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Windows XP EULA Compared to GPL

cranos writes "The Sydney Morning Herald is running an article comparing the XP EULA to the GPL. Basically it's just reinforcing what we already knew but it could be a nice little piece to show your PHB next time."

49 of 420 comments (clear)

  1. It would be nice if they would simplify them by IWantMoreSpamPlease · · Score: 3, Funny

    to something like this:

    GPL: "Do what you want with it, but give credit where credit is due"

    MS: "You have no rights. All your base belong to us."

    --
    So rise up, all ye lost ones, as one, we'll claw the clouds.
    1. Re:It would be nice if they would simplify them by wfberg · · Score: 4, Informative

      GPL: "Do what you want with it, but give credit where credit is due"

      MS: "You have no rights. All your base belong to us."

      You're confusing GPL for the BSD license. The GPL is "1) Do what you want with it, 2) as long as derivative works are GPL as well (see 1)".
      --
      SCO employee? Check out the bounty
    2. Re:It would be nice if they would simplify them by jamincollins · · Score: 4, Informative
      Not quite. The GPL is "1) Do what you want with it, 2) as long as *released* derivative works are GPL as well."

      If you keep the derivative work in house, you don't have to GPL it.

  2. News for nerds? by watzinaneihm · · Score: 5, Funny

    "Voila! Apples are different from Oranges" said American Agricultural Research magazine today.

    --
    .ACMD setaloiv siht gnidaeR
    1. Re:News for nerds? by Stuart+Gibson · · Score: 3, Insightful

      I don't think the point of posting this to /. was to show that mainstream outlets are running pieces like this for consumption of the peons, indicating that free/oss is getting real coverage, not to show us that there are differences.

      Goblin

      --
      It's all fun and games until a 200' robot dinosaur shows up and trashes Neo-Tokyo... Again
    2. Re:News for nerds? by gerf · · Score: 3, Insightful

      Voila! Apples are different from Oranges" said American Agricultural Research magazine today


      What i really want to know is whether old 'apples' are still good. To be more specific, it would be nice for them to compare Win2k's Eula (with service packs), to that of XP. The only reason right now that i don't go with XP is that i can't change my hardware willy-nilly like i do quite often. I have legal copies of everything (campus-wide license), so i really don't like the fact that they can tell me what i can/cannot do with products, my hardware, which they have nothing to do with.

  3. mirror by oever · · Score: 5, Informative

    Here's a mirror of the pdf file.

    --
    DNA is the ultimate spaghetti code.
  4. Ugh, forget this idiot. by Anonymous Coward · · Score: 5, Informative

    Just do a little searching on Sam Varghese and see what an idiot this supposed journalist is. His articles are little more than the whining of an ill-informed, angst-ridden gadget-geek.

    His "article" on Mono, for instance.

  5. Forbidden Uses by Shadow2097 · · Score: 5, Interesting
    Ok, its one thing to have a EULA that tries to prevent piracy and the like. To be quite honest, I have no problems with MS or any other company using a EULA to try and enforce that.

    But why would a EULA make a user agree to not use a particular product as a webserver or fileserver?? Before I turned to Linux, I had an old computer running Windows 98 acting as a fileserver. If I wanted to do that with XP Pro I'd be in violation of the EULA?

    Technicaly, that means that anyone who enables file and printer sharing is violating the EULA! If MS is so against it, why do they build it into their products?!

    -Shadow

    1. Re:Forbidden Uses by Utopia · · Score: 3, Interesting

      If I wanted to do that with XP Pro I'd be in violation of the EULA

      XP home edition cannot be used as a webserver or fileserver.
      You can use XP Pro for your webserving/file serving needs.

      Home edition doesn't have IIS built into it. Only XP Pro does.
      The comparison was between the XP home edition EULA and GPL.

