Windows XP EULA Discrepancies
Greg Edmiston writes "I came across some interesting ambiguities upon reviewing the Windows XP EULA which turn common scenarios into potential EULA violations. Among the potential violations include VNC, dual-processor workstations with graphics cards, and running Gnutella. Just some food for thought."
It looks like VNC does violate the license. That's actually sensible since without that requirement you could use a high end windows desktop + VNC to run support apps for a dozen users. Windows does support virtual terminals so assuming the users didn't stomp on each other....
I'm thinking about a situation I heard about years ago. "By breaking this seal you agree to all liscences contained within."
Shouldn't one be allowed to at least read a license before agreeing to it?
Oh, yeah we already knew Microsoft is not a nice company, most of us don't use them any more...
-Code
---PRESS ANY KEY TO CONTINUE---
"Now, where's the damn 'any' key?"
Interesting as this may be they only point that seemed most interesting was about VNC.
I've been ok with how win2k performs and I see no real reason to upgrade to winxp. I am actually working harder to move everything to linux and save windows for those machines I have to administer at work.
But, seriously, who gives a shit what's in any MS EULA? We all know there's going to be bullshit in any MS EULA, just as we all knew they were going to try and patent their .NET stuff, just as we all knew they'd worm their way out of real antitrust punishments. I hate to sound pessimistic here, but c'mon, does the real world ever show up around here? Ignore EULAs (MS or not) and get on with your day.
Yes, this'll hurt my karma, but I've got plenty to spare and this is actually therapeutic.
1.) "The Product may not be used by more than two (2) processors at any one time on any single Workstation Computer."
It seems that Microsoft wrote this with dual-CPU workstations in mind. However, what qualifies as a processor? My graphics card has an on-board GPU which is as good as any.
Well, I don't think this is an issue - the "product" is WinXP. Now, you're graphics card is not executing any WinXP code - WinXP is sending it dynamically-generated drawing instructions. To claim that WinXP is "being used" by the GPU doesn't seem to describe the situation. A more accurate description would be "WinXP is CONTROLLING the GPU".
If I'm wrong, we're all going to piracy hell, because there a processors in our sound cards, network adapters, hard-drives and cd-roms, ... you get the idea.
I'm sure they only mean processors that are capable of executing/running WinXP, which certainly ONLY covers your AMD/Intel CPU.
I agree that the term "processors" IS ambiguous, but when it's coupled with the "may not be used by more than" phrase, I think it's quite clear that they're talking about PCs with more than 2 CPUs.
But the other issues are rather worrisome. Especially #2 - "The ten connection maximum includes any indirect connections made through "multiplexing"...". How the Hell are you going to know if someone's running NAT on their machine and their entire LAN of 500 PCs is accessing your machine?!? This one IS BULLSHIT.
And since they mention IIS in their clause, doesn't it mean that as a web-server running IIS under WinXP - YOU CAN ONLY SERVE 10 PAGES SIMULTANEOUSLY.
BUT THIS IS GOOD - REALLY. We can get Microsoft to take themselves to court over this one - if microsoft.com is using IIS under WinXP (and if not, they're not sleeping in the bed they've made) wouldn't you agree that it's highly likely that they have served more than 10 pages at one time? If so, Microsoft has broken their own EULA and as a result I don't see how they could take anyone else to court over this issue. So it may well be a complete non-issue.
Still, EULAs need to be regulated so that you either can't lose all sorts of rights when you purchase software, OR the licenses is made available to you before your potential purchase.
God I hate Microsoft's legal dept...
This sig intentionally left bla... dammit!
Who's got the whiteout?
"File and Print services, Internet Information Services, and remote access (including connection sharing and telephony services)" That refers to the built in services that come with XP. By using XP Home, you are only allowed a limited number of simultaneous connections to your IIS, ICS, and print server. That's what you get for using XP Home.
They break many laws of our society...I'm not getting misty eyed over the eula. Kind of like a crack whore saying sex before marrige is a sin...
