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Microsoft Will Pay If Its Bugs Damage Your Data

RMX writes "CNet is reporting on a new Microsoft policy where they will pay if their software damages your data . There's a pretty low limit on what they will cover and "it also applies even if Microsoft knew or should have known about the possibility of the damages" but at least it's nice that they're specifying exactly to what length they'll go to cover their customers. Is this the "support" from proprietary vendors that corporations like so much?"

60 of 330 comments (clear)

  1. 5 Bucks??? by lecithin · · Score: 4, Funny

    "Microsoft will reimburse direct damages up to $5 for problems associated with the new downloadable tool that wards off spyware, adware and any other "potentially unwanted software."

    That is a very low price for data.

    I don't think that corporations would care about this.

    --
    It could be worse, it could be Monday.
    1. Re:5 Bucks??? by mboverload · · Score: 2, Funny

      Hey, if Microsoft wants to pay, sounds great. For all the data you have lost me you owe me around $10,000 dollars.

    2. Re:5 Bucks??? by Quasar1999 · · Score: 4, Funny

      I once had Visual Studio crash, and take out my filesystem completely while I was working on a network driver at work... it blew away close to 2 days worth of work... I had to come in and work on the weekend instead of going on a roadtrip with my friends as I had planned... What if that would have been the one time I'd have met a woman drunk enough to have sex with me? There isn't enough money in the world to cover that... although... I think $5 will tide me over... do you think I meet their criteria?

      --

      ---
      Programming is like sex... Make one mistake and support it the rest of your life.
    3. Re:5 Bucks??? by Fjornir · · Score: 2, Insightful

      ...now do you back up your work?

      --
      I want a new world. I think this one is broken.
    4. Re:5 Bucks??? by rokzy · · Score: 2, Funny

      that drunk woman turned out to be a man. now your friends are scarred for life, as well as having several STDs.

      that computer crash saved your life![/soap opera cheese]

    5. Re:5 Bucks??? by ron_ivi · · Score: 5, Informative
      I don't think that corporations would care about this.

      Well. Then what is it they pay for?

      • Bug fixes? Not a chance - when I called Oracle or Microsoft about bugs / crashes in their databases the best answer I get is "Wait for our next release" and the worst answer I get is "ok, i've logged your report". When I ask the same to Postgresql's mailinglist, I get a patch the next day.
      • Risk of end of life software? Not a chance - when a commercial software vendor does poorly (HP) support for much of their software is killed, when a commmercial software vendor does well (peoplesoft) many of their product lines are killed. When a product is open source, regardless of if it does well (Ximian) or poorly (Blender) it's products survive.
      If it's not for this generous monitary guarantee, what is the appeal?
    6. Re:5 Bucks??? by Anonymous Coward · · Score: 4, Funny

      What if that would have been the one time I'd have met a woman drunk enough to have sex with me? There isn't enough money in the world to cover that.

      There isn't enough alcohol in the world to make a woman want to have sex with you either.

    7. Re:5 Bucks??? by bleckywelcky · · Score: 4, Insightful

      Seriously, calling Microsoft for $5 is the last thing on your mind after working on a project for a whole day and having Windows magically lose it. I was building a data parser for the raw outputs from a lab machine one time. The code was fairly simple and straight-forward, but it still took a day to build and ensure that it handled everything properly. After compiling at the end of the day, I went back to the source code to add a few more comments and it was gone. Just up and gone, no evidence of what had happened or anything. This was on my own personal computer that no one else uses, so no one else had messed with it. Immediately after it disapppeared I used some recovery tools, assuming a program had deleted it somehow. But nothing, not a single trace. It really baffled me for a while and I never did find it or figure out what had happened.

    8. Re:5 Bucks??? by Baricom · · Score: 2, Insightful

      TFA (and presumably, TFEULA) forgot to mention that you'll need to hire a lawyer and sue them to get that $5. Most lawyers charge slightly more than $5 for their services.

      (I am not a lawyer, for $5 or any other amount of money.)

