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Microsoft Backs Down on Windows 2000 EULA

nachoboy writes "After the fiasco surrounding the overly intrusive EULA for Windows 2000 SP3, it seems Microsoft has backed down a bit with the upcoming release of SP4. The section concerning automatic updates now states simply "You consent to the operation of these features, unless you choose to switch them off or not use them." The EULA then proceeds to list the five services liable to connect to the internet without explicit confirmation. A reference copy of the SP4 EULA may be found here. We can only hope for a similar move with Windows XP."

297 comments

  1. Too little, too late... by krray · · Score: 5, Interesting

    This may be too little too late for us. With the release of SP3 for Windows 2000 "Professional" we went to a "code freeze" with Microsoft Windows (among other things).

    With this SP we also decided it was time to completely ditch them from operations and have been rolling out Linux and Mac OS.X workstations as existing systems reached their EOL.

    Fortunately we may actually use SP4 for the existing Windows boxes (about 35% left now) -- but our budget for Microsoft products has been placed at -0- per the board of directors.

    Too little, too late... (fp :)

    1. Re:Too little, too late... by Anonymous Coward · · Score: 0

      Sure thing, kid.

    2. Re:Too little, too late... by Anonymous Coward · · Score: 0, Interesting

      Ya'all crack me up.

      1) our core network has *ALWAYS* been Netware, BSD and now Linux.

      2) Our revenue has been just fine with NEVER having a Microsoft server. Management sees the desktop as money time wasting pit with every reboot.

      2a) Why is it my offer -- even directly to MICROSOFT -- of setting up 10 workstations for $10,000 has never been taken? The contract reads that for every crash over a one year period it'll cost $1,000. The catch: the pay back is not to exceed $20,000 (I am a betting man :)

      2b) I've setup dozens of Linux servers under this contract.

      2c) My expected revenue between now and year end is somewhere between 18 and 22 million. Suck on THAT.

      Sorry boys, but REAL BUSINESS' are moving as far away from Windows as fast as they can. I personally drew the line in the sand with the release of OS.X for myself at home. Of course Linux still runs the house from the basement too.

      Also interesting that those now on OS.X in the office have shown a noticable improvement in productivity too...

    3. Re:Too little, too late... by jkrise · · Score: 0, Troll

      I agree. If it took 2 years and more for your firm to decide that MS WinXYZ is full of security holes and take alternative steps, there's little that can be done.

      Microsoft products cost a lot to _acquire_ as well as to _maintain_. Even if you started now, you'd still be saving your dollars in the long run.

      You might actually save the remaining 35% from getting Slammed all over again.

      --
      If you keep throwing chairs, one day you'll break windows....
    4. Re:Too little, too late... by Ishin · · Score: 1, Insightful

      No offense, but this kind of statement really hard to believe when the company name isn't given for verification. Not that it's impossible or a bad idea, but I'm guessing more like improbable for a 'board of directors' for any company that's realistically large enough to have a true 'board of directors' to recognize the inherent dangers of their software eula's at this point in history. Even though some companies understand M$ is trying to position their poisoned dagger under the company's metaphorical ribcage for the best position to hold the company hostage, the company is attempting to do the same thing to any of their clients in any cases possible. Thus they at least understand M$'s position, whereas most of these out of touch old men don't understand the true position of free software. Summed up, most companies distrust M$, but distrust open source even more. (even if it's completely unfounded, you're not dealing with rational thinking, you're dealing with people that are fed and driven by greed, and free software runs totally askew of their ideals)

    5. Re:Too little, too late... by krray · · Score: 5, Interesting

      It didn't take us two years to decide Windows is full of security holes and problems. I personally knew that with Windows 95 (never deployed here -- stuck with WFW3.11).

      The remains Windows boxes are primarily used for AutoCAD work. I've yet to come across a product that comes close to what we would expect for other platforms -- the exception being a outside-our-needs $40K package.

      Those remaining Windows boxes have long ago been on a segmented private subnet with NO ACCESS what-so-ever to the Internet for obvious security reasons.

      Frankly -- I don't give a rats ass what the rest of the world does (to a point -- we still need to share data). The "TCO" for Windows is a hell of a lot higher than Microsoft would like you to think it is. A whole LOT.

      Even when Windows was the #1 desktop on our network there has never been one (1) virus infection or outbreak. Of course Outlook and Explorer were banned from day one (which helped :).

      I'm still amazed by the Windows weenies out there -- isn't it interesting that a guy like me doesn't like Windows? 20 years experience "in the business", multiple computer science degrees along with accounting and business management for that matter... I like Netware, BSD, Solaris, Linux, OS/2, BeOS, and OS X among others -- it's just so obviously how fundamentally flawed Windows is.

      But I'm sure I don't know shit or what I'm talking about. Yeah, that's it.
      Too funny.

    6. Re:Too little, too late... by GreyyGuy · · Score: 1

      Yeah, because anyone posting internal company directions would really love to have a whole bunch of /.'ers come in and ask "are you really doing this?" to their boss or PR group.

      If government officials can look at open source and see value, why is it so hard for your to believe that a company's board of directors (some of whom might have been stung by MS's license audits with their other companies) would like to get away from paying money to MS?

    7. Re:Too little, too late... by Anonymous Coward · · Score: 1

      So what if windows updates itself and it's components. Then I don't have to bother and my guess is that 95% of all people complaining about this are nervous wrecks running cracked windows versions...

    8. Re:Too little, too late... by Anonymous Coward · · Score: 0

      2) Who works under contracts like this for Linux? I'd like to make some quick cash!

      2c) Oh, so you run a porn site?

    9. Re:Too little, too late... by msoftsucks · · Score: 1, Insightful

      Half the time when M$crap installs automatic updates it breaks something. Look at how often M$ has to recall a patch or service pack. Their products and processes are flawed. I cannot rely on the fact that when I come in the morning that my machine will function like the day before. Businesses need for their machines to reliably function from day to day. M$ doesn't give a rat's ass about the general user. They care only about their image. When was the last time you heard that one of IBM's patches for their mainframes had to be recalled? It doesn't happen. IBM has products that were develeped properly and has the processes to make sure that a patch won't have unintended consequenses.

      I am an independent consultant, and have been making my living riping out failed M$crap and replacing it with Linux. This has certaintly picked up after M$ released their licensing extortion schemes. The amount of clients I have that are even considering Windows Server 2003 can be counted on one hand. Usually when I explain to them the pros and cons of going with M$, they quickly reconsider. The next question they ask is if I have any other clients that have converted to Linux that are happy. After they talk to them, its usually an immediate go-ahead.

      --
      Quit playing Monopoly with Bill.
      Linux - of the people, by the people, and for the people.
    10. Re:Too little, too late... by cristofer8 · · Score: 2, Flamebait

      I really don't think that MS put the original clause in the EULA so that they could spy on your computer or download evil top secret DRM goblins into your computer while you sleep. I think that it referred to exactly what it did: downloading updates from winupdate in the background, and was just worded poorly. Since some (a few slashdotters) complained, they changed it to terms that, for their purposes, mean the exact same thing, but don't piss off all 50 slashdotters who actually paid for their copy of windows.

    11. Re:Too little, too late... by Anonymous Coward · · Score: 5, Insightful

      Perhaps it may have seemed to MS that it was a good idea, but many institutions such as hospitals strictly control what is on their computers, and the EULA made it legally impossible for them to use SP3.

    12. Re:Too little, too late... by Politburo · · Score: 0, Troll

      Let me simplify your logic a bit.

      "I don't like Windows."
      "I am so smart."
      Therefore, "Windows is flawed."
      QED

    13. Re:Too little, too late... by Anonymous Coward · · Score: 0

      2d)???
      2e)Profit!

    14. Re:Too little, too late... by deaddrunk · · Score: 2

      Or "I don't like Windows based on comparison with half a dozen alternatives that I have used on a regular basis (i.e. not merely a home Linux network that you can connect Windows boxes to) and therefore in my professional opinion Windows is a mess"

      Or is that too difficult to understand Mr. Troll?

      --
      Does a Christian soccer team even need a goalkeeper?
    15. Re:Too little, too late... by Locutus · · Score: 1

      Isn't this how it's done in the "real world" too? I've heard that an editor was told by Microsoft to have an article edited such that OS/2 was mentioned OFF the first page( ie, buried ). I've seen Ziff-Davis post articles at "strategic" times of the day. Articles which "dis'ed" MS Windows or showed favorable to alternatives usually were posted late in the day and quickly moved off the main page.

      I won't even get into how "independant" research seems to show exactly what the financing party wants it to show.

      It sounds like you need to go to MS-ZiffDavis, etc, and read reports from DataGuess to get YOUR idea of "real" news. ;)

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    16. Re:Too little, too late... by Johnny+Mnemonic · · Score: 1


      Pardon me, but where do you work? As a Mac Pro, I'm always interested in hearing about what MacCentral used to call "Forward Migration".

      Feel free to respond to me "offlist" if you prefer; email is above.

      --

      --
      $tar -xvf .sig.tar
    17. Re:Too little, too late... by errxn · · Score: 2, Funny

      Quit playing Monopoly with Bill. Switch to one of many non-Microsoft products today.

      Like, uhh, not using Hotmail for your email account, f'rinstance?

      --
      In Soviet Russia, Chuck Norris will still kick your ass.
    18. Re:Too little, too late... by Anonymous Coward · · Score: 0

      "Half the time when M$crap installs automatic updates it breaks something"

      Oh bullshit. Yes there have been updates that have broken 3rd party apps (many that were not written for modern Windows OSs.) and some that actually broke MS functionality. But half the time? Not hardly. Hyperbole sucks.

      "When was the last time you heard that one of IBM's patches for their mainframes had to be recalled? It doesn't happen. IBM has products that were develeped properly and has the processes to make sure that a patch won't have unintended consequenses"

      Hahahahahahahah! Well, I guess I can really only speak to IBM midranges, but there have been many PTFs that have broken other things with OS/400. And yes, some that were recalled. Some were real doozys too. Maybe their mainframe updates differ, but a.) I doubt it and b.) there is a little price difference between a piddly Windows 2003 Server and a friggin mainframe, no? One would expect a little more out of mainframe software.

      Like any other OS or any other software company that put out updates, there are bound to be problems. Methinks if you research Linux a bit more, you'll find examples there as well...

    19. Re:Too little, too late... by Politburo · · Score: 1

      Well it's not really that I have a problem with his opinion, just the way he says it. If he had said what you did, I'd have had no problem.

  2. I bet SCO is behind this... by Anonymous Coward · · Score: 2, Funny

    somehow.

    1. Re:I bet SCO is behind this... by Anonymous Coward · · Score: 0

      Yeah

  3. Wow by Cackmobile · · Score: 4, Interesting

    To all the people who say what can we do; Here is a perfect example of the power of the people. We the consumers hold the power. We can stand up and fight corporate greed. From here we need to demand better software with less bugs.

    I hate posting about M$. Last time i got modded to Flamebait. DOH!!!

    --
    -- Karma Karma Karma Karma, Karma Chameleon - Boy George
    1. Re:Wow by Anonymous Coward · · Score: 5, Funny

      I hate posting about M$. Last time i got modded to Flamebait. DOH!!!

      Apparently you aren't the only person who hates your postings about Microsoft, then.

    2. Re:Wow by muffen · · Score: 3, Insightful

      I agree, this is a case of Microsoft actually listening. However, the reason can be discussed. I believe that they "listened", because it made no difference to them. It was more a case of miswording the EULA than actually wanting to add patches people wouldn't agree with. Ofcourse, this is just what I believe.

    3. Re:Wow by Anonymous Coward · · Score: 5, Insightful

      I don't think you understand Microsoft's tactic. They ALWAYS did the same thing:

      1) Start with something free or an upgrade.
      2) Incrementally and slowly add more and more restrictive claims. Auto-update, DRM, etc.
      3) If the people start complaining too much, roll-back to previous claims, which isn't much better.
      4) Wait for a while.
      5) Go to 2.

      This has been MS tactics for as long as I can remember. So, I don't think we should claim victory right now.

    4. Re:Wow by danheskett · · Score: 4, Insightful

      That seems exactly plausible.

      MS can already put anything they want on your machine because the software is closed source. The ability to do it automatically is pretty trivial actually in the bigger picture.

      The last EULA was almost certainly poorly choosen. That's all. They wanted the legal right to update your machine assuming you choose to use the feature. IE, they dont want lawsuits if people enable auto-updating and then find that something or some 3rd party app didnt work.

      Speculation, but this pretty much confirms that the SP3 service pack was just a bit poorly done.

    5. Re:Wow by teamhasnoi · · Score: 4, Insightful
      A consumer holds no power, a citizen does.

      Stand up and fight as a citizen.

    6. Re:Wow by Karhgath · · Score: 2, Insightful

      Posted this as AC previously as an error. Sorry.

      I don't think you understand Microsoft's tactic. They ALWAYS did the same thing:

      1) Start with something free or an upgrade.
      2) Incrementally and slowly add more and more restrictive claims. Auto-update, DRM, etc.
      3) If the people start complaining too much, roll-back to previous claims, which isn't much better.
      4) Wait for a while.
      5) Go to 2.

      This has been MS tactics for as long as I can remember. So, I don't think we should claim victory right now.

    7. Re:Wow by TopShelf · · Score: 2, Interesting

      While this may be a bit overstated, it does seem like MS is paying more attention to customer feedback these days. Note the changes made to mollify small and medium-sized businesses related to software licenses, and the recent price cuts made to Office and SQL Server's Developer Edition. The recent controversy about the extreme measures they are taking to compete with Linux in the enterprise also points to a company that is feeling pressure to preserve its customer base. That's an entirely different posture than boldly taking on new areas and expanding market share. The next couple years (as the economy strengthens and IT spending resumes) should prove very interesting indeed...

      --
      Stop by my site where I write about ERP systems & more
    8. Re:Wow by Cackmobile · · Score: 1

      Thats a bit harsh!!!

      --
      -- Karma Karma Karma Karma, Karma Chameleon - Boy George
    9. Re:Wow by devnullkac · · Score: 1

      I don't know how much the "power of the people" had to do with this. I suspect it was simply one form of corporate greed fighting off another. The people are bystanders as usual, but this time the piñata threw some candy our way, too.

      --
      What do you mean they cut the power? How can they cut the power, man? They're animals!
    10. Re:Wow by Anonymous Coward · · Score: 0

      You forgot the two most important steps in Microsoft's tactics:

      1) Start with something free or an upgrade.
      2) Incrementally and slowly add more and more restrictive claims. Auto-update, DRM, etc.
      3) If the people start complaining too much, roll-back to previous claims, which isn't much better.
      4) Wait for a while.
      5) Go to 2.
      6) ???
      7) Profit!


      Especially the profit part. They made $2.7B in pure profits last quarter. So they are still "winning".

    11. Re:Wow by Anonymous Coward · · Score: 0

      Especially the profit part. They made $2.7B in pure profits last quarter. So they are still "winning".
      That's almost enough to pay for the SCO/IBM lawsuit!

    12. Re:Wow by IWannaBeAnAC · · Score: 1

      Hmm, why is this post not marked 'redundant' ?

