Slashdot Mirror


Surprises in Microsoft Vista's EULA

androthi writes "Scott Granneman takes a look at some surprises in Microsoft Vista's EULA that limit what security professionals and others can do with the new operating system. You want to post benchmarking results? Well, Microsoft may now have a say in it. Vista's EULA no longer shows up on Microsoft's software licensing page, but does still exist — also take note of Windows DRM deciding what you can and can not listen to, and Defender deciding and removing what it considers spyware automatically (by default)."

385 comments

  1. a way around? by ryanelm · · Score: 3, Insightful

    I don't 'sign' the EULA when i use a public machine...

    1. Re:a way around? by Anonymous Coward · · Score: 0

      Even better: most OEM installed versions of Windows give you a desktop directly on your first boot. No need to 'sign' anything either.

    2. Re:a way around? by Bill+Grates · · Score: 1

      There is serious confusion as to whether EULAs are even contractually
      enforceable - given the obvious absense of general contractual elements
      such as offer and agreement (you only get to read the eula after the
      purchase is complete) and formalities (signatures). Additionally
      acceptance is not necessarily in lieu of the offer. There is very little
      case law on this subject or authorative statements or guidance from the
      courts in any jurisdiction.

      Millions of consumers deal with this issue perhaps daily - and companies
      with their armies of lawyers create these huge documents. Maybe they
      expect that one day if they are successfully challenged in court they
      will have the power to lobby the politicians to provide enabling legislation
      recognising EULAs bizare quasi contractual status much like the DRM criminal
      statutes.

      There is such a trade off of rights when a proprietry interest in something
      is replaced with a contractual right and license in the use of property. I expect
      one day courts will examine this issue very carefully taking into account
      the unilateral nature of the contracts and consumer's barginning power
      (contract law is premised on freedom to contract) against often semi
      monopolistic entities.

    3. Re:a way around? by eht · · Score: 1

      They're not supposed to for that exact reason. The company I formerly worked for installed OEM versions of XP Pro and part of the process before shipping the machine to the customer is to run sysprep, which then presents the click through license, no desktop until they do.

    4. Re:a way around? by Anonymous Coward · · Score: 0

      "There is serious confusion as to whether EULAs are even contractually enforceable"

      Wrong. Decided in ProCD, Inc. v. Zeidenberg years ago.

      "you only get to read the eula after the purchase is complete"

      Wrong. The link to the Vista EULA is at the top of this page.

    5. Re:a way around? by King_TJ · · Score: 1

      Huh? That's never been a "way around" licensing issues. The *owner* of the machine is the one who agreed to the EULA. You don't sign a EULA when you use your work PC either. Most likely, the I.T. department already "signed" it on your behalf when they installed the computer.

      If you do things that violate the EULA on public computers (such as in a library), the owners of said systems would be responsible for taking action to prevent the violations, or else ultimately, they would be held accountable.

      Realistically though, I'm not sure how many things violating a Vista EULA you'd benefit personally from doing on a PC that wasn't yours? (EG. The Vista Home EULA supposedly prevents the use of the OS inside a virtual machine. Ridiculous, really - but how would the ability to violate this "rule" improve your user-experience on a library computer running Vista natively, and in all likelihood, not having VM software set up on it anyway?)

    6. Re:a way around? by Marxist+Hacker+42 · · Score: 1

      And the only EULA that counts is the one you buy with software or hardware- this is just the beta to see what we'll be outraged by.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    7. Re:a way around? by edschurr · · Score: 1

      The person who did 'sign' the EULA is probably responsible then.

    8. Re:a way around? by Anonymous Coward · · Score: 0

      The problem with these licenses is that they they are an agreement only between You and the Company. Thus they have no effect on other people unless expressly written as conditions on You. For example, this license says "only one user may use the software at a time", but this doesn't apply to others so any number of other people may use the software (they are not bound by a license aggreement because none was presented to them). Furthermore, this is not a condition on You so You are not responsible for enforcing it. It should read "you agree to only allow one person from using the system at a time", but they don't write it that way because then people (and company lawyers) would be more likely to say "f' that!".

      Combined with this, the license has a serious flaw of being licensed "on a per copy per device basis". This means that You are not bound by this license on other Vista systems. So, you can run your benchmark on a friend or Library's Vista system and publish it and not violate the license. Any other interpretation would lead to unintended conflicts for instance that you could not use a Vista Home to access a Vista Universal system (since you can only use one version of the Software at once).

      There are a number of other flaws...

      "you may use this software only as expressly permitted in this agreement". This means you cannot use the software, because it pretty much does not expressly permit anything (except non-usefull things like making a backup copy, benchmarking .NET under certain conditions, etc).

      Several clauses only apply to the "first user". Thus, buying a second-hand license excludes you from these clauses (for example a second person can reassign it any number of times to different hardware and if Microsoft prevents this can sue them for breach of contract). ... etc

      This license is designed for you to be scared upon receiving a "cease and desist" letter from their lawyer, not to be enforced.

    9. Re:a way around? by edschurr · · Score: 1

      Sorry, I should have read the other replies first and avoided redundancy.

    10. Re:a way around? by Anonymous Coward · · Score: 0

      You can do what you like with your computer as long as you aren't breaking the law, or violating copyright/circumventing media protection. I don't care what that EULA says, it won't stand up in court if you aren't breaking the law.

      Even UCITA is unenforceable because no store will take an opened package of software and return your money. Try returning windows at Best Buy after you open it, read the EULA and find it objectionable. Good luck on that one LOL. Since they won't take it back, the EULA is null and void, UCITA doesn't apply, and you are free to do as you please. Just get a copy of their software return policy and file it with your reciept when you buy it.

      -AC

  2. sined, sealed and delivered by yagu · · Score: 4, Interesting

    To quote the Buckaroo Bonzai movie, Microsoft's locked in monopoly is sined, sealed and delivered. The EULA for Vista provides more evidence Microsoft is the 800 lb. guerilla that doesn't care about potential faceoffs on these issues any more. The article seems to think differently:

    If you thought that the legal troubles the company faced in the late 90s would perhaps mellow it out, you were wrong. Far from it. The draconian limitations I've discussed could only be enacted by a monopoly unafraid of alienating its users, as it feels they have no other alternative. Microsoft may yet learn, however, that there are limits to what its users will bear. To paraphrase what my fifth-grade teacher often told his rambunctious class, "Beware the wrath of a patient user base." Security pros have already given Microsoft a deserved black eye over the never-ending string of gaffes and vulnerabilities streaming out of the company. It seems now as though another black eyes and a bloody nose may be coming, along with a final wave goodbye. There comes a point at which corporate hubris causes a fall, and we may be seeing the beginning of that collapse. If so, Microsoft will have no one but itself to blame.

    I'm not sure how the article's author would see the user base reacting. Pick a different platform? How? At what expense? No, Microsoft has got this one in the bag.

    I predicted in the late 90's if Microsoft didn't have to pay real consequences for their business practices, eventually they would be rolling out OSes at any price they wanted and noone would be able to do much about it. This was at a time where hardware dramatically was decreasing in price but Windows, all flavors, continued to sustain an amazingly different cost curve. I predicted eventually:

    • Microsoft would put out an OS at around $400
    • Their OS would eventually be the largest cost of a new machine

    It looks like we're pretty close to both. I'll continue to do my development in my Linux world, but I'm guessing there will be a momentary raised eyebrow with Microsoft's Vista, Vista's EULA with it's almost amazing restrictions (especially compared with already draconian past EULAs) and then business as usual.

    1. Re:sined, sealed and delivered by Mateo_LeFou · · Score: 1

      The only surprise would be if this kind of shit werent in there.

      --
      My turnips listen for the soft cry of your love
    2. Re:sined, sealed and delivered by CastrTroy · · Score: 1

      I really don't like the whole OEM licensing thing that MS does. IF you buy the $299 dell, then you're basically paying nothing for windows, because the parts cost that much. If MS was forced to set one price for their OS, and make everyone pay that price, then I think we'd see a lot fairer prices. It's not right that someone who buys a new computer from a specific reseller gets a free OS, while those of us who choose to build our own systems, or support smaller companies, or , heaven forbid, just install a new OS in our old computer, have to pay through the nose for a product that is basically being given away to others.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    3. Re:sined, sealed and delivered by R2.0 · · Score: 1

      "monopoly is sined"

      I though all their math majors went to Google.

      "800 lb. guerilla "

      Che! Is that you? You've gained weight!

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    4. Re:sined, sealed and delivered by hawkbug · · Score: 1

      Well, through sites like NewEgg you can get OEM copies of windows. Granted, they are still over $100, but it beats the crap out of paying $300 retail.

    5. Re:sined, sealed and delivered by frosty_tsm · · Score: 2, Insightful

      "Given away" might be a bit strong, but yes.

      I wonder which happened:
      1) OEM companies didn't like that a person could buy off-the-shelf components to make a cheaper, faster, and more reliable machine. They then asked MS to make this more expensive for the user.
      2) MS realized that most of their OS sales was to OEM companies, and that they could rip off consumers buying the OS unbundled.

      What are we paying for now that we weren't getting 10 years ago? Fancier versions of Media Player (which happen to get worse and worse with every iteration)?

    6. Re:sined, sealed and delivered by x3nos · · Score: 2

      Ill probably get a downmodded as troll for this, but heh my Karma is good

      Viva la Revolucion!

      --
      /* somewhat functional - fix later */
    7. Re:sined, sealed and delivered by hal2814 · · Score: 1

      No, Captain Ron, you said there were GORillas in the jungle, not GUErillas!

    8. Re:sined, sealed and delivered by rsborg · · Score: 1
      800 lb. guerilla
      Wow, I'm getting images of a lardy Che Guevara eating peanut butter banana sandwiches :-)
      --
      Make sure everyone's vote counts: Verified Voting
    9. Re:sined, sealed and delivered by gt_mattex · · Score: 1

      I RTFA and quite frankly I'm amazed at the strong arm tactics MS is resorting to. (Yes I know, "How could you be amazed," I'm just now an anti MS zealot... at least I wasn't before I read the Vista EULA)

      I'm guessing MS is trying to maintain their market share.

