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."

Comments

FUD, FUD, and more FUD

[Blkdeath]

Sorry, guys, but this one's bunk.

1.) "The Product may not be used by more than two (2) processors at any one time on any single Workstation Computer."

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.

2.) "You may permit a maximum of ten (10) computers or other electronic devices (each a "Device") to connect to the Workstation Computer to utilize the services of the Product solely for File and Print services, Internet Information Services, and remote access (including connection sharing and telephony services). The ten connection maximum includes any indirect connections made through "multiplexing" or other software or hardware which pools or aggregates connections."

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.

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."

"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.

4.) "Microsoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Product."

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.

Last time I checked

[harrylackapants]

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*

Re:Not all devious

[dago]

You can buy a car and own it afterward.

However, you can only buy a software license and own this license. Then, you can do whatever you want whith the license (eat it, stick it on the wall,...). The software, you can only use if you respect the term of the license.

If the license stated that you can only use the program dressed in black and you run the program dressed in black and white, than you just violate the license and the copyright law.

Yep.

Really.