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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.

219 of 640 comments (clear)

  1. MS/Borg by Sandman196 · · Score: 2, Funny

    Sometimes, the Bill/Borg pic says it all.

    1. Re:MS/Borg by uncoveror · · Score: 5, Informative

      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.
    2. Re:MS/Borg by MxTxL · · Score: 2

      I think This Link is most telling.

    3. Re:MS/Borg by Anonymous Coward · · Score: 5, Funny

      I pirated all my Microsoft software... does the EULA still apply to me?

    4. Re:MS/Borg by kaustik · · Score: 2, Interesting

      I think that an EULA like this would apply more-so to one who had pirated the software. Running even a pirated version of this would expose your computer to the scrutiny of M$ - scrutiny that is even less-wanted by people like you and I who most likely have massive amounts of software that we may have "delayed" on paying any licensing fees for. I wonder how long it will be before I boot up my XP partition to an empty hard drive and picture of a disapproving Bill shaking his finger at me... or an FBI agent at my door.

    5. Re:MS/Borg by perlyking · · Score: 2

      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.

      I'd love to, now what is a good replacement to windows media player? (I use 6.4).
      There are a truck load of them but they all just seem to be front ends to Microsofts rendering engine.
      --
      no sig.
    6. Re:MS/Borg by dattaway · · Score: 2

      Here's a more detailed narrative of Mr. Gates spending time.

      He's gotten better over the years.

    7. Re:MS/Borg by kaustik · · Score: 2, Funny

      Oops, what I meant to type was "the MSFBI."
      Haven't you heard about the merger?

    8. Re:MS/Borg by ceejayoz · · Score: 3, Informative

      They don't use the engine separately, they just embed an instance of Media Player in the program. You'll have to have accepted the EULA to use them.

    9. Re:MS/Borg by esarjeant · · Score: 2, Interesting

      FWIW, I've never really liked the MS Media Player since it was overhauled (was that v7?). It's big & bloated now, it's impossible to figure out how to just "Play" a CD without making a copy of it, and as far as using your DVD's it's faster to reformat, install Linux and fire-up Ogle.

      --

      Eric Sarjeant
      eric[@]sarjeant.com

    10. Re:MS/Borg by mstyne · · Score: 2

      Yeah, but at least then his only crime against humanity was disobeying the speed limit..

      --
      mstyne: real name, no gimmicks
    11. Re:MS/Borg by ImaLamer · · Score: 2

      massive amounts of software that we may have "delayed" on paying any licensing fees for.

      he he ... i loved this part.

    12. Re:MS/Borg by dbrutus · · Score: 2

      Actually, a EULA agreement is a legal agreement. You're looking to do a technical end run by running via crossover but that works only as long as there is no code in WMP to detect the difference and change the DRM download to something that will work in your environment. Since you've agreed, it's just a matter of time before they get around to penetrating your style of system as well.

    13. Re:MS/Borg by H310iSe · · Score: 2

      well there IS a WMA SDK, part of which is a download giving you APIs for the WMP. I presume w/ that you can write your own WMP (you just access WMP classes) and redistribute is as your version of WMP. It's not exactly open source, but has anyone even looked to see if they can program something that reads WMEs?

      The problem is, windows media streams work, they're better, or they were, than quicktime, the meadia streaming sofware is a breeze to use, and it handles a lot of shit for you (like auto-sensing connection speed and feeding an optimized stream, which is nice on your bandwidth, as is the MMS protocol.)

      And the encoder software is good enough (tm) and it's all free. That is, if you buy Win2k server... Of course, it doesn't scale well so you're going to need to buy a couple of those servers.

      --
      closed minded is as closed minded does
    14. Re:MS/Borg by H310iSe · · Score: 2

      why not go one better. Run WME in a Windows environment with a second PC as a server (your linux box), have the second PC connect to media on the web, cache it and let the windows box be a client. If you have it as your gateway as well, (or just firewall) you could block or fake (incoming) communications to the MS box so they can't disable it/whatever.

      So Windows is fine if you just run it shut off from the rest of the internet, and no EULA problems. They'll never hear a peep from that thing.

      Of course, you'll prob. have to browse to the MS download page in I.E. running in Wine or something, MS kind of bans non-microsoft browsers/computers from thier update sites...

      --
      closed minded is as closed minded does
    15. Re:MS/Borg by ciryon · · Score: 2

      RealPlayer is really really bad. And it costs $15 per MONTH !

      The only streaming player one should use is QuickTime.

  2. extortion by s20451 · · Score: 5, Insightful

    How can it be that they can change the EULA in order to disseminate a security patch? Isn't this essentially extortion? If I disagree with the EULA, and someone exploits the security hole the patch was designed to fix, can Microsoft be held liable?

    --
    Toronto-area transit rider? Rate your ride.
    1. Re:extortion by rabtech · · Score: 5, Interesting

      No, because most companies reserve the "right" to change the terms of the EULA, without notification, at ANY TIME.

      The whole concept of the EULA is so silly... I really hope it gets tossed out of court ASAP. Where else can the manufacturer of a product hold you under a contract you did not sign, and change the terms of that contract at any time without notifying you or getting your agreement on the changes?

      --
      Natural != (nontoxic || beneficial)
    2. Re:extortion by donutello · · Score: 4, Interesting

      No, because most companies reserve the "right" to change the terms of the EULA, without notification, at ANY TIME.

      Horseshit! You can't change a EULA without notification. This is Contract Law 101. You can't change a contract unilaterally. Show me a EULA which reserves the right to change itself without notice and I'll show you a EULA that has no feet to stand on.

      The whole concept of the EULA is so silly... I really hope it gets tossed out of court ASAP. Where else can the manufacturer of a product hold you under a contract you did not sign, and change the terms of that contract at any time without notifying you or getting your agreement on the changes?

      The concept of a EULA is not silly. A paper signature is only one way to prove that you actually indulged in the transaction. It is not necessary to prove that you actually did. And nowhere can anyone change the terms of a contract without notifying you or getting your agreement on the changes. It hasn't happened in this instance and won't happen ever.

      --
      Mmmm.. Donuts
    3. Re:extortion by ncc74656 · · Score: 2
      Where else can the manufacturer of a product hold you under a contract you did not sign, and change the terms of that contract at any time without notifying you or getting your agreement on the changes?

      Maybe instead of the Borg, we should consider identifying Microsoft with another sci-fi villain:

      Calrissian, take the Princess and the Wookiee to my ship.

      You said they'd be left in the city under my supervision!

      I'm altering the deal. Pray I don't alter it any further.

      --
      20 January 2017: the End of an Error.
    4. Re:extortion by ImaLamer · · Score: 3, Informative

      I agree.

      In the only _real_ law book I've read on the subject, which reads as easy as applied cryptography's first few chapters(seriously, it's very basic the hard shit follows), explains that a contract contains a portion where they must provide something while you must also. Either party fails to provide it's side of the deal the contract is null or goes into despute (court)

      No one party can change lines of a contract or edit the final conditions without the users consent (read:signature). Of course clicking YES to the new one _could_ be the same ... i hope not...

    5. Re:extortion by CProgrammer98 · · Score: 2

      "Where else can the manufacturer of a product hold you under a contract you did not sign"

      Ummmm, that would be the "I Agree" button would it not?

      --
      And the people shall be oppressed, every one by another, and every one by his neighbour Isaiah 3:5
    6. Re:extortion by gad_zuki! · · Score: 2

      It hasn't happened in this instance and won't happen ever.

      Happened last night. MS's autoupdater signed the EULA for me without asking. Millions use MS's patch service for fear of security leaks. Now they're using their own lax security as a way to push DRM. Classy.

  3. automatic EULA remover by Jucius+Maximus · · Score: 3, Informative

    I remember some weeks back that someone had posted a script pointing to an auto-EULA remover for microsoft installers. Can that person please post their link again?

    1. Re:automatic EULA remover by xenoweeno · · Score: 4, Informative

      The EULA remover is here thanks to DejaGoogle.

    2. Re:automatic EULA remover by heimotikka · · Score: 2, Insightful

      "its purpose is
      twofold: (1) to make a point about the absurdity of hidden "agreements"
      that buyers cannot know about until after sale, and (2) to be able to
      honestly say that I never accepted any EULA, and thus my use of the
      software is limited only by copyright law, just like a book or a CD."

      Hmm... and removing that EULA click-through page you won't be liable? And the other trueth is that if I close my eyes I'm invisible.

    3. Re:automatic EULA remover by Qrlx · · Score: 2, Interesting

      Removing the EULA won't prevent it from applying to you. It's like if you (bad analogy coming) add a zero to the end of the speed limit sign -- you can't drive 550 now just because you changed the sign.

      What we need is third-party security patches and hotfixes for Microsoft products. Ones that don't change the EULA.

      Seeing as most bugs/exploits are found by non-MS folks, the next step is for them to write a patch for the bug. Props to the next hacker who find a bug and releases a patch too, completely circumventing Microsoft's involvement in the process!

    4. Re:automatic EULA remover by rmohr02 · · Score: 3, Interesting

      That may not work on M$ products because on the box it says the user must agree to the enclosed EULA before using the program. If they don't agree, the box says they can return it, even when it's opened. Thus using the EULA remover wouldn't accomplish anything.

    5. Re:automatic EULA remover by Stary · · Score: 4, Insightful
      How could you be liable for something you never accepted? What about if somebody else installs a program on my computer with an EULA that says that Evil. Inc has the right to confiscate any computer equipment that runs this software? That's a bit like holding me liable for a contract you wrote while in my apartment. Or how about if Windows came pre-installed on my computer? Or what about if I bought the computer used with all the programs installed already?

      Let's take it from another angle: You buy an ice cream. When you open the wrap cover, you find a small agreement saying "in order to eat this ice cream, you must agree to also stand on your head and make a sound like a horny lion, ten times, in a public place". So what do you do, sign it or return the ice cream? No, because tossing it into the nearest waste basket would make your afternoon a nice walk in the park enjoying your ice cream - since just because somebody tries to force you into "agreeing" to something before using a product doesnt mean it's illegal for you to use it without agreeing.

      A side note: That'd be "truth" you're looking for.

      --
      Tomorrow will be cancelled due to lack of interest
    6. Re:automatic EULA remover by rmohr02 · · Score: 2

      I'm going to try it sometime over the summer. Probably with AoE, as that actually isn't that bad of a game, if I must keep it. Hopefully I won't.

    7. Re:automatic EULA remover by evilviper · · Score: 2

      Great, wonderful. Why not just close your eyes while you click "I Agree"?

      Everyone that thinks the fact that you don't actually see the EULA, somehow means it doesn't apply to you, is a complete idiot.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    8. Re:automatic EULA remover by ceejayoz · · Score: 3

      How could you be liable for something you never accepted?

      'cause if you're proactively downloading a EULA remover, you're not exactly using the software legally. You obviously knew there was a contract but tried to get around it. "Oh, officer, I didn't have to stop there because I cut down the stop sign and took it home!"

    9. Re:automatic EULA remover by Stary · · Score: 2
      'cause if you're proactively downloading a EULA remover, you're not exactly using the software legally

      I'll go for that if you show me the peice of law text saying "You may not use software unless you first accept any agreement thrown in your face" or similar. Until then I will continue to beleive I have a right under copyright laws to use the software I bought. There's so much talk about the "Fair" part of "Fair use". Well here's about the "use" part.

      --
      Tomorrow will be cancelled due to lack of interest
    10. Re:automatic EULA remover by ceejayoz · · Score: 3, Insightful

      The Windows box has an EULA on it that you accept by opening the box. Using the program means accepting the EULA, even if you hack the program to hide the EULA on install. Go on, try this out in court, they'll laugh at you... "Yes, your Honor, I illegally altered the program so that it wouldn't show me the agreement, so I don't have to follow the agreement! Haha!"

    11. Re:automatic EULA remover by Stary · · Score: 2

      Funny how you not answered my question.

      --
      Tomorrow will be cancelled due to lack of interest
    12. Re:automatic EULA remover by ceejayoz · · Score: 2

      There are laws that allow them to enforce the license agreement, yes. Otherwise warez groups would be completely legal and the FBI would never ever raid them. I'm not gonna go dig the actual text of the laws up to quote at you.

      There wasn't really a need to answer the question, since the answer is so freaking obvious you should know it already.

    13. Re:automatic EULA remover by Chester+K · · Score: 2

      I remember some weeks back that someone had posted a script pointing to an auto-EULA remover for microsoft installers. Can that person please post their link again?

      I have a script that strips any mention of the GPL from several major pieces of software, including Linux. Perhaps you'd like a copy of that too?

      --

      NO CARRIER
    14. Re:automatic EULA remover by Alsee · · Score: 2

      EULA remover

      Useless in this case. The EULA says they can fsck with your computer at will, but it is the EXE you're installing that enables it. Your computer is still going to download and install OS updates without your permission.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    15. Re:automatic EULA remover by ceejayoz · · Score: 3

      You purchased the software. You have a right to use the disk and manual you purchased in any way you see fit.

      WRONG! WRONG WRONG WRONG! Most software purchases are in fact licenses, with terms of use and the option for the company to revoke your license.

      This has been held up by the courts, so don't spout some BS about how it's illegal and doesn't matter anyways.

    16. Re:automatic EULA remover by Stary · · Score: 2

      Uhm, no... that'd be copyright law that prevents me from doing that. You mean it's perfectly legal for me to copy a book and distribute it, because there wasn't any plastic wrap with a note going "If you break this plastic, you agree that...".
      Nope. That's against the law. Copyright law. Which has nothing at all to do with licenses. These EULAs are something the software sector more or less "made up", and really have nothing to do with the law. If I buy something, I buy it. If i rent/lease something - I do so according to a leasing agreement or such detailed at the point of lease, not when I got home and opened the box.

      --
      Tomorrow will be cancelled due to lack of interest
    17. Re:automatic EULA remover by ceejayoz · · Score: 2

      Except they're not the ones opening the package, you are.

  4. Security Patches are the getting worse by peterdaly · · Score: 4, Interesting

    I thought it was bad recently when a "Critical" IE6 security path completetly broke the ability to view TIFF images in a browser without hacking the registry by hand. I maintain a web site that basically sells access to TIFF imaged documents. All of a sudden we had about a hundred pissed off customers (some not wanting to pay their bill) because _WE_ broke access to the information that runs their businesses. As each customer ran windows update, our website broke. Of course they all say they have not installed any new software, which makes it all the more difficult to troubleshoot until the problem was figured out.

    MS is without a doubt throwing non-security things into "security patches", and I for one don't like the unadvertised "featues" one bit.

    -Pete

    1. Re:Security Patches are the getting worse by Animats · · Score: 2

      That's bad. All the patent images on the USPTO site are TIFF files.

    2. Re:Security Patches are the getting worse by hkmwbz · · Score: 2, Informative

      Sounds like you are trying to use a "non-web" format on the web. Stick to image formats browsers can actually read... TIFF has no place on the web. Bandwidth and all, you know.

      --
      Clever signature text goes here.
  5. Easy choice by ZaneMcAuley · · Score: 2, Insightful

    Nobody forces you to use WMP.

    Just use a different media player.

    BlazeMediaPro, Winamp, more, take your pick.

    oh and yeah, add microsoft.com to your hosts file :D

    --
    ----- Whats wrong with this picture? http://www.revoh.org:1234/whatswrong
    1. Re:Easy choice by ZaneMcAuley · · Score: 3, Informative

      Securing software that you don't run?

      If you dont run it (remove it even) how can it be a security risk? Common sense?

      As for the adding ms to the hosts file, i was joking.

      --
      ----- Whats wrong with this picture? http://www.revoh.org:1234/whatswrong
    2. Re:Easy choice by gilroy · · Score: 2
      Blockquoth the poster:

      If you dont run it (remove it even) how can it be a security risk? Common sense?

      What if the next security patch for IE 6 has the same language? You can't uninstall IE 6, as far as I know... it has its grubby little fingers everywhere. MS certainly claims it can't be removed. So how do I run a secure box if the security patches include onerous EULA terms?


      Oh, wait, I know the answer for that one: Don't run Windows. :)

    3. Re:Easy choice by gilroy · · Score: 2
      Blockquoth the poster:

      Hmmm I thought IE is uninstallable.

      http://support.microsoft.com/default.aspx?scid=k b; EN-US;q293907


      But blockquoth the Microsoft page referenced (emphasis added):

      This article describes how to uninstall Microsoft Internet Explorer version 6.0 and return to your previous version of Internet Explorer ... Microsoft has made it possible for OEMs, administrators, and users to remove user access to Internet Explorer while leaving the Internet Explorer code intact and fully functional to ensure the functionality of programs and operating system functions that rely on it

      To me, this says, the IE stuff is integral to the system but if there's a security hole -- too bad! Either agree to our new EULA or leave your system vulernable.