    2. Re:Forbidden Uses by spanky1 · · Score: 4, Insightful

      XP Pro has IIS, but it cannot be used as a "real" web server or file server. XP Pro is limited to 10 connections. Also, MS tells you to not use it in this role because they want people using Windows Server as much as possible.

    3. Re:Forbidden Uses by mpe · · Score: 4, Insightful

      Ok, its one thing to have a EULA that tries to prevent piracy and the like. To be quite honest, I have no problems with MS or any other company using a EULA to try and enforce that.

      An EULA is entirely redundent here. Since it would simply duplicate copyright law. You might just as well sticker every physical object you own with "you may not take this without permission"....

  6. "comparing"?!?! by Anonymous Coward · · Score: 5, Informative

    What will they compare next?

    How about Max OSX vs. a bicycle?

    Or perhaps a puppy vs. lear jet?

    The GPL is not an EULA - it's a distribution license. Maybe if the MS EULA dictated terms under which you can distribute WinXP, then you might be able to compare them.

    I just have to ask - what's the point?

    1. Re:"comparing"?!?! by Chris+Burke · · Score: 3, Insightful

      I've used many pieces of software which wouldn't allow me to use them without clicking "I Agree" to the GPL. How is that not an EULA?

      Because you're not violating anything if you get around having to click on that? Treating the GPL like an EULA doesn't make it an EULA. :)

      BTW, what apps were these?

      --

      The enemies of Democracy are
    2. Re:"comparing"?!?! by Frater+219 · · Score: 3, Informative
      BTW, what apps were these?

      Many GPL-covered applications packaged for Mac OS X put a copy of the GPL in the "license" slot in the standard OS X installer package. This causes it to be displayed in the same way that an EULA would be on a proprietary package. I imagine this is the same on Windows GPLed programs that use the standard installer.

      It doesn't really matter. As has been pointed out several times now, the GPL isn't an end-user license at all, and it isn't an agreement either. It's an assignment of permission to copy and make derivative works from a piece of copyrighted software -- a license, not a "license agreement".

      The GPL isn't even a contract (certainly not a "contract of adhesion" like MS EULAs), and it it expressly disclaims covering the act of running the covered program. It presumes that if you came by your copy of the program legally (as by buying it or being given it) you already have the right to run it on your property -- the only things you need permission from the author to do are those things normally restricted by copyright law.

  7. Conflates GPL and LGPL by p3d0 · · Score: 5, Insightful
    "Under Linux, many of the libraries are released as LGPL software, which allows non-Open Source software...to be compiled and linked to these programming libraries. This software then can remain as proprietary, non-Open Source software, even though it directly links to GPL software," the study pointed out, effectively killing the idea that the GPL has some kind of viral properties.
    Er, the LGPL is not the GPL. It's a different license. The GPL does have viral properties, and that's the whole point of it.
    --
    Patrick Doyle
    I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
  8. MS trying to make us violate their EULA? by unborracho · · Score: 5, Interesting
    • cannot be used as a webserver or fileserver
    I'll be the first to admit that I skipped over the EULA when I installed Windows XP, so I was very surprised when i read this. From what I can recall, this has been implemented in Windows since Windows 95.

    Yet network and internet filesharing is still built into Windows XP...
    --
    "You had this look that of an angel, it was such a bad disguise" --Dishwalla
    1. Re:MS trying to make us violate their EULA? by Utopia · · Score: 5, Informative

      You are not in voilation.

      They are comparing the XP Home edition EULA.
      The professional version which you are using doesn't have that clause.





    2. Re:MS trying to make us violate their EULA? by Selanit · · Score: 3, Informative
      Quoth the poster:
      They are comparing the XP Home edition EULA.
      The professional version which you are using doesn't have that clause.
      Incorrect. The MS EULA under analysis is that of Windows XP Professional Edition. And it does indeed have a clause limiting the number of machines that are allowed to share resources hosted on your computer. The relevant clause is:
      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.
      It is unclear (to me, at least) whether this means that you're only allowed ten concurrent network connections, or whether you can only have ten Devices physically connected to your computer (eg through a LAN, including 802.11b hookups which we'll file under "physical" for the sake of argument).