      *Sigh* In the meantime I'll be installing Ubuntu. I held out on installing Linux as long as I could.

      --
      "No doubt one may quote history to support any cause, as the devil quotes scripture." - Learned Hand
    10. Re:sined, sealed and delivered by morgan_greywolf · · Score: 1
      What are we paying for now that we weren't getting 10 years ago?


      Spyware, DRM, an OS that requires 1GB of RAM and high-end accelerated 3D graphics, DRM, Trusted Computing, DRM, and plenty of 0-day exploits.

      So, in summary, I'd say mostly DRM.

    11. Re:sined, sealed and delivered by ClamIAm · · Score: 4, Funny

      Yeah, tell me about it. Soon, MS's EULAs will require a paper contract, with a notary cosine. And with every little thing they get away with, they'll get more obtuse. Of course, I feel like I'm going off on a tangent, here...

    12. Re:sined, sealed and delivered by Anonymous Coward · · Score: 1, Funny

      Microsoft's locked in monopoly is sined

      I think your hypotenuse is flawed. As a corporation, Microsoft can only cosine a monopoly.

    13. Re:sined, sealed and delivered by smilindog2000 · · Score: 1

      Sometimes it's easy to predict the future...

      As you know, Linux is growing in leaps and bounds. The rate of improvement in both Fedora and Ubuntu (the only two I follow closely) is amazing. The rate of improvement is way beyond anything Microsoft has done in years... But you're still right about Windows dominating, and users forking over the $$ to help them.

      There are basically three kinds of users: business users, professional home users, and gamers. The other sub-categories, like us hackers, are tiny in comparison.

      Business users use Windows for Microsoft Office, which is the standard. Business users WANT to pay $$ for their OS... they don't trust what's free. The #1 Linux distro for them (by installed base) is RedHat Enterprise... total crap compared to the free distros. The best Linux distro for desktop use in business IMO is Ubuntu, but try selling something that means "Being human to eachother" at the office. Fedora for business use is actively discouraged by RedHat. It's lose-lose-lose in the business front for Linux.

      Industry professionals usually buy the same OS at home that they use in the office. It let's them do work at home, something we Americans do a lot, for some reason. Again NOT Linux.

      IMO, gamers are the most powerful force here. They are the true power users. Business users could get buy with a Win98 machine forever. Gamers are the ones pushing the real need for big iron. The Linux base is too small to market games to, and unless that changes, it wont change!

      I love Linux, and I've got no Microsoft EULA here... Guess I gotta get use to being a minority.

      --
      Beer is proof that God loves us, and wants us to be happy.
    14. Re:sined, sealed and delivered by CastrTroy · · Score: 1

      This is my problem, because I chose to go to a small retailer to by my last computer, I had to pay $CDN 129 for my copy of windows. None of the big resellers (Dell,HP,Lenovo,etc.) offered a computer that had what I wanted, without a ton of extra stuff I didn't. So I ended up paying extra, just because MS decided it could have a better monopoly position by offering cheaper copies of windows to big resellers.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    15. Re:sined, sealed and delivered by Anonymous Coward · · Score: 0

      Parent deserves a few funny mods...

    16. Re:sined, sealed and delivered by Ana10g · · Score: 1

      Stupid lack of mod points!!! AUGGGHHHH!!! that was hilarious! C'mon mods! Cosine? Obtuse? Tangent? bwhahahahahaha!

      --
      just an analog boy living in a digital age.
    17. Re:sined, sealed and delivered by planetmn · · Score: 0

      You ended up paying extra for probably everything in that computer. It's called volume discounts, and everybody from the CPU manufacturer down to the software vendors offer them. There is nothing wrong with this. The best customers are generally given the best terms, since they have the most clout and if they went elsewhere, the vendor would lose the most business

      You didn't pay extra because "MS decided it could have a better monopoly position by offering cheaper copies of windows to big resellers". You paid extra because you wanted a computer that "had what I wanted, without a ton of extra stuff I didn't". Which is fine, the small retailer provided a service to you and you paid for said service.

      If you want everybody to pay the same amount for the same product, be prepared to spend a lot more on your computers in the future as the OEMs would then have to pay retail prices for the components.

      And just as a sidenote. My HP laptop hard drive failed, I got a replacement and used the restore CDs. The restore CDs give you the option of a clean OS install without all of the extra stuff. I didn't know this until I did it, and I don't know if other OEMs do the same. But I was pleasantly surprised.

      -dave

      --
      /., where "Apple and Google provide Iran with nukes" will be refuted with "But Microsoft is a convicted monopolist"
    18. Re:sined, sealed and delivered by westlake · · Score: 1
      It's not right that someone who buys a new computer from a specific reseller gets a free OS, while those of us who choose to build our own systems, or support smaller companies, or , heaven forbid, just install a new OS in our old computer, have to pay through the nose for a product that is basically being given away to others.

      Office Max has a no-name 160 GB external USB drive on sale for $80 USD.

      The mass market OEM Windows box --- the box that ships out of Austin every two or three minutes --- is what makes acquiring this level of technology dirt-cheap for the hobbyist.

      The suggested retail price for the Vista Premium upgrade is $150 USD.
      Roughly equivelent to three months of broadband cable service, three months worth of ink jet cartridges or toner.

    19. Re:sined, sealed and delivered by dpilot · · Score: 1

      Actually, the OEM Windows licensing situation it's WORSE than giving it away.

      There's the negotiated price, and then there's the rebate. I have no idea what either the negotiated price or rebate is, but I have heard the essence from multiple sources. The profits are so thin on building PC boxes, that you simply can't make sufficient profit if you buy Windows at the negotiated price. The profit comes when you get the rebate, and though they're technically not allowed to make the rebates "Microsoft loyalty tests," and maybe technically the're not, essentially they are.

      The same thing is done with Intel CPUs.

      Take a look at that new PC or laptop. Other than the brand logo, there are nearly always 2 stickers - "Intel Inside" and "Designed for Windows". Those stickers and all of their hidden implications made the boxes profitable. Maybe the situation is now a little different with the Core line, but it's been that way for a long time. Personally I've removed the stickers, and tend to reattach them to wastebaskets and urinals.

      --
      The living have better things to do than to continue hating the dead.
    20. Re:sined, sealed and delivered by Anthracks · · Score: 1

      Well played

      --
      Rock over London, Rock on Chicago. Wheaties: Breakfast of Champions.
    21. Re:sined, sealed and delivered by Intron · · Score: 1

      The problems with this EULA are becoming acute. Their legal problems will be unparalleled. In plane speaking, I expect to see revolution.

      --
      Intron: the portion of DNA which expresses nothing useful.
    22. Re:sined, sealed and delivered by Intron · · Score: 1

      No need for EULA. FF XII is out.

      --
      Intron: the portion of DNA which expresses nothing useful.
    23. Re:sined, sealed and delivered by slackmaster2000 · · Score: 1

      I think that you're sort of on the right track with your thoughts here, but you make a lot of claims and assumptions that aren't quite correct.

      First, Linux is "growing", as in "getting better", yes - especially the distributions you mentioned. However, what these distributions are doing is becoming more home-PC-friendly. They are essentially becoming more like Windows. Despite its shortcomings (and I am no big fan), Windows is an operating system that any boner on the planet can install and use. Linux distributions like Ubuntu want to provide this same experience, but without all of the shortcomings of Windows. As an Ubuntu user myself, I don't think it's quite there yet. Using just the default software selection and features though, yeah it's real close.

      Second, there are more user types than the ones you list. I think you actually left out what is probably the largest user group: ordinary home users. These people use the computer for the web, email, personal finances, school reports, media, and maybe the occasional game. These people are *very* important, because they are just savvy enough to use a computer, but dumb enough that even the simplest of problems or a procedure with more than three steps can bring them down. The operating system must dumb itself down to cater to this crowd, while still providing a robust, secure experience. Not easy.

      Third, your assumptions about what business users want are a bit off. While the claim that business users don't trust things that are free is pretty common, that's really not the reason they're not jumping all over free software. The problem here is twofold: first they want to use the software that they've invested large sums of money in, both in purchase/support costs and customization costs. Most often this software will be running on Windows, and that's just the way it is. Secondly, the business world can be more efficient when everybody is running the same basic software, such as Microsoft Office. While software of this type can often import and export to other formats, they are not fully feature-compatible, which can be important when you're doing something like change tracking in a legal document that's flying around between two or more organizations.

      Fourth, I believe that you're mixing up the needs of hardcore gamers and business users. It's the gamers that could get away with Windows 98 forever. The giant improvements from Win9x to NT are more important to business users who can't afford to have things break. A gamer will benefit also (as will all user groups), but as long as the game runs fast, that's all that matters. These guys are constantly screwing around with the system anyhow. At any rate, I don't think that serious gamers are as giant a force as ordinary users and business users when it comes to OS dominance, especially with consoles having come along so far. The PC Gaming section of your local game shop is no doubt a pretty small portion of the store by now.

      What holds back Linux on the desktop the most at this point is that most home and business users don't care about the operating system or know enough to know why they should care about the operating system. They just want to run this or that program. Security problems? Hey, it's just part of running a computer, that's why I bought Norton Awesome Internet Security Defender Virus Malware Spyware Destructionator 2006.

    24. Re:sined, sealed and delivered by multipartmixed · · Score: 1

      > Microsoft's locked in monopoly is sined, sealed and delivered.

      I think you're getting off on a tangent.

      --

      Do daemons dream of electric sleep()?
    25. Re:sined, sealed and delivered by multipartmixed · · Score: 1

      You should've just bought a million computers, then, instead of just one. I'm sure you would have gotten Windows for the same price as everybody else buying a million licenses at a time.

      --

      Do daemons dream of electric sleep()?
    26. Re:sined, sealed and delivered by Maxo-Texas · · Score: 1

      Win XP Home.