    9. Re:5 Bucks??? by r0ckflite · · Score: 4, Informative

      Bullshit on oracle. we have support, yes we pay for it. When our data was corrupted we spent 8 hours on the phone with oracle support and they got it back for us. When we find a bug, we get a patch quickly or a work around.

      Yes, MS provide no support. Oracle actually does.

      --

      Push the button Max!!!!

    10. Re:5 Bucks??? by digitalchinky · · Score: 2, Informative

      Recovery in cases like this that have mostly worked: Dual boot or use knoppix or some such, what I do when this happens is run strings over the drive with some creative use of grep / less / more / awk etc... The 'vanished' code usually turns up duplicated across the drive in several places and states of completion. You'll still need to tidy up, mostly re-add all your comments and spacings, but often this is better than a total rewrite.

      Then again, sometimes the re-write ends up much better than the original version...

    11. Re:5 Bucks??? by utlemming · · Score: 2, Insightful

      You know $5 is outright insulting. I don't know about you, but the idea of paying me for lost data at such a low price is horriable. The 140 page paper, that I spent 90 hours a week for five weeks writing -- yeah, $5 isn't going to cover that. Especially when the crash killed 20 hour of continuous work. I mean, come-on. This is just assinine. $5 may cover the incidental, 1 page document that is lost once in a while. But $5 isn't going to do it for me when it comes to lost emails, important documents. I backup, and store things on another computer, but still.

      --
      The views expressed are mine own and do not express the views of my employer.
    12. Re:5 Bucks??? by Frostalicious · · Score: 2, Funny

      I once had Visual Studio crash... it blew away close to 2 days worth of work...What if that would have been the one time I'd have met a woman drunk enough to have sex with me?

      I have it on good authority that women don't have sex with people who don't regularly check in their work with Visual SourceSafe

    13. Re:5 Bucks??? by KevMar · · Score: 3, Informative

      Hold on. They are not giving away $5 for lost data, they are capping the damages. $5 is the most you can get. You accepted the EULA that says $5 is the most you can get from them.

      The insult is not that they think you data is worth $5, but telling you that $5 is all you get.

      --
      Kevin Marquette
      Antispyware

      --
      Im a gamer, not a grammer major. This post is full of spelling and grammer mistakes.
    14. Re:5 Bucks??? by Anonymous Coward · · Score: 3, Informative

      2nd on the Oracle bit.

      Maybe the org. poster paid for Standard Edition?

      If you have enterprise level support, you can get Oracle Experts (and yes, capitial E-experts -- these guys are _bad asses_) onsite in four hours.

      We had a netapp crash -- not Oracle's fault -- and they were onsight like *that*, helping us get everything back up.

      T

    15. Re:5 Bucks??? by gargan · · Score: 2, Informative

      microsoft does provide support. you have to pay for it, same as oracle, but you can talk to ms on the phone for 8 hours until you get resolution as well.

      --
      Emory: Uh..we're still..beta testing that.
      Oglethorpe: What you're testing is me and my patience!
    16. Re:5 Bucks??? by spectecjr · · Score: 2, Interesting
      --
      Coming soon - pyrogyra
  2. WOW!!!!! by kikta · · Score: 4, Interesting

    Five whole dollars???

    Why would anyone migrate away from Microsoft products now?

    P.S. On a serious note, doesn't this potentially open them up to being sued for damages? I know they're claiming otherwise in the EULA, but once the door is open...

    1. Re:WOW!!!!! by Auckerman · · Score: 4, Funny

      Let me tell you a secret. People have simple and short memories. Structured sound bites is the way things are remembered. If you pay close enough attention, you can see it at work all around you.

      Boss: "Why should I go with Apple, Microsoft will pay me for my lost data?"

      Peon: "Sir, they will give you $5"

      Boss: "Shutup boy, that's so wrong as to be stupid."

      Remember, the "absurd" is ignored, the "favorable" is repeated.

      --

      Burn Hollywood Burn
  3. About time by Lisandro · · Score: 5, Funny

    I swear, if i had a buck for each time a Microsoft product damaged my dat...

    Oh... wait...

    1. Re:About time by unitron · · Score: 4, Funny
      " I swear, if i had a buck for each time a Microsoft product damaged my dat..."

