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Microsoft Media Player "Security Patch" Changes EULA Big Time
MobyTurbo writes "In an article on BSD Vault a careful reader posts that in the latest Windows Media Player security patch, the EULA (the "license agreement" you click on) says that you give MS the right to install digital rights management software, and the right to disable any other programs which may circumvent DRM on your computer." So if you want your machine secure,
you also want microsoft to have free reign on your PC.
Time to kick media player to the curb, and use winamp, quicktime, realone, or anything else. Just take steps not to install the spyware if you use real. Do a custom install, not the quick install, and uncheck the things you don't need.
The Uncoveror: It's the real news.
IANAL, but until very recently, your suspicions were basically correct; company lawyers have their field day with shrink-wrap licenses but they're very very careful not to test the more exotic provisions in court.
That is, until they're safely set up inside a UCITA-adopting state.
Why, you ask? What's this UCITA anyway? Not another acronym. I'm too lazy to write another letter. Trying to keep my phone bill down. And I can never keep my boycotts straight once I get to the store.
From the mouth of the beast...
And on a slightly more ethical tip...
The FSF's writeup
And the CPSR's writeup...
Google will give you more.
Think your EULA's not binding? UCITA gives it all that 100%-All-American Bought and Paid For Congressional Stamp of Approval. Some democracy we have, huh?
-David
We're on the road to Tycho.
How legally binding *IS* the EULA?
The unfortunate state of civilization today is that it is governed by men and not by laws. Thus it doesn't matter whether a EULA (any EULA) is legally binding or not. All that matters is that enough people think they are.
In terms of the law, most EULAs are completely invalid. Exercise of pre-existing rights is considered assent. There is a total lack of consideration. And there is no way to verify that a particular "licensee" has even seen the contract.
In terms of Rule by Fallible Human Beings, EULAs are completely valid if you can get enough people to believe that they are valid. But even if you can't, you can still take them to court and draw out the process to bleed them dry until the give in and settle.
I don't understand how the judicial/legislative system has allowed them to get away with this, whereas credit card companies are screwed on fraudulent online transactions.
The difference is easy. The average person cares about losing money. But the average person is very ignorant about their legal rights with regards to copyrightable materials, especially when it concerns software.
Wait until some large company starts putting the screws to enough people. Then the situation will change. Bankrupt enough grandmas in court for EULA violations, and the public opinion will change.
A Government Is a Body of People, Usually Notably Ungoverned
GDIVX runs on XP etc and is better (in my opinion) than the Media Player. There are heaps of players out there.
There is a nice program out there for Windows users called Tiny Personal Firewall. This wonderful little program is not just a firewall
It has default restrictions available and it sets itself up for standard windows programs like Office, IE, etc.
The cool part: When you install a new program TPF3 not only asks you if you want the program to execute, it also asks you what level of execution to grant. For example: Internet explorer (by default) can ONLY download into the c:\download directory.
So... if I'm on a box with XP I install TPF3 and nothing gets by it. Is your Media player trying to contact the Internet? block it! Is your media player trying to install something? Block it! Easy as that. Give it a go.
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