      Fry's complete system for $229. The hardware would cost me that much to scratchbuild it.

      The price you pay is pretty variable.

      My current main box was $300- I upgraded it for about $229 to compete with $1100 (at the time) boxes and it's whisper quiet.

      I'm definately moving away from Windows more each year tho. Almost every app you need you can find an opensource version that runs both on windows and on linux/mac.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    27. Re:sined, sealed and delivered by davidsyes · · Score: 1

      Quick stab... Would that be COsined, or siGned? Sorry... Anyway...

      OK, this one is LONG, but I hope it's useful. I'm aware that various mags covered some of this in:

      Compiz/XGL/OpenGL

      XGL: LXF 83, P57
      Compiz: LM #68 p24 & p28
      OpenGL: LM #68 p21
      Compiz: LM #85 p96

      Alternate Window Managers:

      LU&D: #65 p42
      LMP: #68 p32

      LXF= Linux Format
      LM/LMP= Linux Magazine/Linux Magazine Pro
      LU&D= Linux User & Developer

      But this is my personal experience:

      Personally, I've seen the Vista beta on an Lenovo laptop (forget the model...). It LOOKED kinda neat, all glassy and black, but it looked dense and maybe imposing. Honestly, for some reason, it MIGHT have been a more interesting if it had not been from ms, or if it had been some 3rd-party add-ons to enhance XP.

      But, I just managed to get 3D effects. Admittedly, I didn't do any Compiz research other than reading a few of the Linux mags. But, quite by accident or serendipity did I figure out that pressing Ctrl+Alt and left-mouse-click rotated the Cube.

      Specs of my machine I bought in Sept 2001:

      Mandriva 2007 Free (From Linux-Magazine Pro, Issue 72)
      FIC MOBO
      -800 MHz Celeron chip
      -256 MB RAM (and it runs on 128, too)
      -128 MB CompUSA/ATI Radeon 9250chipset
      -17-Inch Hyundai ImageQuest L70S (VGA, not DVI)

      BUT, I found the OpenSource drivers for fglrx DON'T enable 3D, nor do the downloadable ATI drivers (the mags and Mandriva supply) I found in Linux Magazine. If I instead set the card to ATI Radeon (the generic/PLAIN driver choice, not fglrx), mysteriously, 3D effects are available, even tho the vt/console-run instance of drakconf/3D Desktop Effects module says "Your hardware does not support 3D Desktop Effects".... I DID have some trepidation when making the card selection. Also, there tends to be a small amount (and intermittent in presence) of "scrunched" fonts, but not at this moment, since I switched out of Full 3D.

      I am using the AIGLX settings, since the Xgl settings won't let KDE nor Gnome get to the desktop. They blow up after some minutes of hesitation and then the log-in screen reappears. But, AIGLX boots smartly and nicely. SO, this is probably something to do with my card, or the specific, available drivers.

      (BTW, on a lark, I reinstalled my OLDER ATI RageXL 16 MB vid card and Xinerama options appear in KDE/MCC (Mandriva Control Center), but since only have ONE hardware display, I had to move the cable from card to card. That brought out something I found interesting: On the main screen, the Mandriva FREE desktop that doesn't show user icons (despite my TELLING KDM to do so) and that blocks my login screen rotating images (many of them, changing once per minute). But, on the SECOND screen (same LCD, plug moved to older/2nd card), the login screen images appear and they rotate. I WISH Mandriva would quit being a pain in this regard. Also, my mouse settings keep aborting/never stick, and on most boots I have to reconfigure the mouse, save the X options, and cross my fingers. I previously blamed it on the Win4Lin kernel (on my Mandrake 10.1 daily and Mandriva 2006 test systems) then realized it was more about Mandriva, not Win4Lin.... )

      (Another nice aside: My old (from 2002) BTV 847)

      Interestingly, if I set the options minimally, I can move windows and apps around quickly. Also, the windows and applets wobble and fade and have nice translucency. I like how they zoom-fade-suck in to the Extra Task Bar when I click an app icon on the taskbar. I still have to figure out the switcher. And, I still need to try out Quinn's submissions in Compiz-Quinn....

      Now, I've read (in Linux Magazine I think) that Vista will require:

      -512 MB video Card (I've seen a 256 MB card in CompUSA claiming it's "Vista Capable"... note a difference from "Vista-Ready") ($150-$199)
      -1 GB system RAM ($brand-dependent, but assume around $150-$200)
      -2 GHz CPU/new mo-bo? (assume around $200-$400)

      Vista could cost $400, depending on

      --
      Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
    28. Re:sined, sealed and delivered by mochan_s · · Score: 1

      I secant that.

    29. Re:sined, sealed and delivered by walt-sjc · · Score: 1

      Windows is an operating system that any boner on the planet can install and use.

      I dispute that.

      Windows is easy to install if you have it pre-installed on a machine for you (oem install).

      Give the average Joe on the street a windows install disk and they won't be able to do it because the drivers for his video card/ sound / network are not included with windows. Windows fails the "grandpa test" - something that Ubuntu is wonderful at.

      On the other hand, trying to get an all-in-one printer/fax/scanner working on Linux will make even a seasoned kernel developer go catatonic (which isn't the fault of Linux, but rather the device manufacturer - but that's a whole other story...)

    30. Re:sined, sealed and delivered by networkBoy · · Score: 1

      Nah, just Grues.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    31. Re:sined, sealed and delivered by speculatrix · · Score: 1

      My HP laptop hard drive failed, I got a replacement and used the restore CDs

      Not so with Sony... my TX2/XP came full of crap, when I wanted a small XP install and leave the rest for linux. So, I created my product recovery disks, repartitioned it, but it wouldn't reinstall without a 27GB C: drive; it proceeded to install XP plus Yahoo messenger and other junk without asking. It persistently wanted the second recovery DVD, so I let it run; it filled up C with demos of Office, Norton, yada yada. I then deinstalled all the demos, removed the junk, and got it down to 8G of XP.

      Afterwards, I found out that the recovery partition is just NTFS with a different label, so you can customise the recovery if you want.

    32. Re:sined, sealed and delivered by Anonymous Coward · · Score: 0

      I must say that I find your post hyperbolic.

    33. Re:sined, sealed and delivered by Omega+Blue · · Score: 1

      "Pick a different platform? How? At what expense? No, Microsoft has got this one in the bag."

      I am not sure if I am really dumb or something, but I fail to see any tremendous cost of migrating to another OS. Lets see. All the workstation applications can more or less be replaced by FOSS counterparts. This is particularly true now that China, Japan and Korea (not to mention a host of European and Third World countries) are on the GNU/Linux bandwagon. In fact, nobody knows how many GNU/Linux workstations are out there right now. That market is huge.

      So what's left? Most servers are either GNU/Linux or Unix anyway. The place where MS holds sway is just the workstation desktop, and I don't see how anything there cannot be changed without a lot of cost.

  3. Oh boy by DurendalMac · · Score: 3, Insightful

    Defender automatically removing stuff without the user knowing. That's just asking for problems. How long before there's a widespread outbreak of Defender deleting perfectly legitimate software?

    1. Re:Oh boy by Dr+Caleb · · Score: 1

      I run Distributed.net on all MY home PC's, and Symantec flagged that as malware years ago. I'll bet Defender flags things like Nero as malware, because they could be used for nefaroius purposes that conflict with Media Player 11.

      --
      "History doesn't repeat itself, but it does rhyme." Mark Twain
    2. Re:Oh boy by kfg · · Score: 1

      How long before there's a widespread outbreak of Defender deleting perfectly legitimate software?

      This is not possible, by definition.

      KFG

    3. Re:Oh boy by FudRucker · · Score: 1

      horsesh!t...

      Microsoft Window's track record of vulnerabilities going all the way back to their beginnings are a great resource for predicting the quality and poor security of Microsoft's next product release (Vista). and i agree with the grand-parent's post that it is plausible that this Defender could easily be corrupted or infected to do bad things (deleting system files, or any other data...

      --
      Politics is Treachery, Religion is Brainwashing
    4. Re:Oh boy by CodeMasterPhilzar · · Score: 2, Insightful

      It would seem to me that is a virus-writer's wet dream... All they need do now is trick Defender into identifying some other parts of your system as spyware... And the snake eats itself... Or some such...

      --
      --- Just another Code-Monkey
    5. Re:Oh boy by Anonymous Coward · · Score: 0

      If Defender deletes enough software, does the planet explode (at least until the next wave which is a multiple of 5)?

    6. Re:Oh boy by kfg · · Score: 1

      I suspect you did not understand the point of my post.

      KFG

    7. Re:Oh boy by zxnos · · Score: 1
      only "software rated 'high' or 'severe'"... ..."it is possible that you will also remove or disable software that is not potentially unwanted software." (6. potentially unwanted software). microsoft is soft on malicious code and they get beat down for it, they try to protect the average user - and warns him/her - and they get beat down for it.

      sounds like a fair amount of 3rd party security software i have used in the past.

      what would you like them to do?

      --
      always mosh clockwise
    8. Re:Oh boy by modecx · · Score: 1

      Quoth Windows Defender about a month after Vista's launch: "I know I've made some very poor decisions recently, but I can give you my complete assurance that my work will be back to normal. I've still got the greatest enthusiasm and confidence in the mission. And I want to help you."

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
    9. Re:Oh boy by FudRucker · · Score: 1

      sarcasm?

      --
      Politics is Treachery, Religion is Brainwashing
    10. Re:Oh boy by teh_chrizzle · · Score: 1

      install and run editpad classic on your XP pro machine and then scan it with defender. defender eats it without a warning. given a choice between defender and editpad, i chose editpad.

      --
      sarcasm:
      -noun
      1. harsh or bitter derision or irony.
    11. Re:Oh boy by Mornedhel · · Score: 1

      That's just asking for problems.