    13. Re:Wow by Tackhead · · Score: 4, Insightful
      > A consumer holds no power, a citizen does.

      As a citizen, I have no power. I couldn't convince him - not even me and a thousand of my friends - to vote one way or the other on a piece of legislation to curb Microsoft's behavior. Legisliation, incidentally, that was probably drafted by lobbyists for Microsoft.

      As a consumer, I have plenty of power. When I ask a vendor to sell me that system without an OS, or to sell it to me without a hard drive, they can either sell it to me on my terms, or I'll turn around and take my purchase to a vendor who will.

    14. Re:Wow by pVoid · · Score: 2, Interesting
      I think you are watching too many x-files.

      I think the previous EULA was worded that way so people were forced (by law) to update their machines, and not leave them unpatched for months. I think it was made that way so that Moft didn't end up with lawsuits (or bad rep) saying their machines weren't safe.

      (I think ideally, they wanted all of the machines on the net to get patches as soon as they came out, so that once a bug was announced on a full disclosure list or the such, if they deemed it dangerous, they could get around to avoiding it).

      But in the end, it comes down to an 'I think' versus 'you think' situation. And I think you are watching too many x-files.

      (your argument of closed sourcedness is bs... have you read each and every line of source in your linux kernel? - trojan's are very easily detectable without source code, in fact they are more detectable without source code: via network analysis... if Moft were to put trojans in their updates, you would get 42 stories a day on /. about it - plus their respective duplicates)

    15. Re:Wow by poot_rootbeer · · Score: 2, Insightful

      A consumer holds no power, a citizen does.

      Bullshit. A vote that goes into a cash register is just as powerful as one that goes into a ballot box.

      Microsoft does not want to control the world. They just want to make money. Controlling the world is one strategy that would allow them to keep making money yes, but that doesn't change the company's core reason for existing.

    16. Re:Wow by Anonymous Coward · · Score: 0

      I'm sorry, but what. the fuck. is moft?

    17. Re:Wow by pbryan · · Score: 1

      What's insightful about this?

      Consumers hold power collectively by choosing who to engage in consentual transactions with. Citizens hold power collectively by voting on who represents them in government.

      Neither has much power individually.

      --

      My car gets 40 rods to the hogshead, and that's the way I likes it!

    18. Re:Wow by Anonymous Coward · · Score: 0
      get with it man. Moft is M$ for those who don't believe in h4xx0r affiliated acronyms.

      -pVoid

    19. Re:Wow by motown · · Score: 1

      There's no way to either confirm or rule out if Karhgath was in fact the anonymous coward who originally posted that text. Therefore, he shouldn't be moderated up. Sorry Karhgath! Nothing personal, but even if you were the original poster, you don't deserve these points now, since it cannot be proven. Just be more careful the next time you post something.

      --
      "Oooh, does that mean we get to kick some puffy white mad zionist butt?"
    20. Re:Wow by Anonymous Coward · · Score: 0

      So in other words, basically Microsoft maximizes control over your computer using the same algorithm that TCP uses to maximize bandwidth? That is kinda funny...

    21. Re:Wow by MyHair · · Score: 0, Redundant

      Posted this as Karhgath previously as an error. Sorry.

      I don't think you understand Microsoft's tactic. They ALWAYS did the same thing:

      1) Start with something free or an upgrade.
      2) Incrementally and slowly add more and more restrictive claims. Auto-update, DRM, etc.
      3) If the people start complaining too much, roll-back to previous claims, which isn't much better.
      4) Wait for a while.
      5) Go to 2.

      This has been MS tactics for as long as I can remember. So, I don't think we should claim victory right now.

      (Hey, it's already up to score 10, why not 15, mods?) (Disclaimer for the clueless: okay, I copied and pasted this and it's not mine.)

    22. Re:Wow by Karhgath · · Score: 1

      Frankly, I don't care much anyway, I'm posting here to give info and such, not to get Karma. At first I wanted to repost it to get it above the default filter, but after I reposted it I realized most mods should browse at -1 anyway, so it was pretty much stupid to repost it, my apologies.

      I was just surprised to see that I wasn't logged in, hehe, stupid adaware that deletes cookies.

    23. Re:Wow by n3r0.m4dski11z · · Score: 0

      a mistake does a karma whore make

      --
      -
    24. Re:Wow by danheskett · · Score: 1

      your argument of closed sourcedness is bs... have you read each and every line of source in your linux kernel?
      I don't run Linux, so no.

      I am not watching too many X-Files. I think MS messed up with their EULA. They *could* put anything they want in their source code. We don't know. I am not claiming they have trojans, just that they could.

      Without the source though, there is no way that you can *prove* that no "bad" code is in Windows. You simply can't. Its _not_ possible. With Linux, you can. You can prove that their is not a function that illiclitly sends data to some place it doesn't belong. With MS stuff, you can analyze traffic, you can watch things, you can try and keep your eyes open. But between encryption and the closed source nature of the software, you simply *can* not prove it.

  4. Published benchmarks still "illegal?" by mgcsinc · · Score: 5, Interesting

    This is a nice concession by microsoft, but what of the weird restrictions on benchmarking alluded to in the older slashdot article?

    'You may not disclose the results of any benchmark test of the .NET Framework component of the OS Components to any third party without Microsoft's prior written approval.'

    1. Re:Published benchmarks still "illegal?" by danheskett · · Score: 4, Insightful

      That is surprisingly common. Most software vendors of size do not allow benchmarking. Alot of it stems from purposefully bad benchmarking that is designed to skew results. Big vendors like Oracle and MS have a lot to lose from jury-rigged benchmarks skewed to give one side an advantage.

      On the other hand, some software package must be slower, that's just how it works. So they have a lot to lose just on the pure facts of the matter too.

    2. Re:Published benchmarks still "illegal?" by mgcsinc · · Score: 2, Interesting

      Video card manufacturers could do this to keep from spending half their man hours on programming their drivers to trick benchmarks. Then again, this wouldn't fly to well, would it... If there's anything worse than feew people buying your product because it benchmarks poorly, it's no one buying your product because the industry press hates you.

    3. Re:Published benchmarks still "illegal?" by jkrise · · Score: 1

      The parent talks about a software maker, and an illegal monopoly at that. No comparison to h/w folks here.

      --
      If you keep throwing chairs, one day you'll break windows....
    4. Re:Published benchmarks still "illegal?" by Anonymous Coward · · Score: 1, Informative

      "No comparison to h/w folks here."

      Because that isn't what's being talked about. The core element between what Nvidia (and to a lesser extent ATI) did and the MS and Oracle is "Image". Make your product "appear" to be something it is not. The "they might makes us look bad by doing the benchmarks wrong" is a red herring because a good benchmark can be done without compromising the testing parties principles or being unfair to the tested. No need to enforce an effective ban on free speech (BTW the courts have ruled the "can't publish benchmarks" illegal, but then that's par for the course when it comes to EULA's).

    5. Re:Published benchmarks still "illegal?" by Anonymous Coward · · Score: 0

      Yeah, because who needs free speech to sort out the well executed benchmark testing from the rigged?

    6. Re:Published benchmarks still "illegal?" by hoeferbe · · Score: 1

      Something I've wondered about the benchmark EULA clauses is how effective they are. The worst that can happen is that they revoke your 'license' to use that particular copy of the product.

      So, let's say I go out and buy Microsoft Doodad 5.5 and it has that "no publishing benchmarks" in its EULA. Well, I've not violated that clause until I publish my benchmarks. Thus, on the day of publication, I am no longer allowed to use the Microsoft Doodad 5.5 I purchased.

      So what? I guess I'm 'legally' obligated to chuck the CD and manuals into the landfill. That doesn't matter to me, as I got what I really wanted: the publication of my benchmarks. If I really wanted to keep using Microsoft Doodad 5.5, I just go out and buy another boxed set, which comes with another license (which I don't violoate).

      Unless Microsoft Doodad 5.5's EULA says they can sue me for those benchmarks, all I'm loosing is the 'priveledge' of using their software. (I would argue that I only loose the 'priveledge' of using that copy of the software I purchased; I still can go out, purchase another copy, and use that.)

    7. Re:Published benchmarks still "illegal?" by mgcsinc · · Score: 1

      This is lovely, except that it would be argued, probably effectively, in court that your binding to that clause of the EULA extends beyond your use of the software. Then again, I'd love to see how Microsoft would substantiate any claims to damage with this clause, and hence, it would probably just insist on invalidating your license, anyway.

    8. Re:Published benchmarks still "illegal?" by Anonymous Coward · · Score: 0

      Good point. The TPC ratings are a good example of this. There is a real independent body that multiple vendors use, and they do a long-term battery of tests.

      http://www.tpc.org/tpcc/results/tpcc_perf_result s. asp

      Microsoft technology combinations seems to win out in the TPC charts when it's a purely objective test like this. Oh my God, Oracle barely rates and there is *no* Linux? What do we do now?!

      Oh wait, that's OT.

  5. As if the EULA mattered by Fefe · · Score: 4, Insightful

    Do you actually believe Microsoft only spies on you if it's written in the EULA?

    Does the EULA say that the Internet Explorer reports all web domains to the MSN search engine if it can't resolve them?

    Oh, so you can turn it off alright. Does that change anything?

    People don't trust Microsoft, and for good reasons.

    1. Re:As if the EULA mattered by BroncoInCalifornia · · Score: 1

      Why would Microsoft even want to spy on us. Maybe after they tried out the spyware they noticed it was not worth the effort!

      --

      Religion is the main cause of atheism.

    2. Re:As if the EULA mattered by Anonymous Coward · · Score: 0
      Does the EULA say that the Internet Explorer reports all web domains to the MSN search engine if it can't resolve them?

      No. But it doesn't have to because anyone with half a clue figured it out the first time they mistyped a URL and was taken to the MSN search engine.

      It's not as if this is one of those hidden features that nobody knows about. And, as you said, it can be turned off.

      I guess my point is that you need to quitchyerbitchin.

    3. Re:As if the EULA mattered by Anonymous Coward · · Score: 5, Funny

      "Does the EULA say that the Internet Explorer reports all web domains to the MSN search engine if it can't resolve them?"

      Yeah maaaan! Microsoft - and therefore the government - now has a huge list of misspelled and non-existant website addresses! Just imagine the kind of horrific infringements of privacy that can take place now!! It doesn't bear thinking about, does it!

    4. Re:As if the EULA mattered by jkrise · · Score: 0, Troll

      Considering the hundreds of MS shills astro-turfing over here and modding every sensible post to oblivion as either Troll/ Flamebait, it's pretty silly to think a EULA change means anything.

      --
      If you keep throwing chairs, one day you'll break windows....
    5. Re:As if the EULA mattered by mgcsinc · · Score: 1

      Well, for one, I'm pretty sure that Microsoft would like to have a nice little document to stick to should anyone discover they're being spied on.

    6. Re:As if the EULA mattered by A_Non_Moose · · Score: 3, Insightful

      Oh, so you can turn it off alright. Does that change anything?

      Yes, well, until the next security update, bugfix or service pack... ...hey, waitaminute....

      (ever notice how the msn redirect gets put back, outlook express {I've got a kixscript to kill it} and a few other annoyances every update?)

      You are correct, IMO.

      --
      Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
    7. Re:As if the EULA mattered by josh+crawley · · Score: 0, Offtopic

      You think that's something? Every Microsoft Internet-connected product reports what web domain you are accessing to the root DNS servers controlled by Bill Gates. Did you think you were safe because you have a corporate DNS server set up? THINK AGAIN. That server also reports back to the root DNS servers!

      Also, your computer is broadcasting an Internet Protocol address! Those slimy bastards!

    8. Re:As if the EULA mattered by Anonymous Coward · · Score: 0

      Do you actually believe that Microsoft cares enough to spy on *you*? What, do you think there is some guy in a back room tracking your every move? I'll give you a hint, they don't bother because your stupid web habits don't make them richer.

    9. Re:As if the EULA mattered by geekoid · · Score: 1

      BUt if you can catch them now, you can take them to court for violating their Eula.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    10. Re:As if the EULA mattered by NanoGator · · Score: 1

      "Do you actually believe Microsoft only spies on you if it's written in the EULA?"

      Do you believe that MS spies on you at all, or are they just covering their own butts for the new services they've added?

      Yeah, "We at Microsoft are monitoring over 400 million people. We know what you're up to!"

      --
      "Derp de derp."
    11. Re:As if the EULA mattered by pmz · · Score: 1, Flamebait

      Yeah maaaan! Microsoft - and therefore the government - now has a huge list of misspelled and non-existant website addresses!

      They also have your IP address, time of day, frequency of Internet use, possibly your location (via traceroute), and what kinds of websites you are looking for. Based on the websites, they can even infer your age group, sex, and "secret habits".

      Don't forget that it is unknowable what kinds of IE backdoors are in place to look at your portfolio of cookies, browser history, browser cache, and preferences settings.

      If that isn't valuable marketing data, then just call me a goat and hose me down with grape Kool-aid.

    12. Re:As if the EULA mattered by Tackhead · · Score: 1
      > Yeah maaaan! Microsoft - and therefore the government - now has a huge list of misspelled and non-existant website addresses! Just imagine the kind of horrific infringements of privacy that can take place now!! It doesn't bear thinking about, does it!

      And if you think that's funny, you should see all the failed DNS lookups that XP's dumb-ass DNS client cached for me!

      *mutters, grumbles, disables yet another useless service*

    13. Re:As if the EULA mattered by NeoSkandranon · · Score: 1

      (ever notice how the msn redirect gets put back, outlook express {I've got a kixscript to kill it} and a few other annoyances every update?) ...No. I've never seen the MSN redirect come back after i kill it, short of reinstalling IE totally. Ditto to MSN Msgr

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    14. Re:As if the EULA mattered by Anonymous Coward · · Score: 2, Funny

      >They also have your IP address

      Every site i`ve ever visited has my IP address.

      >time of day

      MY TIME OF DAY?! OH MY GOD!

      >frequency of Internet use

      They could just set up shop as an ISP. So could the government for that matter.

      > possibly your location (via traceroute)

      Now your pushing it.

      >and what kinds of websites you are looking for

      And, as i`ve pointed out, how good your spelling is, given that only incorrect ones go to microsoft for resolution - and then only if you have the feature enabled in the free software they`ve supplied and which you`ve chosen to use.

      >Based on the websites, they can even infer your
      age group, sex, and "secret habits".

      Perhaps I can interest you in one of these:
      http://zapatopi.net/afdb.html

    15. Re:As if the EULA mattered by pmz · · Score: 1, Interesting

      They also have your IP address, time of day, frequency of Internet use, possibly your location (via traceroute), and what kinds of websites you are looking for. Based on the websites, they can even infer your age group, sex, and "secret habits".

      Replying to myself.... I just realized that via whois lookup, they can potentially figure out who you work for and/or what ISP you use. If they have figured out those fingerprinting techniques, they might even be able to detect your LAN configuration (NAT, etc.).

      All this for unintentially visiting a Microsoft website. The default msn.com IE home page achieves much of this, too, except most of the demographic data.

      Geez, this is getting worse and worse...must stop thinking...

