" button, you have had an opportunity to read the agreement, even though the majority of us probably do not. When someone at Microsoft signs for your certified letter, they have not yet had a chance to read the contract you contained within the envelope.

      Now, I'm not saying I agree with Microsoft, I'm just playing devil's advocate. Which one might think is one in the same.

      --

      There ain't no rules here; we're trying to accomplish something.

    2. Re:Easy fix by renehollan · · Score: 2
      Sigh.

      The GPL is the only thing that gives you the right to have and use the software (if your're not the copyright holder).

      If the GPL is not enforcable, you have NO right to the software at all.

      --
      You could've hired me.
  89. I'm confused by nagora · · Score: 3, Insightful
    You seem to be saying that VNC is allowed and then you quote the EULA which says that you can't export the UI. The second paragraph also makes it quite clear that VNC is not allowed and that even using NetMeeting etc to use another person's program will require that the license for that product specifically allows such actions.

    So, are you agreeing or disagreeing with the story?

    TWW

    --
    "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  90. Re:Is it even being enforced? by nagora · · Score: 2
    I'm pretty sure I didn't read anything in the article about Microsoft actually enforcing this.

    Have you never heard of MS license audits? There is lots of evidence that this is the sort of thing MS does enforce.

    TWW

    --
    "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  91. Re:What about databases? by rwj · · Score: 2, Interesting

    At a previous company we were running Oracle. When we looked at migrating it to a WinNT server, we would have needed to get MS CAL for all the windows boxes in our LAN to allow us to use Oracle.

    I could have seen that if we were offering File and Print services, but to allow clients to access a seperately licensed product purely using TCP/IP services?

    We ended up using Digital Unix instead of NT.

  92. Just those products? by The+Madpostal+Worker · · Score: 2

    SMS used to have a desktop control feature too. SMS 2.0 was supposed to have support for 2000 and XP. Actually, I'm remembering all my nightmares abuot working with SMS. This could be a good thing, now that I think about it SMS should be illegal.

    --

    /*
    *Not a Sermon, Just a Thought
    */
  93. Request for Netopia's (Timbuktu Pro) spin on this: by Kalak · · Score: 2, Interesting

    I sent this via their web form this morning. If they don't post their response here, I will.


    Could you address the following posting on Slashdot, regarding the Windows XP license and what this means in terms of using your product legally on Windows XP? This is especially an issue for those of us that use Macintosh computers to connect to other TB2 boexs on our network (like here). While XP has only just begun to enter my shop, it will. I want to know if this is an issue. (If it is, you should sick your lawyers on them, since they're forcing you and Symantec out of this market.)

    --
    I am, and always will be, an idiot. Karma: Coma (mostly effected by .hack)
  94. I don't think MS is really going after AT&T by Anonymous Coward · · Score: 2, Insightful

    Doesn't it seem a little more likely that MS is concocting a legal experiment with the idea of going after people who make/use trojans like Cult of the Dead Cow. So that should a problem arise an army of lawyers can swoop in and visit misery upon the person remote controlling XP computers as opposed to the person who's computer is being remotely controlled? Without even needing the approval, or endorsment of the person who's computer is hosting software violating the license, of course.

    Obviously there are some problems with this. Like those people using the trojans almost certainly didn't agree to the license. But if the it describes the rights that MS reserves for itself, they would be the people breaking it as they're running the code. Would they be found to be in violation of something they didn't agree to by the very nature of what they were doing?

    It just seems that things being what they are, Microsoft picking a fight with AT&T would be suicidal.

  95. Re:Is it even being enforced? by SuiteSisterMary · · Score: 2

    Actually, it's probably in there so that they have more things to bring up against a hacker. They're on a security kick, remember? That, or, seeing as how it popped up around NT4 Terminal Server Edition, it's to prevent multi-user useage; simply 'exporting the UI' would render monitors illegal.

    --
    Vintage computer games and RPG books available. Email me if you're interested.
  96. The Way I read it by Anonymous Coward · · Score: 2, Funny

    I may not use a keyboard with XP.

  97. Re:October to March == 1 Year? by mpe · · Score: 2

    As for the EULA: Have you ever tried reading through one of those?

    It's quite possible that an actual "end user" will never actually see the EULA, especially where they are using a machine (provided by their employer or school) as part of their work or studies. Who is the "end user" in such a case? The indivudual or the corporate entity who own's the machine. If the latter what happens where the language of the EULA assumes an individual?