      I am going to assume based on the phrase "utilize the services of the Product" that the clause refers to network connections rather than the physical attachment of other devices to your computer. So, file-sharing and print-sharing and connection-sharing are okay, but only to ten other computers. It would be fairly easy to violate this term. Suppose you hold a LAN party and 14 of your friends come over. There's a recent patch for one of the games you plan to play, and you use a FileZilla FTP server to share it across the LAN so everybody can get it without mucking about with Network Neighborhood. Boom, you've violated the license.

      One of the other posters has suggested that the restriction only applies to the number of computers accessing yours at any given time -- so you could give access to thousands of different computers, so long as there were never more than ten connected at one moment. I don't have XP, so I couldn't say -- does Network Neighborhood have a built-in connection limit in WinXP? Anyway, that would only apply to Network Neighborhood. Using Apache or any of a whole slew of other server-type programs could invalidate your license pretty quick.

      Btw, I lifted that bit of license clause from the original report, not the summary that Slashdot has linked to. Another poster supplied a mirror of the PDF file. It's lengthy, but worth reading.
  9. All depends on what you need... by anthony_dipierro · · Score: 3, Interesting

    Some people lease cars. Others rent. Others buy. Each comes with a different cost, a different value, and a different set of restrictions. GPLed software is closer to leasing. Microsoft software is more like renting. Public domain is like buying.

  10. In summary... by sheldon · · Score: 4, Insightful

    GPL protects rights of users at expense of developers.

    XP EULA protects rights of developers at expense of users.

    1. Re:In summary... by listen · · Score: 5, Insightful

      More like:

      GPL protects the rights of users,
      grants external developers extra rights,
      copyright holder retains rights

      EULA restricts users rights,
      restricts external developers,
      grants extra rights to the copyright
      holder from the external users.

      *BSD* protects the rights of users,
      grants external developers even more
      extra rights than GPL
      copyright holder retains original rights

  11. There is an error in the article! by borgdows · · Score: 5, Informative

    WinXP EULA doesn't say...

    "cannot be used as a webserver or fileserver"

    but

    "shouldn't be ever used as a webserver or fileserver"

  12. Re:For the Click Lazy by jvervloet · · Score: 3, Informative

    The study itself seems to be unaccessable, but you can find a html version in Google's cache.

  13. Vaccine not virus- stop the FUD madness by abe+ferlman · · Score: 5, Insightful

    The GPL does have viral properties

    The GPL has vaccine-like properties. Virii have the connotation of being malicious. The GPL ensures that software, once freed, stays free. And like a vaccine, you can't get it accidentally- you have to deliberately ingest it (i.e., link it into your own code). A virus is something you might get whether you like it or not.

    Try linking to some Microsoft code and then check the licensing health of your application. What's that you say? You have to convince Microsoft to allow you this privelege, just like you would have to obtain permission from the author(s) of GPL'd software to make nonfree extensions?

    The vaccine metaphor is more apt- the GPL allows healthy usage of code and prevents non-free cancers, parasites and virii from growing on otherwise free (healthy) software projects. Proprietary licenses can be viewed as more of a tourniquet, cutting off all unapproved growths, for better or for worse.

    --
    microsoftword.mp3 - it doesn't care that they're not words...
  14. Re:puts paid? by ctid · · Score: 4, Informative

    In this context, it means "discredits".

    --
    Reality is defined by the maddest person in the room
  15. Re:Someone set you up the bomb by borgdows · · Score: 3, Funny

    with Patriot Act III, they won't knock, they'll have the right to *bomb* you immediately!

  16. One thing was forgotten.. by idles · · Score: 3, Funny

    .. That you never need to astalavista keygens for GPL software.