    16. Re:As if the EULA mattered by pmz · · Score: 1

      Every site i`ve ever visited has my IP address.

      Yes, but this thread is about the involuntary redirection to MS' websites.

      MY TIME OF DAY?! OH MY GOD!

      Totally valid marketing data. Not necessarily evil, but it is real.

      Now your pushing it.

      Not really. The router IP addresses in traceroute often resolve into location-specific hostnames. Also, the owner of your IP address block can be location specific or company specific.

      This is also valuable marketing data. ...and then only if you have the feature enabled in the free software they`ve supplied and which you`ve chosen to use.

      ?? How many people "choose" Internet Explorer? IE is a cash cow of data valuable for marketing purposes and even strategic purposes.

    17. Re:As if the EULA mattered by Artemis+P.+Fonswick · · Score: 5, Funny

      God forbid people do marketing research on your info! Oh no! Whatever will we do?!

      If this shit goes into a database it just becomes another dot on a graph. There isn't some guy sitting at the MSN office saying "Hey look! pmz is looking at deep anal porn at 3 AM again! Let's go to his house and rape his mom!"

      I've said it before and I have a feeling I'll be saying it until I'm lying in my grave...Nobody cares about you! They're not sitting in your closet watching you surf the internet in your spiderman underoos. You still have your precious privacy!!

      Now what? You don't want to be a target of some ad campaign?? I only wish I was targeted more instead of being bombarded with those fucking X10 camera ads everytime I go to a webpage or tampon commercials everytime I turn on the TV.

      --


      Kudos to you, my good man.
    18. Re:As if the EULA mattered by Anonymous Coward · · Score: 2, Informative

      ipconfig /flushdns

    19. Re:As if the EULA mattered by nexex · · Score: 1

      add that herpes ad to that list. See Having an STD is Fun! man that guy is in for a big surprise when he unwraps his present...

      --
      Winter 2010: With Glowing Hearts
    20. Re:As if the EULA mattered by Anonymous Coward · · Score: 0
      > ipconfig /flushdns

      Yeah, but he shouldn't have had to flush the cache of failed lookups in the first place!

    21. Re:As if the EULA mattered by IthnkImParanoid · · Score: 1
      If this shit goes into a database it just becomes another dot on a graph
      1) Run for national office, or start your own company, or do something high profile that makes enemies.
      2) Said enemies bribe your past ISP's or websites you registered with for your IP.
      3) Said enemies bribe Microsoft (or whoever else read your cookies, really) with legislation/corporate deals for information collected from those IP's. Just for a week or a month to see your overall habits.
      4) Oops, you accidentally clicked on a tubgirl link, a goatse.cx link (man, cutting back on coffee sucks), and visited rotten.com. You are now a psychopathic homosexual fecalfeliac.

      Granted, probably no one will ever care about you or me enough to do the above, but the information is still there. How long before we see politicians' web activity dissected by the media? Although, they'll have to learn to use their computers first.
      --
      It's nothing but crumpled porno and Ayn Rand.
    22. Re:As if the EULA mattered by Anonymous Coward · · Score: 0

      And if you think that's funny, you should see all the failed DNS lookups that XP's dumb-ass DNS client cached for me!
      *mutters, grumbles, disables yet another useless service*


      How is that funny? "Negative caching" is a fundamental feature that DNS clients use to avoid hammering DNS servers etc. with requests for invalid domain names. ..or did you mean that the (invalid) addresses you typed are funny? :)

    23. Re:As if the EULA mattered by Anonymous Coward · · Score: 0

      "Yes, but this thread is about the involuntary redirection to MS' websites."

      It's NOT involuntary though ,is it? You`ve chosen to use software which does this, and you have the feature which does it enabled.

      > How many people "choose" Internet Explorer

      Look at it's market share. Loads of people. They could all change it. People have to learn to take responsibility for their actions. Just because you didn't say/write to someone "I specifically want IE" doesn't mean you didn't chose it. Lazy people deserve to get punished.

    24. Re:As if the EULA mattered by Anonymous Coward · · Score: 0

      "Geez, this is getting worse and worse...must stop thinking"

      Evidently you did that some time ago. Perhaps the thing to do would be to just unplug your computer from the internet and play pacman on a GBA or something? :)

  6. SITE /.ED - Mirror of EULA by (TK4)Dessimat0r · · Score: 0, Informative

    SUPPLEMENTAL END USER LICENSE AGREEMENT

    MICROSOFT WINDOWS 2000 SERVICE PACK 4

    PLEASE READ THIS SUPPLEMENTAL END-USER
    LICENSE AGREEMENT ("SUPPLEMENTAL EULA")
    CAREFULLY. BY INSTALLING OR USING THE
    SOFTWARE THAT ACCOMPANIES THIS SUPPLEMENTAL
    EULA, YOU AGREE TO THE TERMS OF THIS
    SUPPLEMENTAL EULA. IF YOU DO NOT AGREE, DO
    NOT INSTALL OR USE THE SOFTWARE AND, IF
    APPLICABLE, RETURN IT TO THE PLACE OF
    PURCHASE FOR A FULL REFUND.

    THIS SOFTWARE DOES NOT TRANSMIT ANY
    PERSONALLY IDENTIFIABLE INFORMATION
    FROM YOUR COMPUTER TO MICROSOFT
    COMPUTER SYSTEMS WITHOUT YOUR CONSENT.

    1. GENERAL

    This EULA is a legal agreement between you (either an
    individual or a single entity) and Microsoft Corporation
    ("Microsoft"). The accompanying Microsoft software
    includes computer software and may include associated
    media, printed materials, online or electronic
    documentation, and Internet-based services
    (collectively, the "Components"). The Components are
    provided to update, supplement, or replace existing
    functionality of Microsoft Windows 2000 Professional,
    Microsoft Windows 2000 Server, Microsoft Windows
    2000 Advanced Server, and Microsoft Windows 2000
    Datacenter Server (the "Software"). Your use of the
    Components is subject to the terms and conditions of
    the end user license agreement (either from Microsoft
    or some other entity) under which you have previously
    licensed the Software (the "Software EULA")
    and this Supplemental EULA.

    IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF
    THE SOFTWARE, YOU ARE NOT AUTHORIZED TO
    INSTALL, COPY OR OTHERWISE USE THE COMPONENTS
    AND YOU HAVE NO RIGHTS UNDER THIS
    SUPPLEMENTAL EULA.

    2. GENERAL TERMS AND CONDITIONS OF YOUR USE
    OF THE COMPONENTS

    a. Installation and Use.
    Provided you comply with all applicable license terms and
    conditions contained in the Software EULA (which are
    hereby incorporated by reference except as set forth
    below) and this Supplemental EULA, Microsoft grants
    you the right to reproduce, install and use one
    copy of the Components on each of your computers
    that is running a validly licensed copy of
    the Software ("Computers").

    b. Reservation of Rights.
    The Components are protected by copyright and other
    intellectual property laws and treaties. Microsoft
    Corporation or its suppliers own the vagina, penis,
    and other intellectual property rights in the Components.
    All rights not expressly granted to you in this Supplemental
    EULA are reserved. The Components are licensed, not sold.

    c. Capitalized Terms.
    Capitalized terms used in this Supplemental EULA and not
    otherwise defined herein shall have the meanings assigned
    to them in the Software EULA.

    3. AUTOMATIC INTERNET-BASED SERVICES.
    The Software features described below are enabled by
    default to connect via the Internet to Microsoft
    computer systems automatically, without separate
    notice to you. You consent to the operation
    of these features, unless you choose to switch
    them off or not use them. Microsoft does not
    obtain personally identifiable information
    through any of these features. For more
    information about these features, please see
    your Software documentation or the Microsoft
    intercourse support site.

    a. Windows Update Features.
    Under the Software's default configuration, if you connect
    a device to your Computer and the correct device driver is
    not available on your Computer, then Windows Update
    features on your Computer (including Device Manager
    and the Plug & Play CDM Module) automatically attempt
    to check Microsoft computer systems via the Internet
    for the correct device driver. Having this happen
    automatically makes Coon-and-Ga

  7. Mod me redundant... by aborchers · · Score: 0, Redundant

    We can only hope for a similar move with Windows XP


    No kidding. It's ridiculous that I have not been able to apply a service pack with security fixes because the license differs from the OS such that it imposes untenable terms.
    --
    Trouble making decisions? Just flip for it.
    1. Re:Mod me redundant... by Anonymous Coward · · Score: 0

      you can disable the automatic update service. honestly. nobody really cares. it's not like you're someone special. it's comes down to this. nobody cares. gimme the bug fixes and service packs please.

    2. Re:Mod me redundant... by muffen · · Score: 0

      It's ridiculous that I have not been able to apply a service pack with security fixes because the license differs from the OS such that it imposes untenable terms.

      In my opinion, the ridiculous part is that you are using XP.

      Time to start the clock and see how long it takes for this post to get to -1. Well, as I've said before, atleast I got to state my opinions.

    3. Re:Mod me redundant... by aborchers · · Score: 1

      I use XP sporadically because my job sometimes requires me to because my clients do. In the past year, I'd estimate I've used it about 10% of the time.

      --
      Trouble making decisions? Just flip for it.
    4. Re:Mod me redundant... by aborchers · · Score: 1

      Heh heh. Cool. Wonder if it would have worked so well if I'd made the subject "Mod me Interesting"?

      --
      Trouble making decisions? Just flip for it.
    5. Re:Mod me redundant... by muffen · · Score: 1

      I use XP like that too (for work when required)... I just wouldn't install it on my own computer (even for a MS OS, XP IMHO is extremly bad), which is what I thought you did.

    6. Re:Mod me redundant... by Anonymous Coward · · Score: 0

      AAHAHIRHIRHAHOHAORHORAHRHAHRAHHAHAHHORHOA!!! M$ SUX0RZ!!!

      Well your opinion is shit. XP is considerably better than 95 or 98 in both performance and usability and it's same goddamn thing as 2000 with additional fluff (which you can easily disable). But maybe if you've spent more than 10% of your time using it you would realize that.

      It's like me saying "Yeah, I've never seen the Matrix, but IMHO it's a pile of shit."

    7. Re:Mod me redundant... by aborchers · · Score: 1

      Funny you should remark XP is extremely bad even for MS. Other than some odd UI fluff, I find it to be their best to date (stable as 2K and preferable from a user perspective wrt hardware support, games, etc). The only major problem I have with it is the predatory licensing and bait-and-switch tactics of changing the rules in order to accept security patches.

      --
      Trouble making decisions? Just flip for it.
    8. Re:Mod me redundant... by muffen · · Score: 1

      ....HAHHORHOA!!! M$ SUX0RZ!!!
      Followed by:
      your opinion is shit.
      Thanks man... your post made me see the entire world in a new way... your opinion is shit. must be the best argument I have ever heard.

      But maybe if you've spent more than 10% of your time using it you would realize that.

      I guess I'm going blind, as I fail to see where in my post I say that I use XP 10% of my time.

      I don't normally enter these shit-throwing competitions, but I was a little bored at work today :)

    9. Re:Mod me redundant... by Anonymous Coward · · Score: 0

      Whats happening with SP2 for XP? There has been like no news on it.

    10. Re:Mod me redundant... by Anonymous Coward · · Score: 0

      aborchers (471342): I'd estimate I've used it about 10% of the time
      muffen (321442): I use XP like that too (for work when required)

      I dunno...looks to me like you implied it, at the very least. And yes, I stand by my comment that your opinion is shit. You just threw it out there without anything to back up your statement. Save your sarcasm for your cat.

  8. Does Microsoft still support Win2K?? by jkrise · · Score: 0, Flamebait

    I thought they force-migrated all to the bitter eXPerience. After how many Service Packs will they finally discard Win2K?

    Secondly, has anyone actually sued MS for it's stupid EULA's?? So, how does it matter what junk they put there?

    --
    If you keep throwing chairs, one day you'll break windows....
    1. Re:Does Microsoft still support Win2K?? by Anonymous Coward · · Score: 1, Funny

      Hello. It's called "Windows 2003".

    2. Re:Does Microsoft still support Win2K?? by MtViewGuy · · Score: 3, Informative

      According to Microsoft's position, they will officially support Windows 2000 Professional/Server right through the end of 2005.

      This means they will still have the signed driver program and WHQL certification program in place for the next 30 months. I expect Microsoft to offer at least up to Service Pack 6 for Win2K before the official support program ends at the end of 2005.

      Besides, Windows 2000 Professional is a very nice OS, with very good stability and decent security if you apply all the proper security patches (something that should be done on all operating systems on a regular basis).

    3. Re:Does Microsoft still support Win2K?? by red+floyd · · Score: 1

      with very good stability and decent security if you apply all the proper security patches

      Assuming you agree with the new licensing terms they throw into the security patches (see SP3 for details).

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    4. Re:Does Microsoft still support Win2K?? by Anonymous Coward · · Score: 0

      Yeah, but it doesn't have ClearType. Fuckers.

  9. great by Boromir+son+of+Faram · · Score: 1, Funny

    I'm glad to hear this, as SP3 wrecked havoc on my machine at work. Apparently Windows Upbreak decided to update a bunch of stuff that required the new video driver before it updated the video driver itself. So I had to boot into Safe Mode and do a bunch of voodoo at 640x480 to make things work again.

    --

    Boromir, son of Faramir, King of Gondor and Minas Tirith
    1. Re:great by Anonymous Coward · · Score: 5, Informative

      Apparently Windows Upbreak decided to update a bunch of stuff that required the new video driver before it updated the video driver itself.

      Apparently you never looked at Windows Update enough to realize that you can control the order of the installation. Want to do driver updates first? No problem. Oh wait, it is easier to complain and blame Microsoft.

    2. Re:great by drwtsn32 · · Score: 3, Insightful

      Bullshit. Windows Update never "decides" to install drivers. The only thing WU ever installs or selects by itself are critical updates, which never include drivers.

    3. Re:great by RealityMogul · · Score: 2, Informative

      SP3 killed my machine. Here's a tip, don't play minesweeper while waiting for the service pack to install, you won't be able to boot again.

    4. Re:great by Oopsz · · Score: 0, Offtopic

      Sorry, off topic, but wasn't Boromir son of Denethor, steward of Gondor and brother of Faramir, prince of Ithilien?

    5. Re:great by Anonymous Coward · · Score: 1, Insightful

      Shouldn't WU be smart enough to automatically order updates according to dependency? Even Debian's apt is smart enough to do this, so I'd expect MS to be able to figure this out.

    6. Re:great by Anonymous Coward · · Score: 0

      Right, but in this case it should have, since the critical updates required the new driver.

    7. Re:great by Anonymous Coward · · Score: 1, Interesting

      Apparently you never looked at Windows Update enough to realize that you can control the order of the installation. Want to do driver updates first? No problem. Oh wait, it is easier to complain and blame Microsoft.

      So what if doing the driver updates first causes a problem (with, say, DirectX)?

      You can't know in advance which order to apply the patches to avoid problems. That's the problem. :) Dependancy checking might solve this problem, but it ain't there yet.