    I've seen a MS EULA make a laywer's head spin (anecdotal: My company does quite a lot of business with law firms, and I asked a lawyer at one of them once to actually interprit their EULA for (I think it was) Win98).

    Did the lawyer reach any conclusions?

  98. Scrap the Webservers too by bill_mcgonigle · · Score: 2

    you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation Computer



    When I connect to a windows machine running a webserver, which calls a CGI, my computer with a browser is a device which accesses and runs executable software residing on the Workstation Computer



    Is this just an XP Workstation vs XP Server license issue? Can anybody confirm if this clause is in the server version?



    Allowing someone to pinging your workstation is probably illegal too. Better buy M$ Firewall XP so you don't have to buy an XP license for each user who's ever pinged your machine when the next audit comes around.
    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  99. Thank you... by the+gnat · · Score: 2

    the flamage here has been pretty absurd. I don't think for a moment that MS would (for example) sue the guy who uses VNC to administer 300 Windows desktops, as long as he had a license for each of them. This is just dumb. VNC is a nifty app but so slow and primitive as to be nearly useless for any other task; a Windows box with VNC is still only usable by one person at a time.

    I don't think rdesktop is in trouble either; fundamentally, though they'd rather people use Windows clients as well, they don't care if you use Linux on the other end. HOWEVER, you must have a separate license; this is pretty standard. Even a lot of Unix apps (commercial ones) require a separate license for each concurrent use. Thus, you can't (for instance) have an XP box in the server room that everyone connects to so they can run IE on their *nix machines, unless you buy XP licenses for each client as well. I don't have any problem with that provision; it doesn't seem fair to get around buying a site license by letting everyone connect remotely and use a single copy. I think people in this situation should just do the obvious and NOT BUY MS PRODUCTS IN THE FIRST PLACE.

    The clause in question here is rather poorly written, I'm afraid, so I can't really tell how brain-dead it is. Here's a bigger question: if you run XP on a machine with MetaFrame installed so you can use Office, do you need both XP and Office licenses for clients? I know very little about RDP; is it like X, or does it export the entire desktop? If the latter, I can see why you'd need separate XP licenses too. This, then, is pretty absurd, and quite close to the IBM/Unisys EULAs you describe.

  100. Re:GPL Friend Me Good by anthony_dipierro · · Score: 2

    And before you suggest that the bitmap is a derived work, you're right.

    Of course I am, but do you know why I'm right? It's not because the bitmap is output of a copyrighted work, because output is not, in itself, a derivitive work.

    But the license clearly says Program, not derivative work.

    Huh? Where? If the license does not mention derivative works, then you have no right whatsoever to create derivitive works.

    A .bmp is not a program by any sane programmer's definition, and therefore doesn't count.

    But it is a "Program", by the definition of the GPL:

    This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".)

    If you don't agree to the GPL you can continue to use the software with the usual copyright restrictions: Not to copy it to others, Not to put your name on it.

    Not to create derivitive works and copy them across the internet...

    So where were we? Oh yeah, you can't use VNC because GNOME is GPL. Well, then simply choose not the accept the GPL license and (according to your interpretation) your rights are "restored".

    Ditto with the Windows EULA.

    I could understand this misunderstanding if the GPL was wrapped up in legalese like most MS licences, but it isn't. It's an easy read for most adults.

    The GPL can't be understood at all without reading title 17 of the U.S. Code, and that most certainly is not an easy read for most adults. Even after reading title 17 and the GPL you still can't completely understand it, without also knowing how courts have interpreted these documents. And since courts haven't interpreted the GPL, it's actually impossible to understand exactly what it means legally.

    To my knowledge, the same could be said of the Windows EULA. I don't know of any

  101. This makes sense -- it's NOT a arbitrary by Sloppy · · Score: 3, Interesting

    The original market for stuff like Citrix WinView and WinFrame was where people really were remote; they were at their house connecting with a modem or at a satellite office connected to HQ via a leased line or whatever, and they needed some way to run applications that use a lot of network bandwidth (e.g. database stuff) with decent performance in spite of having a slow pipe. So you take the X11 type approach, and run the app on a machine with a fast pipe, and just use the slow pipe for the user interface.