      You don't, but Bill does.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  4. MBR by datajack · · Score: 2, Insightful

    Dammit .. I was hopeing that this would mean I could sue them every time installig one of their brain-dead OS's into an empty partition destroyed the data in the MBR, thus making the system unusbale , and a PITA to fix.

    Then I remembered I've never even attempted to run it on my machines for five years+ .. oh well.

  5. Added value by jonadab · · Score: 3, Insightful

    See, *this* is the kind of added value that could make commercial software
    really worth the money, at least potentially. (I'm assuming here that the
    blurb accurately reflects what's actually being done... which is probably
    assuming too much, but there's always that, isn't there?) This is the sort
    of thing Microsoft should be talking about when they talk about the value
    they can provide. Assuming they're willing to actually do it.

    --
    Cut that out, or I will ship you to Norilsk in a box.
  6. Greaaat by robyannetta · · Score: 2, Funny

    How do I make a claim? I should be getting 76 of these checks.

    --
    - Just my $0.02, take with a grain of salt, your mileage may vary.
  7. Stefanie Olsen: Sarcasm Queen? by bigtallmofo · · Score: 4, Funny

    "Microsoft offers $5 windfall for errant software"

    Did anyone else find it extremely funny to see such flagrant sarcasm in this news.com.com headline?

    --
    I'm a big tall mofo.
  8. Anyone know WHY they are doing this? by rokzy · · Score: 4, Interesting

    $5 is nothing, probably doesn't even cover cost of applying for it. so why bother?

    advertising scam about "financially backing" their software as opposed to OSS?

    tax scam?

    stock scam?

    come on, it's got to be some sort of scam.

    1. Re:Anyone know WHY they are doing this? by Software · · Score: 5, Insightful

      Scam is a little harsh. They are doing this for the PR and FUD value, pure and simple. "Microsoft stands behind its products. We'll even pay you if we damage your data. Do you other vendors offer this?" Of course, this offer applies only to their spyware tool, but they'll still make the claim, and it will be true. Nobody will bother to make the claim (who wants to spend an hour filling out forms, etc. for $5 ?), and they'll use THAT as evidence of their software's reliability.

    2. Re:Anyone know WHY they are doing this? by jangobongo · · Score: 2, Insightful

      This may be one of those things where on the surface it reflects well on Microsoft, good PR and all, but rarely will they actually pay out.

      Look at rebates. People buy something thinking that they are going to get a $5 dollar rebate, but then there are too many steps, too much hassle to fill out the forms, or they just forget about it. Only a small precentage of the rebates are actually claimed.

      Plus, who knows what kind of hoops you might have to jump through to prove that you are eligible for the $5. Maybe this is yet another way for them to get you to verify to them that you have a valid (legally paid for) OS. No valid OS, no $5.

      --

      Sig cancelled due to lack of interest
    3. Re:Anyone know WHY they are doing this? by Anonymous Coward · · Score: 2, Funny
      Scam is a little harsh. They are doing this for the PR and FUD value, pure and simple. "Microsoft stands behind its products. We'll even pay you if we damage your data. Do you other vendors offer this?" Of course, this offer applies only to their spyware tool, but they'll still make the claim, and it will be true. Nobody will bother to make the claim (who wants to spend an hour filling out forms, etc. for $5 ?), and they'll use THAT as evidence of their software's reliability.

      So basically, yeah, it's a scam.

    4. Re:Anyone know WHY they are doing this? by tomhudson · · Score: 2, Funny
      "Microsoft puts its money where its mouth is with its money-back warranty." says Laura DiDio, analyst at the Yankee Group. "You won't see that with any open source software out there."
      So here's a way to beat Microsoft at their own game: let open-source distributors say:
      When you buy a retail copy of our distro, at half the price Microsoft charges for XP, if it screws up your data, we'll refund you twice Microsoft's capped amount - no questions asked.

      So - cost is half price, and indemnity coverage is twice as much - we must be 4x better than Microsoft!
      It now works the Microsoft Way::
      1. retail = $100
      2. max refund = $10
      3. $90 = PROFIT
  9. Disclaimer by Anonymous Coward · · Score: 2, Interesting

    even if Microsoft knew or should have known about the possibility of the damage

    This is the part that covers them for deleteing gigs worth of MP3s because the MP3s didn't have Windows Media(WMA) Digital Rights Management(DRM) signatures.