      Microsoft, if it enforces this too quickly, could find itself propelling exactly the sort of software-liability laws it would hate to see.

    4. Re:Easy choice by ImaLamer · · Score: 2

      If you remove WMP completely and legally you will also loose the usage of other media players because the software developers were to lazy to use their own system.

      They almost always rely on MS's codec package as well, and they can't use them with WMP installed.

  6. Is this new by Jeremy+Erwin · · Score: 2

    I'm not that familiar with Windows Media Player licenses, but the line about security upgrades might well be present in previous versions. It doesn't seem to be in the license for the mac client (7.3)

  7. Brownie Points with DRM advocates by Beatnick · · Score: 2, Insightful

    It's just to win points with DRM advocates. It's an underhanded means of controlling its "users" from the perspective of the DRM folks. I would be interested to know if there's been some discussion between MS and the DRM folks to ensure/track this sort of thing.

    And in the balance: security vs control.

    Either the villanous attackers are in control/capable of control
    OR
    Microsoft is in control.

    Geez. It's a lose-lose situation.

    1. Re:Brownie Points with DRM advocates by kawika · · Score: 5, Interesting

      Yep. Take a look here to see Microsoft's plans for cozying up to the DRM folks. The strange thing is that the final presentation on "Mercury" isn't available. That was the most interesting one. It was about how the DRM software would manage rights for portable media players over the Internet using public/private keys. And of course, Microsoft runs this whole DRM infrastructure for a nice fee.

      I was there for most of the live presentation, and during the Q&A someone got up and asked what would happen if the keys were compromised, for example someone found a way to hack the unique id in a player. The MS guy indicated that the keys for an entire brand/model of player could be shut off if necessary. The next question, of course, was how the buyers of those players would feel when their expensive players became useless. The MS guy said that the decision to shut off access wouldn't be Microsoft's, but they could do so on a court order, for example.

      Why would someone want to buy a portable media player (or desktop media player for that matter) that could become worthless a few months later because someone else hacked it and rendered the DRM insecure? You wouldn't. Why would a manufacturer want to take the chance that they'd be involved in a messy class-action suit from customers because their portable media player now can't play music? They wouldn't.>/b>

      I just can't see how this can come to pass.

    2. Re:Brownie Points with DRM advocates by Tim+C · · Score: 2

      It is also somewhat less serious - no new DVDs would work with your exisint player, but all the ones that you'd already bought would be fine. All the ones that were pressed before this happened would also be fine, although clearly, you'd have a progressively harder time finding any.

      The difference is that under the proposed MS DRM solution, all your existing media would stop working too. Your player would become completely useless.

      I can't see this working, to be honest. The first time it happened, MS would be hit with a class action lawsuit by all the people whose legally-owned hardware had been disabled. Either that, or users would have to be provided with some sort of for-free key changing service, in order to be able to reactivate their hardware, in which case the shutdown is no deterrent at all.

      Cheers,

      Tim

  8. Corporate users can't install that by Animats · · Score: 5, Interesting

    If you're in a large company, contact your legal department immediately. That's a serious issue, because it gives Microsoft the unlimited right to destroy any software on your machine. That's not something the individual employee is authorized to agree to.

    1. Re:Corporate users can't install that by BurritoWarrior · · Score: 5, Funny

      If you're in a large company and individual users have the rights/permissions to install software/patches on their machines -- short your own stock, you're in more trouble than just a EULA. :)

    2. Re:Corporate users can't install that by startled · · Score: 3, Informative

      Fuck that. As a software developer, I refuse to work at a company that doesn't give me the right to run my machine the way I see fit.

      I've seen those companies that require you to get IT for every little thing. The usual result-- IT cops a major attitude, nothing gets installed, everything breaks, and no one gets a damned thing done.

    3. Re:Corporate users can't install that by Nonesuch · · Score: 2
      Startled writes (emphasis mine)
      've seen those companies that require you to get IT for every little thing. The usual result-- IT cops a major attitude, nothing gets installed, everything breaks, and no one gets a damned thing done.
      And it sucks to be in IT at those companies as well -- having to process a ticket for each individual user who "needs" some new paint program installed, and the executive (aka "VIP" ticket) that wants Solitare and minesweeper re-installed on his company supplied ultra-thin laptop.

      The alternative is no cake walk -- thousands of users with WinAmp and Comet Cursor installed, worms, viruses and malware everywhere.

    4. Re:Corporate users can't install that by marxmarv · · Score: 3, Insightful
      Fuck that too. As a system administrator, I refuse to work at a company where all developers have unlimited root access on the production network. I've seen too much stomping about production by developers (and their code) with no sense of Tao, and it's made my life incredibly frustrating in the past. There's no reason for you to be noodling about anywhere near production if the app is well-designed, well-partitioned from the system and keeps its tentacles out of everything.
      I've seen those companies that require you to get IT for every little thing. The usual result-- IT cops a major attitude, nothing gets installed, everything breaks, and no one gets a damned thing done.
      If your code is a web application, there is no reason, alibi or excuse for your code to run as root, to write files outside of its own chroot jail, to run privileged code, or to bind to privileged ports UNLESS your site uses custom Apache modules or is so big that it must use ASLB. That said, it's nice if a workstation's /usr/local is writable by the user of that workstation and IS leaves a pristine read-only copy around for you or them to rsync if the need arises.

      If you develop on Windows, well, there's your problem.

      -jhp

      --
      /. -- the Free Republic of technology.
    5. Re:Corporate users can't install that by TellarHK · · Score: 2

      This makes me think. Monday, I interview for the job of "Technology Coordinator" at a local school system, with a pretty significant chance of getting the job. If I do, I'll probably have to spend a day looking at the EULA's on products in order to properly judge compliance.

      This makes me consider the possibility of doing exactly what was suggested, taking the EULA to the city legal department and asking them what they think about some of the clauses in it and whether or not they're anything objectionable to the city.

      One concern is mild paranoia - the state of Maine has an agreement to issue Apple iBook laptops to 7th graders as well as faculty. Could this kind of clause be exploited to cause compatibility issues between the Microsoft backend systems and the laptops people will be using, particularly in the media areas? I fear it could be, and wonder if there could be a way to use the "We've got to watch out for the -children-!" crap to the advantage of the user for once.

      This all assumes I get the job, but I'm hopeful. :)

    6. Re:Corporate users can't install that by Anonymous+DWord · · Score: 4, Funny

      hint:-shift the letters in HAL one down

      GZK?

      --
      "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
    7. Re:Corporate users can't install that by fferreres · · Score: 2

      He is talking about _his_ machine.

      --
      unfinished: (adj.)
    8. Re:Corporate users can't install that by fmaxwell · · Score: 2

      As a system administrator, I refuse to work at a company where all developers have unlimited root access on the production network.

      Analogy: As a janitor, I refuse to work at a company where employees are allowed to eat in their offices. (Yeah, I know that remark will probably cost me a few karma points, but I can afford it.)

      Why the analogy? Because, like janitors, IT personnel providing a support function in most companies and software engineers produce products that make money. Don't forget that talented software engineers are a lot harder to find than talented system administrators. Most companies would much rather try to replace a sys admin than a software engineer -- especially if that software engineer is a key player on a major project/product. So, if you can afford to turn down jobs because the software engineers have root access, then hooray for you. But you don't want to get in a pissing contest like that at most companies because the developers will usually win.

  9. Scary by scotfl · · Score: 5, Interesting

    These security related updates may disable your ability to copy and/or play Secure Content and use other software on your computer.

    Now there's a particularly nasty line. It starts off with DRM for 'Secure Content' (which I guess is M$'s new term for protected IP), but then it expands into 'Other Programs'. Which means, MS is now reserving the right to disable any program they don't like.

    Furthermore, the patch that disables the program will "will be automatically downloaded onto your computer," without your knowledge. But, the real kicker is this one (my favourite line):

    If we provide such a security update, we will use reasonable efforts to post notices on a web site explaining the update.

    So even if they send out patches killing off all non-MS software, they can bury a notice so deep in microsoft.com that no one will ever find it, and claim (correctly) they are going above and beyond the EULA. Damn, I'm glad I use Macs and NetBSD.

    --
    "In my values, freedom is more important than 'serving users' in a mere practical sense." -- RMS
    1. Re:Scary by ceejayoz · · Score: 2

      I can just see it...

      Windows EULA Update (Score:-1, Flamebait)
      by Bill Gates on Saturday June 29, @05:44PM (#666)
      Hi folks, we're changing the EULA to add "You hereby give your soul to me, Dread Lord Bill Gates." This is your official notice as required by law.

  10. Groan.... by cybermace5 · · Score: 3, Insightful

    One of these days they will go too far.

    Every move Microsoft has made follows
    Machiavellian politics to the letter.

    It's no longer about money, it's about
    power. Microsoft will continue to find
    ways to gain more control of computers,
    and eventually will try to directly
    attack other operating systems and make
    them illegal. Microsoft doesn't even have
    to worry about serving customers anymore.
    There's almost too much momentum to over-
    come here, folks. The only way that our
    computers will belong to us in the future
    is to make sure that we control how they
    are used. Keep the hardware in the hands
    of smaller manufacturers who have to
    compete. Keep the software in the public
    domain wherever possible.

    At this point, even Apple looks good com-
    pared to Microsoft. They have to listen
    to their customers, they have adopted con-
    cepts from better operating systems and
    made it easier for users to use a com-
    puter for any purpose they desire.

    It doesn't matter what OS you use; BSD, Linux,
    Solaris, or any of the other options. But by
    choosing something other than Windows you
    will help keep control in your hands. At this
    point it would take thirty years for Microsoft
    to go out of business, but we need to be looking
    ahead. Do not accept these incremental attacks
    on your freedom.

    --
    ...
    1. Re:Groan.... by Professor+J+Frink · · Score: 2, Insightful
      One of these days they will go too far.

      They did. Years ago. The mindless worker drones didn't have the nouse or inclination to do anything about it. Many IT departments didn't have the nouse, inclination or sheer balls to do anything about it. Managers everywhere didn't have the nouse, inclination, balls or forsight to do anything about it. All the gamer freakz and AOLers and etc certainly didn't have the nouse, inclination or balls to do anything about it ("I can't play these cool games on anything else, whine whine whine!"). The US government in its usual fawning, apologist mode when it comes to someone with a few bucks just rolled over and let them off even when found guilty (guilty of really quite trivial things too, even when anyone out here with half an ounce of clue knows just how much they're screwing over *everyone* in many more ways than just providing a free browser; that's just the top of the iceberg. Mr Judge, so how about we all stop pissing about and actually *punish* a *criminal* company for a change, eh? Dream on...).

      So, MS just carried on. In fact, they've come back even worse as far as I'm concerned and now all the spineless cretins are going down, drowning in all the odious filth that MS passes off as 'Security' and 'Stopping nasty pirates' and so on, many believing every downright stupid and blatantly untruthful word and paying out hand over fist for the privilige.

      OK, screw em, that's their decision, but the one massive flaw in the old 'Live and let live' philosophy is that by letting MS get away it and with everyone and their dog just jumping on the wagon to join the ride is that the whole sinking ship is taking *me* with it if all this crap passes through and becomes law where I live meaning that I can't just sit down and sodding use the system and software *I* want to use in the way that *I* want to use it without harming so much as the tiniest hair on the teeniest fly, and making my life as a unix admin orders of magnitude more hassle than it has any right to be as MS constantly flip protocols and file formats and god knows what else around every five minutes for no other apparent reason than to make the lives of people like me difficult (as if we're just gonna give up or something; they can think again).

      So to all you MS apologists and users (when you have any form of choice in the matter) here's a big FUCK YOU for pissing on everyone's parade including your own. Thanks.

      Frink

      --
      "Don't get mad, get a monkey!"
    2. Re:Groan.... by kadehje · · Score: 4, Insightful

      Microsoft will continue to find ways to gain more control of computers, and eventually will try to directly attack other operating systems and make them illegal.

      You're wrong on the "eventually" part. This campaign against other operating systems, as well as other technologies that threaten MS's dominance. What do you think the SSSCA/CBDTPA/S. 2048 bill is all about? Why do you think that Intel, IBM, and just about every other major tech company is screaming that they're scared shitless about this bill? Right now, Microsoft is going for checkmate in the technology game and this bill is their first move in their campaign. Should Microsoft even partially succeed in this campaign to bring every other tech company to its knees and force them to pay tribute (both financially and in policy matters) to Redmond, Microsoft will become the most powerful modern corporation in history.

      Although this legislation has the proverbial snowball's chance of passing this time around, I feel that its main provisions will be enacted by the end of the decade unless Congress and Microsoft both get bludgeoned severely. These provisions may get enacted in a piecemeal fashion, but the two factors that will cause S. 2048 to become law are (a) Microsoft's huge war chest from which it can make "campaign contributions" and (b) Congress's tendancy to accept these "contributions" in exchange for favorable legislation for the contributor. The most obnoxious part of this legislation is the fact that it requires all hardware made in or imported to the United States to implement one DRM scheme dictated either by industry consensus or by the Commerce Department in 12 to 18 months if the industry can't reach a consensus. In addition, antitrust concerns will not be applicable to the process of reaching this DRM standard.

      Here's the killer for all the other players in the tech industry: Microsoft holds most of the important patents for implementing DRM in software as well as major portions of implementing it in hardware. Unless another company's DRM research pans out no later than a year after this provision were to become law, there would be no alternative to whatever scheme Microsoft comes out with. Then, the Commerce Department would then impose the Microsoft standard on the nation's technology industry, extending Microsoft's grasp from the PC world to a significant portion of the U.S. GNP. Sun and IBM would be at the mercy of Microsoft, and since these companies are enemies of Gates & Co., it is likely that Microsoft would be able to use its control over these DRM patents to marginalize or even destroy these companies by making it impossible for these competitors to release new, innovative products that would, by law, include these DRM technologies.

      Intel, AMD, Cisco, and other companies that primarily make hardware and most importantly don't produce software products that compete head-on with Microsoft's will also have a harder time profiting. Though it wouldn't be in MS's interest to destroy them, the folks in Redmond would be interested in taxing these companies based on a portion of their revenues for access to DRM technologies that they would need to sell new products. And MS would probably also wield enough muscle to force AMD and Intel to design future processors to run only future versions of Windows. If the Pentium 7 proved capable of running Linux, BeOS, or even Windows 2000, Microsoft could flush Intel down the drain faster than you can say "Enron."

      Intel and IBM have advocated that the market determine the fate of DRM schemes. This will allow American businesses and consumers to determine which ones get adopted and which ones fall away. It should not be the government's right to state that Americans have the choice of buying a PC with Palladium installed or not buying a PC at all. It especially is not the government's prerogative to grant a company what is effectively an unregulated monopoly to a major portion of the U.S. economy, as every software and computer hardware company would be under the foot of Microsoft in a post SSSCA world.

      We Americans like to boast about the fact that we reap the benefits of participating in a "capitalist" economy. Capitalism, in the ideal sense of the word, has never been practiced in history, just as communism has never been truly enacted in a country. If you define capitalism as the "Golden Rule" of "he who has the gold rules", then perhaps by vision of capitalism should really be called "laissez-faire socialism" or something. In my book, as soon as a movie studio buys the DMCA, or Microsoft buys the CBDTPA, or any other company purchases legislation that treats itself or its industry differently than the rest of the economy, it's proof that the U.S., like the rest of the world, is really a plutocracy. I think that the Microsoft situation is really just a symptom of a much larger illness of the American economy.