  17. Re:"comparing" (for a good reason) by gosand · · Score: 4, Insightful
    The GPL is not an EULA - it's a distribution license. Maybe if the MS EULA dictated terms under which you can distribute WinXP, then you might be able to compare them. I just have to ask - what's the point?

    I see your point, they are different. But there are ties. You need to know what you are getting into when you install software.

    The GPL says "do what you want - BUT if you decide to distribute it, you must follow these rules...."
    The MS EULA says "by installing this software, you agree to the following terms....".
    Yes, they are different, but MS has been FUDding the heck out of the GPL. So someone compared it to their EULA. (not very well, mind you, but whatever)

    You are right, they are different things. But people need to understand that they are different things, and WHY they are different. I think they should have a nutshell comparison of the two:

    GPL: "You own this software, do what you want with it. If you redistribute it in any way, follow the courteous rules defined in the license agreement."

    MSEULA: "We own your ass, and can change the terms of owning your ass whenever we want. We reserve the right to own your ass in the future."

    --

    My beliefs do not require that you agree with them.

  18. Agencies/Companies requiring EULA type licenses. by bier · · Score: 3, Interesting


    In a phone conversation with an IT worker-bee at a State Government agency I was informed that we could not use certain software due to fact that it is freeware. The word freeware, not Open-Source was used. In my amazement I was blurted out that it was one of the "dumbest things I ever heard" and was told that the State IT governing board wanted a license just in case they needed to sue somebody. This begs the questions:

    1. Doesn't the EULA, as mentioned in the story exclude most remedies, including litigation?

    2. Do you really think you can win such a case?

    3. If you do win (and pig's fly), will that change the software, or will you get some monetary settlement? Meaning your stuff is still broken.

    This comparison is something I will definitely keep close for my next conversation involving proprietary vs OS licenses. BTW the software in question was Tomcat.

  19. Re:Different 'End Users' For Each License by ctid · · Score: 4, Insightful

    Even if you can't or won't or don't want to modify the source code, you get benefits from the fact that other people can. That's one of the key benefits of Free SW.

    --
    Reality is defined by the maddest person in the room
  20. Mono SUCKS! by Mr.+Underbridge · · Score: 5, Funny
    Just do a little searching on Sam Varghese and see what an idiot this supposed journalist is. His articles are little more than the whining of an ill-informed, angst-ridden gadget-geek.

    His "article" on Mono, for instance. [smh.com.au]

    Man, mono sucks, I dunno what your problem is. First time I tried it, I got it from my girlfriend, and I couldn't even get out of bed for a week. Damned doctor had to run all kinds of tests on me. I tell ya, I don't ever want to try using mono again.

    If this guy says .NET is worse than mono, that's pretty bad. I don't know what this .NET thing is, but it sounds like plague or polio or something.

  21. how a monopoly values it's users by sapgau · · Score: 5, Interesting
    From the article:
    Some features about software covered by the EULA:
    • copying was prohibited
    • could be used only on one computer with a maximum of 2 processors
    • cannot be used as a webserver or fileserver
    • required registration after 30 days
    • could stop working if hardware changes were made
    • updates could change the EULA if the company so wished
    • could be transferred to another user only once
    • the new user must agree to the license terms (no specification how this could be achieved)
    • imposes limitations on reverse engineering
    • gives Microsoft rights to collect information about the system and the its use
    • gives Microsoft the right to supply this information to other organisations
    • gives Microsoft the right to make changes to the computer without having to ask.
    • warranty for the first 90 days
    • fixes, updates or patches carry no warranty
  22. Re:PHB? by (H)elix1 · · Score: 4, Funny

    >>The only thing I could come up with was "Player's Handbook"

    >Hang your head in shame!! You call yourself a geek??

    Someone who knows the AD&D reference but misses the business reference? I'd let him keep the geek status....