-- Insert wisdom here:
Microsoft could also argue that you may not use the product for anything other than for NetMeeting, Remote Assistance, and Remote Desktop, since using any devices attached directly or indirectly would cause code to be executed, which is expressly prohibited in this clause. This would make the PC fairly useless.
Sounds like Microsoft got a cut-price lawyer to create their licensing agreement.
Fast, cheap & reliable. Pick two.
I'm not running a dual processor system, but in addition to my Radeon 8500, I also have an processor on my Audigy. 3 Processors means I'm violating my license!
"You're never ready, just less unprepared."
"Don't hand out free copies."
After that it's my dough and my copy to do w/ as I please is it not?
No sig for you!!
oh yeah!
And the circumstances the author has in mind that is a breach of the license:
There is no issue here. The license refers to *incoming* connections from other devices to the workstation running XP Pro, not *outgoing* connections to other devices from the workstation, as the author describes.
Microsoft obviously want to discourage people from running servers from the XP Pro operating system (which is designed for workstation use) to encourage the purchase of more costlier Windows Server and Advanced Server operating systems.
2. Is there a "clearinghouse" site where we can post EULAs from various products (and the modifications to the EULAs, like when a Service Pack install changes the terms of your unsigned agreement)?
A quick Google search found nothing ("eula clearinghouse", "eula repository", "eula listing"...).
I feel fantastic, and I'm still alive.
It's good to know that Microsoft can hold AOL hostage any time they like:
Remember: umount it before you fsck it.
Ask Slashdot http://ask.slashdot.org/article.pl?sid=02/07/29/16 55222
EULA DB http://la.shano.org/index.html
Microsoft's NT-based products have always (to my reccolection) been licensed on a per-processor basis. That's part of the reason to justify Server -> Advanced Server -> Datacenter. They're referring to the system processor, otherwise known as a central processing unit, or CPU. The nonsense about graphics cards, GPUs, pixel shaders, etc. is bunk. As has already been pointed out, they are not running Windows, Windows is running them.
Not a discrepancy, per se, but a limitation imposed so that you may be forced to upgrade the license to a server-class if you're serving a large quantity of clients. The wording is relatively specific, actually, considering it's a Microsoft EULA. I can clearly understand that they are referring to a local network server situation.
"This is not a mainframe. Use your own computer." They don't want you to set up a dozen dumb terminals and use them to run a Windows XP desktop. In the cases of WinVNC / VNC Server, it generally takes over the active desktop, rather than replicating the desktop out for a separate session. In a nutshell, if you're at a keyboard and staring at a monitor and there's a Microsoft Windows XP interface displayed on same monitor, and you are the only one using this interface, you should pay for a license for Windows XP.
This one's almost too insulting to respond to. "Microsoft reserves the right to discontinue ... " - discontinue, people. Read. Learn. They are not preventing you from viewing aol.com, they are acknowledging that at some point, Windows Update might not exist any more. Example; Windows 95, and soon-to-be Windows 98. I bet if you looked, you'd find similar clauses in their EULAs. It's known as "CYA" - Cover Your Ass. They don't want to be tied to a web service for the next four decades because somebody read and agreed to an antique EULA.
This is not news. This is FUD, and not even intelligent FUD, at that. Please, Slashdot, don't fan the flames unless warranted.
BD Phone Home!
Shameless plug. Like you weren't expecting it.
Without explicit language referencing such follow-up action, your one liner certainly seems to allow me to make, sell for 1 cent and thereby distribute copies of the first copy.
My point is that the base logic in these things must, by default, address undesired actions specifically, not by inference. The issue is that they only serve to do two things: 1.) reassure honest users as to the wrong thing 2.) lay a case for the law in the event someone starts distributing copies for a living.
Anyone recall that guy that worked for MS, who took advantage of being able to order zero cost boxes of software, and them made a million reselling? Of course his stupidity got him caught, but the langauge in his contract (do not abuse, yadayadayada), is what allowed him to be cuffed and deloused. The language....that's all that matters when the time comes to knock down the front door. And if the language is too loose or otherwise open for interpretation, John Law won't be too anxious to kick a door....well, not usually.