      The next several years will determine the fate of the American economy and as well as the U.S. role in world affairs for the next several generations. This claim covers a lot more than Microsoft. It covers the tendancy of the U.S. government allowing Big Business to take on a bigger and bigger role in dictating legislation and policy matters. It may be that the Enron and WorldCom fiascos, the mega-mergers of the 1990s, the artificial "oil crisis" that caused the price of gasoline to exceed $2.50/gallon in some parts of the U.S., and the tens of billions of dollars worth of tax breaks that major employers across the country have been able to extort from cities and states have pissed Americans to the point where they feel the pendulum has to start moving the other way. I really hope we've reached that point, because if we're not there now, things may never change. If we were to continue on the present course, I think in the next 30 years, we're going to see the game of capitalism end once and for all, and the handful of winners of that game forming an oligarchy that will control the U.S. and its sphere of influence for the forseeable future. We would get to the point where each major sector of the economy is subject to the stranglehold one company which carries enough power to destroy any challenger to its market share before it can gain a foothold. There would be one dominant software company (in this post I have discussed my fear that this would be Microsoft), one dominant electronics company, one dominant energy company, one dominant bank, one dominant food supplier. The U.S. was actually pretty close to this point shortly after 1900, with Standard Oil, Ma Bell, the bank trusts and the like, and it took a remarkable shift in government policy (antitrust laws, worker safety laws, etc.) to change the American economy into a more truly competitive game. The U.S. is nearing the high-water mark of industry consolidation reached at the beginning of the 20th century. The industry consolidation scenario has repeated itself; I really hope that the popular uprisings that occured as a result of that are about to repeat themselves too.

      Please tell me that the scenarios I've described are unrealistic. I really hope I'm being paranoid and that Microsoft will become merely a player and not The Player of the 2010's technology industry. IBM was stopped in the 1970's and 1980's in the courts (ironically enough it was never even convicted of antitrust violations), hopefully Microsoft will be next.

    3. Re:Groan.... by foobar104 · · Score: 2

      I would estimate that if every home user were to quit using Windows today, it would take 15 years before the corporate world (major customers of MIcrosoft) followed.

      I think that's already happening.

    4. Re:Groan.... by Rakarra · · Score: 2
      The reason the dividing line between the government and Microsoft is growing fainter is that George W. Bush is at the helm. Why else do you think the DoJ dropped their case against MS shortly after he took office? It follows that, once he is removed, Microsoft will be in for another ass-kicking

      I'm not so sure. I don't think the reason MS got into trouble during the Clinton era was because Clinton was a democrat and Bush was a republican. The reason MS got into trouble in the first place was that they disdained lobbying and campaign contributions.. and their compeditors didn't. There were bigger monopolists around during that time, but they didn't get hammered. They paid protection money.

    5. Re:Groan.... by hyphz · · Score: 2

      > If you define capitalism as the "Golden Rule"
      > of "he who has the gold rules", then perhaps by
      > vision of capitalism should really be
      > called "laissez-faire socialism" or something.
      > If we were to continue on the present course, I
      > think in the next the next 30 years, we're
      > going to see the game of capitalism end once
      > and for all, and the handful of winners of that
      > game forming an oligarchy that will control the
      > U.S. and its sphere of influence for the
      > forseeable future. We would get to the point
      > where each major sector of the economy is
      > subject to the stranglehold one company which
      > carries enough power to destroy any challenger
      > to its market share before it can gain a
      > foothold

      You might be interested to know that this is EXACTLY what Lenin and Marx predicted as the eventual problem with capitalism. (No, it wasn't just to do with 'workers being exploited'.)

  11. I don't believe it! by epsalon · · Score: 2

    I actually mentioned something like this but I didn't think they'd actually be that sleazy for real!

  12. alternatives by Cyno01 · · Score: 2, Informative

    forget windows media player, its features suck, it it has next to no plugins, for music use winamp 2.x it has cooler visualisations anyway and for video nullsoft just released a new version of winamp3, winamp is the superior media player and its FREE, suck on that bill

    --
    "Sic Semper Tyrannosaurus Rex."
    1. Re:alternatives by ceejayoz · · Score: 2

      Winamp doesn't play movies, though. Some people like an all-in-one app rather than several better individual apps.

    2. Re:alternatives by tunah · · Score: 2

      The winamp3 video component is a front end to WMP. Since the clause was already present in previous versions of the EULA, you would have to agree to it in order to install WMP and thus use winamp for video. Unless it came preinstalled? Is there a licence on first run of WMP?

      --
      Free Java games for your phone: Tontie, Sokoban
    3. Re:alternatives by ImaLamer · · Score: 2

      Read this

      Simply it's not that easy. MicroS has the power.

  13. No surprise by rainer_d · · Score: 2
    I guess, the end result will be that one day, to keep your PC secure you'll have to give-up administrator rights.
    Your Windoze-PC, that is....

    Think of your colo-provider - once you've got the root-password, they also dismiss any liability for damages from your acts.

    I'm sure, the various critics of the antitrust trial of the DoJ and the states can name some reasons why this is good for the consumer....
    :-)

    --
    Windows 2000 - from the guys who brought us edlin
  14. scope creep by theCat · · Score: 2, Interesting

    People are going to say that this is such a bad thing. But really, it's just an extended interpretation of what was always in the license. Software companies have been telling us for decades that we don't own the software we buy, and we've let them. And it doesn't matter that to now they haven't done much with that stipulation (except make it hard/impossible to sell a used computer with software) but they could have at any time. So now, Microsoft is

    Back In The Olden Days, why, we just wrote our own software! Companies sold hardware and a compiler. That has slowly changed, and now we are staring down the barrel of the 'software subscription' gun. Meaning, you will have as much control over the nature and quality of your software (and hence your entire computing experience) as you have over the programming on broadcast TV. Which is, none at all. The masses are thrilled with that (they still watch TV, too) and M$ and all the others are selling to the masses and probably not a single reader of this post. So yeah it sucks when M$ takes control, as if they never had control, but if you have a problem with that you can join with a bunch of software rebels and create your own software, and license it the way you like. Yeah sure I'm not the first to come up with that idea, but before we lament what the software companies do because we let them, we can just go around them.

    After all, we do still own the hardware. For now.

    --
    =^..^= all your rodent are belong to us
  15. WANL and that is the problem ... by smoondog · · Score: 2

    (WANL == We are not lawyers)

    What I don't understand is why we haven't seen class action lawsuits brought against Micro$oft (and a few others) from the consumer end. If some smart lawyers out there want to make a buck this is the place to be (IMO). Examples:

    1. M$ changing EULA's during software updates. This is the ultimate, IMO. A company should not be able to change the EULA after the fact under any circumstances, and if they do you should be able to opt out and get your money back. I could easily imagine nefarious schemes to really screw consumers using these tactics.

    2. Gator (I know, not M$) installing software without the users knowledge. The media companies are suing Gator (as they should), but consumers should as well because 99.9% of them don't even know they are opt-ing in to anything.

    3. Security and liability. Somewhere down the line, security holes in M$ software started costing consumers and companies millions, perhaps billions. The developers of said software should bear some legal responsibility to make secure code. If they don't then there is no incentive for M$ to even fix the bugs in a timely manner.

    4. Monopolistic practices hurt the consumer. Software bundling and misleading statements are akin to practices made by the tobacco industry 20 years ago. By hurting the consumer, the consumer should have a legal right to recoup costs due to said illegal activities.

    I can't believe in a world where McD's pays millions for coffee spills, juries award millions for defective products and lawyers litter the streets like sharks that we cannot find a legal loop hole to win some of these cases....

    -Sean

    1. Re:WANL and that is the problem ... by ceejayoz · · Score: 2

      and if they do you should be able to opt out and get your money back

      I WANT MY MONEY BACK. Oh, Windows Media Player is free? Nuts.

      security holes in M$ software started costing consumers and companies millions, perhaps billions

      No, script kiddies exploiting bugs in the OS have cost consumers and companies $$$. Microsoft certainly didn't intend it to happen, even if they are sometimes slow getting the fixes out. The bigger problem lies with sysadmins and users who don't patch their Win installation - I still get dozens of different IPs daily infected with Code Red trying to hit my Apache webserver. That's not MS's fault, the patch is out - people just haven't patched it! Would you blame the Linux community for people not patching, say, OpenSSH? No - the users who haven't patched it should be held responsible, not the company which is trying to do something about it.

    2. Re:WANL and that is the problem ... by ceejayoz · · Score: 2

      You act as if Microsoft has an unusually high amount of bugs. Given the size and complexity of the code, you've got to expect some bugs. Just about the only bug-free program you can write is Hello World, and some people manage to fuck that up.

      Why're you holding MS to a higher standard than any other software provider?

  16. Umm, don't use WMP. by Typingsux · · Score: 2
    I have used BSPLAYER for the last several months before this knowledge.
    There are a ton of other softwares to run movies on the M$ operating system.

    Just look for them if BSplayer doesn't fit your needs.

    --
    The above post is an editorial, the poster cannot and will not be held responsible for all or in part for it's contents
    1. Re:Umm, don't use WMP. by applef00 · · Score: 2, Informative

      You can't "just say no."

      Even if you decide not to use WMP, it's still installed on your system (if you're using 98, 2000, XP); which means that you're still bound by the EULA (the one that was in place when you last installed your OS or updated WMP).

    2. Re:Umm, don't use WMP. by fishbowl · · Score: 2

      >You can't "just say no."

      Nonsense. You can choose not to use Microsoft software. You can choose not to use a device that runs Microsoft software. You can choose not to have a computer at all.

      You CAN "just say no."

      You choose to, or your employer chooses for you, but nobody has literally held a gun to your head and said "accept this". Unless you are in a prison labor program, or have had a court order to do some specific task... Until they reinstate the draft, I can't think of any other situation where running Microsoft software isn't optional.

      --
      -fb Everything not expressly forbidden is now mandatory.
  17. Re:Hmm by ryanr · · Score: 5, Insightful

    mmm...Troll food. I'll answer anyway.

    Most companies' idea of DRM limits you as to where you can put your music. And that measn not allowing it go go on a device that doesn't support the right flavor if DRM, if it supports it at all.

    So, example scenarios:

    You buy a $500 MP3 player device. It works great for a while hooked up to your Windows box. MS kicks on DRM one day, and you can't upload music to it anymore. It might be your rightfully-owned music, mind you... you could have ripped them all yourself from your own CDs.

    Microsoft decides that MP3 files can't properly support DRM like WMA files can. So, they turn off the ability to play MP3, or maybe they delete them, or convert them to WMA. Since your portable player doesn't support WMA, you're screwed. Oh, and MS just happens to benefit financially since they control the WMA format, codecs, etc...

    Maybe they do something really silly like force you to put the physical music CD in your drive whenever you want to play a digital song that was ripped from that album. Sounds stupid, I know, but what was the last game you played on CD that didn't require the disk in the drive to run?

    The basic problem is that someone else's idea of what is reasonable to do with digital music will rarely match up with mine. I want to take a CD I bought, and pretty much use the music on any device I have that can play music. The problem is, of course, that the ability to do so also gives me the ability to share music on Kazaa if I choose.

    I'm not neccessarily trying to argue that sharing music is legal or right (though I do believe the music companies are idiots for their handling of the situation.) I'm just saying that if I'm to retain my ability to play my music on any device that I want, I will also retain my ability to share it, that's just how it works.

    Fortunatly, the cat is well out of the bag, and it's just not possible from a technical standpoint to prevent someone who can code and build their own machines from doing so. There are just too many MP3, Ogg, whatever players out there, and too many free OSes to stop it.

    They would have to make it illegal to have hardware that would cooperate with the software of your choice. They would have to make it illegal to reverse-engineer systems in the privacy of my own home for my own use. They would have to make it illegal to attempt to bypass copy protection mechanisms, or even discuss it. They would have to give the copyright holders what amounts to police powers to show up at any time, and demand to see your license documentation under penalty of decades in prison.

    Oh, wait...

  18. Legality of EULA by javacowboy · · Score: 5, Interesting

    Where else can the manufacturer of a product hold you under a contract you did not sign, and change the terms of that contract at any time without notifying you or getting your agreement on the changes?

    This is an interesting point. How legally binding *IS* the EULA? It's generally accepted that in internet transactions involving credit card numbers, a customer can at any time deny having made the transaction. Without a signature, there's no way to PROVE that the customer made the transaction: they can't take that customer to court. This is why there is a much larger allowance for bad debts on online credit card transactions. In a real-life transaction with a carbon copy, all they need is your signature to prove that you made the transaction, and they can sue you.

    In that vein, how can the EULA possibly be legally binding? I can see how the signature on the invoice for their computer or copy of Windows, they could be held liable. However, how can I user clicking on "OK" in a upgrade screen be legally binding?

    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. This doesn't make any sense to me. Some court somewhere should be able to strike down the EULA as non-binding contracts, due to the lack of a customer signature or any other proof that the customer entered the transaction.

    --
    This space left intentionally blank.
    1. Re:Legality of EULA by anthony_dipierro · · Score: 2

      In that vein, how can the EULA possibly be legally binding?

      It depends what the EULA says. In this case, the EULA is not making the end-user liable for anything, it is merely limiting Microsoft's liablity.

    2. Re:Legality of EULA by Stary · · Score: 2
      This falls. What if I got Windows pre-installed? What if i edited the installer in my l33t h3x-editor and changed "I agree" into "Fuckyou", then I never clicked I agree, and thus never agreed, right? What if i got my brother to install it for me or left it up overnight and one of my cats stepped on the "i accept" shortcut keyboard button? Really how could I be held to another contract that my brother signed? Because he happened to be in my apartment or sitting in front of my computer?

      Consider the following scenario:
      at a public event, a computer is left on for people to view a web page. I come to the computer and find some way to run a program. I run an installer (maybe that I wrote myself), that displays an EULA saying "You must donate the equipment running this software to Evil. inc". I click "I agree" happily, finish the install and then leave.
      Does that make the owner of the computer bound by that license? I sure would hope not.

      --
      Tomorrow will be cancelled due to lack of interest
    3. Re:Legality of EULA by donutello · · Score: 2

      Wrong. The fact that there is no customer signature only means that there is no proof that the customer actually engaged in the transaction. It does not mean that the customer is actually not liable if they did. This is no different from a paper signature.

      If the customer can make a reasonable case that they were not the ones involved, then they are not liable. With an electronic transaction that is relatively easy to do.

      It's the same with EULAs. If you can prove that you were not the one accepting it then it is not binding.

      However, just as you can't say "I bought that but there is no signature on it so I shouldn't be liable" with credit cards, you can't say "I accepted that but I'm not liable without a paper signature".

      People, this really isn't that hard. A contract is something you agree to - whether it be a credit card or a EULA. The other party needs to prove that you agreed to it and the paper signatures are just a means of doing that. They are sufficient but not necessary to prove that you agreed to the contract.

      --
      Mmmm.. Donuts
    4. Re:Legality of EULA by Anonymous Coward · · Score: 2, Insightful
      I agree with you, however the point the guy is trying to make is "where's the proof it was me that agreed to this contract?" You see, what's the MOST scary about all this DRM shiat, is that once that stuff is on your computer and creating 'digital fingerprints' of you, the user logging into this computer right here, then that silly EULA DOES become binding. Why? Because The Man has the encrypted keys and digital proof that it was indeed you who logged into your computer, it was you who exhibited the same pattern of logging in, surfing the 'net for 20 minutes, upgrading the latest Winblows 'security' patch, and then surfing out for a quick look at some pr0n and to grab a few copyrighted mp3's from Kazaa, just like you always do. And therefore, it was YOU who should be prosecuted for 'stealing' all that copyrighted music and videos over the Internet.

      Such overwhelming evidence of a 'pattern of abuse' would most likely NOT do well for you and your argument about 'not signing the EULA' in a court of law, if it comes to this stage. And quite frankly, it is coming to this, and we do need to fight it!

    5. Re:Legality of EULA by sjames · · Score: 5, Insightful

      How is this interesting? When you sign or accept a contract, you are bound to it, whether you read and understand it or not. If you don't understand it, don't agree to it until you do understand it.

      I note that most EULAs reservie the right to change the EULA at any time without notice. How about if when I click 'I Agree', I also say I hereby claim the right to alter this agreement at any time by posting notice in my underwear drawer!

      Why not, it's just as fair. If the corporations don't like it, they shouldn't accept my money. If the courts have any sense of fairness left in them, they will either uphold both or rule both to be invalid.

    6. Re:Legality of EULA by bergeron76 · · Score: 2

      I think you're oversimplifying this. If MS takes me to court and I say, "I didn't click agree" (even if I did). Tee burden of proof is on THEM not ME. In a court system that is innocent until PROVEN GUILTY, theoretically, I would be found innocent. Microsoft simply CAN'T prove (at least not yet) that _I_ clicked "AGREE".

      "During the install my mouse fell off the desk and I picked it up... I never clicked on any EULA though, nor did I ever get a chance to read one."