  23. You're not thinking like an MS business person: by burgburgburg · · Score: 4, Insightful

    A person buys XP Pro. They open the box, install it and read the EULA. They note that it doesn't allow them to do the necessary file/print sharing (That the software is capable of doing them is irrelevant. The license doesn't allow it.). So they have to go out and buy a new version of XP that does allow them to file/print share. And of course, they can't return the old XP Pro because they opened the box and installed it (Good luck on convincing the seller that you rejected the EULA and have uninstalled it.). Two sales, one code base, all the work on the buyers side. Good day.

  24. Really Apples vs Oranges? by ashitaka · · Score: 3, Interesting

    OK, we've all seen the smart-ass Apples v. Oranges, news at 11 posts. So what, pray tell, would it be more appropriate to compare an XP EULA to in the Free Software world?

    Most of the comments suggest the GPL is developer-oriented whereas the EULA is user-oriented.

    What is the EULA for Free SOftware then? Unlimited use, unlimited copying, no requirements or obligations to provide second or third-parties?

    Someone needs to write the definitive GEULA. (or should that be GNEULA?)

    --
    If you don't want to repeat the past, stop living in it.
    1. Re:Really Apples vs Oranges? by infiniti99 · · Score: 3, Funny

      Someone needs to write the definitive GEULA. (or should that be GNEULA?)

      Though it would be essentially redundant, I guess our GNEULA could look like this:

      #1 - Please read up on Copyright law to learn what you are able to do with this software. This is basically your distribution/fair-use rights. We could have written the law text here, but since the gov't has done it already we figure we'll save our breath.

      #2 - Read our included LICENSE.GPL, LICENSE.BSD, or other file to learn about the additional freedoms you have.

      #3 - Instead of Yes/No, there is only an 'OK' button. This is because you have to accept Copyright law (it is not a question), and we don't care if you accept #2 or not (if you don't want your extra freedoms, no harm to us).

  25. Don't Think So by Bios_Hakr · · Score: 3, Interesting

    It just doesn't work that way.

    I installed XP pro. By default, it enables print sharing and creates admin file shares for hard drives. I think the EULA in this case is to prevent a customer from bugging MS with their printer not doing network stuff properly.

    No one ever reads these licenses. If they are read, they are usually misunderstood or ignored. A lot of what is in them is just so MS can say "well, we told you not to do that" if someone calls the support line with a problem.

    Some of the terms are crazy. If you don't like them, just ignore them or use another product.

    The EULA is virtually unenforcable in any event. If you disagree with a EULA, the EULA says to return it to the place of purchace. If the place of purchace refuses to accept a return, the EULA has been voided. In that case, the product reverts to standard copyright law.

    There are a thousand ways lawyers could turn it. None of them would end up in the small guys favor.

    --
    I'd rather you do it wrong, than for me to have to do it at all.
    1. Re:Don't Think So by Malcontent · · Score: 4, Insightful

      Nice set of arguments there.

      1) Ms puts things in their EULA so that they won't have to provide support.
      2) No one ever reads EULA.
      3) People misunderstant the EULA
      4) MS will never enfor the EULA.
      5) You can ignore the parts the of EULA you don't like.
      6) The EULA is unenforcable.

      and finally.

      7) Use another product.

      Hey! Number 7 is what this topic was all about in the first place.

      --

      War is necrophilia.

    2. Re:Don't Think So by Malcontent · · Score: 3, Interesting

      ""Well, MS could sell you a product and then sue you!" "

      MS spreads the same FUD. It's simply trying to counterattack when you are under attack. What should the people do? just bend over and take it when MS launches an attack on you?

      --

      War is necrophilia.

  26. Re:More like... by tuffy · · Score: 4, Funny
    More like apples and turds, in this case...

    But turds are the industry standard. Besides, a billion flies can't be wrong...

    --

    Ita erat quando hic adveni.

  27. Wake up by mdielmann · · Score: 4, Insightful

    The term viral referes to the fact that the GPL spreads to whatever it touches. They're not talking about the outcome - there are viruses that are benign to the point of being ignored, but they're still viruses (some are beneficial, like bacteriophages). Vaccine has nice touchy-feely connotations, but I haven't contracted a vaccine lately, have you?