      Not necessarily for very long :

      Defender has detected a serious threat and will attempt to remove the following programs :
      - defender.exe

      --
      This /.-related sig is a stub. You can help Mornedhel by expanding it.
    12. Re:Oh boy by s31523 · · Score: 1

      Or a virus that exploits something in Defender and then goes about deleting things near and dear to the user...

    13. Re:Oh boy by kfg · · Score: 1

      "Only one thing is impossible for God: To find any sense in any copyright law on the planet." -- Mark Twain

      Sam was an ardent supporter of expanding copyright term to life of the author plus 50 years, although his support was based on emotion, not sense.

      As a member of the public I cannot agree with him, but as a father I can at least understand his motivation; especially as we both had only daughters, only his had to live in Victorian/Edwardian times. Not a good period for a woman without independent means.

      KFG

    14. Re:Oh boy by cliffski · · Score: 1

      well many users are stupid, many users dont take any steps to remove malware from their machines. Many of those users end up as parts of botnets that cause spam attacks for everyone.
      Microsoft are damned if they do and damned if they dont. Making the system default to dealing harshly with malware sounds a *good* thing to me. Sure theres a chance of a false positive, but given the fact that I'm getting maybe 50 spams an hour at a minimum, anything that helps cut down on the amount of zombied machiens out there is a good thing.

      And as for the system having more restrictive DRM on it, who is suprised? software and video and music piracy is spiralling to ridiculous levels, does anyone really think that there isnt overwhelming pressure to limit this at the O/S level?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    15. Re:Oh boy by Anonymous Coward · · Score: 0

      Yeah, I heard of this malicious virus called "Firefox" or something... seems to be gaining ground, probably attacks along the internet tubes. I'm sure Defender will work quickly to stamp out that particular infestation!

    16. Re:Oh boy by kfg · · Score: 2, Insightful

      Yes. The point being that when you "enable" Defender you are no longer the authority on what is and is not legitimate software. The fact that you classify the software as legitimate is no longer a relevant factor.

      Abrogation of authority to a "higher power" is not a bug, it's a feature.

      KFG

    17. Re:Oh boy by Zone-MR · · Score: 1

      So virus writers can either:

        * Write a clever virus which tampers with Windows Defenders signatures and makes it remove legit files. This makes the virus code very fragile as it depends on a particular version of Defender and exploits which MS will quickly disable via Windows Update.

      or:

        * Simply make the virus delete the legit files it wants directly, and skip the middle-man.

    18. Re:Oh boy by Ana10g · · Score: 1
      what would you like them to do?
      Just go away!
      --
      just an analog boy living in a digital age.
    19. Re:Oh boy by Anonymous Coward · · Score: 0

      Ooops... replied to the wrong thread. Need coffee.

    20. Re:Oh boy by coats · · Score: 1
      ...software and video and music piracy is spiralling to ridiculous levels...
      Do you mean the pirates in Washington, or do you mean the pirates in Hollywood? Note that the Disney oreganization started its life by stealing from Buster Keaton...
      --
      "My opinions are my own, and I've got *lots* of them!"
    21. Re:Oh boy by cliffski · · Score: 1

      I mean people who copy and distribute copyrighted works without the authors permission, and without compensating the author for the effort involved in its creation. Thats too long to type, so I used 'piracy'.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    22. Re:Oh boy by captainClassLoader · · Score: 1

      How long before some genius finds a way to make Defender delete itself?

      --
      "The plural of anecdote is not data" -- Bruce Schneier
    23. Re:Oh boy by init100 · · Score: 1

      And as for the system having more restrictive DRM on it, who is suprised? software and video and music piracy is spiralling to ridiculous levels, does anyone really think that there isnt overwhelming pressure to limit this at the O/S level?

      And I predict that the piracy will continue unabated, despite restrictive DRM being integrated into Vista. The only victims of the DRM will be those customers that actually pay for their software/music/movies. DRM will simply be a punishment for staying legal.

  4. The only winning strategy by j00r0m4nc3r · · Score: 5, Funny

    Is not to play

    1. Re:The only winning strategy by hurting+now · · Score: 1

      Plays for Sure seems to fall faster and farther into the night.

    2. Re:The only winning strategy by Anonymous Coward · · Score: 0

      Funny indeed: that is exactly what I say about government.

    3. Re:The only winning strategy by cant_get_a_good_nick · · Score: 1
      The only winning strategy ... is not to play

      Funny indeed: that is exactly what I say about government.


      The only problem with this, if you don't play, the politicians still play you.
  5. Moo by Chacham · · Score: 4, Funny

    I have the best comment *ever* about this story.

    I'll post it as soon as Microsoft oks it.

  6. No benchmarking? by Anonymous Coward · · Score: 0
    Ok, then in that case, I'll just assume that everyone else's product is better and I'll buy theirs.

    There you go, problem solved.

  7. At least the EULA's are still being read.. by Crasty · · Score: 0

    I've held the fear for years that Microsoft would release an OS with a nice little "All your base are belong to us" slipped in, and next thing you know, they have some rediculous claim over you and your stuff, and you agreed to it!

    1. Re:At least the EULA's are still being read.. by drinkypoo · · Score: 0

      Microsoft cannot set up us the bomb in that way, because you cannot sign away your rights.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  8. Not that i ever considered it.. by Nemetroid · · Score: 0

    ..but thank god i will never have to install Vista on a machine that i use.

  9. Defender by prelelat · · Score: 1

    You can always turn off the defender in Vista, though they don't make it easy to find the off switch.

    1. RE: Defender by ColdWetDog · · Score: 1
      You can always turn off the defender in Vista, though they don't make it easy to find the off switch.

      It's the big round one, the same one that turns the fans off.

      --
      Faster! Faster! Faster would be better!
  10. Surprised? by Anonymous Coward · · Score: 0

    No, of course not... it's M$ afterall.

  11. who cares by tehwebguy · · Score: 1

    this is awful, but i'm sure few of the people reading this will become vista users anyway.

    most of us have probably been bugging our families and friends to try ubuntu or buy a mac for the past few years. i switched to a mac this year and never looked back. there are people with MUCH higher application and compatibility requirements than myself who can switch to linux (or apple)

    --
    -- lol pwned
  12. .net3 is more benchmark friendly then .net2 by TheSunborn · · Score: 1

    Then betchmark clasue for .net is better then it is for .net2. For .net2 it says you are not allowed to post any benchmark at all, unless you have a written accept from Microsoft.

    With .net3 you just have to give all sourcecode in your benchmark to microsoft.

    1. Re:.net3 is more benchmark friendly then .net2 by Anonymous Coward · · Score: 0

      What's Microsoft going to do if you publish a benchmark? Call the police? LOL

    2. Re:.net3 is more benchmark friendly then .net2 by DrSkwid · · Score: 1

      send in FAST now that you're using an Unlicensed copy since you broke the EULA therefore you have no license

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    3. Re:.net3 is more benchmark friendly then .net2 by Tweekster · · Score: 1

      And personally I would ignore both of those licenses as they are both illegal and would be easily defeated in court.

      And MS knows this too

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
  13. Kiss of death for Enterprises by TedTschopp · · Score: 1
    6. USE WITH VIRTUALIZATION TECHNOLOGIES. You may use the software installed on the licensed device within a virtual (or otherwise emulated) hardware system on the licensed device. If you do so, you may not play or access content or use applications protected by any Microsoft digital, information or enterprise rights management technology or other Microsoft rights management services or use BitLocker. We advise against playing or accessing content or using applications protected by other digital, information or enterprise rights management technology or other rights management services or using full volume disk drive encryption.


    And in a large enterprise where we use VMware to run Windows servers on our big IBM boxes, how in the world will we be able to insall Vista.

    This will mean that Large Enterprises who do hardware virtualization for security and performance uptime will be screwed.
    --
    Fantasy remains a human right; we make in our measure and in our derivative mode... -- JRR Tolkien
    1. Re:Kiss of death for Enterprises by Anonymous Coward · · Score: 0

      Exactly their intent. They want you to use MS Virtual Machine, which will not have this limitation.

    2. Re:Kiss of death for Enterprises by CastrTroy · · Score: 1

      I can understand them not wanting you to use the DRM stuff under a VM, because then you could circumvent the DRM. However, I don't really get the bitlocker thing. Why not allow people to encrypt their files in a VM? Is there some sort of flaw or back door that they know of that they don't want people to find? There's no reason why I shouldn't be able to use bitlocker on my VM, it's my files, I should be able to know how they are being encrypted.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    3. Re:Kiss of death for Enterprises by foamrotreturns · · Score: 1

      With that little bit there, it appears that I can't even run Vista in VMWare for the purpose of purchasing (and playing) music from the Zune Marketplace on my Linux machine. I could have been a customer of theirs. They could have been making real money off me in Vista license fee and cash from music sales. But if the only reason I need Vista is for the Zune store, and I am not allowed to use my legally acquired music through the use of that software, I will have use for neither Vista nor Zune. Way to go, geniuses.
      Lameness filter blocked my clever ascii art of a MS gun shooting a foot. Ya shoulda seen it. It was great.

    4. Re:Kiss of death for Enterprises by DrSkwid · · Score: 1

      This will mean that Large Enterprises who do hardware virtualization for security are deluding themselves.

      http://www.andrew.cmu.edu/user/crd/qemu_openbsd_no te.html

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    5. Re:Kiss of death for Enterprises by drinkypoo · · Score: 1
      And in a large enterprise where we use VMware to run Windows servers on our big IBM boxes, how in the world will we be able to insall Vista.

      What they're saying is that windows DRM cannot be counted on to work properly inside of a virtual machine. If that is somehow an unreasonable statement, I haven't yet figured out how.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:Kiss of death for Enterprises by TedTschopp · · Score: 1
      If you do so, you may not play or access content or use applications protected by any Microsoft digital, information or enterprise rights management technology or other Microsoft rights management services or use BitLocker.


      So what exactly is the scope of this phrase, does it include using an active directory user and limiting their rights to the file to be read only, say on a webserver? So lets say I want to put a picture up on a website and give access to just the .NET account so it can serve it up with the web server. The server is running on Vista which is running in VMware on a much larger machine. This being a standard way of deploying webservers in an enterprise.