    Oops. Our bad.

    Have a nice day.

  10. Probably obvious, but by jcuervo · · Score: 3, Insightful

    This seems like a weak, thinly veiled stab at open source.

    E.g., Microsoft: "You run Debian? Great! But who'll pay if your data gets damaged?"

    To which the obvious reply is: well, gee, my operating system hasn't ever really damaged my data -- as a matter of fact, last time my hard drive went bad, I was able to recover most of my data. Thanks anyway, though!

    --
    Assume I was drunk when I posted this.
  11. restore backup by icepick72 · · Score: 2, Insightful
    By the time the $5 rebate process is completed (minus cost of postage and what-not), I think I will rather have just scrounged up the change from my car floor and sofa seats.

    Anyways by that time I will also have restored the data from a backup. You DO have a backup strategy ... don't you?!?! ...

  12. Re:Great! by the+grace+of+R'hllor · · Score: 2, Funny

    I thought step four was "Fire Rick Berman out of a cannon" ?

  13. Heh... by Azh+Nazg · · Score: 2, Funny
    This is a clause that has been included in the EULA since 1995, IIRC...
    "In the case that the software product causes damage, Microsoft Corp. is liable for either $5, or the cost of the product, whichever is higher"

    From memory...

    --
    Azh nazg durbataluk, azh nazg gimbatul, Azh nazg thrakataluk agh burzum ishi krimpatul! This sig blocked by Slashdot.
  14. Well, it's a start by Acius · · Score: 3, Insightful

    I believe that commercial software is, and should be treated as, an engineering discipline. Similarly, I think we need to accumulate some "best practices" that require commercial software to meet standards of robustness, stability, and functionality. We then need to crush, kill, and destroy anyone who fails to meet those standards.

    Software's not a game teenagers play in their basements anymore; it's used on airliners, in cars, in hospitals, and all sorts of other places where a system crash is Not Acceptable. While you can find rare examples of folks who are willing to stick their companies on the line when it comes to the stability of their software, this is the exception, not the rule. Accepting financial liability for bugs in software is a good start. It's also, interestingly, something that only a commercial entity can do.

    --
    Acius the unfamous
  15. Fine print... by LoverOfJoy · · Score: 5, Funny

    Please send in your request along with $4.99 for shipping/handling...

  16. WOW! 5 Dollars... We are going to get rich! by CharonX · · Score: 2, Interesting

    I always understood the standart "if something bad happens to your PC while using our software it will always be your fault and not ours" clauses.
    The companies honestly didn't care about you. Go call their support hotline, if they can help you, fine, if not, tough luck.
    But Microsoft's 5$ offer kinda gives me the feeling they are mocking us.
    "Sorry our tool mis-identifed your tax data as spyware and deleted it. Here are 5 bucks. Enough to drown you in 2 bottles of cheap booze till IRS arrives."

    --
    +++ MELON MELON MELON +++ Out of Cheese Error +++ redo from start +++
  17. Damaged data rarely occurs by simetra · · Score: 3, Informative

    Really, the only way any software could damage data would be a) if it deleted it, b) if it took a data file, mangled it, and wrote over the original, or c) did something wacky to the hardware to cause drive/media damage. I truly cannot recall having data ever mangled by a bad piece of software. MS stuff is also pretty good about making backup copies of whatever, prompting the user for saving, deleting, etc.

    I think this is a pretty safe bet on their part. So much so that they'd probably be safe upping the ante to like $50 or $100 or more.

    --

    "Would it kill you to put down the toilet seat?" -- Maya Angelou
  18. Re:Cool by fistfullast33l · · Score: 2, Funny

    Well, technically you didn't lose the data...it just won't come back on command. You installed the update, you broke the computer. I don't think you're going to get anything.

  19. Five dollars? by Primal_theory · · Score: 2, Funny

    Do we need a drm liscence to spend it?