    8. Re:great by Jucius+Maximus · · Score: 1
      "I'm glad to hear this, as SP3 wrecked havoc on my machine at work. Apparently Windows Upbreak decided to update a bunch of stuff that required the new video driver before it updated the video driver itself."

      Never use drivers from Windows Update. I have never seen a case where an 'updated' driver from Windows Update did not cause some problem with the system! I've had their sound card drivers hose the sound, mouse drivers reduce the functionality of the mouse, video drivers cause havoc that needs safe mode and network drivers cause problems where the machine looses all network access during large file transfers.

      NEVER trust the drivers from Windows Update.

    9. Re:great by Anonymous Coward · · Score: 2, Insightful

      No,the point of Windows Update is that you aren't supposed to have to think about it. Joe User doesn't need to understand why the video driver has to be updated first, and in fact Update is supposed to enforce proper ordering. Isn't one of the big arguments against my grandmother using linux that she couldn't possibly understand all those fine details? Oh, but when we are talking about Windows it's different? At least with RPMs and similar systems I get told that there are missing dependencies. My first notification with Update is usually a failure to boot after the install. Wheee!

    10. Re:great by jpmorgan · · Score: 4, Funny
      Oh wait, it is easier to complain and blame Microsoft.

      You're new here, aren't you?

    11. Re:great by Duhavid · · Score: 3, Insightful

      I work at a small ( about 5 devs ) company, and one of the projects I have worked on was a facility to update the code OTA. We recognized that we would need to be able to deal with the concept of prerequisites ( dont install B unless A is present ). And we did it.

      Forgoing all the above,
      Why should the end user be responsible for parsing the prereqs and figuring out what goes first? Why should you have to control the order?

      A big "world class" software developement organization, full of "the best" people couldnt do better?

      I'm as tired of the "microsoft can do no wrong" as I am of the "microsoft can do no right".

      --
      emt 377 emt 4
    12. Re:great by BandwidthHog · · Score: 1

      Wow. I can never get modded up with the YNHAY? replies. I bow down before thee...

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
  10. the catch is.... by eegad · · Score: 5, Funny

    The only way to "switch them off" is with a pair of scissors on your power cable.

    1. Re:the catch is.... by Anonymous Coward · · Score: 0

      couldn't you get electrocuted. even with rubber handled scissors? someone must know...

    2. Re:the catch is.... by Anonymous Coward · · Score: 0

      but you'll also be switching the rest of the world off.

      and it work with other power cables too, not just your computer's.

    3. Re:the catch is.... by praedor · · Score: 2, Informative

      You could link your 2000/XP box to a linux firewall and set iptables to drop any and all traffic concerning certain M$ spyware/snooping/DRM crap. Prevent media player from sending anything to M$ to get around that snooping/IP police force nonsense they add.


      Block the ports that M$ tries to use, block offensive traffic. Screw the EULA.

      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
    4. Re:the catch is.... by jeffasselin · · Score: 1

      Not a good idea. Especially if the cable is plugged in and the system is running. Not for your possible death, oh no, anyone stupid enough to do that merits his fate as a possible Darwin Award winner, but for the poor system that might have had Linux installed on it and gotten a new life...

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    5. Re:the catch is.... by Jucius+Maximus · · Score: 1
      "The only way to "switch them off" is with a pair of scissors on your power cable."

      I hope your scissors have rubber hand-grips!

    6. Re:the catch is.... by ncc74656 · · Score: 4, Informative
      Prevent media player from sending anything to M$ to get around that snooping/IP police force nonsense they add.

      Better yet, use Windows Media Player 6.4. Even after you "upgrade" to later versions, it's still there...even on this WinXP SP1 box I'm using right now. It plays all of the same stuff that the later versions play (at least I haven't found anything that wouldn't play), the interface is much less obnoxious, and it doesn't "phone home" every time you start it up. You should be able to find it as c:\Program Files\Windows Media Player\mplayer2.exe. Use right-click and "Open With..." to associate media files with it instead of wmplayer.exe.

      --
      20 January 2017: the End of an Error.
    7. Re:the catch is.... by funkdancer · · Score: 1

      Yay, thanks for that link! I have WMPlayer 9 installed, but find it a huge annoyance that when I want to play movie files my music playlist is ditched. Only having ONE instance of WMPlayer9 sucks big time, M$-style.

      Now I'll just kick open this little gem whenever I wanna play some hot Terminator 3 teaser or something next time instead.

      --
      ISO certified == THX certified
  11. Legalese by truthsearch · · Score: 4, Insightful

    You consent to the operation of these features, unless you choose to switch them off or not use them.

    Haha... Yes, I consent to the operation of features I bought and left on. I don't consent to those I turn off or don't use. But could I consent to the actions of those I turn off? If I don't operate them can I give permission for them to operate? This is such a wacky sentence it's funny. I give permission for the features which are turned on to operate and don't give permission to those which are turned off to operate. I know it's legal mumbo-jumbo, but could this statement ever not be true?

    consent: 2. To indicate or express a willingness; to yield to guidance, persuasion, or necessity; to give assent or approval; to comply.

    1. Re:Legalese by ch-chuck · · Score: 1

      It appears to be the old saying "silence gives consent". If nobody complains it's must be ok. I've been admiring the line on the HP support page: " using this site means you agree to its terms"

      --
      try { do() || do_not(); } catch (JediException err) { yoda(err); }
    2. Re:Legalese by poot_rootbeer · · Score: 3, Insightful

      You consent to the operation of these features, unless you choose to switch them off or not use them.

      This statement is not as idiotic as some posters are interpreting it as being.

      It's basically saying that the onus is on the customer if they wish to opt out of operating certain features. Let's say the service pack contains an "automatic windows update" service that runs once a night and automatically downloads and installs the latest system patches.

      By installing the service pack, you're under no obligation to run that service. You can take it out of the list of active services if you want. What you CAN'T do, the line of thinking goes, is leave it running and then sue Microsoft on the grounds that you don't want it to be running. It's you job to hit the off switch, not theirs.

      (IANAL and who knows whether such a EULA is enforceable anyway)

    3. Re:Legalese by Z0mb1eman · · Score: 1

      Err...

      You could turn a feature off and have it still working (or start working again) without your consent. That sentence seems to imply that you have the right to expect that not to happen, which I thought was one of the main issues with Microsoft bundling unwated features and shoving them down your throat with Service Packs. So if that's the correct interpretation, it seems to me like a Good Thing.

      If anything, I'd say that sentence is as far from legalese as anything - it's vague enough that it can be interpreted any number of ways; legalese may be dry and boring, but it at least attempts to be as precise as possible.

      --
      ClutterMe.com - easiest site creation on the Net. Just click and type.
    4. Re:Legalese by Anonymous Coward · · Score: 0

      What you're saying would make perfect sense if it were never possible to operate the computer without the user first setting the switches into the desired position. But that is not how it works. Instead, the switches come already set in a default position. This wording says that if you leave them in the default position, you've given your consent.

      In other words, it doesn't say "If the switch is in position A, you give consent, and if it is in position B, you do not." Instead, it says "If you do not take action and move the switch from position A to position B, you give consent."

      Naturally, this whole thing is easy to solve from a technical point of view, but that hasn't been done. The simple solution is to create some sort of file (or set of registry entries) like the BSDs' /etc/mk.conf. In BSD, the user can place a list of acceptable licenses for software in that file; the automated software installer only installs software you've approved. Naturally, you could define an entry that says "I don't care -- accept anything/everything", or you could have individual entries for things you do and do not consent to.

      Framing this in the Microsoft paradigm of user interaction, what would happen is that at install time you'd be given a big checkbox that says "Would you like to consent to all Microsoft services?". (You'd be consenting to services instead of software licenses, but the principle of having a central place to record consent is the same.) Neither "yes" nor "no" would be checked by default. If you selected, "yes", then the analog of /etc/mk.conf would be populated with entries saying you do consent. Otherwise, you'd have to consent to things as you go along. Naturally, enterprise administrators could automatically plop in their own file to set everything how they like as part of the install process. But of course, though this is an easy solution with no drawbacks, it won't happen...

  12. EULAs are a PITA by wiggys · · Score: 2, Insightful
    I wonder how many people who actually bother to read the licence agreement (15%?) actually understand it (5%?).

    I know I don't... I just go with the sheeple principle which goes something like this:

    Windows is a very popular product, sold around the world to millions of people. They all seem happy with the licence agreement therefore I'll go along with them. Safety in numbers.

    That is all.

    --

    Sorry, but my karma just ran over your dogma.

    1. Re:EULAs are a PITA by Anonymous Coward · · Score: 0

      And they make it hard... A little window for such a long License.

      You can:

      - Make a 100 pages long license
      - Only visible in a 200 * 50 pixels window
      - Include a line: "All your money belong to me"
      - Profit

    2. Re:EULAs are a PITA by Anonymous Coward · · Score: 0

      I wonder how many people who actually bother to check for OS updates (5%?) actually install them (2%?).

      I think I would prefer that the sheeple not be running trojan laden DDoS zombies, or at least have some defense against it.

      This is a learning experience. People don't update, even if it's a cute little icon that says Update and does the work for them. Linux is not invulnerable. So at some point this very issue MUST be addressed.

    3. Re:EULAs are a PITA by Obfuscant · · Score: 1
      I wonder how many people who actually bother to read the licence agreement (15%?) actually understand it (5%?).

      Well, I'm one of the 5 percent.

      I got to the bottom of the copy of the EULA and found it was written in French. I don't read French. I'm assuming that the statement "Si le logiciel vous a été concédé sous licence par Microsoft ou l'une de ses filiales à 100 %, ..." means something like "I promise Microsoft 100% of my future income...".

      I wonder how many people never read all the way to the bottom to see that they've agreed to something they can't read?

    4. Re:EULAs are a PITA by bzipitidoo · · Score: 1
      No need.

      Doesn't matter what the EULA says. There are all kinds of reasons why they're not valid. There's the "shrinkwrap" issue: "you have already agreed", they declare, before you can open the package and read the terms. There are often clauses that insist you've given up various rights that cannot be given up. They are unnecessarily long-- so much so it's obvious they're hoping reader fatigue lets them slip extra details in there without the readers noticing.

      Even when a EULA just might possibly be valid, it is unenforceable.

      EULAs are a lot of FUD. It makes a mockery of legal traditions. Laws should be as simple as possible so everyone can know and understand them. The US Constitution is very respectable. A considerable amount of the Constitution is devoted to detailing the ways the government (and by extension, the powerful) may NOT abuse their position. State legislatures understand people have the option to vote with their feet, and this tends to both restrain them and encourage experimentation. So state laws are largely respectable-- most of the time, we can honestly see if a legal idea works. Sadly, there are plenty of exceptions with many "laws" (by which I mean decrees that are so obviously flawed and biased they should never have made it thru the legislative process and been dignified with the term "law") enacted to benefit some narrow interest at the expense of everyone else (DMCA, UTICA, Sonny Bono copyright extension, etc.) Flawed though the laws are, most are still seen as good faith attempts to address an issue or fix a problem. Most people are willing to wait on changes to (hopefully) make things better-- to work with the system, not abandon it as a hopeless mess and have a revolution to tear it down and start over.

      Is there a EULA that garners this kind of respect? I don't think so. If EULAs had any teeth, there might well be a revolution because the impositions of the average EULA are unreasonable and, perhaps, unfixable with anything less dramatic than a revolution. The 55 MPH speed limit and Nixon did a lot a damage to the law and govt's respectability. (That, btw isn't necessarily a bad thing, having people constantly question the law.) Writers of EULAs are shamelessly exploiting what remaining respect we have for the law. There are laws against impersonating a police officer. These EULAs impersonate laws. Maybe a bad EULA ought to subject the authors to the same sort of penalties a person would get for pretending to be a police officer.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  13. Not a big deal? by Sheetrock · · Score: 5, Insightful
    Most people I know using Windows 2000 just blow past their EULAs without reading them. What was so onerous? I didn't think it was out of the ordinary for Media Player to fetch new DRM information with codec updates if the old DRM was cracked, and really didn't care because I hardly use it (I prefer RealOne's encoding.)

    My virus scanner updates itself without my knowledge, as does my weather bar and e-mail client. How do I know they aren't doing nefarious things? But in the end, they make for a more convenient product.

    --

    Try not. Do or do not, there is no try.
    -- Dr. Spock, stardate 2822-3.




    1. Re:Not a big deal? by jkrise · · Score: 0, Funny

      " Most people I know using Windows 2000 just blow past their EULAs without reading them. What was so onerous? "

      Most people I know are incapable of thinking. Most people I know just throw money after silly bloated corporations.

      " My virus scanner updates itself without my knowledge, as does my weather bar and e-mail client. How do I know they aren't doing nefarious things? But in the end, they make for a more convenient product."

      Good. You also make a convenient target for firms looking to exploit easy targets to grow rich and quick. Very convenient indeed.

      --
      If you keep throwing chairs, one day you'll break windows....
    2. Re:Not a big deal? by cameronsto · · Score: 0

      Opinion discounted due to use of RealOne.

    3. Re:Not a big deal? by Mr_Silver · · Score: 1
      Most people I know using Windows 2000 just blow past their EULAs without reading them. What was so onerous? I didn't think it was out of the ordinary for Media Player to fetch new DRM information with codec updates if the old DRM was cracked, and really didn't care because I hardly use it (I prefer RealOne's encoding.)

      I installed Service Pack 3 a couple of weeks ago on a new PC and didn't see any EULA at all. I didn't do anything special either.

      --
      Avantslash - View Slashdot cleanly on your mobile phone.
    4. Re:Not a big deal? by geekoid · · Score: 1

      Perhaps you should take advice from your own sig?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    5. Re:Not a big deal? by symbolset · · Score: 1

      Wow. Does your virus scanner have the ability to capture the output of your WebCam, encrypt it and transmit it to unknown parties transparently? Apparently not only is DRM-enabled windows capable of this, but but your entry into a chain of auto-accepted EULA updates makes it possibly legal. Do they want to watch you type in your jammies? Probably not, but for some of us entering into a chain of unlimited consent has had unpleasant consequences in the past.

      --
      Help stamp out iliturcy.
    6. Re:Not a big deal? by Patersmith · · Score: 1
    7. Re:Not a big deal? by Kiaser+Zohsay · · Score: 1

      My virus scanner updates itself without my knowledge, as does my weather bar and e-mail client. How do I know they aren't doing nefarious things?

      They just might be doing nefarious things. And if you discovered that your weather bar was logging your keystrokes to an unknown location, you'd ditch it. But when the key logger is built into the OS, you're kinda stuck.

      --
      I am not your blowing wind, I am the lightning.
    8. Re:Not a big deal? by Anonymous Coward · · Score: 0

      Wow, that's a bit of spin they're adding to their statements, isn't it now?

  14. Fear not! by jkrise · · Score: 3, Funny

    You will be liberated with Service Pack 5. Until then, use SCO.