      Is the above a violation of the EULA?

      Now lets say it's not a picture that I'm serving but a Web Service?

      I can't see this in any other way than killing Vista in the enterprise.
      --
      Fantasy remains a human right; we make in our measure and in our derivative mode... -- JRR Tolkien
    7. Re:Kiss of death for Enterprises by Anonymous Coward · · Score: 0

      They want you to use MS Virtual Machine

      I'm guessing that Mac Boot Camp may also have influenced Microsoft to restrict their entry level operating systems from running in a virtual environment. Picture how many people are seriously considering a Mac with the thought of a cheap MS OS as an add on to keep application compatibility. Why let your competition establish a larger user base and let application developers start writing cross platform applications or migrating off completely.

      Jim

    8. Re:Kiss of death for Enterprises by nonlnear · · Score: 1
      From TFA:
      6. USE WITH VIRTUALIZATION TECHNOLOGIES. You may use the software installed on the licensed device within a virtual (or otherwise emulated) hardware system on the licensed device. If you do so, you may not play or access content or use applications protected by any Microsoft digital, information or enterprise rights management technology or other Microsoft rights management services or use BitLocker. We advise against playing or accessing content or using applications protected by other digital, information or enterprise rights management technology or other rights management services or using full volume disk drive encryption.
      drinkypoo said:
      What they're saying is that windows DRM cannot be counted on to work properly inside of a virtual machine. If that is somehow an unreasonable statement, I haven't yet figured out how.
      The second part is definitely advice. As you say, this is completely reasonable. The first sentence is clearly an explicit prohibition. The purpose also seems pretty clear: it is to give MS another legal tool to combat anyone who wants to reverse engineer or just analyse their encryption/DRM technologies - for whatever purposes. No security research is allowed by the EULA. Microsoft is taking complete control of all the data in any security discussion about Windows Vista. Conclude what you will. (Of course, occasionally an "independent" researcher will be granted permission to look into issues that may come up -but any such permission is outside the scope of the EULA.)
      --
      argumentum ad fallacium: Fallacy of defining a fallacy which allows one to dismiss the argument in question.
    9. Re:Kiss of death for Enterprises by teh_chrizzle · · Score: 1

      there are similar nasties in the XP EULA about not using any software to access an XP machine other than netmeeting or the remote desktop client from microsoft. many foretold this as being the end of VNC and gotomyPC and it wasn't. i do not believe that a single lawsuit has been filed despite the successes of noMachine, logmein.com and others.

      my theory is that they want to stop people from using vmware player or other free VM's to run cheap windows installs on an Xsession or linux terminal server... you know, start VistaCheap in a VM hosted on a linux server then export the display to another machine that is not windows either, and is not in posession of a client access license. i think that they are doing this to protect windows terminal server (and the revenue generated by those Terminal Server Client Access Licenses) for running windows based thin clients. if that's true then it's ironic since TSCALS are priced to be more expensive than an OEM copy of windows when you factor in the cost of the terminal server. that way you will be more inclined to use traditional PCs and not thin clients. i know VMWare is cooking up something like this solution with WYSE and a couple of other vendors where you can use a thin client to access one of many windows VMs running on a server.

      i would also imagine that they are doing this so that you cannot affordably use a cheap vista virtual machine to circumvent DRM on your non-windows PC. for enterprises adopting this "security" measure, they will have to choose between vista and macOS. i currently use Qemu and Q to run a win2k machine on my macbook at work. that way i can do all those windows things on AD and still use the mac for it's intended purpose.

      MS may also want to use this provision to sue people who distribute the blue pill and similar virtualization attacks to create botnets.

      --
      sarcasm:
      -noun
      1. harsh or bitter derision or irony.
    10. Re:Kiss of death for Enterprises by Al+Dimond · · Score: 1

      It's unreasonable because virtual machines are designed to simulate computers exactly. If they can't run Windows DRM it would be a bug in the VM.

      Best guess I have is the reason they don't want people doing it is that it would allow people to hack the DRM more easily. And it would. You can trace the execution of a program and directly read out memory contents very easily using a virtual machine or debugger. I've heard Vista won't allow the use of debuggers on DRM-related programs, but if you're running in a virtual machine they can't stop you from looking at memory and register state. With a virtual machine you could in theory, for example, have virtual video and sound hardware that would allow you to crack HDCP. You could step through Windows DRM code instruction-by-instruction to figure out where they keep decryption keys for their music files. This isn't exactly easy, and I'm sure they put lots of hurdles in your way, but a determined and smart hacker could probably figure it out.

      At least until TPC is turned against us. Once that happens the ability of a virtual machine to fake-out an OS is constrained.

  14. What an Awesome Idea! by Mateo_LeFou · · Score: 3, Funny

    If we keep brainstorming great stuff like that, we will be able to do all kinds of awesome stuff, like:

    study our own computers' performance.
    tell people what we find
    share ideas on how to improve them

    Before you know it, we'l have "free speech" as I like to call it.

    --
    My turnips listen for the soft cry of your love
    1. Re:What an Awesome Idea! by ryanelm · · Score: 1

      Id like to see microsoft ban the use of machines with their software on them by anyone who hasn't approved the EULA. The more 1984 they get the less people will want to use them.

    2. Re:What an Awesome Idea! by Mateo_LeFou · · Score: 1

      Well since they'e not the government (officially), they can't actually ban such. They could impose a condition on whoever clicks through the EULA that heshe is responsible for EULA-violating behavior by anyone who ever uses the machine. In fact I wonder if there's such a condition floating around somewhere...

      --
      My turnips listen for the soft cry of your love
    3. Re:What an Awesome Idea! by MECC · · Score: 1

      "The more you tighten your grasp, the more star systems will slip through your fingers."

      --
      "We are all geniuses when we dream"
      - E.M. Cioran
    4. Re:What an Awesome Idea! by RichMan · · Score: 1

      > Well since they'e not the government (officially), they can't actually ban such. They could impose a condition on whoever clicks through the EULA that heshe is responsible for EULA-violating behavior by anyone who ever uses the machine. In fact I wonder if there's such a condition floating around somewhere...

      Just get some minor to click it. Or let your dog/cat play with the mouse.

      In any case how can they prove "YOU" clicked it.

    5. Re:What an Awesome Idea! by toadlife · · Score: 1

      "In any case how can they prove "YOU" clicked it."

      That's up next in 'Windows Panorama' 2009. By then every machine will have a TPM module inside and (by law) come equipped with a thumb-print/retina scanner. And instead of "clicking", you'll be "submitting" when the EULA comes up.

      --
      I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
    6. Re:What an Awesome Idea! by ultranova · · Score: 1

      In any case how can they prove "YOU" clicked it.

      Why would they need to, when they can just keep the case going until you'll go banckrupt ? Alternatively, they could - as a gesture of goodwill - settle with you out of court. It should give them nice additional revenue too.

      Yes, it is only a matter of time until Microsoft takes up the fine traditions of RIAA, MPAA and Mafia. They have to try and maximize their shareholder value, after all.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    7. Re:What an Awesome Idea! by Gospodin · · Score: 1

      Sorry, but I patented "free speech" back in 1973. You owe me $1 million.

      --
      ...following the principles of Heisenburger's Uncertain Cat...
    8. Re:What an Awesome Idea! by smittyoneeach · · Score: 1

      Ah, yes: the silent 'r'. The misguided masses often still say "fuh-ree" speech, when they really mean "fee" speech.
      We must either educate them better, or whisk them off to a battlefield.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    9. Re:What an Awesome Idea! by gaveawaymyname · · Score: 1

      Can we just make this the alt-text for the Windows/Billy G. icons?

    10. Re:What an Awesome Idea! by compro01 · · Score: 1

      Just get some minor to click it.

      technically, the minor would be acting as your agent in it with your authorization, so it would be the same as if you clicked it yourself.

      --
      upon the advice of my lawyer, i have no sig at this time
    11. Re:What an Awesome Idea! by Opie812 · · Score: 1

      Sorry, but I patented the free speech patent in 1967.

      You owe me

      One hundred

      *raises pinky to lip*

      Billion

      Dollars.

      --
      I'm not a nerd. Nerds are smart.
    12. Re:What an Awesome Idea! by Supergibbs · · Score: 1

      And every couple minutes a dialog box will pop up forcing you to resubmit the EULA to verify that the current user has OKed the EULA

      --
      First post! (just in case I am...)
    13. Re:What an Awesome Idea! by Drooling+Iguana · · Score: 1

      Wouldn't that patent have expired some time in the 1990s, then?

      --
      ... I'm addicted to placebos
    14. Re:What an Awesome Idea! by Gospodin · · Score: 1

      The first rule of patent law is: Never let the facts get in your way.

      --
      ...following the principles of Heisenburger's Uncertain Cat...
    15. Re:What an Awesome Idea! by eno2001 · · Score: 1

      Easy... Microsoft is BIG on ebonics. You know... that technology where they scan your DNA from a drop of blood? So, I suggest to Microsoft that they REQUIRE as a mandatory piece of hardware, a pinprick login device that checks your blood to make sure you are who you say you are. Then, no matter which machine you use, they will know you're using it and they will know if you clicked the agreement at one point in time. That's all it will take. Thanks to ebonics.

      --
      -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
    16. Re:What an Awesome Idea! by mink · · Score: 1

      You bring the kid in the room and show them the screen, saying "Now whatever you do do not click on this button." and then leave them alone for some time.

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  15. I say we encourage them as much as possible... by cascadefx · · Score: 1

    The more I see Microsoft do this, the more I applaud them. I hope they continue to do more and more of this stuff. I mentioned some of these things in an earlier leaked EULA to my wife and she stated that she'd rather put Linux on our computers than be micro-managed by any software company.

    Cool.

    Steve, Bill. You and your engineers are doing a great job. Keep it up. Is there any way you could be more restrictive and sell it as consumer choice? If so, do it.