EULAs usually are not worth the paper their printed on. Just BUY the software and the EULA does not apply. If you go to Microsoft and LICENSE software it will apply. Check it out here
3.) "Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described below, you may not use the Product to permit any Device to use, access, display or run other executable software residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product or Product's user interface, unless the Device has a separate license for the Product."
.exe files available for download since you are not allowed to "permit any Device to use, access, display or run other executable software"
.exe inorder to get your email.
I guess this means that running Apache, or FTP is only allowed if you ensure that there are not
I guess this also could rule out synchronising your Palm or Wince PDA - the little helper application will execute the Outlook
Bugger eh.
Steve.
Microsoft's EULA is a joke. Just listen to the operator giggling at you when you try recieve the refund clearly offered within the EULA if you do not agree to its terms.
This is of course refering to the long running (losing) battle against the "microsoft tax" for GNU laptop users.
In the end, the EULA will only be used as ammo against anyone that particularly ticks microsoft off, it doesn't mean a thing to the everyday user.
Aren't your keyboard, mouse and montior "devices". Don't you use the monitor to "display" the product's user interface. Doesn't the mouse "access" the user interface. Therefore, if you are using a typical desktop situation you will need at least 4 windows XP licenses (for mouse, keyboard, monitor, and CPU).
Make even shorter URLs - 8LN.org
the local laws have precedence on such issues (except maybe in some 3rd world country). So anything which is in a contract (EULA in this case) is considered to be null if that part is contradicted by some local law. That is why in many civilised countries there is a clause which says: If some parts of this contract are otherwise stated by the law, then these parts are automatically void, but the rest of the contract remains in place. The huge EULAs / contract with many complex clauses could be reduced to a halfpage contract if the void garbage would be taken out. But they are formulated this way just so the persons who have no clue about the laws might get scared. That is why I have my legal insurance which provides free consultans on any legal matter of mine. :) So they can take their EULA and stick it where the sun don't shine.
*rant* And since we are at EULAs, why the heck do Windows upgrades come with an EULA?!? The law require hidden bugs to be fixed for a product you buy. And AFAIK in most countries the law extends the warranty indefinitely when it comes to hidden bugs. Since when do I have to agree to anything so I can get their garbage of a product fixed?!? *rant end*
Supposedly, if you don't like MS's license, and haven't installed the software yet, you have the opportunity to return it. If you bought the software as an individual package, I believe you can send it back to Microsoft with a copy of your receipt and they'll refund your money.
Bundled, now that's a different story. They will not refund your money if you purchased it as part of a computer system. (They did, for one or two people, actually; then they decided it wouldn't be cost-effective for them to have to field all those returns.) In that case, if you disagree with the EULA, you have to return the entire system as a unit. Now, just TRY doing that without being charged a restocking fee. I dare you.
So what's this mean to a dual processor setup with hyperthreading? Looks like four processors to Windows...
Consider if you are running IIS, and are receiveing requests from a SOCKS proxy... there may be 100 users behind that proxy hitting your IIS box, but that's not something you have control of.
;) .
We have that in our company, with some SOCKS firewalls between division, and some sites running mid-level department servers on IIS. Especially when they post a new press relase or announcement, there could easily be dozens of desktops hitting a single IIS server at the same time from the other side of a SOCKS firewall.
Or it could be me with a couple of dozen java apps open I am debugging, that are hitting the server
But the other issues are rather worrisome. Especially #2 - "The ten connection maximum includes any indirect connections made through "multiplexing"...". How the Hell are you going to know if someone's running NAT on their machine and their entire LAN of 500 PCs is accessing your machine?!? This one IS BULLSHIT.
/. article Remotely Counting Machines Behind A NAT Box
This recent
shows how how it can be done (assuming a badly configured NAT).
Ian.
A physicist is an atom's way of thinking about atoms
maybe i would pay attention to the EULA that I clicked through if i paid for the software...
This deal criticizes Microsoft yet right below it is ad for MS Servers?? What's the deal here? If you're going to criticize don't compromize.