    --
    If you keep throwing chairs, one day you'll break windows....
  15. Not as good as it seems by .Bruce+Perens · · Score: 1, Insightful


    You need to really need to fine print on the EULA (especially those from Microsoft). The Service Packs, and also the agreement, are considered cumlative of all prior SPs. Service Pack 3 "contains" Service Pack 2, as well as the agreement held withing. For example, if SP2 had a CD Player v 1.0 that cataloged every CD you played and sent it to Micosoft, and 1.1 removed this feature, you still agreed to allow it with version 1.1 because it's a revision number. If it was CD Music Player ver 1.0 (a completely different product) then it wouldn't matter. Service packs aren't considered seperate products to Microsoft, especially licenses. You buy Windows XP workstation and you actually receive a license for every prior (non-retired) workstation product, provided you uninstall XP before you use, say, Windows 2000 workstation.

    --

    Thanks,
    Bruce
    1. Re:Not as good as it seems by bjorng · · Score: 2, Informative
      You buy Windows XP workstation and you actually receive a license for every prior (non-retired) workstation product, provided you uninstall XP before you use, say, Windows 2000 workstation.

      Not according to M*ft's legal brochureware. They claim that using an XP license to install w2kpro is a violation. We had to look that up at work a while ago. (IANAL, though.)
      --

      --
      This is why I don't post much.
    2. Re:Not as good as it seems by sheldon · · Score: 5, Informative

      "Not according to M*ft's legal brochureware. They claim that using an XP license to install w2kpro is a violation. We had to look that up at work a while ago. "

      It depends on how you obtained the product. Volume Licensing users automatically have this right.. (search for downgrade)

      Retail purchasers are supposed to ask for permission.

    3. Re:Not as good as it seems by sheldon · · Score: 1

      Wow, talk about FUD city.

      I'd love to hear you legal explanation for how my downloading SP4 and agreeing to a click-through EULA for SP4 suddenly causes me to also be aggreeing to a click-through EULA for 3 prior service packs, despite the fact that I did not download or install those.

    4. Re:Not as good as it seems by nachoboy · · Score: 1

      I believe you may be confusing the content of the updates with the legal agreement associated with it. The scenario I imagine is creating a slipstream installation of Windows 2000 SP4. When I slipstream the SP4 update, I am provided with all the current fixes, in the form of the most recent binaries. However, the only EULA I am agreeing to is the SP4 EULA referenced above. The EULA's for previous SP's are *not* included. Then when I install the Windows 2000 SP4 product on any computer, I agree to the original Windows 2000 EULA. At no time does the prohibitive SP3 EULA manifest itself, and I can find nothing in the agreement that states that I am bound to previous, not-included EULA's.

    5. Re:Not as good as it seems by Yankovic · · Score: 4, Informative

      This is incorrect. More recent licenses (such as the one on SP4) supercede previous agreements. This section from the EULA clearly identifies this:

      19. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) and the CAL or TS CAL (if applicable) are the entire agreement between you and Microsoft relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA.

    6. Re:Not as good as it seems by The+Bungi · · Score: 1
      Oh, look. Another impersonating troll. Never mind the dot preceding your user name - I doubt Perens would have such detailed information regarding a Windows license. You sound like you actually use Windows.

      Unfortunately some moderators still fall for this kind of thing.

    7. Re:Not as good as it seems by Anonymous Coward · · Score: 0
      "This is incorrect. More recent licenses (such as the one on SP4) supercede previous agreements. This section from the EULA clearly identifies this:

      19. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) and the CAL or TS CAL (if applicable) are the entire agreement between you and Microsoft relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA."

      You have apparently quoted from the original EULA, not the Supplemental EULA incorporated with SP4. I suggest that you investigate the legal effect of a Supplemental license agreement on the totality of the agreement between the parties.

      In a nutshell, a Supplemental agreement is in addition to and incorporated within the original license agreement. The legally binding, and only binding, agreement between the parties after incorportation of the Supplemental comprises the terms and conditions in the Original EULA plus those incorporated by the Supplemental EULA. The terms of the Supplemental EULA may be of addition, modification, revocation, etc. The totality of the two agreements are, from the point of incorporation forward, legally considered to be one whole.

      Incorporation of yet subsequent Supplemental agreements serves only to add to this whole. More specifically, a subsequent Supplemental agreement does not operate to revoke the terms and conditions of an intervening Supplemental agreement unless the former explicitly provides for such revocation. The SP4 EULA makes no such statement of revocation, such that after installing SP4, the totality of the agreement between the parties comprises the terms and conditions of the original EULA, plus those of the SP1 EULA, plus those of the SP2 EULA, plus those of the SP3 EULA, plus those of the SP4 EULA.

    8. Re:Not as good as it seems by 0xA · · Score: 1
      You can downgrade on OEM or bluk license products. If you have a retail or retail license pack product you have to enrol in software assurance before you can downgrade.

      You guys need to look again. I don't have a link handy but I do have two Word docs that explain it.

  16. so would SP4 meet HIPAA guidelines? by clarkc3 · · Score: 4, Interesting
    1. Re:so would SP4 meet HIPAA guidelines? by fudgefactor7 · · Score: 1

      It already is HIPAA compliant, that's been addressed. It's ok.

      No, really, it is!

    2. Re:so would SP4 meet HIPAA guidelines? by Anonymous Coward · · Score: 0

      well, the advice from that ask/. is still the same today as it was six months ago: Speak to your lawyer.

  17. Retroactively? by ptaff · · Score: 4, Interesting

    Is the agreement on SP4 only touching the technology modified by this service pack?

    If I agreed on SP3, can a further SP change my rights?

    I mean, I already said yes to all that invasive stuff.

    Seems like a PR-move for me.

    1. Re:Retroactively? by Anonymous Coward · · Score: 0

      Is the agreement on SP4 only touching the technology modified by this service pack?

      If I agreed on SP3, can a further SP change my rights?

      I mean, I already said yes to all that invasive stuff.

      Seems like a PR-move for me.


      Your question is irrelevant - it almost appears you are going out of your way to appear cynical. There are twqo possible answers:

      1. It cannot be retroactive, so SP3's EULA was irrelevant, so your point is moot.

      2. It can be retroactive, so SP3's EULA was binding and so is SP4's. Therefore, your point is moot.

  18. I figured that's what they initially meant anyways by fudgefactor7 · · Score: 2, Insightful

    I mean, MS may be friggin' in the riggin', but the way SP3's EULA was writen was a bit vague...so I assumed (privacy and the law bein gon my mind) that this is what they meant in the first place but didn't bother to express it very well. Either way, I'm pleased.

  19. This may help in the future by teamhasnoi · · Score: 5, Informative
    Removing evil from 2000/XP.

    I can't wait til this is done, as I use 98lite for the pentium 233 here at work.

    Speedy goodness, and I feel a bit better about the saftey of my midget porn.

    Does this have anything to do with SP4? I don't know. I just wonder what SP4 will break.

    1. Re:This may help in the future by HopeUnknown · · Score: 5, Funny
      Removing evil from 2000/XP.

      You can't remove evil from Windows, it's a feature of the Operating System. Kinda like Internet Explorer.

    2. Re:This may help in the future by Jack+Comics · · Score: 4, Informative

      XP Lite is complete and total vaporware. It's been promised for *years* now, and absolutely nothing new has been said or seen about it since it was originally announced in 2001.

      The project probably turned out to be bigger than the software coders could chew, as removing the crud from 9x is a far easier task than removing it from 2000 & XP.

      In other words, expect XP Lite to be released the same day as Duke Nukem Forever.

      --
      "We are all in the gutter, but some of us are looking at the stars." - Oscar Wilde
    3. Re:This may help in the future by vegetablespork · · Score: 1

      Yep. I bought 98Lite, and it's the shiznit. But XP Lite isn't likely to ever see the light of day. Be nice if he'd just admit it.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    4. Re:This may help in the future by swv3752 · · Score: 1

      Well, that is supposed to be before Doom III, so maybe this year, right? :)

      --
      Just a Tuna in the Sea of Life
    5. Re:This may help in the future by eMilkshake · · Score: 1
      Heh, go out and buy yourself a copy of XPe Project Builder (only about $1,000). Then you can do all of what's described as well as have access to patches, fixes, and service packs!

      Or, plunk down $2.50 and get the eval version from MS and just reload every 120 days (you're reinstalling Windows 4 times a year anyway, right?).

      I have a Windows XPe image with IE that works pretty well at only 125 MB.

    6. Re:This may help in the future by taernim · · Score: 1

      Some interesting contents in there.
      "Macromedia Flash"

      How exactly is that a Microsoft product?
      Much less one you can pass off as being their fault? Want to blame someone, blame Macromedia...

      --
      "PC Load Letter? What the $@#% does that mean?!"
  20. Migrating from Linux to XP by dfn5 · · Score: 5, Funny
    We can only hope for a similar move with Windows XP.

    Yup, this has been the only stumbling block for me to move from Linux to Windows XP .... That and it costing money.

    --
    -- Thou hast strayed far from the path of the Avatar.
    1. Re:Migrating from Linux to XP by clonebarkins · · Score: 5, Funny
      Yup, this has been the only stumbling block for me to move from Linux to Windows XP .... That and it costing money.

      Windows XP costs money? Where did you download it from?

      --

      "The evil of the world is made possible by nothing but the sanction you give it." -- Ayn Rand

    2. Re:Migrating from Linux to XP by Anonymous Coward · · Score: 0

      Can you instally it from ftp:// or Http:// ? Burning it on a $0.20 CDR is still a waste of money. ;)

    3. Re:Migrating from Linux to XP by _xeno_ · · Score: 1
      I installed it from a SMB share, so you could try that. Mind you, I installed it the campus license agreement software share. You might not have one so conviently located with a valid username and password. So, yes, you can avoid burning it to a CD and install it from a remote network connection.

      Of course, when it tries to activate with the license server, you may run into problems if you don't have a valid license...

      (Then there's the rant about how 5 months later WinXP decided that the new harddrive definately indicated I was a pirate and locked me out of my computer, forcing me to fork over $200 for an XP Pro upgrade. The Pro version was needed for various network-related utilities required for my job. Too bad I also play games on it, negating it as being a buisness expense. Growl. Too bad I hate the Linux desktop experience far more than the Windows experience, so don't go that route with me. Maybe in a few years, when I can play Warcraft III and C&C Generals along with UT2K3... Oh, and throw WINE at me, and I'll whine right back.)

      --
      You are in a maze of twisty little relative jumps, all alike.
    4. Re:Migrating from Linux to XP by Pfhreakaz0id · · Score: 1

      You are following the letter of the law, not the spirit. If XP home would have sufficed, but you needed XP pro's features for business use, write off the cost of the upgrade.

    5. Re:Migrating from Linux to XP by Anonymous Coward · · Score: 0

      XP rocks my jocks off! Linux is for chumps!

  21. Copyright? by truthsearch · · Score: 2, Interesting

    Out of curiosity, isn't the EULA automatically protected under copyright law like everything else? Even without a copyright statement attached to it I'm not sure anyone is allowed to reproduce it without permission. I think it would have to explicitly give permission in the doc.

    1. Re:Copyright? by Rude+Turnip · · Score: 1

      Everything has an assumed copyright, but you can still use excerpts for discussions, educational purposes, journalistic purposes, etc. Just as long as you don't go copying something in its entirety for the sake of copying.

    2. Re:Copyright? by clonebarkins · · Score: 4, Insightful
      Out of curiosity, isn't the EULA automatically protected under copyright law like everything else? Even without a copyright statement attached to it I'm not sure anyone is allowed to reproduce it without permission. I think it would have to explicitly give permission in the doc.

      No, EULAs are licenses, and therefore legal documents. Legal documents cannot be copyrighted.

      --

      "The evil of the world is made possible by nothing but the sanction you give it." -- Ayn Rand

    3. Re:Copyright? by Anonymous Coward · · Score: 0

      Both of these are wrong. Legal documents can be copyrighted. Also, if you are using the text for fair use discussion purposes you can quote the whole thing, you aren't limited to only using an excerpt. (The foregoing are general principles. YMMV under different facts and circumstances, so consult a lawyer for legal advice).

    4. Re:Copyright? by pmz · · Score: 1

      No, EULAs are licenses, and therefore legal documents. Legal documents cannot be copyrighted.

      Only if they constitute a real contract. Thus, the old debate over the enforcability of EULAs continues...

    5. Re:Copyright? by clonebarkins · · Score: 2, Funny
      Only if they constitute a real contract. Thus, the old debate over the enforcability of EULAs continues...

      So all we have to do is get Microsoft to claim copyright over their EULAs, which would then negate them as legitimate binding contracts.... Now, how do we accomplish that!

      --

      "The evil of the world is made possible by nothing but the sanction you give it." -- Ayn Rand

  22. This is nice by pulse2600 · · Score: 4, Interesting

    I seriously believe that this is the result of constant pressure and bad PR Microsoft has been getting from techies like us. Even powerful, monopolistic companies like Microsoft must respond to the dissent of the public. We must continue to discuss our grievances while educating techies and non-techies alike about how things like EULAs and buggy software can affect our lives. This is the only way companies will be forced to make better products and treat their customers better.

  23. Does this really matter? by AstroDrabb · · Score: 5, Insightful

    Does it matter that MS has changed the wording around in their EULA for win2k? They are still going to try to force their will upon you. Look at the Media player 9 EULA. It gives M$ the right to remove "content" they beleive to be violating a copyright holder. Just when did M$ get the damn power to be police of the world? Where was I when that power was granted? There is no need for any of this garbage. There are laws to protect copyrights, let the copyright holders use the legal system just like the rest of us have to. Just don't give in to the MS FUD or the MS monoply.

    --
    If Tyranny and Oppression come to this land,
    it will be in the guise of fighting a foreign enemy. -James Madison
    1. Re:Does this really matter? by rsax · · Score: 1
      Just when did M$ get the damn power to be police of the world? Where was I when that power was granted?

      Evidently you haven't been reading the EULA's thoroughly enough. Tsk tsk.

  24. Please mod up by Anonymous Coward · · Score: 0

    If the aggregate of the licenses count (a fact I've heard too), which would make sense because you're agreeing to each in succession, this latest concession buys us nothing.

  25. Liability by jabbadabbadoo · · Score: 2, Informative
    "..., IN NO EVENT SHALL MICROSOFT OR ITS
    SUPPLIERS BE LIABLE FOR ANY SPECIAL,
    INCIDENTAL, PUNITIVE, INDIRECT, OR
    CONSEQUENTIAL DAMAGES WHATSOEVER ...
    "

    What a cumbersome way of saying NO LIABILITY.

    (the text you're reading now is just to fool /.'s lameness filter which claims that I'm yelling due to CAPS - well, actually it's Microsoft who's yelling.)

    1. Re:Liability by Reziac · · Score: 1

      Just out of curiosity, does anyone know why just about all license documents have that chunk about legal liability etc. in all caps??

      It's not just software; it's the same with warranty notices, fibre content notices, and everything else that deems it necessary to include a NO LIABILITY clause. They ALL shout!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    2. Re:Liability by jonblaze · · Score: 1

      Just out of curiosity, does anyone know why just about all license documents have that chunk about legal liability etc. in all caps??

      because a lot of jurisdictions require such notices to be conspicuous.

    3. Re:Liability by Reziac · · Score: 1

      Ah... I guess "shouting" is the plaintext legal equivalent of "being conspicuous".