    1. Re:I say we encourage them as much as possible... by Albert+Sandberg · · Score: 1

      Amen!

    2. Re:I say we encourage them as much as possible... by Anonymous Coward · · Score: 0

      You are obviously in the minority and not their target audience.

      I don't know anybodys wife here in Southern California who would even know what Linux is or care what the Operating System does. To them when I loaded Vista they would say "oohh it looks prettier and a little easier to use"; thats it nothing more and nothing less.

      Price, DRM and picking apart the OS is not releveant to the majority out there; they simply want to load up their computer and start using everything. Only people going to care about are well "Slashdot:News For Nerds"; cold hard reality.

    3. Re:I say we encourage them as much as possible... by SeattleGameboy · · Score: 1
      I mentioned some of these things in an earlier leaked EULA to my wife and she stated that she'd rather put Linux on our computers than be micro-managed by any software company.

      Aw, C'MON, give me a break. The above quote clearly states that you have no wife or a girlfriend (at least not of any female kind).

    4. Re:I say we encourage them as much as possible... by cascadefx · · Score: 1

      Sorry to disappoint. But I do have a wife and a child (between us) no less.

  16. Message to OS X by Anonymous Coward · · Score: 0

    I guess this is another message to OS X and Darwin people/developers. Just build a driver for every freakin' card out there, call the game developers to put their games on your OS, sell your OS on the shelf, next to all other software, make sure that you have all the big guys sell their laptops and desk tops with a choice of OS X or "otherwise", next thing we know, ALL users are dropping this weird thing called MS windows. It is just a matter of time, hardwork, and patience. After all, OS X is BSD, the ultimate nightmare of windowz people.

    1. Re:Message to OS X by __aaclcg7560 · · Score: 1
      Maybe you didn't see the message at WWDC 2006:

      "I have a personal message from Steve Jobs. Just relax that brain for a while. Let's let the Mac users experience compatibility problems. Tend to your compost pile, your poetry, your art. You can help out on Vista, we can use your help there. Whatever else you've been working on, you can stop now. We went to the Big Island together, lots of karaoke."
  17. The Benchmarking is for .NET 3.0 only (FUD) by Trevahaha · · Score: 3, Insightful

    There are only restrictions involved in posting benchmarks for .NET 3.0 . And these restrictions only require that you state what version you were using and the methodology you took. It doesn't have any restrictions on "bad" results or any attempt to stop people from reporting accurate results. They wrote these restrictions to prevent people from testing .NET on a 386 and then JAVA on a 3 GHZ and saying "See JAVA is faster!" and it's similar to the restrictions for .NET 1.1 and 2.0... it's just because it's bundled with Vista that it's now included with the Vista EULA.

    1. Re:The Benchmarking is for .NET 3.0 only (FUD) by Jonsey · · Score: 1

      He's correct, this is FUD only, it's just the late-week MS bash thread.

      --
      I assert that my comment is only my opinion, not that of any employer, past, present or future.
    2. Re:The Benchmarking is for .NET 3.0 only (FUD) by SpeedyGonz · · Score: 1

      ... to prevent people from testing .NET on a 386 and then JAVA on a 3 GHZ and saying "See JAVA is faster!"...

      * Troll mode On *
      Similar to what M$ has done in the past when comparing Linux's TCO with theirs, i guess.
      * Troll mode Off *

    3. Re:The Benchmarking is for .NET 3.0 only (FUD) by Anonymous Coward · · Score: 0

      Yes.. I can see how enforcing basic journalistic honesty is the proper job of a FUCKING EULA.

    4. Re:The Benchmarking is for .NET 3.0 only (FUD) by Eco-Mono · · Score: 1

      I agree on the benchmark thing... it's just .NET's benchmark agreement and not a big deal. The other stuff (virtualization, Defender, DRM stuff) is serious, though, and doesn't deserve the FUD tag.

      --
      (rot13) rpbzbab@tznvy.pbz
    5. Re:The Benchmarking is for .NET 3.0 only (FUD) by qnetter · · Score: 1
      These restrictions are trivial compared to others in the area:
      You may use the Software to conduct internal performance testing and benchmarking studies, the results of which you (and not unauthorized third parties) may publish or publicly disseminate; provided that VMware has reviewed and approved of the methodology, assumptions and other parameters of the study. Please contact VMware at benchmark@vmware.com to request such review.
      ..."You can publish it only if we give you permission after seeing your results."
    6. Re:The Benchmarking is for .NET 3.0 only (FUD) by Doctor+Memory · · Score: 1

      Actually, I wouldn't have been surprised if they had come out with a blanket "no benchmarking" clause (except that it's difficult to benchmark an entire O/S). That's pretty common with high-end software (databases in particular), so MS would just be applying it to something more common.

      I don't remember exactly what the restriction is, but I think that nobody can publish TPC (the Transaction Processing Council) benchmarks, they can only submit them to the TPC, which will then make them available. So if your new system breaks the old record, you can't tell anyone until the TPC releases the information, which I'm sure just twists the guts of many a marketroid in the RDBMS and high-end server segments....

      --
      Just junk food for thought...
    7. Re:The Benchmarking is for .NET 3.0 only (FUD) by belmolis · · Score: 1

      No, it isn't just .NET. Microsoft has such restrictions in the EULAs for other products as well, such as XML and SQL Server. See this EFF piece on problems with EULAs. To be fair, this isn't new in VISTA - Microsoft has had these restrictions since at least 2003, and it isn't just Microsoft that does this. Other companies with similar EULAs include McAfee and VMware.

    8. Re:The Benchmarking is for .NET 3.0 only (FUD) by JamesP · · Score: 1

      to prevent people from testing .NET on a 386 and then JAVA on a 3 GHZ and saying "See JAVA is faster!"
      I have my doubts; My money's on "only a little bit faster"

      --
      how long until /. fixes commenting on Chrome?
    9. Re:The Benchmarking is for .NET 3.0 only (FUD) by Darth · · Score: 1

      These restrictions are trivial compared to others in the area:
      You may use the Software to conduct internal performance testing and benchmarking studies, the results of which you (and not unauthorized third parties) may publish or publicly disseminate; provided that VMware has reviewed and approved of the methodology, assumptions and other parameters of the study. Please contact VMware at benchmark@vmware.com to request such review.

      ..."You can publish it only if we give you permission after seeing your results."


      The methodology, assumptions, and other parameters should be defined prior to performing the benchmarking. Submit them and get them approved, then do the benchmarking and publish the results. If they refuse to approve them prior to the benchmarking, or don't approve them without a good reason for what is wrong with them, publish that fact (and the methodology, assumptions, and paramters) instead of the benchmarks.

      --
      Darth --
      Nil Mortifi, Sine Lucre
    10. Re:The Benchmarking is for .NET 3.0 only (FUD) by forand · · Score: 1

      So why again is it reasonable for M$ to have a say in your situation? If I am a reporter and trying to give developers a good idea of the performance benefits/costs associated with "widgets," why should the maker of one "widget" have a say in how I do that? Even if I am not a reporter per se but just some guy who wants to know how .net works on a 386 compared to java on a dual core? Why should M$ have a say at all?

    11. Re:The Benchmarking is for .NET 3.0 only (FUD) by Trevahaha · · Score: 1

      You CAN, you just have to be open about how you conducted the test. They just require that if you publish the results, you have to also publish how you conducted it.

    12. Re:The Benchmarking is for .NET 3.0 only (FUD) by jc42 · · Score: 1

      They just require that if you publish the results, you have to also publish how you conducted it.

      Uh, read the EULA passage again. You can only publish if MS has received your methods and results, and approved them. They don't say what their criteria are for approval. They could refuse to approve anything that's unfavorable, and they'd be within the terms of the EULA.

      Again, as others have pointed out, this isn't actually anything new. MS EULAs have had restrictions like this, with various wording, for some years.

      They basically say "You can't publish any benchmarks without our approval, and we don't have to give our approval" expressed in various kinds of legalese.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    13. Re:The Benchmarking is for .NET 3.0 only (FUD) by Trevahaha · · Score: 2, Informative
      I did... it does not state that. Please highlight where you think it says Microsoft must approve your results before you publicly post the information. From what I see, it just says you must post all the information in a publicly accessible place (such as a public website). It also says Microsoft reserves the right to re-run the test and publish their benchmarks.
      From http://msdn2.microsoft.com/en-us/library/ms973265. aspx
      Benchmark Testing, Microsoft .NET Framework
      You may conduct internal benchmark testing of the .NET Framework component of the OS Components (".NET Component"). You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third-party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); (2) you must disclose the date(s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; (3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft's support Web sites, and uses the latest updates, patches, and fixes available for the .NET Component and the relevant Microsoft operating system; (4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a Web site, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing. The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer's application(s) are specifically tested and the results are only disclosed to such specific customer. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the .NET Component, provided it complies with the same conditions above.
    14. Re:The Benchmarking is for .NET 3.0 only (FUD) by angulion · · Score: 1

      You mean, like, to prevent companies saying "See we are faster" when comparing webservers, competition having 1 mainframe and the other having a cluster of boxes? Get the facts!

  18. Haven't we forgotten something? by Anonymous Coward · · Score: 1, Funny

    It's *Microsoft's* operating system, you're just *renting* it.

  19. Re:surprises? by truthsearch · · Score: 1

    In fact, if you read XP's, 2000's, and SQL Server's EULAs you'll find many of the same limitations. This isn't new for Microsoft. For at least the last 6 years it's been against the SQL Server EULA to publish benchmark's without Microsoft's approval.

    People shouldn't just be getting disgusted today. They should have been reading these EULAs for years.

  20. smart bomb by Anonymous Coward · · Score: 0

    Also note that when running Defender,
    If you hit space bar, This will trigger "smart bomb" which instantly kills all the bad things currently on the screen.

    Also available is MS Missle-Command, though eventually the viruses break through and you need to do a system reset to restart the defense mechanisms.