      --
      Don't think that a small group of dedicated individuals can't change the world. It's the only thing that ever has.
    7. Re:Legality of EULA by ceejayoz · · Score: 2

      The only way you'd manage to make that work in court is if Microsoft hired 50-cent per hour lawyers.

    8. Re:Legality of EULA by donutello · · Score: 2

      I think you're oversimplifying this. If MS takes me to court and I say, "I didn't click agree" (even if I did). Tee burden of proof is on THEM not ME. In a court system that is innocent until PROVEN GUILTY, theoretically, I would be found innocent. Microsoft simply CAN'T prove (at least not yet) that _I_ clicked "AGREE".

      Exactly. However, you have to say "I didn't click agree.". You can't say "I clicked it but it shouldn't stand because it was not a signature." The burden of proof is indeed on them to show that you agreed to it.

      Btw, Innocent until proven guilty only applies to criminal cases. Civil law only requires a determination of what is the more likely story. So in a civil case if the jury believes that you are probably lying even if they have some doubts you are still guilty. That's what got OJ.

      --
      Mmmm.. Donuts
    9. Re:Legality of EULA by Arandir · · Score: 5, Informative

      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
    10. Re:Legality of EULA by sparkz · · Score: 2
      So then it comes down to how good MS's authentication is - if they can prove that nobody other than myself could have got access to my PC and "upgraded" Media Player without my consent, then fair enough.

      If they can't show that their authentication method guarantees this, surely I cannot be held liable. A lot of people come into my house, can they prove it was me who visited windowsupdate.com?

      --
      Author, Shell Scripting : Expert Re
    11. Re:Legality of EULA by aronc · · Score: 2, Funny

      Just because I was the one logged in doesn't mean that I clicked, even if you want to say that click is binding.

      "I started the install, then my 7 year old yelled that something was going on in the living room, I left to go help him. While I was gone my 2 year old got in the computer room for a while, bashed on everything. Ran back and grabbed him up, while I was doing that my two kittens got into the room. After I got the kid out of the room I rounded up the kittens, both of whom were sitting on my keyboard and the program was installed."

      Now, prove I clicked. Or somehow hold my cat to an EULA.

      --

      jello.
      aka aron.
    12. Re:Legality of EULA by ColaMan · · Score: 2

      So, what's to stop me (besides my conscience) from exploiting this for a free laptop?

      Probably the fraud investigation unit of your card provider. They are pretty thorough, and if they manage to find anything , well , it's off to the full extent of the law with you.

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    13. Re:Legality of EULA by leonbrooks · · Score: 2
      it doesn't matter whether a EULA (any EULA) is legally binding or not. All that matters is that enough people think they are.

      Yes, that's how money works too. Think about that for a while.
      --
      Got time? Spend some of it coding or testing
    14. Re:Legality of EULA by foobar104 · · Score: 2

      And which is why I prefer currency backed by something other than a politician's signature.

      All currency is backed by one thing, and one thing only: opinion. Gold only has value because people agree that it does. If opinion shifts, then value disappears. This is as true for gold or diamonds as it is for dollars or pesos.

      Maybe you need to do a little reading on the rejection of the gold standard.

    15. Re:Legality of EULA by foobar104 · · Score: 2

      More than five thousand years of gold as stable currency puts the odds into my favor.

      I'd say seven hundred years of the pound sterling, or two hundred fifty years of the dollar, put the odds pretty much even. Paper currency is here to stay. Deal with it.

    16. Re:Legality of EULA by MSZ · · Score: 2, Insightful
      Consider the following scenario:
      at a public event, a computer is left on for people to view a web page. I come to the computer and find some way to run a program. I run an installer (maybe that I wrote myself), that displays an EULA saying "You must donate the equipment running this software to Evil. inc". I click "I agree" happily, finish the install and then leave.
      Does that make the owner of the computer bound by that license? I sure would hope not.


      If you're M$ or other large corporation with money to spend on lawyers, he'll be bound. It will be cheaper to give away the machine than to fight in court (US court that is).
      --
      The moon is not fully subjugated. I demand a second assault wave preceded by a massive nuclear bombardment.
    17. Re:Legality of EULA by sjames · · Score: 2

      That's kind of a silly thing to say. Of course the company won't accept the EULA with the added term that you get to change it when you want.

      Based on the results of Windows Refund Day, and the fact that the EULA usually hidden inside the box, I'd guess that they will NOT gladly let me keep my money.

      It is my understanding that a contract may be void if it is patently unfair. I would say that any contract where one party may change the agreement at any time w/o notification and an option to decline definatly fits that description. The only way to restore fairness is to remove that clause or allow me the same (even though that would render the very idea of a contract silly).

      In any other area (say, auto sales), producers are not allowed to get away with substantially changing the nature of the transaction after sale. They can't just slip an ammendment to the contract into the locked glovebox. They certainly can't add terms informing me that the transaction was (in spite of looking exactly like a sale) a long term rental and I may not look under the hood or loan their car to my friend for the afternoon, nor may I transfer the vehicle to anyone else. They certainly can't then add (without even mailing me notice) that I may not tell anyone else if I don't like the car.

      Essentially, the very idea of a contract that is subject to change without notice or that is hidden until after the transaction is completed is silly. A system of law that cannot clearly determine that such a thing is unenforcable is even sillier. In that situation, any commentary is at risk of being silloy as well.

      I'm just waiting for 'civil' court to devolve to:

      P: The defendant clearly failed to wear bunny ears while using our product. He is clearly in breech of the EULA.

      D: (sing song) I know you are, but what am I?

      It's worth noting that I haven't bought (er, rented for life? borrowed for a fee? , whatever it is defined to be these days) closed software in years (Either get Free software, hack it myself or use free beer software until Free software is available).

    18. Re:Legality of EULA by einer · · Score: 2

      I can't imagine that you'll ever see this reply, but it's worth a shot. The premise to my argument was that the CC companies had no choice but to accept the charges (I was in effect arguing your point) when in reality, they are not helpless and the parent poster was providing a dangerous spin on un-cited information.

  19. PNG packs tighter than TIFF by yerricde · · Score: 4, Informative

    I thought it was bad recently when a "Critical" IE6 security path completetly broke the ability to view TIFF images in a browser without hacking the registry by hand.

    Actually, it was Microsoft dropping support for Netscape plug-ins such as QuickTime 5 because of a patent dispute.

    I maintain a web site that basically sells access to TIFF imaged documents.

    Adobe TIFF has three common lossless modes: Apple PackBits (RLE algorithm used in MacPaint and at least one NES game), CCITT Fax (a strange bilevel image codec used by fax machines), and Unisys LZW. PNG, on the other hand, uses Phil Katz's Deflate (LZSS on a 32 KB window, followed by Huffman coding), which makes smaller files than any of TIFF's three algorithms.

    What does TIFF do that PNG doesn't?

    --
    Will I retire or break 10K?
    1. Re:PNG packs tighter than TIFF by dvdeug · · Score: 3, Interesting

      PNG, on the other hand, uses Phil Katz's Deflate (LZSS on a 32 KB window, followed by Huffman coding), which makes smaller files than any of TIFF's three algorithms.

      TIFF has a deflate compression scheme too, though not everyone supports it. TIFF can be smaller; CCITT Fax, which is designed for bilevel text, actually works better than PNG for bilevel text.

      What does TIFF do that PNG doesn't?

      JPEG. Multiple images in one picture; libtiff's registered tags allow for a 3D scan to be stored in one file as a series of slices. Thumbnails can be included by the same mechanism. It can also be used like PDF, in holding an entire document in one file. It provides for anyone to register new tags, for arbitary extension. It's an extraordinarily flexible file format.

    2. Re:PNG packs tighter than TIFF by yerricde · · Score: 2, Insightful

      IE's PNG support sucks balls.

      As of version 5.5.2, Microsoft Internet Explorer will view almost any non-transparent PNG image and almost any binary-transparent indexed PNG image. IE 5.5 and 6.x work well with my site, which uses PNG and JPEG exclusively.

      CMYK encoding

      According to this page, PNG supports CMYK color space.

      YCbCr, L*a*b

      I couldn't find anything one way or the other about these color spaces.

      Resolution Metadata, Extensible Metadata

      The PNG format contains a field for the physical (pixels per meter) resolution of the image.

      --
      Will I retire or break 10K?
    3. Re:PNG packs tighter than TIFF by ncc74656 · · Score: 3, Interesting
      What does TIFF do that PNG doesn't?

      Does PNG support multiple images in one file? Don't take this as a troll...I've had fax software that would store all the pages of an incoming fax in a single TIFF file that could be viewed/printed/etc. Does PNG support a similar capability?

      (For images on a website that you don't want to put through JPEG losses, PNG rocks.)

      --
      20 January 2017: the End of an Error.
    4. Re:PNG packs tighter than TIFF by Alsee · · Score: 2

      ...one nation, under God, indivisible...

      You might want to clarify your SIG. It is ambiguous weather your emphasis indicates you think it's important and support it, or if you are pointing out what you object to.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:PNG packs tighter than TIFF by Pseudonym · · Score: 2
      What does TIFF do that PNG doesn't?

      Let's see...

      • Multiple images in the one file. (For example, multiresolution images.)
      • Tiled images.
      • Device resolution (not just pixel resolution).
      • White and black points.
      • Colour spaces other than RGB (e.g. XYZ, La*b*, CMYK).
      • Floating point image data.

      Basically, PNG is unsuitable for pretty much everything except losslessly transferring images compactly over a network (which it does extremely well; arguably much better than TIFF).

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    6. Re:PNG packs tighter than TIFF by foobar104 · · Score: 2

      What does TIFF do that PNG doesn't?

      Works in existing and legacy software packages.

      It always amuses me when people advocate using new-technology-thing-X, and act bewildered when other people don't rush to adopt it. Some people can be so short-sighted sometimes.

    7. Re:PNG packs tighter than TIFF by phoneboy · · Score: 2

      > What does TIFF do that PNG doesn't?

      Nothing, but if the people or programs you interact with don't support PNG, then PNG is useless.

      As an example, my publisher wants the stuff for my book in Microsoft Word format using a specific style sheet and TIFF files for screen shots. While I can generate Word docs in Open Office and PNG files in GIMP (all freely downloadable), my publisher won't accept the work. Why? Open Office doesn't do a good job with Word's style sheets (or at least my publisher's style sheets). PNG files aren't acceptable to the publisher because the programs they use to lay out the book don't support PNG.

      -- PhoneBoy

      "I say live it or live with it." -- Firesign Theatre

      --
      The views expressed herein are not necessarily those of anyone, including the poster.
    8. Re:PNG packs tighter than TIFF by Pseudonym · · Score: 2

      On multiple images in one file:

      MNG, the multiple-image extension to PNG, does this quite well.

      MNG isn't really designed for multiple images with different resolutions (e.g. mipmap textures) or different colour depths (e.g. colour-corrected images with separate alpha). I think you can hack the former by choosing a frame size which is as big as the largest image, but it's not a good fit.

      Tiled images:

      Do you mean the tile-graphics images used by 2D video game consoles, or do you refer to a sense of "tiled images" that doesn't match the sense that comes to mind when I see the term "tiled images"?

      I mean dicing the image into rectangles and specifying each separately to allow caching of large images. The rectangles may have differing sizes, colour depths and so on.

      By "device resolution" do you mean "number of pixels per physical inch"?

      That's one aspect, but bear in mind that the "pixel" is necessarily a concept which makes sense to all output devices. In many printers, for example, the distance between two "dots" is different than the physical size of a "dot", which requires two different measures of device resolving power, each of which could reasonably be called "dots per inch".

      White and black points.

      Are white and black points relevant to selling images online and having them display in the browser, as the other user mentioned?

      That depends on what kind of images you're selling. Calibrated film "negatives" need them, for example, and I can imagine those being sold.

      PNG supports CMYK data, and its (admittedly limited) color correction system specifies XYZ coordinates.

      I stand corrected.

      What is "floating point image data"? PNG supports up to 16 bits per channel.

      I mean IEEE floating point channels. They're not quite so critical for high dynamic range data if you have 16 bits per channel and white and black points (that way you can assign, say, 0 to reference black, 1024 to reference white and use the area 1025-65536 as your headroom) or some other appropriate non-integer type (e.g. rational pixels, Radiance-style "real pixels" and so on). PNG also doesn't directly support signed pixels, but I guess you could just interpret a 16 bit quantity as a signed number.

      One other thing I forgot to mention is storing an arbitrary number of channels per image, which is important for some applications.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
  20. Things Microsoft might do under this EULA by Animats · · Score: 5, Interesting
    Some things to expect that Microsoft might do, and would now be allowed to do.
    • Register all file types understood by Microsoft Media Player (.avi, .mp3, etc.) to Media Player and not let go. Prevent any assignment of those types to another player. This enforces the "requirement" that content be played through a "DRM compliant" player. (That's a likely plan; Microsoft software has been notorious for grabbing control of file types. So far, you've usually been able to make it let go.)
    • Compute a digital fingerprint of played content and check with a Microsoft server to see if it's pirated. This would make the RIAA and MPAA very happy. (Isn't this already being done for audio CDs, to get the title info?)
    • Check for "pirate" file sharing clients and turn them off. (Probably not for a while, but possible.)

    This is the stuff the RIAA has been asking Congress for, but Congress hasn't gone along with it. Now it's coming in through the back door.

    And notice that this system includes a back door, through which Microsoft can secretly install new software that takes away functions or spies on you.

    1. Re:Things Microsoft might do under this EULA by Animats · · Score: 2
      If Microsoft just grabs ".mp3" in Media Player and keeps it (using, perhaps, Windows File Protection to change back anything that takes it away), then checks for copies that match copyrighted content, that might be enough to shut down the whole MP3 thing. Yes, there will be ways to get around it. But they could probably be prosecuted as DMCA "circumvention device" violations. So there won't be commercial products that do it.

      Sure, you could still play MP3 files on a Rio, a Mac, or a Linux box, but a protection system in Windows would shut down 90% of the content out there.

    2. Re:Things Microsoft might do under this EULA by BCoates · · Score: 2

      A few broken programs aside, .mp3 being bound to media player only means media player runs when you "run" a .mp3 (like double clicking on it in explorer). It wouldn't keep you from playing mp3s in winamp, particularly if you're like me and do add->add dir in the playlist to load music.

      --
      Benjamin Coates

  21. Re:So I guesss any non-MS software is out. by Winterblink · · Score: 2, Insightful

    Come on. The second anyone finds that Winamp's been disabled because of something Windows Media Player installed behind the scenes, Microsoft will be fighting back a shitstorm unlike any other it's faced. I find it highly unlikely you'll log into your Windows machine one morning and find nothing will work other than Windows Media Player.

    --
    "I'm a leaf on the wind. Watch how I soar."
    -Hoban Washburn
  22. Crap, I just installed this last night by serutan · · Score: 2

    DOH!!

    But they can't install DRM software without my knowledge, can they? Or does MediaPlayer now contain stealthware?

    "Hey Ick, you were just kidding about it exploding, right? ...Ick?"

  23. Just finished de-lousing the PC at home by Archfeld · · Score: 2

    What with their inane system restore function, and the worse SystemFileProtection crap, the windows media player is consider a system file ?!?! After minutes of cursing I found an article by a helpful hacker who advised killing the statemgr and poof no more Media player :)

    Some day it will be POOF and no more Windows :)

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
    1. Re:Just finished de-lousing the PC at home by ceejayoz · · Score: 2

      System restore has saved my butt once or twice...

    2. Re:Just finished de-lousing the PC at home by Maserati · · Score: 2

      System Restore has probably saved thousands and thousands of novice users from total system meltdowns. I became very fond of that feature after taking a call at 11pm from a user with a basically hosed network stack after a failed VPN install [1]. She was toast if she had been using anything but WinXP. I mentally took a $1000 of my my running total [2] of "Bill Gates personally owes me..." that I update whenever an MS product pisses me off for the System Restore feature. It's even easy enough to use that I could walk a panicky novice through it just from the TechNote on using it in front of me.

      [1] Their IT group refused to support or deploy XP for any reason and was leaning heavily towards OS X (new standard biosciences workstation and a good numbercrunching machine anyway) and Mozilla (good IMAP client) since most users had both on their desks for different things. The Windows NT workstations on the production line (massively locked down, standardized and secured) won't change for a long time - the FDA recertification would be a really expensive PITA.

      [2] From $5650 to $4650. It's back up to $4900 now btw.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
    3. Re:Just finished de-lousing the PC at home by Tony-A · · Score: 2

      "What's with their inane system restore function and the SystemFileProtection crap?"
      Making the world safe for Microsoft worms and viruses. All those things that execute when they want to, not when you want them to.