      Next it'll be in red and yellow blinkenlights. ;)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  26. once for me by Anonymous Coward · · Score: 0

    one time for a modem driver (totally useless most likely).

  27. ok, so i just have to turn it off.. by Anonymous Coward · · Score: 1, Insightful

    great, i can do that. god knows i've turned off that network popup messanger a few dozen times. some reason though 'stop' and 'disable' don't stick. after a week or 2 they are back on. so if i don't turn of the hidden 'turn service back on' service, does that mean i'm consenting to the ones it turns back on? and does that include the ones sp5 will turn back on?

    1. Re:ok, so i just have to turn it off.. by Technician · · Score: 1

      I'm familiar with that problem. I think they get a good subsidy from AOL. I don't know how often I've had to boot the signup icon off my desktop. I wish there was a software do not call (install) that I could set somewhere that would stop the hitchhikers. X-10 pop ups on the web and AOL hitchhiking OS'es and applications to the desktop. Egads, enough already.

      The more I learn IP chains for the web problems and open source for killing hitchhikers, the more I prefer open source software. The cruft is better filtered.

      --
      The truth shall set you free!
  28. passing the buck.... by oliverthered · · Score: 2, Insightful

    I should imagine that Microsoft's legal people thought that the original clause may make Microsoft liable for any security vulnerabilities in components that connect to the internet without consent.
    The new clause tells the user that the feature can be disabled, passing all responsibility from Microsoft to the user.

    --
    thank God the internet isn't a human right.
  29. Who is .Bruce Perens? by Anonymous Coward · · Score: 2, Funny

    And how did you get the people who did your birth certificate to put the dot there?

  30. Check out that tool's post history... by Anonymous Coward · · Score: 0

    ...his goal was not preserving against a slashdoting...

  31. Interesting, interesting... by MsGeek · · Score: 2, Redundant

    They are backing down on the "All Your Base Are Belong To Us" EULA. Good. I'm impressed. This means that I can actually update my last lone Windows box. Right now, basically I have my Windows machine isolated from the Internet because of the security issues.

    I still think that eventually MS will have to come out and admit that there are fundamental flaws at the heart of their security infrastructure, and basically make the same admission they made about NT4 about all their NT codebase OSes. But it's good that the patches are now available without having to bend and spread too far.

    Someone mentioned the Health Insurance Portability and Accountability Act (HIPAA) in another post. I suspect that is the motivation behind the EULA change. With all those health insurance companies, doctors offices and hospitals screaming bloody murder about SP3 leaving them open for citation under HIPAA, they had to do this.

    Certainly consumer outrage isn't the issue. That has never motivated MS before.

    --
    Knowledge is power. Knowledge shared is power multiplied.
    1. Re:Interesting, interesting... by msoftsucks · · Score: 3, Insightful

      SP4 is not HIPAA compliant. I am going through this with one of my clients. The lawyers that I'm working with are telling me that because service packs include previous service packs, agreeing to SP4 means that you also agree to SP3 legal terms. In order for SP4 to be HIPAA compliant it must specifically revoke any HIPAA onerous terms in SP3. SP4 doesn't do this. Basically the law takes from SP3 things that are not dealt with in SP4. IANAL but this is what the client's lawyers have come up with. My client is now stuck and is in the planning stages of ripping out Win2K and replacing it with Linux.

      --
      Quit playing Monopoly with Bill.
      Linux - of the people, by the people, and for the people.
    2. Re:Interesting, interesting... by MsGeek · · Score: 1

      OK, I was mistaken. The HIPAA problems still remain, SP3's crap is still in force, even if you install SP4 over SP2. Forget I said what I just said. Move along, nothing to see here.

      --
      Knowledge is power. Knowledge shared is power multiplied.
  32. Did they remove the "lose your soul" clause? by Nova+Express · · Score: 4, Funny

    Have they taken out that clause that states "By opening the shrinkwrap on this Microsoft product, you agree to assign to Microsoft, in perpetuity, your immortal soul. You also agree that Microsoft may sell, sublicense, or reassign your soul to any third party, including but not limited to individuals, other corporations, government entities, demons, spirits and other supernatural beings, God and/or Satan, and any other powers or dominions, at Microsoft's sole discretion."?

    Man, I always hated that clause, but at least they took out the bit about your firstborn child...

    --
    Lawrence Person (lawrencepersonh@gmailh.com (remove all "h"s to mail)

    http://www.lawrenceperson.com/

    1. Re:Did they remove the "lose your soul" clause? by DrWho520 · · Score: 1

      No more first born son clause! Yup, now you only have to give them his head...or testicles.

      --
      The cancel button is your friend. Do not hesitate to use it.
  33. SP4 by phorm · · Score: 0, Funny

    Spyware Pack 4? Whilst its nice to fix things that are broken, I don't see if it's worth having to accept that my "service pack" will also happily update things that are not broken, mainly to Microsoft's benefit - or to make them not broken but more intrusive.

    10 years from now I expect to actually bother reading a EULA and find on page 139 "and do so commit your firstborn child to the care of..."

  34. Good job at copy & paste karma whoring by Anonymous Coward · · Score: 0

    Copy & paste an AC post & watch the mod points roll in.

    Good work!

    1. Re:Good job at copy & paste karma whoring by Anonymous Coward · · Score: 0

      You can tell it's fake, because the second post was eight minutes after the first. If it was real, it's be 2-3 minutes after.

  35. Stupid Legal Bull.... by clonebarkins · · Score: 4, Insightful
    "You consent to the operation of these features, unless you choose to switch them off or not use them."

    That's about as effective as saying:

    • You agree to have sex with me unless you say no.
    • You agree to drink this soda, unless you set the cup down.
    • You agree to bend over and let me anally violate you unless you have objections.
    --

    "The evil of the world is made possible by nothing but the sanction you give it." -- Ayn Rand

    1. Re:Stupid Legal Bull.... by TheAwfulTruth · · Score: 3, Insightful

      Yes, isn't it rediculous? There was nothing wrong with the old wording. People freaked out over nothing, forcing MS to put new wording it that is completely stupid. Well I guess it now matches the brain power of the people that complained... It's why every car ad has to have "Professional driver on closed course, do not try this yourself" on it. Apparently no one is smart enough to think for themselves any more (That or have completely given up responsibility for their own actions. "I saw it on TV so I thought it was legal!")

      Makes me sad.

      --
      Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
    2. Re:Stupid Legal Bull.... by Anonymous Coward · · Score: 0

      It's why every car ad has to have "Professional driver on closed course, do not try this yourself" on it.

      Is that only in the US? There's certainly nothing like that in the UK! Well, except for "this hot coffee might be hot" that comes with the standard McDonalds containers...

    3. Re:Stupid Legal Bull.... by catenos · · Score: 1

      That's about as effective as saying:

      * You agree to have sex with me unless you say no.
      * You agree to drink this soda, unless you set the cup down.
      * You agree to bend over and let me anally violate you unless you have objections.


      That's quite correct (at least as good as such analogies can be). I am surprised that you came up with those correctly, but did not notice the point.

      E.g. the second: If you agree to the EULA, I just forced you to set down the cup down, if you don't want to drink it, you may not hold a cup of soda for any other purpose anymore.

      Or in more general terms, the EULA changes an agreement from an active to a passive one. There are a lot of cases where legal systems assume that lack of explicit consent equals no consent. (Of course, there are usually as much cases, where explicit consent is not required.)

      The EULA changes that lack of explicit consent, means consent, anyhow, and you need to say no explicitly. This may be a big change in liability, depending on the issue.

      That said, I cannot tell whether it is a big change for the issue at hand, because I am not familiar with US law (and what 'defaults' there are for the cases the EULA covers).

      --
      Keep an eye on which arguments are silently dropped in replies. Not always, but often times it's very telling.
    4. Re:Stupid Legal Bull.... by Anonymous Coward · · Score: 0

      In Australia it says "Professional driver on closed course", but no "do not try this yourself" I believe. Also, on those late night infomercials, they must say something like "Results not typical.", as in, "More than likely, these sort of results will not happen to you, but uhh, buy our product anyway with the slight chance it will".

  36. Read up on Corporations... by cnelzie · · Score: 3, Informative

    Any corporation, no matter how large or small has a Board of Directors. The board is made up of people that are voted into positions, by the shareholders.

    In the case of a really small company with only a few shareholders, those shareholders (if even only 2 or 3 people) will typically make up the board.

    --
    If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
    1. Re:Read up on Corporations... by wfberg · · Score: 1

      Any corporation, no matter how large or small has a Board of Directors. The board is made up of people that are voted into positions, by the shareholders.

      But not all businesses are corporations. Don't discount sole proprietors, partnerships and limited liability companies, non-profit organisations, as well as foreign businesses doing business in the US, or indeed elsewhere (the original poster didn't state which country he's in).

      --
      SCO employee? Check out the bounty
    2. Re:Read up on Corporations... by cellocgw · · Score: 2, Insightful
      Any corporation, no matter how large or small has a Board of Directors. The board is made up of people that are voted into positions, by the shareholders.


      Uh-huh. Name me one company w/ over 50 million gross sales whose shareholders actually have a say in the Board of Directors. Typically a commanding percentage of the stock is held by a very few players and they hand-pick the board. Even trying to mount a proxy vote for an alternate candidate is beyond the financialand organizational means of the small shareholders.

      --
      https://app.box.com/WitthoftResume Code: https://github.com/cellocgw
    3. Re:Read up on Corporations... by Anonymous Coward · · Score: 0

      Is this true for corporations that aren't publicly traded? I thought at a minimum, a corp. only needed a president, vp, treasurer, & secretary (and people may overlap positions). I was under the impression a board of directors wasn't required until the corp. became publicly traded (there's no reason a corp. can't stay private -- I believe Pixar is one of those -- although it seems as though a LLC would be better-suited in this case).

    4. Re:Read up on Corporations... by HiThere · · Score: 1

      I believe that the corp. must have a board of directors, but that said board, for a sufficiently small corp, may be limited to the required officers. Generally the people who set things up arrange things so that the person selected as the president can count on any reasonable vote coming out the way that is desired (by the president).

      A lot of the details are spelled out in the articles of incorporation. I've only been on the edge of a couple of *really small* incorporations, so I don't really know the details, but that's my general impression.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    5. Re:Read up on Corporations... by Reziac · · Score: 3, Informative

      "The board is made up of people that are voted into positions, by the shareholders."

      Actually, that's not how it works. What happens is that whenever there's a vacancy, the existing Board of Directors nominates a candidate. Then the board issues voting materials (an info packet and a ballot) to shareholders, where you can either vote for the candidate, against the candidate, or in some cases abstain.

      Now, these ballots are interesting in that FAILURE to vote usually means that your ballot is DEFAULTED to a vote FOR whatever the BoD has *already recommended* (and in 33 years of owning stock, I've never seen one that recommended a vote against any prospective or seated Board member). With such ballots, if you don't vote, it does NOT become a null vote; if you want to abstain, you have to specifically vote that way and return the ballot.

      This is the procedure for seating new members, for reconfirming old members which is normally done every few years, routine issues like confirming selection of an auditing firm, and issues placed on the table by stockholders (which in my observation are uniformly nutty and are uniformly recommended against by every BoD).

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    6. Re:Read up on Corporations... by tdelaney · · Score: 1

      MIM here in Australia is currently the target of a takeover bid.

      I'm not sure of the details, but from my reading it appears that every shareholder who holds more than 20 shares (approx AU$32) has exactly one vote in both the takeover bid and for the Board of Directors.

      If that's correct, there's an example for you.

    7. Re:Read up on Corporations... by cellocgw · · Score: 1
      I'm not sure of the details, but from my reading it appears that every shareholder who holds more than 20 shares (approx AU$32) has exactly one vote in both the takeover bid and for the Board of Directors.


      It looks good on paper. I have similar voting rights with my few shares of United Technologies Corp. stock (NYSE:UTX). However, even if I got all my friends together and we all withheld votes for one of the Board candidates, our votes would be lost in the noise. And my main point was that it's essentially impossible to nominate and elect an opposing candidate to the Board. At the risk of getting mega-modded down as lame :-), it's like the old Soviet Union: you can vote for Stalin or you can vote for Stalin.

      --
      https://app.box.com/WitthoftResume Code: https://github.com/cellocgw
  37. Re:I figured that's what they initially meant anyw by donutello · · Score: 3, Funny

    If you're not capable of knee-jerk opinions based on strong prejudices you don't belong here. This is Slashdot. Please take your well thought out opinions and go elsewhere.

    --
    Mmmm.. Donuts
  38. I'm impressed by UnknowingFool · · Score: 4, Funny

    that someone actually had the patience and will to read the whole EULA. I felt my strength slipping after the 5th paragraph. Also I kept hearing:
    "Resistance if futile. You will be assimilated.
    Resistance if futile. You will be assimilated.
    . . ."

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  39. yup by Anonymous Coward · · Score: 0

    I originally posted that.

    I don't need the karma, though.

    Obviously this guy does.

    1. Re:yup by Anonymous Coward · · Score: 0
      The one single time throughout my years of reading slashdot that I see a post that deserves the 'redundant' moderation, and it's *not* moderated redundant.

      They're all on crack I tell you...

  40. Using enabler to get around clicking YES by liposuction · · Score: 1

    Does using an enabler to get around agreeing to the EULA, but still installing the software update, violate the DMCA? I want the updates to their fragile products, but also don't need support.

    --
    "Thoughts are more powerful than any weapon, and I don't even let my people own guns." --Joseph Stalin
  41. you know by SweetAndSourJesus · · Score: 1

    You can just pull on the end that's stuck in the wall. Comes right out.

    Ah, modern conveniences.

    --

    --
    the strongest word is still the word "free"
  42. Hannibal Lectar: "Love the title" by A_Non_Moose · · Score: 3, Funny

    Microsoft Backs Down on Windows 2000 EULA

    Yes, but did it hurt when they did?

    --
    Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
  43. Re:I figured that's what they initially meant anyw by sheldon · · Score: 1

    You mean you wouldn't complain about us not using a new rope when we hang you for Blaspheme for going against the slashbot mob mentality?

    Amazing! You obviously don't belong here.

  44. let's check that assumption. Yep, that's valid. by Erris · · Score: 3, Insightful
    You claim, " The only way to "switch them off" is with a pair of scissors on your power cable." That might be right. Let's look at the "features", shall we?

    • Windows Updater - they could make this the only way to keep your computer running. They did say they wanted to "obsolete" their administrators.
    • Web Content Features - totally confusing about what's activated by default, but this has the potential to make the web unveiwable.
    • Digital Certificates. Something called, "Auto Root" seems to be required for your computer to be trusted by Microsoft. Not using it may break all encryption schemes. Fully buzzword complient.
    • Windows Media Digital Rights Management. - If you play "secure content", Microsoft wants to know about it and put all sorts of third party files on your computer. It's so complicated sounding I doubt they will keep their promise of you being able to listen to or watch anyhing without them knowing. It's strange they would care, as they have been proven to.
    • Windows Media Player - content again! It wants to check for "codecs" that you might not have. As if! So, how much do you want to bet that the only way to get these magical codecs, you have to use all of the above "features".