    --
    Sure I'm paranoid, but am I paranoid enough?
    1. Re:Wake up by tuffy · · Score: 4, Insightful
      The term viral referes to the fact that the GPL spreads to whatever it touches.

      A vaccine also spreads throughout your system, should you choose to take it. The key difference is that a virus will attempt to spread of its own accord but a vaccine requires the conscious effort of the user to spread. You can't "accidentally" include GPLed code in your programs, nor will GPLed programs intentionally write GPLed code into your programs.

      --

      Ita erat quando hic adveni.

  28. Mod Parent Up! by Corporate+Drone · · Score: 3, Interesting
    The poster has this one spot-on. While working at a company a number of years ago, designing a system which allowed mobile devices to connect to a local PC, just in order to do an archiving data dump, I found that we could only allow up to 10 distinct devices to ftp to the PC. (That's ten distinct devices, not ten concurrent devices, btw.)

    To be able to do so, we'd have had to upgrade to a server version of the product. We'd have had to upgrade around 600 PCs across the US, not to mention the licensing costs.

    Don't know how it all hashed out in the end, although we decided at the time to dump the functionality rather than hand over our wallets.

    --
    mmm... yeah... You see, we're putting the cover sheets on all TPS reports now before they go out...
  29. Re:Apache on Windows by GregWebb · · Score: 5, Insightful

    Licensing, and this is nasty.

    Netscape used to do quite nice business by pointing out that their webserver could run very happily on NT Workstation (indeed, in their opinion, better than others on Server) and that the combination of the NTWS and their license was still cheaper than NT Server.

    At which point MS change the license and prohibit using NTWS as a server. If you want that, buy NT Server - which is way more expensive and, look, happens to come with a 'free' web server...

    If I choose to dig my garden with a teaspoon, that is my right. If I choose to run a removal firm out of a Mini, that is just as much my right. Why, therefore, should it be legal for a software company to prohibit me using something for a purpose they did not intend and do not believe it suitable for? If I'm happy with it, I should be able to.

    --

    Greg

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

  30. Difference is more notable to a community by ciaran_o_riordan · · Score: 3, Insightful

    There is a huge difference between these two licenses in what freedoms they grant you but I think the freedoms they grant others are more important.

    Most people aren't programmers. Most programmers don't have time to fix every bug or add every feature they want.

    That the GNU GPL gives *you* these freedoms isn't the important part, it's that it gives *everyone* these freedoms.

    MS EULA treats people as lone individuals and prohibits sharing/helping. The GPL expects this and flourishes when sharing and helping occur.

    Ciaran O'Riordan

  31. What the world really needs... by 0xB00F · · Score: 3, Insightful

    are more laywers pretending to be IT people.

    From the article:

    Also, since we are not lawyers, we thought we would try and map the contents of the licences into words and meanings that IT and management can understand,

    Okay, so what we have here is an analysis of "legal documents" by a group of people who are not lawyers. Hmmm, that somehow knocks the whole analysis idea. This is more like having a mechanic perform an autopsy and write a coroner's report.

  32. Various points to consider: by burgburgburg · · Score: 3, Insightful
    1) The final binding EULA is on the disk in the box. Nothing on their literature, nothing on their web site, nothing that their salespeople tell you represents the final binding EULA. You don't see the final binding EULA until installation

    And since MS reserves the right to alter the EULA at their discretion, the one you have during evaluation and the one that they give you when you buy (or even after you buy) can be very different things.

    2) People's requirements change.

    3) What sort of moron buys MS at all?

  33. The real difference by Andrewkov · · Score: 3, Funny
    The real difference between the GPL and MS EULA:

    GPL: My program is finished! You can take my baby and do whatever you want with it!

    MS EULA: You use our program and your first born baby belongs to us.