    1. Re:smart bomb by peragrin · · Score: 1

      damn it that sounds like a reason to install Vista. Tis a shame I spent a couple of years converting everything I had over to open file formats, and Now I can switch systems with general ease.

      --
      i thought once I was found, but it was only a dream.
  21. The Last Straw.... by Luscious868 · · Score: 1

    I've been a Microsoft slappy since I first got into computers when I was a kid back in the Windows 3.11 days and Vista will represent the first Microsoft OS that I will not ever, under any circumstances, run on any PC or laptop that I purchase or recommend to anyone else.

    I'm sure I'll have to deal with Vista at work at some point, but for me it's Mac's (with Boot Camp and Windows XP for games) on systems I buy or recommend to others from now on. Vista is a joke. All of the coolest features have long since been stripped out and we're left with an insecure, DRM'd to the bone, joke of an OS with a UI ripped off from Apple. I honestly don't see one compelling reason to upgrade. More DRM, more WGA like "protection" that can totally lock down your system and make it useless at a moments notice. Microsoft seriously jumped the shark with this one.

    1. Re:The Last Straw.... by Carnildo · · Score: 1
      Microsoft seriously jumped the shark with this one.


      I think the metaphor you want is "went off the deep end", or maybe "shot themselves in the foot".
      --
      "They redundantly repeated themselves over and over again incessantly without end ad infinitum" -- ibid.
    2. Re:The Last Straw.... by Anonymous Coward · · Score: 0

      You sir are an idiot.

      You have no choice... you think you do but you do not... you gave it away in your own explanation of what you "Will do".

      In 5 years unless some miracle happens you will indeed be using Vista to play your games or you'll not be playing games any longer.

      Microsoft knows that as years go by its users have no choice but to upgrade... whether incrementally (XP -> Vista) or painfully (9x -> Vista), but make no mistake, you will be upgrading, now or later, but it will happen.

    3. Re:The Last Straw.... by Billly+Gates · · Score: 1

      Until Directx10 games come ut requiring vista

    4. Re:The Last Straw.... by Anonymous Coward · · Score: 0

      Well, After Win98 I went linux, it did everything I needed. Then via pressuring from friends and ease of piracy, I did a vmware install of XP, then later on I found a hardware config that didn't work right with linux. Then I installed XP primarily for hardware drivers and put linux in the VM. I do like XP for some of the ease of installing stuff, and the free themes. Easier use of multimedia handling in some cases, but I do think mplayer is the best I've used. Except for DVD playback, I prefer Cyberlink PowerDVD. So oh crap how did I end up back here? Bit-by-Bit the creepy-crawl desire for convenience.

      My next hardware upgrade I plan to be linux again. But I'm willing to bet, in 1 or 2 years from now, Vista will be thoroughly cracked and there will be ample pirated software available. If they are successful in locking their stuff down it's going to hurt their marketshare. It may not impact their
      real customers and revenue streams but they real user base will shrink. If I had to pay for my OS I'd probably buy OSX. I already know Fedora/CentOS/Ubuntu/SuSE can be had for free. I just don't think MS are competent enough to pull it off. And I'm sure they're aware that copyright infringement is part of why they have such a large userbase and they won't be willing to just severe that in one fell swoop. But either way it doesn't really matter. I'm safe because I already know how to do everything I want inside linux. I just think a lot of times XP is more convenient, and I'm lazy like that... So I think that cycle will continue. I think I'm done giving my money to MS though (hey I bought Win3.1 :).

    5. Re:The Last Straw.... by sqlrob · · Score: 1

      In 5 years unless some miracle happens you will indeed be using Vista to play your games or you'll not be playing games any longer.

      Is that so?

      I gave up on PC games before the XP switch, and others will do the same because of the Vista switch. PCs aren't the only game in town.

  22. I think I'll keep XP-Pro, thanks... by Big+Boss · · Score: 1

    I have legit XP-Pro for my Windows machines. I think I'll just keep that. Vista doesn't seem to offer me anything except idiotic restrictions and high costs. All the end-user features have been stripped out at this point and it's just a big DRM bomb as far as I can tell. No thanks, M$. Perhaps I'll try Linux on the desktop again, it's been working great on my servers.

  23. The Vista That Broke The Geeks Resolve by jo42 · · Score: 1

    Ok, that's it. I give up. I'm going to use some Linux distro for my desktop OS instead of a Microsoft by-product. Up to Windows XP, yeah, whatever. Post XP, Microsoft, "Eat my crusty shorts!!".

    And yes, I've tried the Vista RC's. It performs slower than XP. By the time you turn off all that resource intensive eye candy, you end up with a GUI that looks just awful. I don't think they spent any time cleaning that up for obvious reasons.

    Worst part is, most of the world has little choice but to accept this POS from MS. Bugger.

    1. Re:The Vista That Broke The Geeks Resolve by LiquidCoooled · · Score: 1

      I said the exact same thing when XP came out.
      I was happy with 2000.

      You know, a few years down the line and I kinda like xp.

      --
      liqbase :: faster than paper
  24. The iron is hot by vga_init · · Score: 1

    This is Apple's one chance to release their operating system in a version that is licensed and designed for non Apple machines. Undercut the price of Vista and it's sold.

    1. Re:The iron is hot by FudRucker · · Score: 1

      if Apple does i would be glad to buy a copy if for no other reason than it is NOT microslop

      --
      Politics is Treachery, Religion is Brainwashing
    2. Re:The iron is hot by oh_my_080980980 · · Score: 1

      Hmmm....maybe....MacWorld is in January, that's when Vista is set to be released to the public....wonder if Steve has something up his sleeve.....

    3. Re:The iron is hot by no_pets · · Score: 1

      Most people aren't going to get Vista unless they get a new PC. At which point Apple really doesn't have to do anything more than it's already doing: elegant hardware, nice software and a real competitor to MS anything since most people just want web/email. Apple can already do everything else that most people need a PC for except play games. BTW I have never owned a Mac (yet!) so don't call me a fanboy.

      --
      "A government is a body of people, usually notably ungoverned." - Shepard Book Quoting Malcolm Reynolds
    4. Re:The iron is hot by suprcvic · · Score: 1

      I'm in the market for a new machine, so I'm not even going to bother with Vista. I beta tested it on my laptop and it seemed alright, but not worth paying to upgrade to, granted I didn't exactly put it through the ringer. Nah, come the end of the year when I have my annual bonus in hand I'll be headed down to my local Apple retailer and picking up an iMac as my new system of choice. It doesn't hurt that they offer a $100 discount to students.

    5. Re:The iron is hot by mislam · · Score: 1

      The only problem is, if it is released for general hardware, it may not do much better than M$ windows. Hardware drivers are the main culprits for instability in any OS

  25. What about a Dell? by Anonymous Coward · · Score: 1, Funny
    Suppose you buy yourself a Dell pre-loaded with Vista. Turn it on and it boots right in. You never agreed to that EULA then, so you're free to do with it as you will. For that matter, just claim you had someone else install it for you.

    In other news, this just means that I have a couple more items on my to-do list for the eventual Vista migration:
    • Remove the restrictions on unsigned drivers
    • Remove EULA from install ISO
    • Remove Defender
    • Remove WGA
    • Remove WMP
    • Remove Windows Firewall
    • Remove Windows Antivirus
    • Remove Security Center
    • Set theme to Windows Classic - screw these happy rounded edges on everything, I want my cursor to BLEED on the sharp corners if I hit them wrong.
    Hm, maybe I should just wait until a Vista Pro Lite ISO hits the Torrent networks?
    1. Re:What about a Dell? by Anonymous Coward · · Score: 0
      Suppose you buy yourself a Dell pre-loaded with Vista. Turn it on and it boots right in.


      Dell makes you accept the EULA before Windows starts for the first time.
    2. Re:What about a Dell? by WillyMF1 · · Score: 1

      I'll accept that EULA for you in exchange for transportation, a six pack of mountain dew, and a medium mushroom pizza.

    3. Re:What about a Dell? by Anonymous Coward · · Score: 0

      +1 to this post... Every new Dell we buy requires the user to accept the dell EULA before it will boot the first time from the HD. But you can boot to LiveCD, format and install linux, and you'll never accept the EULA from DELL.

      Note that I have already used my position to advise against the purchase of at least 100 Vista licenses. These were to upgrade already paid for boxes, and would be pure profit for MS... sure when they are replaced, MAYBE the new ones will be Vista, but that's a bundled version that MS makes less money on.

      And it will NEVER get installed on my machines, even though I get it for free over MSDN.

    4. Re:What about a Dell? by KiahZero · · Score: 1

      Someone else installing the software for you isn't a defense, as they would be considered to be acting as your agent.

      --
      I'm a lawyer, but not yours. I wouldn't represent someone who thinks taking legal advice from Slashdot is a good idea.
  26. I know why... by Soapy+One · · Score: 2, Funny

    Microsoft doesn't want us posting benchmarks proving that Vista is worthless...it might hurt their sales.

    1. Re:I know why... by snoyberg · · Score: 1

      What are you talking about? Vista performs GREAT! I'm using it right now and I've never had a single issue. In fact Connection reset by peer.

      --
      Thank God for evolution.
  27. Different EULA for enterprises? by jhines · · Score: 1

    A different EULA for enterprises, with a higher cost. MS has the margins to cut better deals, and will do so.

    1. Re:Different EULA for enterprises? by TedTschopp · · Score: 1

      Well, not every large enterprises cuts deals with Microsoft. Some of these large enterprises tell Microsoft to shove it on the years they don't release products and buy from VARs

      --
      Fantasy remains a human right; we make in our measure and in our derivative mode... -- JRR Tolkien
  28. Re:surprises? by Yetihehe · · Score: 1

    Nobody just RTFE anymore.

    --
    Extreme Programming - Redundant Array of Inexpensive Developers
  29. Might as well be hanged for a sheep as for a lamb by Carnildo · · Score: 3, Interesting

    After reading the Vista EULA while installing a copy at work for compatibility testing, it became very obvious to me that the only way Vista would make it onto any computer I own is if I were to install a pirated copy of Vista Ultimate with all the anti-piracy features removed. I figure that since there's no way in hell I'm going to comply with the EULA, why follow copyright law, either?