  24. Not the end of the world at least by marxmarv · · Score: 2
    Yes, it's annoying having to track bullshit changes in a huge pile of untested hacks sold into an all-but-captive market, but it shouldn't take much more than 4 hours of hacking perl (or your choice of language) and ImageMagick bindings to do online transcoding the images from TIFF to PNG or GIF or JPEG or even BMP. That will at least get the information and the revenue flowing again, and makes for a usable long-term solution if re-encoding an entire library isn't cost-effective.

    -jhp

    --
    /. -- the Free Republic of technology.
  25. Re:Two questions by birder · · Score: 4, Interesting

    You can remove wmplayer.exe and rename mplayer2.exe (in the same directory) to wmplayer.exe

    That's a start

  26. Funny by fluxrad · · Score: 2

    You mean, for example, that I should be able to watch my DVD of Das Boot on my Linux box without it being a federal crime?

    That's the whole point of this thread, that this kind of shit is being force-fed to us, and our "elected" representatives are just smiling and nodding.

    --
    "It is seldom that liberty of any kind is lost all at once." -David Hume
    1. Re:Funny by fluxrad · · Score: 2

      Did you vote in the last election?

      yup.

      What percentage of your like-minded associates voted in the last election?

      'bout half.

      Of those, what percentage will vote in the coming midterms?.

      not many.

      Your problem is, you assume that if everyone voted, the world would be a much better place. The problem isn't who we elect, bucko...the problem is who's running!

      --
      "It is seldom that liberty of any kind is lost all at once." -David Hume
  27. This kind of crap should be illegal by dh003i · · Score: 2

    Any contract like this should be illegal and void.

    Its like making a contract, where in very fine print at the bottom it says, "You agree that you will become a slave."

    What's next, are they going to put in clauses saying that you agree that they may place virus' on your computer?

    1. Re:This kind of crap should be illegal by PhxBlue · · Score: 2

      What's next, are they going to put in clauses saying that you agree that they may place virus' on your computer?

      Then again, isn't that what you did by installing Windows on your PC in the first place?

      --
      !#@%*)anks for hanging up the phone, dear.
  28. not Funny, but Fundamental by marxmarv · · Score: 2
    No sense fighting a giant before your a victim.
    Yeah. You can't sue unless you're an injured party anyway, at least under US law.

    -jhp

    --
    /. -- the Free Republic of technology.
  29. but is it for all versions? by BigBir3d · · Score: 2

    "FYI my patch is for Media Player 6.4 on Windows NT 4.0."

    I though MP was up to 7.1 now.

    Besides, this is much scarier.

  30. Re:This has got to stop by DeltaBlaster · · Score: 2, Interesting

    I could be totally wrong (which I probably am)... Isn't there something illegal about Microsoft disabling (thereby 'destroying') items from YOUR computer (YOUR property)??

    --
    (This Space For Rent) ....($50 A Month).... (Contact The Voices In Your Head)
  31. Mix with legalization of attacks on P2P networks by Titusdot+Groan · · Score: 2
    This is really cool when you mix with legalization of attacks on p2p networks. This effectively, and legally, lets Microsoft prevent your computer from being a p2p node.

    I wonder if the EULA lets them use you as a node in a concerted attack on p2p networks that "break" DRM.

    Anybody have the full EULA?

  32. Not only that.... by Newer+Guy · · Score: 2

    But the security patch trashed a friend of Mine's computer. Internet Explorer 6 began crashing every 30 seconds until I told him how to use system restore to restore his computer to the point before he installed the patch. Now it's fine again....

  33. Re:Hmm by John+Miles · · Score: 2

    They just want to make sure you paid for it.

    Which is otherwise known as "confusing YOUR problem with MY problem."

    Go away, Ms. Rosen.

    --
    Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
  34. Re:Hmm by carambola5 · · Score: 5, Insightful
    They would have to make it illegal to have hardware that would cooperate with the software of your choice.


    Microsoft is well on their way to making hardware do this by itself. Then, all they have to do is invest a little more in America (ie: buy a few more Congressmen) and, voila, every computer in America has one of these suckers. Goodbye Linux. Goodbye ability to do whatever you want with your own music.

    --
    IWARS.
    People, in general, disappoint me. Politicians even more so.
  35. I quote CmdrTaco when I say... by anthony_dipierro · · Score: 2

    "If you disagree with me, don't read. I don't mind!"

    If you don't like the software, don't download it. Bill Gates doesn't mind.

  36. What are some other options? by serutan · · Score: 2

    Okay, we've all bitched about it. So now, what are the alternatives? I'm ignorant of generic media players other than "the" Media Player. What are the good ones that will run under Windows? There must be a way to uninstall or disable Media Player and still run Windows. I don't see it in Add/Remove Programs, but have not yet checked Windows Setup. How about hacking the registry, or a stub that replaces Media Player so you can pretend to leave it in place? These things are a bit beyond my experience. What about it, Win hackers?

  37. I didn't see it by DoorFrame · · Score: 2

    For what it's worth I just download and installed a patch (I'll assume there's only one at the moment) for my WindowsME version of Media Player. I skimmed through the EULA that I had to sign off on, and did not see the alleged references to DRM. Maybe they changed it, or maybe it's not in the ME update. Don't know.

  38. Re:There's really nothing wrong with this by Steve+B · · Score: 2

    Nope. Microsoft screwed up their product, and has thereby incurred an obligation to fix it. They may not attach extra strings to that obligation, any more than a bratty child may demand ice cream as the price for cleaning up the mess he just made.

    --
    /. If the government wants us to respect the law, it should set a better example.
  39. I see by SomeOtherGuy · · Score: 2

    *nix desktops grabbing a few more percentage points. I think there is a fairly large user base of people that although not tech savvy enough to already be a *nix head -- but are smart enough and well educated enough to know when someone (microsoft) is putting the screws in them and turning 1/8 of a turn every few months. Although I know that some of these people are already Mac users....But given time...anything can happen.

    --
    (+1 Funny) only if I laugh out loud.
  40. been that way for a while by jd142 · · Score: 4, Insightful

    So we're updating machines at work to w2k by flashing an image on to the hard drive. Being the nice people we are, we've even backed up people's music for them. When we restored one woman's music, media player refused to run until it had been updated. So I updated it, checked that it ran the little demo it comes with and left. 10 minutes later I get a call that it won't play her music. Turns out that because the music had been ripped on what it thought was another machine, it refused to play it. Never mind that the hardware was exactly the same, except for the addition of 128 megs of ram. The hd had been formatted and a new os installed (essentially) so as far as media player was concerned, the files were now on a different pc and so it wouldn't play them.

    I tried to explain to her that Bill Gates thought she was stealing music. I'm not sure it took though; I think she secretly thought we weren't letting her play it. Yeah, we'll back up a gig of music on the tape, spend the time restoring them and then not let you play them. She eventually just said she'd bring the cd's in again.

    There may have been a way around all this, but for such an obvious non work related thing, wasn't going to do it. Didn't feel like installing winamp because she'd been so annoying and whiny about the whole thing.

    1. Re:been that way for a while by Indy1 · · Score: 2

      What format was the music in? If it was mp3's, why not use winamp? Windows Media player sucks royally for anything other then wma crap.

      --
      Lawyers, MBA's, RIAA? A jedi fears not these things!
    2. Re:been that way for a while by jd142 · · Score: 2

      Can't honestly remember whether it was mp3 or wma. You are right, winamp probably would have been a solution. If part of the person's job was to listen to music all day or is she'd been a little less whiny. But when she voluntarily suggested that she'd just bring the cd's in, I let it go.

    3. Re:been that way for a while by Indy1 · · Score: 2

      lol, i hear ya. A true BOFH solution would be to give her a crappy cdrom that cant do DAE properly, so when she tries to re-rip her audio cd's, it all comes out like crap.

      --
      Lawyers, MBA's, RIAA? A jedi fears not these things!
  41. Time to bug my state attorney general... by TheRealStyro · · Score: 2, Insightful

    This smells so illegal... First include an application in the OS that has a security hole, a few months later act surprised that someone discovers it, firstly deny any such problem exists than finally recant and recognized the problem, build a patch a few months later but include in the attached legal document aa disclaimer for any responsibility for the patch, application(s), and OS, and that third-party applications may be disabled/removed/erased without the owner/user permission at any time. Grrr...

    Kinda like buying a new car and not noticing the dealership & manufacturer deny and responsibility for any item and/or service. Then find that if the dealership and/or manufaturer doesn't like any third-party something(s) you put into/onto the car (tires, stereo, etc.) they can eject/confiscate/destroy the third-party something(s) at any time. In a few months you get some new tires from some dealer down the road and as your cruising home on the interstate at 60 the front tires are ejected. Later the court throws out the lawsuit since you violated the dealship/manufacturer EULA...

    Time to buy another drive and try the various "open" OS's again....

    --
  42. How to take a stand and have it count by Arcturax · · Score: 5, Interesting

    We can go through the courts but there is no guarantee you will win. In fact, if anything, you may do the opposite, set a precident that EULA's are legally binding.

    So instead, you will just have to stop using Microsoft software. People bitch and moan and gripe but at the end of the day they sit down and load up Windows.

    Well, if you really want an effective protest, you are going to have to change. There are some options and they are not as bad as they seem once you adjust!

    First off, there is Linux.
    Pros: Keep old hardware, plenty of free software available, WINE may let you play some Windows only games, large community of geeks who will likely help you for free if you get into trouble (a million places to go for "support"). EULA, if any, is not the work of the devil.
    Cons: Limited number of games, some only available through WINE, need to learn UNIX (big curve for some people), some hardware may not work right or at all, ease of use is not all there yet. No office but there are alternatives which are getting better by the month.

    There is also the Macintosh:
    Pros: Extremely easy to use, rock solid OS which matches or exceeds the windows experience when it comes to user interface, cd burning from the desktop and overall user experience. Plug and play far superior to Windows and Linux. Good and rapidly growing supply of games and other software. OS is based on open source software (NetBSD) and Linux/UNIX software can and is being ported over (you can even replace your UI with Gnome or KDE if you wish!). Microsoft office is available as well as the open source alternatives ported to Mac OS X. Large fanatic user base who will often help out other Mac users in distress for free.
    Cons: Not as many games/software choices as Windows, though this has improved imensely in the last 4 years. EULA may be the work of the devil, check Steve Job's receding hairline to see if horns are exposed. Mac OS X still a young OS and there will be bumps in the road. Last but not least, you will need a new computer and the hardware is a bit more expensive though this is made up for quality and an average usable lifetime of 4 years compared to 2 for a PC.

    So you may have to make some sacrifices and changes, but you can give M$ the finger and still have a usable computing solution in your home or office.

    --

    --Won't that be grand? Computers and the programs will start thinking and the people will stop. - Dr. Walter Gibbs
    1. Re:How to take a stand and have it count by Rogerborg · · Score: 2
      • Linux. Pros: Keep old hardware,

      I'll call you out on that. For the majority of Windows users (which is what you are talking about), you need KDE3 to get equivelant friendliness. And KDE3 needs as much resources as an XP system. Don't tell me it doesn't, go and try it. KDE3 is unrunnable on a 48MB machine, and you'd have to be a masochist to want to use it with 64MB. 96 is the practical minimum, 128 is about right. Use anything less than KDE3 and you're sacrificing user friendliness, which (for most users) is a step backwards. In fact, for ease of use, I'd rate KDE3 alongside Win98SE. Win98SE runs fine in 32MB. So does fvwm95, but I'd (sorry) pick Win98SE over that for a general purpose system for

      Don't get me wrong, the reason I'm making this comparison is because I do use KDE3 (and love it), but I'm always disappointed by people comparing the apples of a Win9x GUI with the oranges of a Linux CLI or simple xwm.

      Perhaps by "old hardware" you mean something like PII 300+ with 128MB+ of DIMM memory, but I've just given my brother a salvaged P166 with 48Mb of SIMMs, running Win98SE, and he's happy with it. There's no X/Linux system that I could have put on it that would have done the job. Sorry, but I have to call them as I see them.

      --
      If you were blocking sigs, you wouldn't have to read this.
  43. Forget the EULA, watch for the *next* patch by schmaltz · · Score: 5, Insightful

    This EULA's a precurser to M$ actually installing DRM and anti-anti-DRM software on your computer as part of the next security patch.

    --
    Big Daddy, Johnny, Burp, Aunt Zelda, Scott, Slurp, Big Momma ... where's Siggy?
    1. Re:Forget the EULA, watch for the *next* patch by theCoder · · Score: 2
      heh, the only reason to install the patch is to fix the hole in the DRM software. From the description of the hole at http://www.microsoft.com/technet/treeview/default. asp?url=/technet/security/bulletin/MS02-032.asp:


      What's wrong with how Windows Media Player and how it handles cache information?

      There is a flaw in how the Windows Media Player handles a license request for a secure media file in certain situations. When Windows Media Player requests a license for a media file and that media file is located in the IE cache, Windows Media erroneously returns the obfuscated name being used by IE for caching to the server specified as the license server for that particular media file.


      Kinda makes you want to go out and put lots more DRM software on your computer, doesn't it? How many more security holes can we expect in the software designed to restrict our ability to use our computers? Personally, I'm glad I still have a choice of operating systems.
      --
      "Save the whales, feed the hungry, free the mallocs" -- author unknown
  44. Logical Fallacy by elmegil · · Score: 4, Funny
    So if you want your machine secure, you also want microsoft to have free reign on your PC.

    So obviously it's not possible to have your machine secure, because it won't be if you give MS free reign on your machine.

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  45. On patch, EULA doesn't display by KMSelf · · Score: 4, Interesting

    Patching a number of systems at the office (my desktop's Debian GNU/Linux, but others suffer...), I noticed that the EULA dialog (digression #2: HTF is someone supposed to be able to read the text in a dialog that shows ~8 lines x 20 columns?) didn't present the EULA by the time I'd clicked the "Accept" button. This several times. And though we're running some older systems, this included a set of newer 1 GHz+ boxen.

    What's the legal status of a contract which disappears "on approval" before it's been read?

    --

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

  46. Oracular Burrito! by twitter · · Score: 2
    If you're in a large company and individual users have the rights/permissions to install software/patches on their machines -- short your own stock, you're in more trouble than just a EULA. :)

    That would be any company with M$ encumbered hardware. At my company, M$, Norton, and a host of other "screen saver" shiny display companies take turns in the great zero privacy gang bang of our desktops. Some of it is initiated by users, others came as default enablers, NetMeeting, IE, Outlook, MediaPlayer. Our computers are so full of spies reporting to so many masters, I sometimes wonder if Bill Gates is intersted in Solitair scores.

    If you had said this two weeks ago, I'd have called you a prophet. As it is everyone is short selling everything because the "new economy", where no physical good are made and shipped to the rest of the world, is a lie. DRM is more that invasive, it's a bad bet.

    --

    Friends don't help friends install M$ junk.

  47. Everyday my decision seems smarter and better. by miffo.swe · · Score: 2, Interesting

    I decided to use open source software as much as possible since a couple of years back. Mostly because i have trouble using Microsoft software, mainly due to the lack of quality. A thing that bothers me more and more is that some companies want to take control over MY computer. A thought that dont please me at all. Its my computer and i make the decisions about it. If a company can gain access trough a back door to alter settings and such then surely anyone else that gets their hands on the keys can too.This makes a huge security threat to all possibly sensitive data i might have on my box. No serious OS shold contain a backdoor. There arent a single legit reason for it. Hopefully there are more people that thinks as i do and maybe there will be enough people using linux/freebsd/whatever to sustain alternatives to Microsoft in the future.

    --
    HTTP/1.1 400
  48. You don't even have to be connected to the net by twitter · · Score: 2
    Furthermore, the patch that disables the program will "will be automatically downloaded onto your computer," without your knowledge.

    The "patch" can come on a CD too. All you have to do is buy a camera and install it's drivers. ActiveX and what_not.dll will be replaced by the DRM versions. Since I purchased an Epson Digital Elph (an excellent camera and worth every penny spent) Paint Shop Pro can no longer take scans from my Cannon flatbed scanner. Now only the M$ scanning program can. Moreover, the tiff and bmp images that scanner makes are corrupt and won't open in Paint Shop Pro or win32 GIMP or most of my Linux image manipulators. Only Electric Eyes ignores the error and is able to liberate my scans. So you see, my carefully gaurded 98 machine that never sees the net was damaged by new M$ tricks despite my caution.