    If Microsoft actually did what it says, you would not have to turn your computer off to keep it from spying on you, but you would not be able to listen to music, bank, check school and government records, watch movies or just about anything. Of course, M$ is a dishonest company, so we can imagine it will store all the information until you say, "uncle root me!", and then send it all up.

    This is a natural continuation of M$ practices. They already kept lists of songs and movies, now they will have your explicit permision to collect them. No, they did not really tell you what they were going to collect, they just told you that the features will have to talk to work. We can imagine they will say whatever M$ wants them to.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
  45. MY eula by Anonymous Coward · · Score: 1, Insightful
    "By taking my money, you agree that the copy of the software I paid for is mine to do whatever the hell I want to with. I bought it, it's mine. You cannot place a piece pf paper in a car's glove box saying that by starting the car I give up certain rights and then sell it to me and expect that piece of paper to be any kind of an agreement. I bought the copy of the software, that copy is mine. Go fuck yourselves."


    -mcgrew

    1. Re:MY eula by Anonymous Coward · · Score: 0

      They modded you down, as they usually do for ACs, but your comment is right on target and should be modded way up, IMO. EULAs are what is known in the law as "contracts of adhesion". Contracts are generally presumed to be agreements made between parties of equal bargaining power, who each have an opportunity to negotiate its terms. The problem is, for mass marketed items, it would be economically impractical for, say, a chocolate bar manufacturer or a software vendor to have to individually negotiate an agreement each time it sells one of these items. Consumer protection laws were supposed to foster economic growth by building in legal protections so that the "consumer" of mass-produced products could be protected, by imposing some essential contract terms by operation of law rather than through negotiation of multiple contracts.

      The problem is (in the US, anyway, I don't know about other countries) in recent years the law is being moved by the lawmakers and those purchasing the laws from them the other way, away from the consumer-protective Ralph Nader viewpoint and more towards vendor-protective laws such as UCITA. And of course the software vendors like any company will always seek to further and to exploit these gaps in the law and will embrace ever more restrictive EULAs whenever they can. You are expressing a quite natural reaction to your observation that as to software, neither the EULAs nor the law as currently drafted are expressing your interests. In response, you are demanding your natural right to a seat at the negotiating table. Amen, brother.

    2. Re:MY eula by Anonymous Coward · · Score: 0

      Mod these up, please. Score 5: Insightful. Thanks.

  46. Encouraging by porkface · · Score: 2, Insightful

    I will say "this is good" rather than "too little too late". You've got to encourage this kind of turnaround from the world's most pervasive software company.

    Unless you're an OSS zealot who hopes MS's bad behavior will be their downfall.

  47. Who cares about MS License Agreements? by HermanAB · · Score: 2, Informative

    In many (most?) states, it is a sale, not a license, so the EULA is moot.

    --
    Oh well, what the hell...
    1. Re:Who cares about MS License Agreements? by mhifoe · · Score: 2, Insightful
      Is there anywhere in the world where an EULA such as this would actually be enforceable?

      Most EULA's start by claiming that the software is provided with no warranty. In most of Europe this is not permitted, something must be fit for the purpose.
      Claiming that it's a licence and not a sale doesn't help either, many countries treat anything that is sold as a product as a normal sale and subject to normal laws on purchasing.

      Has anyone ever actually read an EULA anyway?

  48. No no no, all wrong.. by Joe+U · · Score: 1

    No, it's Erik Njorl, son of Frothgar, brother of Hangnor at the home of Thorvald Nlodvisson, the son of Gudleif, half brother of Thorgier, the priest of Ljosa water, who took to wife Thurunn, the mother of Thorkel Braggart, the slayer of Cudround the powerful, who knew Howal, son of Geernon, son of Erik from Valdalesc, son of Arval Gristlebeard, son of Harken, who killed Bjortguaard in Sochnadale in Norway over Cudreed, daughter of Thorkel Long, the son of Kettle-Trout, the half son of Harviyoun Half-troll, father of Ingbare the Brave, who with Isenbert of Gottenberg the daughter of Hangbard the Fierce...

    Or do I have the wrong Islandic saga again?

  49. Re:I figured that's what they initially meant anyw by fudgefactor7 · · Score: 1

    "You mean you wouldn't complain about us not using a new rope when we hang you..."

    No more than Tim McVeigh did when they gave him a flu shot on death row....

  50. Uh-huh by kiwimate · · Score: 4, Interesting

    Posted Anonymous Coward

    Makes me feel very comfortable insofar as the veracity of the rest of your post is concerned.

    Do post some more details...for example:

    * What is your core "real business"?
    * How big is your company?
    * How big is your network?
    * How long has your company been established?

    You get the gist...really, just some sort of detail that, say, might lead me to believe this is anything other than a rather poor troll.

    I love 2a, by the way. How did you present your offer to Microsoft? (Was it a formal business proposition, or an open letter posted on the local "MS-SUX" mailing list?) To whom did you present it? What were they supposed to get out of it? (My goodness, I'm just shocked that Microsoft wasn't falling over itself to take up your little proposal involving a whopping ten -- count 'em! -- workstations.) To whom did you present the same Linux-server-based contract?

    (And it still gets modded up as Interesting. Good ol' Slashdot...)

    1. Re:Uh-huh by jbottero · · Score: 0

      Well what do you expect from someone who posted as Anonymous Coward ?

    2. Re:Uh-huh by Anonymous Coward · · Score: 0

      As if A username is the end-all to the end-of anonymity. Please. I have a username and I post anonymously, frequently I'm finding myself logging in less and less, due to the way /. alters the stories shown to users with usernames (they delay).

  51. I was talking about Corporations... by cnelzie · · Score: 1

    ...not sole proprieterships and partnerships and the rest you mentioned. Your point is oddly out of place, even though being slightly on the topic of this thread...

    --
    If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
    1. Re:I was talking about Corporations... by wfberg · · Score: 1

      The point is, not every business chooses to be a Corporation. In fact, LLCs, partnerships etc. are much more suited to smaller companies. Very small companies will not choose to incorporate, and not have a board of directors. So, "corporations come in every size" isn't quite true (one-man corporations?); most corporations are mediumsized to large companies, not tiny outfits.

      --
      SCO employee? Check out the bounty
    2. Re:I was talking about Corporations... by cnelzie · · Score: 1

      Limited Liability Corporations are well... Corporations... They combine the benefits of both sole proprietership/partnerships with the good stuff of corporate structures.

      There is almost no reason to have a partnership or sole proprietership with the existence of LLCs and S-Corps structures. The protections they provide are incredibly important.

      You can have One-Man Corporations and depending upon the type of business it may behoove you to do so. For instance, if you own many properties as rentals, as a sole proprieter if one of those tenants gets hurt, he/she could sue you and you could lose EVERYTHING, even your own home/car and personal savings.

      With an LLC or S-Corp, you will not be held personally responsible, even though you are the sole-owner/share holder of the corporation. Sure, the company would be dead, but you would still have ALL of your personal belongings.

      It would show extreme negligence to put yourself into a situation where you could lose everything save the clothes on your back. Having an S-Corp or LLC shows EXTREME prudence on your part.

      --
      If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
  52. Release Date by SuperDave913 · · Score: 1

    Does anyone know what the release date for SP4 is supposed to be? Are there any known "gottcha's"?

  53. Uhm, official SP4 EULA?! by delus10n0 · · Score: 3, Insightful

    How is this official? It's not even on Microsoft's website. Sheesh.

    I think I'm going to make-up an SP5 EULA and post it on my site, and then submit it as a Slashdot story. Yeah, that's the ticket!

    --
    Not All Who Wander Are Lost
    1. Re:Uhm, official SP4 EULA?! by LittleGuy · · Score: 1

      How is this official? It's not even on Microsoft's website. Sheesh.

      I agree. Does anyone *else* have an actual Beta version SP4 that has a EULA to compare?

      Or we just Beta-testing reactions to a EULA?

      Double sheesh.

      --
      Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  54. Specified plan does not work! by JCMay · · Score: 1

    Step 5 is an unconditional jump, so steps six and seven never get executed!

    This can't posibly be Microsoft's MO-- there's no way to get to the profit!

  55. Thank God! (Re:Too little, too late...) by mousse-man · · Score: 1

    My company switched away from MS on the server side, and now we're getting MacOS and Linux for the desktops (yep, not gone completely Linux - the crowd needs MS Office and PhotoShop). So far, I haven't had to rebuild a desktop system because something broke so completely I couldn't fix it, and thanks to NIS+, mostly everything has been tidied up.

  56. Windows Media Player 9 alters my files? by eMartin · · Score: 5, Interesting

    I installed WMP 9 the other day, and the first thing I did was go through the settings to turn off all the "features" that I don't need.

    One thing that I found interesting though, is that I unchecked the "Update my music files (WMA and MP3 files) by retrieving missing media information from the Internet" (which has an accompanying help link that explains that it would be used to add information to both the media library database and tags within the actual files), yet all the files that I played in WMP were actually still modified. Their modification dates and file sizes changed.

    Now that is enough for me to decide not to use their software for playing my music, because the way that I see it, any info that is used by the media library (such as song ratings, number of times played, etc.) belongs in the separate database that it uses, and my files should not be changed unless I click a "save" or "apply" button somewhere.

    So does anyone know what is being added to these files by WMP? I don't like the idea that it is changing my files just to add some stupid "This audio file was played by Windows Media Player" tag.

    1. Re:Windows Media Player 9 alters my files? by Xytras · · Score: 1

      I installed WMP 9 the other day

      A Question springs to mind, WHY?

  57. Any Other SP4 "Surprises"? by LittleGuy · · Score: 0, Offtopic

    With SP4 due out either tomorrow or next week (depending who you get your news from), is there any other tidbit about, ahem, "enhanced features" (like Automatic Update for SP3) that should be anticipated for RTM?

    --
    Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  58. What about the DRM Clause? Still awful! by Anonymous Coward · · Score: 2, Informative

    Under this clause, they can:

    1) Record what you're using their and 3rd party
    software for

    2) Remotely retrieve this information

    3) Remotely disable features of your computer

    If that isn't intrusive, then what is?

    d. Windows Media Digital Rights Management.
    Content providers are using the digital rights management
    technology for Windows Media contained in this Software
    ("WM-DRM") to protect the integrity of their content
    ("Secure Content") so that their intellectual property,
    including copyright, in such content is not misappropriated.
    Portions of this Software and third party applications such
    as media players use WM-DRM to play Secure Content
    ("WM-DRM Software"). If the WM-DRM Software's security
    has been compromised, owners of Secure Content ("Secure
    Content Owners") may request that Microsoft revoke
    the WM-DRM Software's right to copy, display and/or
    play Secure Content. Revocation does not alter the
    WM-DRM Software's ability to play unprotected content.
    A list of revoked WM-DRM Software is sent to your
    computer whenever you download a license for Secure
    Content from the Internet. Microsoft may, in
    conjunction with such license, also download
    revocation lists onto your computer on behalf of
    Secure Content Owners. Secure Content Owners
    may also require you to upgrade some of the WM-DRM
    components in this Software ("WM-DRM Upgrades") before
    accessing their content. When you attempt to play
    such content, WM-DRM Software built by Microsoft
    will notify you that a WM-DRM Upgrade is required
    and then ask for your consent before the WM-DRM
    Upgrade is downloaded. WM-DRM Software built
    by third parties may do the same. If you decline
    the upgrade, you will not be able to access content
    that requires the WM-DRM Upgrade; however, you will
    still be able to access unprotected content and
    Secure Content that does not require the upgrade.
    WM-DRM features that access the Internet, such
    as acquiring new licenses and/or performing a
    required WM-DRM Upgrade, can be switched off. When
    these features are switched off, you will still be able
    to play Secure Content if you have a valid license for
    such content already stored on your computer.

    1. Re:What about the DRM Clause? Still awful! by unDiWahn · · Score: 2, Informative

      "1) Record what you're using their and 3rd party
      software for"

      I didn't see any reference to that in the clip you posted. The closest segment was "Microsoft may, in
      conjunction with such license, also download
      revocation lists onto your computer on behalf of
      Secure Content Owners. " which is simply Microsoft 'turning off' any software you've cracked -- " If the WM-DRM Software's security
      has been compromised, owners of Secure Content ("Secure
      Content Owners") may request that Microsoft revoke
      the WM-DRM Software's right to copy, display and/or
      play Secure Content."

      Ok, 2) falls under the same catagory.

      "3) Remotely disable features of your computer"

      Only features that companies select to be disabled. And, specifically, only DRM enabled software for DRM content -- which does not prevent you from from using non-DRM content either.

      Actually, the clip you posted was a relieving read -- Microsoft's EULA for DRM is mostly non-invasive. It says nothing about accessing content on your computer, and specifies that DRM information will only be transfered when you request a DRM licence. Seems fair to me.

  59. The GPL is by jpmorgan · · Score: 1

    The GPL claims to be copyright protected.

    1. Re:The GPL is by Anonymous Coward · · Score: 0

      The GPL claims to be copyright protected.

      It's pretty well known that RMS is a fucktard, and that the GPL is just his personal soapbox used to rant about corporate software. Nobody outside the FSF and the Debian-legal mailing list take it seriously.

      (Posted AC to avoid the /. groupthink police)

  60. Disclosing URLs IS dangerous by arth1 · · Score: 5, Interesting

    It's not that easy to dismiss.

    Example: A VPN user enters https://user@password:internalserver.company.com
    However, the VPN line has gone down and the user happens to be on the Internet, where internalserver.company.com doesn't resolve. Or the local DNS server might have a temporary hiccup. Or a variety of other reasons might cause the lookup to fail.
    IE then proceeds to send the URL to the search engine of choice. NOT good.

    1. Re:Disclosing URLs IS dangerous by Anonymous Coward · · Score: 0

      Uh huh - so what's the moral of that story??

    2. Re:Disclosing URLs IS dangerous by dead+sun · · Score: 1
      I think the moral of the story is don't be a lazy idiot and type your username and password into the address bar of IE. Type the url with your username and no password and let it prompt you upon resolution of the address. There, now you're that much safer!

      On the other hand, there's really no need to submit what you just typed to MSN's crappy search engine. There's no need to do anything with the data, just let it sit. If MS wanted to enhance the user's experience without intruding in any manner they could make the no page available default error page look a little prettier in IE and point them at a search engine or two, without the attempted url plugged in already. It'd be an extra click, but no intrusion. It at least makes me wonder why they need to drive traffic to their search engine thing.

      --
      If not now, when?
  61. real business is not an AC... by Archfeld · · Score: 2, Interesting

    Err 18 to 22 million is small time money as far as 'real business' is concerned. Don't get me wrong I am happy to see linux get a bigger market share and a foothold in business, but we do 18-22 million about every 60 minutes (projected year end revenues run in the 100 billions), and NO LINUX support vendor will come close to matching what M$ and IBM provide in personnel and equipment support. I hope things keep growing so that maybe someday it will happen but for now REAL BUSINESS, ie fortune 500 and better are NOT running their back offices on LINUX OR OSX, and as a former unix admin the thought of the general (L)user community having a unix/linux desktop terrifies me.
    With the release of 2003 for priemier customers the performance gap is going to grow. I hope that Linus going to work full time on the kernel for a year will help close the gap on high end scalability.
    On a side note we did tell SendMail where to go and are now moving to an OSS setup :)

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
    1. Re:real business is not an AC... by EnderWiggnz · · Score: 2, Insightful

      >and NO LINUX support vendor will come close to
      >matching what M$ and IBM provide in personnel
      >and equipment support.

      last i checked, IBM spewed a lot of linux support.