    I set up a few such beasties for clients and they were happy. Then I heard that Microsoft was doing "the Borg thing" to kill Citrix, and I couldn't figure it out at first. Why? It's not like there was some MS-only alternative where MS would make more money (except on the app server software) and even WinFrame itself only ran on NT (unlike WinView, which was Citrix was phasing out anyway), so Microsoft still got to, as Don Fanucci might say, "wet their beak." It didn't make sense to me at first. But, as usual, I was being naive and assuming the Microsoft just wanted money, when really their motivations were more sinister. Well, maybe that's going too far.. it's just that Microsoft people were really thinking about long-term consequences.

    The reason WinFrame and VNC and PCAnywhere need to be killed, is that there's too much potential for non-Microsoft clients (well, it's more than merely potential, in the case of VNC). This is important, because there are very few reasons that a user actually needs to use Microsoft Windows -- it's usually just a few key apps that the users are locked into. Users could use things like WinFrame or VNC even when there isn't a slow pipe. You can have a whole office using a single app server for their Microsoft legacy stuff (it's not like MS Word is CPU-bound; a single box could service a lot of users), and then the users can run whatever platform they damn well want to. Thus, any remote access product that uses an open protocol, is potentially a migration tool and a threat to Windows lock-in.

    WinFrame ISA protocol was never opened, but they did apparently license it. In the mid-late 90s we had some users on WinView (an earlier version of WinFrame that ran on OS/2 instead of NT), and I bought a Macintosh program (which I ran under emulation on my Amiga :-) which let me dial into clients' app servers from home, so I could do some maintenance and cleanup stuff after hours when users didn't have files open. Cross-platform paradise! ;-)

    VNC is even worse, because it's been ported to everything. It really might be feasible to have a single MS box for legacy stuff, and a whole office full of Macs or Linux boxes. And once users try non-Microsoft stuff, they don't want to go back. From Microsoft's point of view, this stuff really needs to be crushed before it gets popular.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  102. Not Quite by virg_mattes · · Score: 2

    No, sir or madam, you are incorrect. The GPL does not apply to your case. In your case (a screenshot that contains Windows widgets), Microsoft holds to copyright to those items, so the GPL does not apply, based on prior art. You could conceivably defend screenshots of said (copyrighted) widgets under fair use, so even Microsoft's copyright can be defended against, but this is tangential to the point, which is that the GPL does not apply to the widgets, so the GPL restriction is immaterial.

    Virg

  103. Fine then. I'll be Keanue Reeves by Kibo · · Score: 2

    Next time you buy a copy of anything with MS on the label, I encourage you to take your opened software package back to CompUSA, or what have you, and tell the clerk you don't agree with the End User Liscence Agreement. Hell, try this with any software. For extra ammusement try to buy a stack of cd-r media at the time you're making the return.

    --
    --Jimmy has fancy plans; and pants to match.
  104. VNC is not restricted, in my interpretation by Webmoth · · Score: 4, Informative

    OK, this is so far down on the list nobody will read it, but here goes...

    I don't think that VNC is the issue here, because the EULA seems to be prohibiting running multiple instances of a program on separate displays. This is not what VNC is on the Windows platform: VNC is simply showing one instance on multiple displays.

    In this sense, VNC is no different than having a monitor splitter (like stores often have to showcase their monitor selection, being driven by one computer running XP).

    I have to wonder: is Microsoft's next tactic going to be requiring a separate license for each pair of EYES viewing their product?

    --
    Give me my freedom, and I'll take care of my own security, thank you.
  105. I LOVVE M$ by Erris · · Score: 2
    Anyway, remote desktop runs much better than VNC, and is sure a lot better than a screen capture... oh well. Besides, with VNC can you play a CD on the remote computer and listen to it at your local machine? =

    What's this VNC buzzword? People have been able to do that and more with M$ platforms freaking forever, see this ancient page, HA HA!. I'm not sure what's really better than a screen capture like that.

    All this is just another nail in the M$ coffin. M$'s VNC is good only for getting your machine cracked and peered into by your ISP, M$, and whoever. Why bother when free and technically superior alternatives like SSH and X are available? The DOS command line is a pain in the ass to use, so low bandwith utilization is impossible on that platform. Why oh why do people use this junk?

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
  106. to pick a nit . . . by hawk · · Score: 2
    >I love you. in the platonic sense, of course.


    uh, oh . . .