    M$ is evil. They wish to redifine free as "without reward."

    One day, I'll understand how to work my camera and scanner without M$ help and the VFAT partition will go away.

    --

    Friends don't help friends install M$ junk.

  49. Re:There's really nothing wrong with this by UncleFluffy · · Score: 2

    You're ignoring the fact that you're free to choose not to use any Microsoft products at all if you want.

    And you're ignoring the fact that this is talking about stuff that people have already paid for.
    --

    What would Lemmy do?

  50. This EULA + Palladium = CBDTPA/TCPA by schmaltz · · Score: 2
    According to the AC's post above:
    Read the Eula again, pal:
    * Security Updates. Content providers are using the digital rights management technology ("Microsoft DRM") contained in this Product to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated.
    Microsoft is forcing what is perhaps the begining of Palladium onto unsuspecting computer users. Watch out! Double meanings: Security Update means Secure Content, in this case DRM.
    --
    Big Daddy, Johnny, Burp, Aunt Zelda, Scott, Slurp, Big Momma ... where's Siggy?
  51. Hold on... What about auto-update? by rakslice · · Score: 3, Insightful

    If this patch was distributed through Windows Update as a critical update, and thus was auto-installed on my machine through my XP Auto-Update configuration, then it's not like I've agreed to a new EULA, right? It was automatically installed; I was never given an opportunity to disagree to a new license.

    1. Re:Hold on... What about auto-update? by oconnorcjo · · Score: 2
      If this patch was distributed through Windows Update as a critical update, and thus was auto-installed on my machine through my XP Auto-Update configuration, then it's not like I've agreed to a new EULA, right?

      If you are using auto update then I would not worry about this EULA. You have essentially given Microsoft the right to do anything they want at thier convenience anyway.

      --
      I miss the Karma Whores.
    2. Re:Hold on... What about auto-update? by rakslice · · Score: 2

      Yes, you do. IIRC, you give permission to MS to install software in the main XP EULA, even if you don't have auto updates turned on. I know that. I'm trying to determine whether that could bind me to special EULAs at all, or if it can't because I never have an opportunity to see or disagree with the special EULAs.

  52. Buy console for games, computers for work. by moncyb · · Score: 3, Insightful

    You say the cons for Linux and Macs are that they don't have many games. However, why not just buy gaming consoles for play. There are at least two non-Microsoft competitors in that market--Sony and Nintendo. Maybe some of you have reasons not to like them (they seem to be obsessed with copy protection too), but I think they are much better alternatives to MS. As an extra bonus, you don't have to mess with hardware configurations and stupid compatiblity problems, or wait for long boots...

    ...and yes there are games that are computer only, however it seems to me that recently all the good games are on console anyway, and the computer game section of stores are almost dead. I mean last time I looked, The Sims was the most exciting game there! Lame.

  53. Yes, but PNG doesn't do annotation, etc... by Svartalf · · Score: 2

    Document imaging systems use the TIFF annotation features for things like "smart" redactions (You burn the redaction into the image while keeping a copy of the unredacted portion, which is then accordingly compressed and then encrypted. That encrypted image is then stored as an annotation that can only be shown if you've got the password, etc.

    There's a lot more that you can do with annotations, etc.

    Suffice it to say, PNG's good, but they didn't account for document imaging in that format- TIFF did.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  54. MNG's not geared for document imaging, but TIFF is by Svartalf · · Score: 2

    The MNG spec is for animated images, not entire documents (although you can use it that way...). MNG is a multi-image format extention to PNG which is not geared for all the needs of document imaging.

    For example, PNG combines RGBA per each pixel. TIFF allows for seperate planes of Red, Green, Blue, and Alpha as would be used by rasterization engines or would be produced by high-end scanners.

    It all depends on what they're doing with the images- PNG may not fit the bill all the way around.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  55. Faulty merchandise by heikkile · · Score: 2

    I have no idea how this would play in a U.S. court, but I suspect that here in Denmark I could argue that MS has shipped a faulty product - they admit it themselves by offering a fix to it - and then refusing to fix the problem - by requiring me to agree to blatantly unreasonable terms If I had been using MS stuff, I would take this up with the local consumer protection authorities (forbrugerombudsman). (Un?)fortunately I have not purhcased any MS software for the past many years, so I can not go that way. Hope someone else will.

    --

    In Murphy We Turst

  56. Re:There's really nothing wrong with this by Anonymous+DWord · · Score: 2

    How does that deal with the "we reserve the right to change the terms of the EULA, without notification, at ANY TIME" problem?

    --
    "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
  57. My friend, it's called UCITA by DaveWood · · Score: 5, Informative

    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

    1. Re:My friend, it's called UCITA by foobar104 · · Score: 2

      I think you meant to say that "Representative democracy works best when people actually represent their constituents."

      I meant exactly what I said. I subscribe to the belief that my elected representatives are not sent to Washington to do what I would do if I were there. Rather, I trust my elected representatives to make wise decisions in my name and with my authority.

      This is an important distinction. I realize and accept that I may not always agree with my elected representatives on every issue, because I'm not always aware of all the facts, or of all the outside factors. I trust them to do what's right, in the broad sense, even if that means doing some specific things of which I may not approve.

      If that trust is bruised or broken, I may vote for the other guy next time around. That's my prerogative as a voter. But I don't elect Joe Congersmann on the assumption that he's going to do what I want, all the time. That's pure democracy by proxy, not a republic.

    2. Re:My friend, it's called UCITA by foobar104 · · Score: 2

      When you stop believing that the system works, the system stops working. It's that simple. Corruption and graft are exceptions, not the rule.

      I would also argue generally when it comes to any technology based bill the people here on slashdot probably have a better understanding of the issue than the majority of congress, and the majority of the population as a whole.

      Oh, what arrogance. Just because you know what all the acronyms stand for doesn't mean you understand anything about the big picture, or about how that particular issue fits in with other aspects of the law or of society.

      That's why judges and lawmakers shouldn't be experts. Experts are well informed about a specific subject, but are not known for having a good grasp of the big picture. Judges and lawmakers have to weigh all the factors and make the right decisions, and not get bogged down in the trivial details. A working knowledge of technology is not necessary for making good decisions about technology policy, and can, in fact, end up getting in the way.

    3. Re:My friend, it's called UCITA by foobar104 · · Score: 2

      I hear people saying things like, "the system is built for corruption," but I don't hear anybody actually pointing out evidence of widespread corruption in the system. In other words, if all you have to say is, "this system sucks," I'm not really interested in listening.

      Let's take your points one at a time.

      how else does a country end up with a copyright that doesn't expire for 95 years?

      Exactly how long should copyrights last? And why? Is it really appropriate, for example, for Mickey Mouse to revert to the public domain when it's still being actively used by its owner? To me it's entirely reasonable that intellectual property owned by a corporation should be protected by law for as long as that corporation exists, or some sensible upper bound. Copyright protection for IP owned by an individual lasts as long as that individual is alive, and then some. If I live to be 200 years old, my works would be protected for me by law for 200 years, plus a number of years after my death. It's reasonable to expect the same protection for IP owned by a corporation. Given that Paramount Pictures turned 90 this year, and that Coca-Cola is well over 100, a limit of 95 years for copyright protection for IP owned by a corporation seems to be, if anything, too short.

      or patents on the most rediculous of ideas, or methods?

      Since you didn't name anything specific, I can only guess as to what you're thinking of. In general, though, it's kinda silly for one person to call another person's idea obvious or trivial. As Douglas Adams said, "It is a rare mind indeed that can render the hitherto non-existent blindingly obvious. The cry 'I could have thought of that' is a very popular and misleading one, for the fact is that they didn't, and a very significant and revealing fact it is too."

      Or laws such as the DMCA

      I don't accept prima facie that the DMCA is a bad law. That's because I'm not an expert in law in general, or IP law in particular. So I have no prima facie opinion of the DMCA.

      But if it is a bad law, it isn't the first. Bad laws make it onto the books all the time. That's part of how our system of government works, and that's why we have a judicial system. Laws are passed, challenged, and struck down every year in this country. The fact that a bad law has come into existence is not evidence of a flaw in the system. If it's unconstitutional, or badly written, or unenforceable, it'll be declared such by the courts when challenged.

      or how about the RIAA wanting a piece of used cd sales?

      Um. I don't see what that has to do with our system of government. If I were the RIAA, I'd want a piece of used CD sales, too, and so would you. What does that have to do with anything?

      What I've been saying all along-- and continue to say now-- is this: none of these complaints are valid critiques of our system of government. If I agreed with every cry of injustice raised on Slashdot-- I don't-- I would still have no cause to find fault with our system of government. From my seat, the government of this country is working exactly as it should. We have all sorts of different parties-- individuals, groups of individuals, companies-- with conflicting agendas. Sometimes one or more of those parties is able to get their agenda implemented as public policy. On those occasions in which that public policy is in conflict with the law of the land, or is in some other way inherently flawed, the courts strike it down.

      This is, in other words, exactly the way the Founding Fathers envisioned our system to be: dynamic, resilient, and strong.

      Your complaints are unfounded.

  58. Correct me if I'm wrong, but... by inode_buddha · · Score: 2, Insightful

    isn't this the same sort of "bundling" activity that got MS into trouble in the first place wrt Netscape/IE? It's not as pervasive on the front-end now (from the end-user's perspective), but it's all over the back-end... where the real money probably is. Not that I really give a crap either way -- I switched over to 100% OSS/Free software about 5 years ago, and I don't have any desire to actively trade in certain file formats. For that matter, I've only bought 2 music CD's since the format was first invented. Reason why? It didn't take long to realize what was going on in the industry, so I simply boycotted it altogether. I don't think I'm missing much either, judging by the crap on the car radio going into work this morning. The entire DVD thing was a real yawner for me; same shit, different day. When will the content owners actually take responsibility for enforcing their ownership, instead of foisting their problems (such as really antiquated business models) upon the IT industry and its users? For that matter, perhaps some of the IT industry has equally antiquated business models. Bah.

    --
    C|N>K
  59. Another big win for Open Source by Angst+Badger · · Score: 3, Interesting

    Years ago, it was a common observation that increasingly draconian and intrusive licensing agreements would lead to widespread adoption of Free and Open Source software. It hasn't been quite that dramatic, but it has been happening, mostly in Europe and elsewhere outside of the United States. But give it time -- the new MS EULA is a direct threat to corporate security. Joe Average may miss this point, but you can be sure that corporate IT security folks will flash on it as soon as they realize that they just agreed to be rooted by MS.

    --
    Proud member of the Weirdo-American community.
  60. Real Time Strategy by BumbaCLot · · Score: 2, Insightful

    Unfortunately the console will never be a good platform for real-time strategy games, or first person shooters. These games require a mouse and keyboard to play. Age of Empires (published by Microsoft) was one of the best selling PC games in history. The same goes for Turn-base strategy games as well. Civ3 anyone? I am all for RMS's ideology, but until I see a great RTS/TBS game on linux I will stick with Win2k. Console are fine for driving, sports, and fighting games, but when you need maximum control and aim, a PC is the ONLY way to go.

    1. Re:Real Time Strategy by autechre · · Score: 2

      The Playstation 2 has USB ports. You can use a keyboard and mouse. Did you have any other reasons why it will "never" be a good platform for your sort of games?

      By the way, consoles have been the platform of choice for my sort of games (RPGs) for quite some time. Which is why we have a Dreamcast, Saturn, and Playstation 2, and happily run Linux on all machines.

      --
      WMBC freeform/independent online radio.
  61. Mission by ruvreve · · Score: 4, Insightful

    A mission for the enraged /. reader, discover what server(s), domains, IP addresses access a windows PC to check for DRM compliance and disable software.

    Then publish this information on every website possible and allow everybody to update their firewalls blocking any sort of access to these places. And MAYBE send the information to Linksys so they can put a option in their "DSL/Cable Router" to block any sort of access to it.

    Linksys may be able to increase sales by advertising just this feature to the average consumer.

  62. And the notice of license change was on display... by (void*) · · Score: 2

    on the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard.'
    (from "The HitchHiker's Gyuide to the Galaxy")

  63. My Zonealarm says NO! by Robber+Baron · · Score: 2

    'nuff said.

    --

    You're using her as bait, Master!

  64. Ok, so what. by WhiteKnight07 · · Score: 3, Insightful

    Just find somebody who is less than 18 years old to install it. Since they are a minor and therefore unable to enter into a binding contract the EULA is void.

    --


    We're going to make information free Mr. Anderson, whether you like it, or not.
  65. Missing the Point by tlambert · · Score: 4, Insightful



    All of you people talking about removing/subverting/ignoring/legally challenging/etc. the EULA are ignoring an important fact.

    It doesn't *matter* if you legally accept the terms of the EULA or not, since those terms merely spell out *how the software will operate anyway*.

    Say there is a magic "Get out of EULA Free" card that came with your Microsoft Monopoly game.

    Say you use it.

    That's not going to stop the software from disabling other software on your machine, interfering with its operation in a supposed attempt to ensure "Digital Rights" are observed, or installing other components into your OS automatically, without asking you for permission.

    The software *doesn't know from EULA*.

    In other words, you can debate the legality all you want, but that's not going to change how the code operates, once it has been installed on your machine.

    -- Terry

  66. I have only one thing to say... by horza · · Score: 2

    Counter-strike.

    Phillip.

  67. Re:Use something else!!!! by eagl · · Score: 2

    The license at issue has nothing to do with windows media player, except that the license change happened to be distributed with the patch. If you read the actual words of the license, it says that they might alter the core operating system itself, and those changes may disable playback and/or copying of any material they determine you do not have rights to, including disabling any software that attempts to copy the material.

    This goes WAY beyond windows media player.

    I'm imagining some general at the pentagon trying to email a critical word document and being unable to send out this critical document because some airman accidentally left it read-only-don't-distribute.

    At the core of this issue is the idea that a company can at any time alter the conditions under which you may use a product you purchased in the past, without calling it a new product.

    Here's a silly what-if example - Imagine if the electric company came out to install a ground-fault circuit in your home with the stated purpose of protecting against short circuits, but then sent out a notice in the mail saying that the new circuits will detect unauthorized devices in your home and disable them if the power company determines that they could be used to violate copyrights, and that further use of their electricity constitutes agreement to their new "service".

    Silly? Absolutely, but it's the same thing that microsoft is doing. They've released a series of utilities which people have purchased under one useage agreement, and now they are not only altering that usage agreement while distributing the fix to a product flaw, they also claim the right to disable any other product used in conjunction with their product that violates their new usage agreement.

    Now compare this to the hardware DRM solution MS is pushing onto chip and motherboard makers (palladium?), and the picture becomes clearer.

  68. Re:par for the course by ImaLamer · · Score: 2

    http://slashdot.org/comments.pl?sid=35096&cid=3792 597

    cut and paste

  69. There are conflicting versions of the EULA!!! by Robber+Baron · · Score: 4, Interesting

    If you retreive the patch via windowsupdate(only works with IE), the EULA doesn't say ANYTHING about DRM or crippling your ability to access secure content!

    What the hell? I thought the BSD article was a troll, but to be sure I checked out his links and sure enough, THAT version of the patch contains the paragraph about DRM etc...

    Well now we have two versions of the same EULA with conflicting conditions, both of which are posted in VERY public places! Now I'm no expert on contract law, but with two publicly posted conflicting versions, as far as I'm concerned, we can safely ignore both! Way to go Bill!

    --

    You're using her as bait, Master!

    1. Re:There are conflicting versions of the EULA!!! by hacker · · Score: 2
      Well now we have two versions of the same EULA with conflicting conditions, both of which are posted in VERY public places! Now I'm no expert on contract law, but with two publicly posted conflicting versions, as far as I'm concerned, we can safely ignore both!

      Did you ever think that this was intentional? People will assume it's ok to ignore both, since there can be no determination as to which one is "right", and their comfort-level with installing it will increase.

      "Hey, there's two versions of this license here? I'll ignore both. [clicks install]"

      People will feel more comfortable installing it, therefore more people will be stung by it when it timebombs into the next thing.

      Microsoft is a marketing company, not a software company. They have plenty of tricks up their sleeve to dodge around a lot of laws. This whole anti-trust trial was nothing more than "practice" for them.

      Has anyone noticed that the more "fixes" get put into Microsoft products, the less you can do with them? For a company that advertises innovation, they sure are clamping down on the choices you can make with using it.