    --
    Your skill in reading has increased by one point!
  20. Nice FUD From M$! by spun · · Score: 2, Insightful

    They offer a ridiculously small amount of cash for a narrowly defined kind of damage where no one will ever see the offer. Then they can turn around and say "Who will pay if Linux damages your data? No one, that's who!"

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  21. Re:Like the news about China's walkout.... by Spy+Handler · · Score: 3, Interesting

    Multiply $5 by several thousand unsatisfied customers and you get $10,000, which is hardly enough to pain Bill Gates.

  22. linux admins may scoff by matthewg42 · · Score: 5, Funny

    It's easy for all you Linux admins who cost so much to scoff at 5 bucks, but for the average windows professional, it's a lot of money!

  23. Legality by DigiShaman · · Score: 3, Insightful

    I'm not sure about any other states, but here in Texas if you agree to any settlement then you cannot go back and sue regarding the same issue. For example, lets say you request the 5 dollars and find out later it costed you 5 million in damages. Too bad sucka, you settled for the orignal 5 bucks.

    Very sneaky of MS. I gotta hand it to them for that.

    --
    Life is not for the lazy.
    1. Re:Legality by kikta · · Score: 4, Interesting

      Which I think is fair. However, Microsoft is now admitting responsibility for the bugs and that they can cause damage sufficient to warrant monetary compensation.

      This is opposed to their previous stance of claiming that their software has no fitness for any purpose or merchantability. This new policy goes against that previous claim. That's why I think the door may have creaked open for the right lawsuit to succeed in claiming, "No, we suffered a loss that should be compensated by one million dollars, not five." And when Microsoft tries to get it tossed out on the basis of their claims in the EULA, this policy will be shoved in their face.

      Just a thought.

    2. Re:Legality by ari_j · · Score: 4, Interesting

      I was going to mod you up, but I'm going to agree with you explicitly instead.

      Settlement agreements are generally contracts that say "A gives B $X and B promises not to sue A for Y."

      So if you accept the contract from Microsoft which says "Microsoft gives Joe $5 and Joe promises not to sue Microsoft for the loss of Joe's data," you can't sue them later for the loss of your data. But if you refuse the $5, you can.

      The question is, however, whether the EULA includes a term saying that "If you lose your data, your only remedy is to accept a $5 settlement from Microsoft." And, if it does, would a court rule it unconscionable, meaning that it's so apalling and unfair that they will refuse to enforce that term of the agreement.

      But yes, they are definitely apparently admitting some degree of responsibility for lost data, though, and that's step one.

  24. It's not Microsoft products in general... by norminator · · Score: 5, Informative

    According to the AntiSpyware Beta end-user license agreement (EULA), Microsoft will reimburse direct damages up to $5 for problems associated with the new downloadable tool that wards off spyware, adware and any other "potentially unwanted software."

    They are talking only about the Beta for the MS Anti-Spyware. Everything in this /. post seems to make it look like it's MS software in general. Sorry, you only get money if the Anit-Spyware program screws up your stuff.

  25. Microsoft Will Pay If Its Bugs Damage Your Data by frovingslosh · · Score: 5, Insightful

    Rather than Microsoft Will Pay If Its Bugs Damage Your Data, the headline should have read Microsoft Says Your Data Is Only Worth $5 .

    --
    I'm an American. I love this country and the freedoms that we used to have.
  26. Seen it before in MS EULAs by DaveM753 · · Score: 5, Informative

    I've seen that $5 liability limit before in other Microsoft EULAs. It's nothing new -- been there for years. I wonder why CNet is only now mentioning it???

  27. To Cover Microsoft's own ASSets. by daitengu · · Score: 2, Insightful

    I think this is more to cover Microsoft's own rear-end than it is to make us feel warm and fuzzy.

    I just went through helping a company incorporate as a Limited Liability organizationin the UK last fall, and included in the articles of incorporation is a section that states that each member is only liable for 1 UK Pound. I think This is similar, If Microsoft states that they WILL cover up to $5 for data loss, they can't be sued for hundreds of thousands of dollars instead.