    >Repeating wat they hear, and not looking into why
    >or how is one of my biggest pet peeves.


    I can't resist. Do you realize what the Platonic relationship is?


    It comes from "Symposium," in which, at the symposium (drinking party), the leading citizens of Athens are debating the highest form of love.


    After the rest speak, Socrates (Plato's mouthpiece in the dialogs) explains that the highest form of love is for the "lover" to be a middle aged man of property, and for the "beloved" to be a boy just coming into his beard. In modern english: pedophilia.


    Somehow, in popular culture, this has been switched around (perhaps because the actual meaning couldn't be brought up in polite culture . . . :) to a non-romantic relationship between a man and a woman.


    This dialog also gives rise to mondern symposia, including the occasional "symposium on alcohol abuse". The opening lines are a discussion on the rules for mixing and drinking the wine that night, with the conclusion that since they were all still hung over from the previous night, each would only drink as much as he desired . . .


    hawk, who wishes he were making some of this up . . .

    1. Re:to pick a nit . . . by AnalogBoy · · Score: 2

      You caught me. But it's not fair.. you're a doctor. :P And is picking at nit's healthy? I was always told if you don't leave it alone it won't heal.

      I was using the webster's definition: 2. Pure, passionless; nonsexual; philosophical.

      I haven't yet read the symposium (Finished apology phaedo, and crito, Fell asleep halfway through the republic)..

    2. Re:to pick a nit . . . by hawk · · Score: 2
      >You caught me. But it's not fair.. you're a doctor. :P


      :)
      But I learned this as an undergraduate--before I picked up the philosophy minor . . .


      >And is picking at nit's healthy?


      yes . . .


      > I was always told if you don't leave it alone it won't heal.


      I think those are "zits." :)


      Nits are the eggs of lice, which get picked from your hair . . . they're tiny, and tough to see.


      >I haven't yet read the symposium (Finished

      >apology phaedo, and crito, Fell asleep halfway through the republic)..


      it happens. It took me over 20 years to get through "The Two Towers." Then a few weeks ago, my wife decided she wasn't likely to be able to go to Fellowship of the Ring with me, and on Thursday suggested to my 10 year old that I would take her. I pointed out that she hadn't read the book yet (though she'd read the Hobbit). By late sunday morning, she'd finished . . . and then finished the Two Towers in a couple of weeks . . .


      hawk

  107. US and airbags by hawk · · Score: 2
    Drifting further off topic . . .


    Seat belt usage is up to something like 75% here. The manufacturors have wanted to use adjustable airbags for years, but until quite recently,. that's been illegal . . . so they're all set for adult males without belts.


    hawk

  108. no, they don't. by hawk · · Score: 2
    >dell gateway and etc cant they signed a contract
    >to distribute windows OEMs and as such they have
    >to pay for windows on every computer they build


    This plain and simply isn't true. In fact, one of the terms of the earlier consent decree prohibits this type of license, and this past behavior was part of the $.5B settlment with DRI (or whoever owned CPM-86/DR-DOS/Fred/Novell-DOS that week).


    There are specific lines and models for which such licences exist, but it is quite possible to buy a Dell without windows. In fact, I've done it . . .


    hawk

  109. How about this? *sneaky* by tweakt · · Score: 2

    What if I set up a workstation with remote desktop to a server, then VNC into *that* from 100 other workstations... hmm?

  110. What about commercial remote control software? by jcouvret · · Score: 3, Interesting

    What about commercial remote control software, such as LapLink, that provide much more functionality than Microsoft's remote console software? Laplink has been around for years. Is LapLink out of the business because Microsoft doesn't want them to compete with Microsoft Remote Desktop?

    As for the agrument posed in the licensing agreement;
    "you may not use the Product to permit any Device to use, access, display, or run other executable software residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product or Product's user interface, unless the Device has a separate license for the Product."

    From what I can understand, this licensing agreement limits the use of Windows XP to only one monitor/machine. Obviously you can't install Windows XP on other machines without a license, but this seems to say you cannot run any aspect of Windows XP from a remote computer, even though you are the proper owner and sole user of the software. What about using telnet to ping your Windows XP machine? Is that illegal? I would like to see this challenged because I don't know if it is really going to hold up in court. In a sense, Remote Access software, or VNC, lets you view your Windows XP machine using a different monitor. That's all it really is. No one can use the Windows XP box while you are remotely connected to it. There is still only one desktop available for use at any given time.