      Using Microsoft == less flexibility, less choices.

  70. Read the article/EULA carefully by Yankovic · · Score: 2

    It says "Download" automatically, not "Install". Also, though this is not specified, it much more seems focused on the disabiling of the features that allow secure content, rather than everything else.

  71. Email your Windows code back to them by gelfling · · Score: 2

    I'm calling on all open source folks to email their MS code back to MS. Until there is a law or Consitutional ammendment that says I have to use their stuff I say we should have the option of returning it back to them if we don't want it.

  72. Proper patch by Alsee · · Score: 2

    I want to contact Microsoft and demand a security patch to Media Player 6 within the same licence as Media Player 6. I refuse to grant Microsoft authority to download code onto my machine without my authorization. I refuse to grant them the right to disable my files. I refuse to grant them to right to disable other programs at will. I demand a fix to their security hole be made available seperate from their auto-installer code.

    Microsoft Security Bulletin MS02-032 says:

    Technical support is available from Microsoft Product Support Services. There is no charge for support calls associated with security patches.

    As far as I can tell their web site is broken. Perhaps it isn't compatible with my (non-IE) web browser. Perhaps it doesn't work within my security settings. I am fed up with fighing with their website. Perhaps someone else can figure out a way to reach them on this issue.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  73. Here's something from 20 years ago by laing · · Score: 2, Informative

    A Lawyer Looks At Software Licensing
    by L.J. Kutten

    For the past four years; many software companies have been
    publicly bemoaning their losses to unauthorized duplication. They
    claim for every "legal" copy sold, three or four illegal copies are
    eventually distributed. When asked for proof, they do not give it.
    Their only evidence is their "private" research (which they will not
    submit to third party verification).

    While no industry expert denies the existence of unauthorized
    duplication, experts differ on whether this duplication actually
    deprives a company of profits or sales. Take the following two
    examples:
    * A 13-year old child possesses unauthorized CP/M versions of dBase
    II and Wordstar configured for the Apple II computer. He neither owns
    a CP/M card nor a printer. To him, the software is like baseball
    cards, the more he "owns" the better; and
    * The business person who wants to try out a $800 program to make
    sure it will (1) fulfill his needs, or (2) work adequately with his
    hardware (perhaps there is a printer conflict). If the software does
    not work, the floppy diskette containing it goes back into a pile. If
    does work, a legitimate copy is purchased so the user can get support.

    Whatever the real extent of the problem, companies are searching
    for a solution. Many have adopted a "tear open" license agreement as
    their way of handling the problem.

    A typical tear open license agreement (also called "shrink wrap"
    or "box top") is a one page form attached to the outside of mass
    marketed software. On the form is a statement that says "OPENING THIS
    PACKAGE INDICATES YOUR ACCEPTANCE OF THE AGREEMENT AND THAT YOU AGREE
    TO ABIDE BY ALL THE TERMS AND CONDITIONS SET FORTH." Following the
    statement are a set of rules and prohibition which "control" use of
    the software. Typical provisions include the following:
    1. Warranty disclaimer: The software is sold "AS IS." The
    manufacturer totally disclaims any express or implied warranties. If
    the software does not work as expected (or at all) that is the buyer's
    problem and not the manufacturers;
    2 Prohibition against disassembley: The program cannot be
    disassembled or patched for any reason; and
    3. Prohibition against resale: Under no circumstance can the
    original purchaser transfer his ownership interest in the program,
    whether it be by sale, lease, rental, or even by gift. If the
    purchaser has no further need for the program, it must be destroyed or
    returned to the manufacturer.

    The software manufacturers claim that by opening the package the
    user has agreed to abide by any term found on it. Not surprisingly,
    users claim the forms are not worth the paper they are printed on.
    Whether or not these agreements are binding is open to question.
    There are no cases, at either state or federal level, to interpret
    them.

    The Problem With Tear Open Agreements

    The enforceability of tear open agreements begins with the
    proposition that (1) they are binding contracts and (2) the developer
    has retained title to each individual copy of the program. The fact
    that a developer has claimed they are binding contracts or he has
    retained title is unimportant. A court would look at what really
    occurred as opposed to what one party calls the transaction.

    Are They Binding Contracts? If the license agreement is to be
    binding, the manufacturer must be able to prove that both parties
    considered it to be part of the contract before the sales transaction
    was completed. If the agreement was not known until after the sale
    was completed (e.g. the seller got paid and the buyer got the
    software), then it is void. Under general principal of contract law,
    no party can unilaterally add additional terms to a contract after it
    has been accepted.

    In a normal retail sales situation, the manufacturer can argue
    that the buyer knew or should have known of the license agreement
    prior to sale and thus should be bound by it. The trouble with
    assumption is that a buyer would claim (1) he had no knowledge of it
    and that the vendor did not mention it or (2) that the vendor did
    mention it but the buyer told the vendor that he did not consider it
    binding. (How many retail sellers would refuse to take the buyer's
    money in such a circumstance?)

    In mail order sale, the license agreement is almost never
    mentioned. The first time the buyer finds out about it is after the
    goods have been received. In such cases, the agreement is not worth
    the paper it is printed on.

    A court would also be bothered by the fact that a tear open
    agreement is a contract of adhesion. That is, it is offered to the
    buyer on a "take it or leave it" basis. The buyer cannot bargain
    about the terms contained in it. The law does not favor adhesion
    contracts and they are automatically suspect.

    Finally manufacturers must realize that no court will ever
    enforce a contract where the buyer pays for software and the
    manufacturer, through a tear open contract, does not promise to
    deliver anything.

    Are They Licenses? There are a number of factors to determine
    whether a license (with retained ownership) or a sale of a copy is
    involved:

    1. Is the license for a limited period?
    2. Does the license have to be signed before the software is made
    available?
    3. Is more than one payment made to the "licensor?"
    4. Does the "licensee" have any obligation to return its copy of the
    software to the "licensor" if he has no further use of it (i.e. can he
    throw it in the trash without liability)?
    5. Does the "licensor" have any duties to the "licensee" to make sure
    the software even works?

    An answer of no to each question would indicate that the parties
    really intended the transaction to be an outright sale. This is
    clearly seen if you examine the license agreements for minicomputer
    and mainframe computer software. These agreements are typically (1)
    for a definite period of time, (2) the license agreement must be
    signed by all parties prior to delivery of the software, (3) in many
    instances the licensee has to pay a yearly royalty/service fee, (4)
    the licensor agrees to upkeep and modify the program as necessary, and
    (5) the licensee has a duty to return the software after a specified
    period.

    Other Problems With Tear Open Agreement: Even assuming a court
    would find a tear open agreement to be a binding contract or a true
    license agreement, there are many other problems that must be
    resolved.

    Tear open agreements may violate four provisions of Article Two
    of the Uniform Commercial Code (the U.C.C.) Article Two codifies the
    law of sales and it is the law in every American jurisdiction except
    Louisiana.

    U.C.C. |2-312 gives a dealer the power to transfer all rights,
    including title, to the buyer unless the dealer gives the buyer actual
    notice of the limitation. There is nothing to prevent software
    manufacturers from contractually requiring its dealers to give this
    written notice on their sales forms.

    U.C.C. |2-513 gives the buyer the unqualified right, except in
    C.O.D. sales, to inspect the goods at any reasonable time and place
    before accepting them. The buyer can take the sealed package home,
    remove the shrink wrap and test the software to make sure it fulfills
    its advertised claims, etc. Given the fact that many software
    packages require a minimum of 30-40 hours training to utilize, the
    fact that a demonstration package was available or that the buyer
    could try the software out a a local store (how many stores would
    allow any user to tie up a machine for 35 hours to test one package)
    is irrelevant. The buyer has a reasonable time to inspect the goods
    and either accept or reject them.

    Under U.C.C. |2-201 if the price exceeds $500, the party being
    bound by a contract has to sign a writing relating to the contract.
    Thus, the buyer pays $501 for a software package and did not sign the
    restrictive agreement, then the terms of the agreement do not bind
    him.

    Many license agreements disclaim all warranties (i.e. the
    software is sold "as is" and the manufacturer guarantees nothing).
    Under U.C.C. |2-316 this is permissible, except whenever an express
    warranty disagrees with a disclaimer, the warranty will prevail. The
    law says express warranties are created by instruction manuals,
    training guides, use of demonstration models, advertising and the
    like. Thus any disclaimer of an express warranty is voidable.

    Tear open agreement may also violate various federal and state
    consumer protection statutes. It is arguable that the manufacturers
    have committed fraud against the buying public in that they encourage
    the public to buy their products yet do not advertise their license
    restrictions. It is a deceptive trade practice under the Federal
    Trade Commission Act (a federal law) to let a transaction look like a
    sale when it is not. Many states have similar legislation.

    Courts would also be bothered by the fact that the consumer bears
    the entire risk of loss. In a U.S. Supreme Court case dealing with
    price fixing, the Court said that risk of loss after transfer of
    possession weigh heavily in determining whether or not a sale has
    taken place. If the buyer bears the entire risk of loss, it strongly
    indicates a sale, and not a license took place.

    Can a sale later become a license? The license says that
    "opening the package" or "using the software" indicates acceptance of
    the license terms. Does that mean the buyer did not accept them at
    the point of purchase? If so what did he buy? If he did buy it, does
    he lose or forfeit some property right upon opening the package. If
    so, the manufacturers should realize that the law does not like
    forfeitures of any type.

    There may be an admission against interest in requiring the buyer
    to sign a card acknowledging the validity of the license agreement.
    Under the law, a party cannot have contradictory claims. If the
    agreement is really self executing, why require the buyer to sign a
    card acknowledging its validity unless the manufacturer has its own
    doubts about its self execution?

    There may be another admission against interest in that many
    manufacturers, for income tax purpose, treat the transaction between
    themselves and their dealers as sales and not licenses. Similarly, a
    court would inquire into whether or not the manufacturer took returns
    from its dealers. If it did not, then it indicates a sale took place.

    In the same genre, manufacturers fail to control their dealers.
    If they really wanted to create binding licenses they could
    contractually require their dealers to have the license agreement
    signed before delivery of the software. They do not do this. (Too
    much trouble they claim.) Instead they exercise almost no control
    over dealer's selling practices. Most dealers treat software the same
    way they treat hardware. The dealer uses sales forms, invoices and
    receipts that imply a sale took place.

  74. Microsoft Logs your system usage by FreeUser · · Score: 2

    Microsoft's Big Brother features in XP and beyond log your system usage for just such an occasion.

    However, you have to say "I didn't click agree.". You can't say "I clicked it but it shouldn't stand because it was not a signature." The burden of proof is indeed on them to show that you agreed to it.

    Then Micro$oft trots out the logs on your system, where they've been tracking every movie you watch and every song you play (I'm not going to bother to link to the previous /. story pointing this out ... use the search feature if you really want to look it up), and presents the fact that you watched The Matrix DVD 5 days after installing the patch as proof that you "agreed" to the change in EULA terms.

    Which of course, is akin to someone agreeing to sell the first born, with a gun to their head.

    Of course, you could simply dump Windows and run GNU/Linux, and accept whatever tradeoffs that requires because at least then you would be a free person not subject to nonsense like this at all, and not required to live in fear of the Long Arm of Microsoft, the BSA, or Hollywood.

    --
    The Future of Human Evolution: Autonomy
  75. The long run, if MS keeps going this way by Anonymous+Brave+Guy · · Score: 2
    Microsoft screwed up their product, and has thereby incurred an obligation to fix it.

    Sadly, at least from a legal perspective, that's not currently true.

    There was an interesting discussion on /. recently about the nature of software engineering, whether professionals could/should have to certify that software meets certain basic standards and -- accept liability to match -- and so forth. This is exactly the sort of behaviour that would be unacceptable in such an environment. (NB: The issue here is not with MS wanting to impose draconian licensing terms, it's with the fact that they're effectively forcing you to adopt them because something you already paid for doesn't work acceptably. It's the latter that would get picked up with the liability proposals, so you always have the choice of not using the new software without prejudice, and hence not accepting the new terms if you don't like them.)

    However, for now, we have to rely on the market economy to do this for us. If MS carry on as they are -- producing more and more seriously flawed software and/or imposing more and more draconian limitations on those who pay for it -- then their business will simply evaporate. They have a near monopoly today, but there are perfectly credible alternatives for the vast majority of people.

    It is quite plausible that the whole industry could switch to using Macs, UNIX/Linux or some alternative option in a matter of 5 years. You can get word processors, accounting software, internet apps and any other mainstream applications you like on all of these platforms. In many cases, they are at least as functional complete as the Windows-based equivalents, and many lack the reliability and/or security flaws that dog mainstream Windows apps. MS' big commercial advantage at present is purely down to the fact that "everyone has it" and going with the vast majority is a no-brainer for corporate ITheads.

    If you think this is far-fetched, consider the history of web browsers, Intel/AMD chips, word processing packages, and so on. In all cases, there have been near-100% penetration products that have lost catastrophic market share to favour of an alternative that was markedly superior in some way. If the momentum starts failing for Microsoft -- and there is a distinct danger of that at present, as they well know -- then the market could shift in a couple of corporate upgrade cycles (the first one for those who are really pissed off, the second one because there would no longer be the "everyone else uses MS so we use MS" factor).

    Keep the faith. The IT world is dumb, but it isn't that dumb.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  76. MNGs do. by dmaxwell · · Score: 2

    MNG is a "sister" format to PNG does does indeed support multiple images and "animated" images. MNG is well supported by the free Unices; I'm not sure about Windows and Mac.

  77. Arrrrghhh! by dmaxwell · · Score: 2

    This is what gPhoto and SANE are for. I am feeling better and better about the Microsoft habit I kicked. Those assholes in Redmond are definitely outgrowing their britches and need a spanking.

  78. MNG is the answer. by Inoshiro · · Score: 2

    "MNG (pronounced ``ming''), is short for Multiple-image Network Graphics, as one might gather from the title of this page. Designed with the same modular philosophy as PNG and by many of the same people, MNG is intended to provide a home for all of the multi-image capabilities that have no place in PNG. "

    Care to read more?

    --
    --
    Internet Explorer (n): Another bug -- that is, a feature that can't be turned off -- in Windows.
  79. Bigger than WinAmp by Erris · · Score: 2
    You know, my Soyo motherboard already thinks that lilo is a boot sector virus. I can turn off the scan in the bios for now.

    If I were dumb enough to put any kind of M$ crap on that system, I might not be able to turn off that particular "security" feature. It's also possible that M$'s auto installed software can make the same mistake and proactivly relieve me of lilo.

    I don't really care about listening to music on my PC. I know, I know, it's the best thing since a snake sweet talked Eve, whatever, my CDs are hoplessly difficult to use on set top boxes, blah blah blah. I use my computers for, gasp, calculations, email, browsing, picture manipulation, ftp serving and other little things. Free software has proved itself far far superior to comercial junk. I've only got one M$ box for talking to cameras and scanners. I'm not changing out WMP if I can help it. The first toy I buy that breaks my other software, so that I really can't use any of my other devices on that machine, is a new toy that gets taken back to the store with a loud demand that I have my money back and someone else rebuilds the box.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
  80. What If This EULA Applied to Hardware? by reallocate · · Score: 2, Interesting
    My first reaction: My hardware belongs to me, and I don't want anyone putting code on my hard drive except me.

    My second reaction: Oh, well. I don't run Windows, so no problem.

    My third reaction: What if this kind of EULA migrates to hardware? What if the next box, or drive, you buy is only "licensed" to you, and the act of purchasing that license gives MS, or the government, to add or delete code from your machine at as they see fit?

    --
    -- Slashdot: When Public Access TV Says "No"
  81. dude, that's what I said. by twitter · · Score: 2
    its far more likely that the TWAIN drivers you installed for your Epson camera corrupted the TWAIN drivers for your Cannon.

    The camera software screwed up the scanner software. I did try to reinstall the scanner software, but it just broke the camera software without repairing the scanner functionality. It seems obvious that the camera changed out all sorts of dlls and what not that only marginally had anything to do with the camera itself. The scanner software, being much older, was more honest and assumed that M$ softare would be at the other side of API calls.

    In any case, the result is the same. I lost functionality, and picture formats were drastically changed. Bit maps produced by the crappy M$ imaging program don't even work with Pain Brush. Go figure, they broke bitmaps. Did the camera software change out the imaging program itself, hmmm I can check.

    --quick ssh into wife's computer --

    find imaging is kodakimg.exe from may 11 1998.

