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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."

21 of 297 comments (clear)

  1. 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

  2. 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.

  3. 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 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
  4. 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).

  5. 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.)

  6. 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.

  7. 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 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?
  8. 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.
  9. 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.
  10. 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).

  11. 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.

  12. 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...
  13. 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.

  14. 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.
  15. 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.

  16. 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
  17. Re:As if the EULA mattered by Anonymous Coward · · Score: 2, Informative

    ipconfig /flushdns

  18. 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