    This seems pretty anti-competitive to me.

  111. Wow! Somebody finally understands!! by NanoGator · · Score: 2

    Heh Thank you, I think you basically got what I was thinking. (and you expressed it better than I did too...)

    It's probably a slap in the face to Microsoft that I can buy a cheap copy of Win2K and put Apache on it to serve as a site. (At least I'm reasonably sure you can do that... not sure if it has a limit to how many connections are supported.) For all we know, this license addition is probably to combat that. Suddenly the value of MS's different OS's are in jeopardy.

    They're shooting themselves in the foot, though. My company has a product that would probably violate this license if we were using XP. We have a PocketPC running 802.11 to remotely control a computer. We're not using VNC anymore (finally got our own code), but we were for a while. Their license says we'd have needed XP for the PocketPC (no chance of that.) That would have used Linux instead if it had come to that.

    --
    "Derp de derp."
  112. VNC != TS by cabbey · · Score: 2

    VNC on a windows box only allows you to share out the one existing desktop.

    Terminal Server on windows allows you to present multiple, independent, remote desktops.

    On unix platforms VNC is more like TS in that you can have multiple desktops exported, but then you can do that with unix anyway - without VNC.

  113. 33.6 max??? by darkonc · · Score: 2

    well, when I use my A-Open 56K modem to connect the via phone to Telus (my isp), I regularly get 40K+ on the connections... (according to my modem, anyways). -- and that's ON TOP of the ADSL signal on the line. (and was in a relatively bad location for ADSL. I rarely got over 2 megabit down, although I almost always got 1/2 megabit up. I was actually near one of those 'holes' where you were too far from the switch center to get ADSL at all).

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  114. Official Response by erasmus_ · · Score: 2

    I doubt anyone will even see this, as this article is now "ancient", but I managed to get an official response from Microsoft Legal that answers this question, and pretty much makes sense. Short version - "Essentially the machine running VNC, PC Anywhere, or other software would need an XP license as well." Essentially, if they didn't prohibit it, anyone could use 1 license of something to sponsor 20 remote sessions of users without a license.

    From: Eric Ligman
    Subject: RE: XP Licensing

    I went through this last week and took it up with Corporate. Here is
    the response from the Windows XP LCA team:

    I've reviewed the article and our Windows XP eula. The article suggests
    that using software other than Microsoft's NetMeeting, Remote Desktop,
    or Remote Assistance to access Windows XP from another desktop violates
    the terms of the eula. The Windows XP eula doesn't prohibit end users
    from using third party remote access applications. If an end user wants
    to use Virtual Network Computing, PC Anywhere or some other remote
    access application to access Windows XP, they can do so as long as the
    user has a separate license for the device used to access the Windows XP
    desktop. If an end user wants to use NetMeeting, Remote Desktop, or
    Remote Assistance to access Windows XP, the eula grants such rights even
    though Windows XP is installed on only one computer. If an end user
    uses NetMeeting, Remote Desktop, Remote Assistance or some other remote
    access application to access other Microsoft or Non-Microsoft products,
    the end user needs to review the applicable license agreement to
    determine whether the use of such remote access technology is permitted
    without an additional license. I've attached the relevant portions of
    the Windows XP eula below. Let me know if there are any other questions
    about the Windows XP eula.

    Except as otherwise permitted by the NetMeeting, Remote Assistance, and
    Remote Desktop features described below, you may not use the Product to
    permit any Device to use, access, display or run other executable
    software residing on the Workstation Computer, nor may you permit any
    Device to use, access, display, or run the Product or Product's user
    interface, unless the Device has a separate license for the Product.

    NetMeeting/Remote Assistance/Remote Desktop Features. The Product
    contains NetMeeting, Remote Assistance, and Remote Desktop technologies
    that enable the Product or other applications installed on the
    Workstation Computer to be used remotely between two or more computers,
    even if the Product or application is installed on only one Workstation
    Computer. You may use NetMeeting, Remote Assistance, and Remote Desktop
    with all Microsoft products; provided however, use of these technologies
    with certain Microsoft products may require an additional license. For
    Microsoft and non-Microsoft products, you should consult the license
    agreement accompanying the applicable product or contact the applicable
    licensor to determine whether use of NetMeeting, Remote Assistance, or
    Remote Desktop is permitted without an additional license.

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