    This is useless info. There is no telling what dlls are called without much more work. The twain dlls are all from 1997, but of course there are a couple from 2000 and 2001, and the Program Files for my devices have their own way of doing things. Like I said, the method is not as important as the result and the demonstration of that result.

    --

    Friends don't help friends install M$ junk.

  82. Re:MNG and browser support by dvdeug · · Score: 2

    MNG, an extension to PNG, supports all of the above

    But not PNG. TIFF was designed as the ultimate all-purpose image format, and does that job well. PNG was designed as the ultimate web image format, and does that job well. Adding stuff to PNG until it can do everything doesn't sound like a good idea to me.

  83. Re:The answer to everything. by matrix29 · · Score: 2

    What could be a better gig than to infiltrate the government and then start shaving those pennies off the taxdollars. How much money do think is unaccounted for for the last year in the Federal Government? A million? Hundred million? Billion? How about around 100 billion. I'm just guessing about the mob thing, but what if it were true? Would you want the mob rewriting the constitution so it wouldn't get in their way? Would you? Does it have to be the stereotypical mob that you see on television? Does it even have to be the proper mob, or even have connections with the historical mob, if they are acting in the same ways? Do you realize that all the members of the significant corporate boards sit on each others tables? It's like a big family I guess. Enron, Global Crossing, Worldcom, etc. This is organized crime. And they've got the ear of lawmakers. Maybe they are some of the lawmakers. How long will the United States be able to maintain this level of corruption before things start to unravel? Well, since the Bush Fraud Mass-Murdering Criminal Family has taken over once again this has happened. Where is the 2.3 Trillion Dollars? By Max Emfinger
    Date: May 12, 2002
    http://maxemfingerrecruiting.theinsiders.com/2/475 71.html?noredir=1 Congresswoman McKinney has asked that we investigate whether the reports by numerous mainstream press that we had been warned are true and why they failed to help protect us. She has also asked why there is $2.3 trillion missing at the Pentagon as confirmed by Secretary Rumsfeld in Congressional Testimony before the Armed Services Committee of which Congresswoman McKinney is a member.
    http://civic.net/civic-values.archive/200204/msg00 010.html A General Accounting Office report in April said hundreds of billions of dollars in the $1.2 trillion of Property, Plant and Equipment across the federal government were not adequately supported by financial and/or logistical records. The report also found that DoD has $5.2 billion in missing inventory. The Pentagon claims that Selected Acquisition Reports can be used to determine individual weapons costs, but Taxpayers For Common Sense said that the acquisition reports are not auditable and other records that might yield total weapons costs are completely inaccurate. http://www.infowar.com/mil_c4i/mil_c4i_060898a_j.h tml-ssi Of course, we can blame the accountants (Lockheed Martin), but that wouldn't be fair to all of the other thieves. The Bush Fraud Mass-Murdering Criminal Family has stolen TRILLIONS and America is suffering the result. If you add in the Soviet/Asian oil fields, the CIA attack on the World Trade Centers to allow the Afghan Oil Pipeline, and China getting free manufacturing tech from greedy and stupid American execs like Black & Decker and Tyco then what happens if China closed its trade with us and grabbed the untapped oil fields for themselves? Thank Wal-Mart folks. That is the gateway for China's power-leverage against America. www.almartinraw.com pretty much has everything you'd need to know about the Bush Fraud Mass-Murdering Criminal Family and then some.

    --
    "Face it, a nation that maintains a 72% approval rating on George W. Bush is a nation with a very loose grip on reality.
  84. A few notes regarding what this lawyer has to say. by Vulture_ · · Score: 2, Informative
    #include

    Current-day practice is not to have a "tear-open" agreement, but, instead, the agreement is presented when the user attempts to install the software. The user had no knowledge of the agreement's existence, let alone its terms, when the user paid for the software. By this lawyer's logic, that makes the agreement null and void.

    Click-wrap licenses usually tell the reader to return the software to its place of purchase for a full refund, if the user refuses to be bound by it. Unfortunately, the place of purchase will generally not take it back or refund the user, as an understandable matter of policy (they have no way of knowing if you copied the distribution media prior to returning the software). However, this effectively means that the user is forced to either accept the terms of the agreement, or not use the software and let it rot, since they can't get it refunded.

    Often, click-wrap licenses state that opening the package constitutes acceptance. However, you didn't even see the license until you attempted to install the software (which obviously happens after opening the package).

    --

    The only way the typical /.er can pick up a chick is with a forklift. -- AC

  85. Why I no longer work in technology by marxmarv · · Score: 3, Insightful
    As a janitor, I refuse to work at a company where employees are allowed to eat in their offices.
    Not quite an accurate analogy. As a clean room scrubber, I refuse to work at a company where employees are permitted to eat in the clean room. Or as a plumbing technician, I refuse to work at a company where employees are encouraged to flush everything down the loo and don't know better than to pee all over the floor. I simply refuse to work in places where people are permitted or, worse, encouraged to wallow in their own idiocy and create train wrecks on a daily basis and compel someone else to mop it up for them without the least bit of respect or deference.

    In many situations, system administrators are responsible for system uptime and often given zero authority to enforce, create or even suggest policies which get in the way of whiny developers, regardless of the resultant increase in code quality[1]. Talented software engineers are a lot harder to find than talented system administrators because hiring managers perversely ignore most of the people who can do the job right, merely because said applicants are over 35. Most companies would rather try to replace a sysadmin than a software engineer because the chief job of the system administrator in a small-to-midsize organization is to hide and absorb institutional incompetence.

    Then again, any software engineer who would demand root on a production system is probably insufficiently skilled to understand basic computing concepts like "separation of privilege" (as seen very recently in OpenSSH), "compartmentalization", "principle of least surprise", and so forth. Far from being engineers in any sense of the term, they're at best "code jockeys" and ought to be physically beaten on a daily basis with classic computer science texts. 90% of them are nothing more than whiners with degrees, and the other 10% design software for the users -- all of them including the poor sot who has to restart that crashy server at 2am every second or third morning.

    So, if you can afford to turn down jobs because the software engineers have root access, then hooray for you. But you don't want to get in a pissing contest like that at most companies because the developers will usually win.
    I left the technology industry about a year ago, and until more of the antipatterns shake out I don't plan on returning. Unfortunately, the corporate circle jerk has much invested in maintaining these antipatterns so I don't expect the situation will get better soon. As much antipathy as I have for people, professional body piercing sounds like a far preferable career with less bullshit and higher hourly pay. For that matter, so would pizza delivery or auto parts order desk.

    -jhp

    --
    /. -- the Free Republic of technology.
    1. Re:Why I no longer work in technology by fmaxwell · · Score: 2
      all of them including the poor sot who has to restart that crashy server at 2am every second or third morning.

      At some point, you have twisted this around to software engineers causing servers to crash. The original post was about software engineers having root access on their own PCs on which they do development:

      As a software developer, I refuse to work at a company that doesn't give me the right to run my machine the way I see fit.


      And that is the context of my response. At some point, you introduced the term "production machine" and I did not catch that you were apparently talking about something other than the developer's PC. If a software engineer, through installing apps on the development PC in his office, causes your server to crash, then I think both of you need a good solid beating for being bad at your jobs.

      Talented software engineers are a lot harder to find than talented system administrators because hiring managers perversely ignore most of the people who can do the job right, merely because said applicants are over 35.

      I'm 41 and that's probably about not much above the average age of developers at the firm where I am consulting. I can find plenty of work. It all depends on what the engineer is looking for. The aerospace industry, for instance, is more interested in experience than cheap labor, so they tend to hire older software engineers. If you were launching a multi-million dollar satellite or piloting a fly-by-wire aircraft, would you want the software that controlled it to have been developed by a team that averaged 20 years of experience or by a bunch of 20-somethings? Youth, energy, and enthusiasm are great, but they are no substitute for experience.

      And before anyone starts a tirade, I realize that there are some younger software engineers who are quite talented. Just as there are very skilled surgeons that just graduated medical school. But I'd rather trust my surgery to the guy who's done 80 of them than be the second one a young surgeon has done.
  86. Re:What notification is by Dimensio · · Score: 2

    There comes a problem when using the new auto-update feature. It will automatically download and install updates with few or no prompts at all. When I updated Media Player, I didn't have to go to any websites nor did I have to click on any agreements. As such, my EULA was changed without any notice.

  87. Use GDIVX and Tiny Personal Firewall 3 by Hyperhaplo · · Score: 5, Informative
    People:
    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 this WONDERFUL new addition: It tracks and protects your Windows (TM) from nasty software running.


    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.

    --
    You have a sick, twisted mind. Please subscribe me to your newsletter.
    1. Re:Use GDIVX and Tiny Personal Firewall 3 by imr · · Score: 3, Insightful

      it seems to me that this news is about the right this eula gives them to actually disable those programs because they do the kind of services you describe.
      Fishy, isn't it?
      Can you still talk about a free market if those kind of eulas are legal?

    2. Re:Use GDIVX and Tiny Personal Firewall 3 by hyphz · · Score: 2

      DIVXITY? If you look at the site, it uses MS VB runtimes and DirectX media. MS can stick DRM in those anytime. Heck, it's probably just the same as Media Player but with a different interface.

    3. Re:Use GDIVX and Tiny Personal Firewall 3 by hyphz · · Score: 2

      With regard to TPF3, anyone know if there's a program yet which creates REAL traps for these things? As in, it'll occasionally change one of your MP3s to appear to be copied, or create a 'Warez' directory on your machine with stuff in it, or return false results from file system calls or similar. Of course, it doesn't do anything illegal. All it does is make the DRM reporting throw false positives.

      This makes any spy functions useless, as the results will be riddled with false positives. And it doesn't violate the DMCA, because it doesn't disable the DRM, in fact it deliberately activates it.

  88. Al's Fine Motors! by Lord+Bitman · · Score: 2, Funny

    "Hello there, I'd like to purchase a new Vehical."
    "Here ya' go. It comes free with this Two-Hundred Dollar Motor."
    "Wow! That's a great deal"
    "Sure is!"

    [drives off]

    [-one day later-]
    "This car, actually, it has no brakes. I didnt realize it before because I'm a shitty driver."
    "That's okay, I'll fix it for free."
    "Oh, well yeah, I think you're legally obligated to."
    "Yep."
    "Thanks."
    "But that car? I own it now, K?"
    "..."

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  89. Anyone want to make a bet.. by Eric+Damron · · Score: 2

    on how long it takes someone to reverse engineer media player's automatic update feature. Oh my won't we be seeing some very interesting viri then!

    --
    The race isn't always to the swift... but that's the way to bet!
  90. Aluminium by leonbrooks · · Score: 3, Interesting
    Gold only has value because people agree that it does. If opinion shifts, then value disappears. This is as true for gold or diamonds as it is for dollars or pesos.

    Agree. Aluminium `the eternal metal' was once rare and precious.
    --
    Got time? Spend some of it coding or testing
  91. There are 2 for me.. by Archfeld · · Score: 2

    they are called excel and directX. Work requires these heinously complex excell workbooks that every other office suite I've ever used has failed to render correctly. That is probably M$'s fault and not the other office suite but I have no choice in that matter. The directX part is because I like to game, I like to play new games, not wait for a port to be coded. I like to play online games when they are still popular. While Linux is begginning to see some games it may be a while before Grand Theft Auto 3 runs, or say Soldier of Fortune 2. I'd LOVE to be able to do away with M$ is lieu of Linux, but it has got to fill all my needs first of all.

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
    1. Re:There are 2 for me.. by Archfeld · · Score: 2

      and you are a perfect spokesperson for the Prophylactic industry. If YOU want people to leave M$ products then contribute, or you can just hide behind an AC tag and continue to show your best side..ASSHAT.

      oh and by the way I wanna slap your lazy trash ho mother for failing to think of the rest of the world and allowing you out in public with you lips not sewn shut :)

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
  92. Re:Two questions by birder · · Score: 2

    Yes you can. You have about 1 sec before it gets copied back. Or from a DOS prompt, move the mplayer2.exe to wmplayer.exe.

    What I did was copy the wmplayer.exe name to the clipboard, delete wmplayer.exe and quickly renamed mplayer.exe

    XP will then be helpfull and restore mplayer2.exe for you. It only looks at the file name not the size or anything else.

  93. how can any government or corporation use MS by oogoody · · Score: 2, Interesting

    When it will become or already is one big
    backdoor for the NSA and CIA and music industry?

  94. Re:a way aroun eula's by Melantha_Bacchae · · Score: 2, Insightful

    zoloto wrote:

    > You've neither agreed to the EULA, and you're
    > protecting your system by patching it.

    Unfortunately, while your method may keep one from agreeing to the EULA, it hasn't disabled any of Microsoft's software that carries out the problematic actions the EULA warns about.

    The only thing your method does is enabling a person to use the software without agreeing to its license. Congrats, you just found a new way to invoke the wrath of the BSA!

    "At this moment, it has control of systems all over the world.
    And...we can't do a damn thing to stop it."
    Miasaka, "Godzilla 2000 Millenium" (Japanese version)
    Don't worry, Godzilla stopped it! ;)

  95. I give this troll a 7 out of 10 by DaveWood · · Score: 3, Funny

    As troll's go, you have good style, my friend. Feels like shades of Huxley and Orwell... What have you been reading lately? But I digress.

    I give you only a seven because, while creative, your position is too blatant; anyone with even a made-for-TV level of familiarity on the last few decades, ehh, months of this country's history, will know whose kool-aid you're drinking.

    Anyway, I hearby bestow the coveted Richard M. Nixon Good Citizen's Award for trying.

    Happy hysteria,
    -Dave

  96. Well, my moron friend... by DaveWood · · Score: 2

    Have you looked at what software companies have set up offices in those two states lately?

    Once again, IANAL, but it seems plausible to me that if the company that makes the software decides that their case against you should be tried in their "home state" of MD or VA, it really matters whether your own state has adopted UCITA or not.

    -Dave

  97. Quite right by DaveWood · · Score: 2

    I gracriously concede the point. FYI, UCITA was orchestrated through the NCCUSL.
    They're marketing it to all the states. A number of others are considering it - the big selling points seems to be "attracting software industry to your state."

    Well, their lawyers at least.

    -Dave

  98. Re:Wow! What a great idea! by Rakarra · · Score: 2
    The RIAA has thought about it. They just don't care.

  99. Re:Missing the Point by hyphz · · Score: 2

    > That's not going to stop the software from
    > disabling other software on your machine,
    > interfering with its operation in a supposed
    > attempt to ensure "Digital Rights" are
    > observed, or installing other components into
    > your OS automatically, without asking you for
    > permission.

    Actually, the company would be committing theft of services (processor time and hard disk space) without some license that was at least implicit.

  100. Re:Popularity, and how it affects Microsoft... by hyphz · · Score: 2

    > In my mind it seems like if microsoft took a
    > stance where they wanted to protect the
    > customer from big business insted of subject a
    > user to it, the popularity of Microsoft would
    > jump enormously.

    The point you're missing is, MS no longer has to give a damn about being unpopular with customers. MS execs aren't exactly crying rivers over the fact that people are "indifferent" about Microsoft; most of those same people are probably booting up Windows and Office because from their point of view there is no other choice. Yea, there are other OSs, but what those people are interested in is functionality and content and MS can fight tooth and nail to ensure that they are the only way of delivering that.

    About the only thing that could be done legally to prevent them at this point would be to drop the bomb on the applications barrier by creating a law regarding Aiding And Abetting Antitrust.

  101. New Scientist article by scubacuda · · Score: 2

    here.

  102. Re:please step away from the irrationality by sjames · · Score: 2

    (changing at any time, etc) lets not turn this into a flaming bucket of 'EVIL corporations.' If we regulated the snot out of corporations to the point they were in essence state companies this would still happen.

    I do not call for regulation. I call for judicial recognition that a so called 'contract' that restricts one party while giving the other carte blanch is no contract at all.

    Further, I call on the FTC and DOJ to recognize that making a transaction look like a sale and then revealing only after the fact that it is a license agreement only is fundamentally fraudulant.

    As for EVIL corporations, I fail to see how the deplorable condition of the judicial system in the U.S. alleviates them of any responsability for unethical (but legal) behaviour.

    From your example, the fact that you would crack the necks of the gang members indicates that you yourself do not believe that legal protection equates to ethical behaviour.

    In summary, I want legal reform as a solution to the problem, and still consider the corporations who take advantage of the sorry state of current affairs to be deeply unethical.