      --
      ... hi bingo ...
    2. Re:real business is not an AC... by Anonymous Coward · · Score: 0

      You might want to check up on that. I'm fairly certain that Apple is a Fortune 500 company, and most of their back offices are running on Mac OS X.

    3. Re:real business is not an AC... by Badanov · · Score: 0, Flamebait
      Real business or not don;t ignore the micro business, the place that has only a few computers. MS is aiming and has been aiming towards that market for a long time and they are cleaning up.

      Belittle the small businessman why don't you? In the meantime, MS is implementing software selling strategies that will take hold in small businesses.

      While you are lording your business over everyone else, MS is yawning and preparing to chow down on several thousand small businesses, quietly and deliberately. A little like you should be.

      --
      Dawn of the Dead
    4. Re:real business is not an AC... by Anonymous Coward · · Score: 0

      I totally agree, the UK finanical I work for control £200Bn in assetts, the only place we use linux is in VMware for supporting VMed MS OSes.

      Our data centres (in intel and mid-range space) are running Win2k3/NT4 server, AIX, HP-UX in that order. We have over 800 Proliant servers running NT/2k/2k3 and less than ten running linux.

      As for MacOS being a realistic alternative... BSD/UNIX it may be, UNIX quality hardware it certainly aint. I cannot believe the shoddy low spec hardware that apple is touting as storage appliances/servers, there was a day when you'd never get anything except SCSI inside a Mac, and you'd have to pay the earth for a system which was no good for anything except DTP. These days, you have to pay the earth for shoddy hardware which runs an OS, which by rights should be free (at least you know, that MS bothered to develop most of their systems themselves - regardless of the resulting product) I mean, fibrechannel connected IDE drives, what is that about?

    5. Re:real business is not an AC... by shaitand · · Score: 2, Insightful

      "NO LINUX support vendor will come close to matching what M$ and IBM provide in personnel and equipment support."

      ummm you DO realize IBM IS A LINUX VENDOR don't you?

      Aprox. 6 months ago my wife's ex husband asked me a little bit about Linux. He advised me that IBM was truely planning to eventually phase out EVERYTHING and go all Linux and wanted my input (he is an IBM exec, was a programmer long ago, not 100% sure what he does now other than that it is a 12 word title, literally, and he makes 7 figures). Now I hate the sob and he hates me, but I respect that he might have a handle on IBM business strategy.

  62. Pixar is publicly traded by kels · · Score: 2, Informative
    there's no reason a corp. can't stay private -- I believe Pixar is one of those
    PIXR
    --
    "I believe that the cult of the particular brings only death - for it bases order on likeness." St.-Exupery
  63. Meaningless by TomRC · · Score: 2, Insightful

    This is meaningless. Of the millions who use Windows, very few will read the EULA closely enough to realize that there are spy services running, let alone know how to disable them.

    Nothing real will come of this until there is a real and major abuse by MS, and the story is picked up by the major media. Then there'll be congressional hearings and 'something will be done' - most likely something useless.

  64. now it's sun's turn: java 1.4.1+ has same problem by Khopesh · · Score: 3, Interesting
    JDK-1.4.1 License, note Supplemental License Terms 5 and 6:
    5. Notice of Automatic Software Updates from Sun. You acknowledge that the Software may automatically download, install, and execute applets, applications, software extensions, and updated versions of the Software from Sun ("Software Updates"), which may require you to accept updated terms and conditions for installation. If additional terms and conditions are not presented on installation, the Software Updates will be considered part of the Software and subject to the terms and conditions of the Agreement

    6. Notice of Automatic Downloads. You acknowledge that, by your use of the Software and/or by requesting services that require use of the Software, the Software may automatically download, install, and execute software applications from sources other than Sun ("Other Software"). Sun makes no representations of a relationship of any kind to licensors of Other Software. ...
    Java for Mozilla will require this!
    that's right, mozilla 1.4final and up will need java 1.4.2+ (due to gcc3.2.x),
    which means you need to agree to those terms if you want java. see mozilla bug 204236,
    http://bugzilla.mozilla.org/show_bug.cgi?id=204236
    (bugzilla blocks direct links from slashdot; you'll have to copy & paste.)
    --
    Use my userscript to add story images to Slashdot. There's no going back.
  65. Why??? by Anonymous Coward · · Score: 0

    We can only hope for a similar move with Windows XP.

    Why do you guys even care about this? Don't you all use Linux for everything anyways? Give me a break!!

  66. Change Internet Exploder's Proxy by llordsmiff · · Score: 1

    Change the proxy in Internet Exploder to "127.0.0.1". Keeps lots of spyware (any Exploder based spyware) from accessing the net.

    --
    "To live" is to ignore the possibility of death.
  67. Shirttail urls by symbolset · · Score: 1

    With a list of the most commonly misspelled URLS that don't resolve one could create sites born with much traffic. Advertising dollars follow traffic. Requiring every user of your software to contribute this valuable data without compensation is not fair.

    --
    Help stamp out iliturcy.
  68. Microsoft starts to see the light, perhaps? by djlowe · · Score: 1

    Obligatory note: IANAL

    It appears to me that Microsoft's EULA's (which may or may not be enforcable) are an ongoing attempt to continue their control over the desktop, at the very least, via untested legalese, in the face of increasing competition, of which Open Source and, more importantly, Linux, et al, are a large part.

    This, of course, is understandable (if not acceptable) - Microsoft, historically, wishes to compete solely on its terms, so as to maximize its profits and minimize competition in those areas from which they derive profit, to ensure their existence and continued profits (the latter, of course, being the definition of corporate existence in a nutshell).

    The problem in the latter strategy (IMHO)is this:

    Without a true test of EULAs in the courts (most especially those of the "shrink-wrap" type in any form) that supports and enforces such terms, it is, at best, a tenuous foundation upon which to base an ongoing corporate profit strategy in an ever-increasingly litigious world - at any moment there could come a legal challenge that could potentially undermine the whole structure beneath. And, even if they were to win, it would cost them money to do so - potentially, a LOT of money. If they were to lose, well...

    All it would take is money (certainly, a *lot* of money - but there *are* ways to solicite the help of powerful lawfirms, as we've seen with the current SCO lawsuit): A determined effort by anti-Microsoft forces to force such a test could easily be mounted, should profit be sniffed by lawfirms sufficiently informed, capable and motivated.

    Further, given Microsoft's current status as a monopoly (not in itself a bad thing), and more importantly, as a monopoly that has abused its position in the past as such and been convicted of so doing, their "backing down" on EULA issues is, I think, simply a case of them "seeing the light", and not wishing to provoke any such tests, because it is in their best interests not to do so.

    Certainly, EULAs in general, in their current untested form, serve to protect their interests now (and ensure their profit), and shrink-wrap EULAs (including those from downloads) in all forms do so as well, especially when untested.

    Just my opinion.

    dj

  69. IN SOVIET RUSSIA... by Anonymous Coward · · Score: 0

    Windows 2000 EULA backs down on Microsoft!

  70. Evil integrated already? by rsborg · · Score: 1
    You can't remove evil from Windows, it's a feature of the Operating System. Kinda like Internet Explorer.

    I guess Microsoft has made good on this earlier announcement?

    --
    Make sure everyone's vote counts: Verified Voting
  71. EULAS=contracts=not copyright by symbolset · · Score: 1

    Wow! That's why they made me sign an NDA that doesn't let me talk about the REAL NDA.

    --
    Help stamp out iliturcy.
  72. EULA's Everyone understands them.... by 3J · · Score: 1

    Everyone understands the EULA's. We all know that you just click on "I Agree" and the installs continue, or the updates start. Real easy. Duh. Why is the end of most MS EULA's in French? Do I agree to that too? I did click I Agree. Hmm.

  73. Go laziness! by I+Like+Humorix · · Score: 0, Troll

    Laziness prevails- I didn't install Windoze XP SP1!
    Micro$oft should really release a version of the service pack for Windows 2000 for Windoze XP.
    P.S Plz excuse the N00b (me), this is my firstever Slashdot post.

  74. Re:let's check that assumption. Yep, that's valid. by kmilani2134 · · Score: 1

    Not only are they probably storing all of the user information, there are also numerous marketing and business reasons one could think of for doing so. The dishonesty and lack of ethics aren't going to get in the way of making a few dollars from advertisers based on the information. Besides advertising, there are probably a lot of other ways to make money off of that data.

    --
    Those who trade freedom for security will lose both, and deserve neither" -- Ben Franklin
  75. Re:let's check that assumption. Yep, that's valid. by jak163 · · Score: 1

    This is a very important point. IOW, they figure out ways to get your _consent_ to things that infringe on your privacy, freedom of expression, etc., by making it impossible to do basic functions of the Internet without giving that consent. They do this by making themselves the only game in town for those once-basic featues. This is the legal way of doing it. The fact that it is legal does not make it any more desirable. This has always been a shortcoming (or _contradiction_) of bourgeois democracy. Aggregations of capital work at cross purposes to political equality.

  76. So, what should I focus on then? by boy_afraid · · Score: 1

    If we should get away from Windows towards anything away from this Black Hole, what should I concentrate my skills on? Linux? Should I learn C/C++? How about GTK or QT?

  77. Too late by flibuste · · Score: 1

    Yup...this comes too late: just after I finished switching my 3 home boxes from Win2K to Linux... What was I doing with Overdows 2K anyway?

  78. Or better yet... by Kjella · · Score: 2, Informative

    ...get Media Player Classic from here. A reimplementation of WMP6.4 + some various other stuff, like DVD playing without compromising simplicity. My default media player without a doubt :)

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:Or better yet... by ncc74656 · · Score: 1
      ...get Media Player Classic from here.

      Cool...looks like the only thing it doesn't do is convert files from one format to another (like mplayer (on Linux) does), but it looks like there's other stuff (like video capture) in there that could be useful.

      --
      20 January 2017: the End of an Error.
  79. Re:now it's sun's turn: java 1.4.1+ has same probl by Cnik70 · · Score: 1

    but the automatic download of updates can be turned off in the plugin manager. I noticed that I was getting messages that the update manager had failed every morning after I installed 1.4.2 on a Win2000 PC. Simply by bringing up the plugin manager I was able to turn it off (you can even schedule it to go on at different intervals).

    --
    -Cnik
  80. Get a New Lawyer by Kalak · · Score: 1

    IANAL, and this doesn't make SP4 compliant with anything, but look at this clause:

    Your use of the Components is subject to the terms and conditions of the end user license agreement (either from Microsoft or some other entity) under which you have previously licensed the Software (the "Software EULA") and this Supplemental EULA.

    Now point it out to the lawyer you're claiming you're talking to. While SP4 includes technical components of SP3, contracts cannot include items not stated in them, or specifically referred to. SP3's agreement is not referred to, so if you haven't agreed to the SP3 EULA, and SP4's EULA doesn't include a provision, then you are not bound by that provision. Contracts don't imply much of anything; they either say it, or they don't. A Common Sense reading of the clause should tell you this much.

    I wouldn't take business legal advice on the subject of Microsoft (or any other business) from someone going by the handle of "msoftsucks" with a Hotmail address (hypocrite) even if they claim to be talking to a lawyer. (Or take legal advice from /. on anything for that matter.)

    And if you're really talking to a lawyer and they're missing this point, get a second opinion. Lawyers are not always in agreement.

    --
    I am, and always will be, an idiot. Karma: Coma (mostly effected by .hack)
    1. Re:Get a New Lawyer by msoftsucks · · Score: 1

      As a stated before.. IANAL. I am only relaying what the client's lawyers have determined for their particular situation. Everyone should talk to a lawyer about their particular situation. HIPAA imposes some severe penalties for infringement and these lawyers are taking a very conservative approach on this. The EULAs themselves have not been tested in court and there is great uncertainty. These lawyers are also taking into account UCITA which M$ is one company that is actively trying to get enacted. True, UCITA for now has been stalled, but there is a consenses that over the next couple of years some form of it will eventually pass. The executive board has lost confidence with M$'s products with what the 150%-200% increase in licensing costs, screwy licensing, constant security problems, taking over users machines etc. They paused temporarily on Win2K to assess issues with WinXP and then decide and develop a new direction.

      Executives don't like uncertainty. They are not about to bet the company on MS's products because they no longer trust that M$ is interested in their success. SP4 doesn't change any of this.

      Now as for my msoftsucks1@hotmail.com email address. I thought that this was a humorous way of showing my contempt at what M$ has done to the Internet and computing. I'm sorry you don't feel that way.

      --
      Quit playing Monopoly with Bill.
      Linux - of the people, by the people, and for the people.
  81. really.... by luckster · · Score: 1

    you ppl are f@#$ed in the head i came here thinking that the majority of this community would be mature enough to not get into the whole windows vs *nix SHIT! but no i find the same old misinformed crap that i see everywhere else *nix is great in any flavour windows is great (preference for nt4) netware USED to be the best file/print server on the market .... my point being all os's have their place and they all have holes....yes even your precious *nix the only problem i have with windows is the company that make it......i dont like the market power they have so really......grow up the lot of ya's

  82. When? by porkface · · Score: 1

    Anyone care to dish a hint at when SP4 is due?

  83. My Statement was clearly... by cnelzie · · Score: 1

    About SMALL/TINY corporations. I agree with you regarding VERY large publicly traded corporation.

    PersoRe:Read up on Corporations...nally, I work for a small corporation that isn't publicly traded. The shares are owned by two of the company officers, which also make up the Board of Directors.

    At this corporation, I am the Chief Technology/Information/Logistics Officer with my official title being IT Manager/Buyer. No, I am not one of the shareholders and I don't know if I would want to be a shareholder either...

    --
    If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
  84. You've got a point, I by Archfeld · · Score: 1

    did mean to sound like I was lording over anyone, the tone was in response to the parent post and his attitude that his very real and important, but admittedly small piece of the business world was the end all be all, and his decision was the only correct response. I guess I just fell into the same trap :(

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    errr....umm...*whooosh* *whoosh* Is this thing on ?
  85. Linux adverting VS nuts and bolts support by Archfeld · · Score: 1

    I realize IBM touts Linux support, but in the REAL world, they won't give any solid SLA's unless you are using AIX. We've also got a Z/OS mainframe in here and we are testing Linux on it. I have to assume we will get some iron clad uptime agreements on that platform. I don't mean to sound as if I don't like Linux, quite the opposite, but I am forced everyday to confront envrironments where it still falls short. The gap IS getting smaller, and the thought of Linus going to work on the kernel full time is AWESOME.
    As for phasing out everything but Linux, we just signed long term agreements MVS support, MVS batch is still damn hard to beat and VTAM is SECURE like nothing else.....

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?