  28. What's the catch... by rex+vonireful · · Score: 2, Insightful

    Of course, to claim your 5 dollars, you'll probably have to call MS's support line which will charge you 35 dollars per incident unless you have some sort of support contract (which you probably paid too much for in the first place).

  29. Value of data by TiggertheMad · · Score: 3, Funny

    Before I file a claim, i just want to know how much money my data is worth. I mean, 200gb drives full of she-male pr0n dosen't grow on trees you know...

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:Value of data by BandwidthHog · · Score: 5, Funny

      I can only pray that Monsanto doesn't prove you wrong some day.

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
  30. Re:Who will pay for Firefox bugs? by oberondarksoul · · Score: 2, Informative

    Don't worry - it's been moderated correctly. First of all, all the links all go to www.getfirefox.com, a Firefox advocacy website with no details of 'security holes' supposedly rife.

    "Installing Firefox requires downloading an unsigned binary from a random web server" - unsigned binary, true, but you can check MD5 hashes if you want confirmation that you've downloaded the right file. The 'random web servers' are all known mirrors.

    "Installing unsigned extensions is the default action in the Extensions dialog" - Let's try installing a random extension from Mozilla Update. If this site wasn't explicitly whitelisted, I wouldn't be able to download an extension at all - and despite being whitelisted, I still get a warning dialogue popped up - with "Install Now" unselectable for three seconds, and warnings that this is an unsigned extension.

    "There is no way to check the signature on downloaded program files" - Internet Explorer certainly doesn't, either.

    "There is no obvious way to turn off plug-ins once they are installed" - Go to Tools, Extensions. You can remove them from here, or alter preferences if there are any to be changed.

    "There is an easy way to bypass the "This might be a virus" dialog" - This requires the user to have actually downloaded an executable, tried to run it, been warned, and explicitly asked not to be told again.

    "Firefox has also killed Linux" - Linux goes from strength to strength. A good, open-source web browser is one thing, but is no substitute for running the same browser on a better operating system - be that Linux, Mac OS X, Solaris, or whatever else constitutes 'better', even Windows.

    --
    And tomorrow the stock exchange will be the human race
  31. Well... by Cytlid · · Score: 2, Funny

    "$5 should be enough for anybody."

    Or was that 640k? I can't remember.

    --
    FLR
  32. Sweet! by bushidocoder · · Score: 2, Funny

    XP only has to corrupt my disk 40 times before it pays for itself!

  33. My guess... by tkrotchko · · Score: 3, Informative

    My guess is that this is Microsoft's way of saying they don't think your data is worth anything.

    $5? That doesn't pay for a case of soft drinks these days.

    They seem to be saying that even if everything is wiped out, they only owe you $5. What's more now that you know this, you legally acknowledge this is all the liability MS has.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  34. Re:Will Linux pay? by Farmer+Tim · · Score: 2, Informative

    Will Linux distros pay if bugs cause you to lose your data?

    Well, this only applies to data loss caused by the beta version of MicroSoft's anti-spyware. Guess how hard it's going to be to prove which element of the system actually caused the data loss, then estimate how many rebates they'll pay...I predict none. This is simply more weasle-work from the PR hacks.

    OH WAIT it's open source so there's no accountability!

    As it stands, nobody is truly accountable for anything, and look at the quality work that's inspired in so far Redmond. But, IMO, if Red Hat (for example) sells you a distro with known flaws, then they should be accountable because they're the one offering you a product not of merchantable quality but taking your money (the fact they didn't write the software is irrelevant; consumers shouldn't pay for mistakes that aren't their fault). But if you aren't paying, the merchant/customer contractual relationship isn't invoked; there is no implicit obligation on the part of the supplier to provide anything for free, let alone anything that works.

    Nice FUD...now if you can just explain to me what kind of data loss I can suffer that would only represent $5 worth of time and why I should consider this offer anything more than an insult, I'll switch to Windows.

    --
    Blank until /. makes another boneheaded UI decision.
  35. Do they specify the amount of data? by timothykaine · · Score: 2, Funny

    Do they specify the amount of data loss? Maybe one could beat them in the legalese department and charge them $5 for each byte lost...

    Id love to see that.