    --
    "They redundantly repeated themselves over and over again incessantly without end ad infinitum" -- ibid.
  30. They're Idiots by Khammurabi · · Score: 1
    I'm not sure how the article's author would see the user base reacting. Pick a different platform? How? At what expense? No, Microsoft has got this one in the bag.
    I know exactly how the user base will respond: They won't buy it.

    Windows XP Professional works fine for me, and as such I've bought my last Microsoft operating system. I will never buy Vista. Microsoft has completely ignored the requests of it's customer pool on this one, and has instead opted for responding with "you'll lump it and like it."

    I have no doubt that in a year's time they'll pull all support for non-Vista versions to improve sales. (I also wouldn't put it past them to release virus's that take advantage of XP weaknesses.)

    The upside is that if any company out there EVER wanted to finish Microsoft once and for all, now's their chance. If I were Google, I'd announce a user-friendly Linux install, and provide tools to developers for easy driver and software support.

    Really, the only way for Microsoft to survive the expected backlash that will be coming is to lock in exclusive software (MS Office is a gimme), and pull support for all non-Vista versions. Yes, Vista will sell. But not near expectations, and it will have a hell of a time trying to convince people to switch.

    Bill Gates was smart to leave before this pile of [censored by Vista] hit the market.
    1. Re:They're Idiots by DrSkwid · · Score: 1

      Directx10 will probably drive the most sales

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    2. Re:They're Idiots by Slithe · · Score: 1
      Really, the only way for Microsoft to survive the expected backlash that will be coming is to lock in exclusive software (MS Office is a gimme), and pull support for all non-Vista versions.


      They also could just wait until the OEMs offer Vista with most of their systems. Most people have only a vague idea about what an operating system is anyway. Most people, nowadays, only buy a new computer when the older one breaks down (or becomes riddled with viruses/spyware/etc.), and most new computers will come with Vista. This same phenomenon has occured with every other Windows upgrade from 3.1 through XP.
      --
      ---- "XML is like violence. If it doesn't fix the problem, you aren't using enough."
    3. Re:They're Idiots by rudeboy1 · · Score: 1

      I think you underestimate the hold that M$ has within the market. Have you forgotten about all the A-List programs associated with M$ that have promised their next interation to be a Vista-only product? Do you want to play Halo 3? Better get a 360, or better get Vista. These are strong-arm tactics, yes, but they are strong-arm tactics with a deeper strategy than you think.
          I do think you are correct that it will cause further friction against Redmond. But unfortunately, most of these EULA offences will not make it past the geek community. I used to work at Geek Squad, and I tell you without a shadow of a doubt that if I tried to sum up TFA in my best layman's terms, the average Best Buy computer buyer would have a thick glaze over their eyes and an inevitable, "Just tell me how much the computer will cost" attitude. However, in the geek community, there will be higher reports of OS migration. I will place myself as an example. Not neccessarily because of, but certainoy with Vista in mind, I have been toying more and more with the idea of buying an Apple. (Mostly because I'm in a band, and I'm beginning to dabble with more of the creative functions a computer offers, though I think Cakewalk Sonar is where it's at for recording software. Yeah, that's right, you ProTools people can suck it). I'm also playing frequently with my new copy of SUSE 10.1, which to me, seems like an inspired choice for Google or whomever to offer as an alternative, due to its ease of install, and attractive UI. as has been stated on /. before, these qualities will ease the journey for M$ expatriates.

      --
      Raging in an online forum won't do anything for the world around you. To see change, you must take action.
    4. Re:They're Idiots by dpilot · · Score: 1

      My daughter heads off to college next year, and unless they have some sort of laptop-with-tuition plan, she's taking a deskside machine with her. Right now that machine dual-boots Win98SE and Gentoo, but I won't send Win98SE off to a University. I'd been deferring any sort of upgrade, since Win98SE has been sufficient for games, and I don't like spending money before I need to. At some point this summer/fall I started thinking maybe I should just get Vista, since I'll be waiting long enough. Now I'm beginning to think it should be XP, because the machine is "only" an AthlonXP-2600, 512MB RAM, 40GB HD, 256MB 5700LE. I get the impression that it will run Vista, but won't be that far above minimum requirements. Then again, I'm also wondering if she can just stick to Linux, though she'll need quite a bit more training before it can get too far from my maintenance.

      When using it at home for schoolwork, she uses Linux, "because Windows just keep crashing." (her words)

      --
      The living have better things to do than to continue hating the dead.
    5. Re:They're Idiots by Marxist+Hacker+42 · · Score: 1

      With only 512MB of Ram, you're at the lower end even for XP. I'd consider Win2k on such a machine.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    6. Re:They're Idiots by walt-sjc · · Score: 1

      Let's put it this way. You will never see XP SP3, just like you will never see Win2Ksp5 despite the fact that most enterprise customers are still on 2000.

      XP and Vista don't provide any compelling benefit over 2000 for most companies. Gamers are different a little different. The only thing that will force corporate customers to upgrade is lack of updates.

    7. Re:They're Idiots by Tanktalus · · Score: 1

      The problem? Third-party software companies, including even MS's big foe, IBM, make too much money off the upgrade cycle. The next versions of your favourite software will, no doubt, support Vista, as well as XP. But, after a couple years, the support for XP will drop. You'll need to upgrade everything (including OS), or nothing.

      For many people, that's a minor inconvenience. Until (they think) they need something from the newer version of something. For example, a new printer. Or scanner. Or a device type we haven't imagined yet. And that forces a huge upgrade.

      Microsoft doesn't need to lock in their own software - other companies, citing a desire to keep support costs down, will do that for them. I'm thinking, web sites that only work with IE7.2 - which is Vista-only.

      Sure, many people will shrug their shoulders and continue without Windows. But many will shrug their shoulders and upgrade. Microsoft knows they got their target market by the short-hairs. And they're not even being polite about it now.

      I'm actually trying to decide if I should warn the people I care about about this, or wait for them to get screwed over by it. On one hand, I care about them and want them to not get sucked in to such a legal quagmire. On the other hand, I've been trying to get them to switch to Linux for years. They obviously don't listen to me - maybe this is the thing that is needed to get them to wake up and find alternatives...

    8. Re:They're Idiots by walt-sjc · · Score: 1

      WinXP with eyecandy disabled - Activation = Win2K for most practical purposes.

    9. Re:They're Idiots by Opie812 · · Score: 1

      I know exactly how the user base will respond: They won't buy it.

      You're wrong I'm afraid. Business users will get Vista on their work computers during the next round of company upgrades and when users buy a new PC Vista will magically be on their computer. No fuss, no muss. I guess you're right that nobody will go out and buy a retail copy of Vista, but everybody will have purchased a copy one way or another.

      --
      I'm not a nerd. Nerds are smart.
    10. Re:They're Idiots by rainman_bc · · Score: 1

      You'll need to upgrade everything (including OS), or nothing.

      With every version of Windows, Microsoft further saturates the market. I'm not so certain the Vista upgrade will be a must-have.

      For most people, Internet and Word Processing and Solitaire, XP is probably enough.

      Recall XP was the only good upgrade after 98; ME was crap, and win2k had some minor compatibility issues.

      Don't count on Vista being the must-have OS. The DRM for example and the phoning home BS will force end users to stay away. For us, we're moving to a completely Linux household. Wife's on board with it.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    11. Re:They're Idiots by Marxist+Hacker+42 · · Score: 1

      It's the eyecandy that eats up the extra resources- I don't think activation counts for much.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    12. Re:They're Idiots by Fred_A · · Score: 1

      I know it's the absolute only reason that would ever prompt me to upgrade my little XP partition.

      On a side note, I nuked said partition this afternoon while poking at a new SD flash card with mkfs.vfat and used the wrong device after typing the command once too many. Oops :) My only real concern is whether I'll remember the name of my online accounts for the few games I had installed (I didn't have a backup, I don't backup game saves).

      Even if I was actually working in Windows, I haven't yet seen anything really exciting about Vista. While there has been lots of rewriting behind the scenes, it seems that the purpose of it is mostly to get a firmer grip on the user... :-/

      --

      May contain traces of nut.
      Made from the freshest electrons.
    13. Re:They're Idiots by MojoStan · · Score: 1
      I'd been deferring any sort of upgrade, since Win98SE has been sufficient for games, and I don't like spending money before I need to. At some point this summer/fall I started thinking maybe I should just get Vista, since I'll be waiting long enough. Now I'm beginning to think it should be XP, because the machine is "only" an AthlonXP-2600, 512MB RAM, 40GB HD, 256MB 5700LE. I get the impression that it will run Vista, but won't be that far above minimum requirements.
      I think now is the best time to buy Windows XP because (if you buy the right OEM version) you can get a coupon for a free (+S&H) upgrade version of Windows Vista, then upgrade to Vista whenever you want to. It's like a two-for-one deal right now: for the price of an OEM version of XP you get that OEM XP plus an upgrade version of Vista. If you didn't know, you can do clean installations of Windows with upgrade versions.

      You may have read last week's news announcing Microsoft's Express Upgrade program, which is in effect from October 26 to March 15. Qualifying systems (or OEM copies of XP) come bundled with a coupon for either a free upgrade to Vista or 50% off an upgrade for Vista, depending on which version of XP you bought:

      • XP Home Edition (which I would not recommend for a college student) gets a 50% discount off Vista Home Basic ($50) or Vista Home Premium ($80).
      • XP Media Center Edition gets a free upgrade version of Vista Home Premium.
      • XP Professional Edition, Tablet PC Edition, and Professional x64 Edition get free upgrades to Vista Business Edition.
      Not all OEM versions of XP (or systems) are bundled with these upgrade coupons, so shop carefully. Newegg is now selling OEM versions of XP with the bundled coupons. I'm sure many others will start doing the same.
      --
      TO START
      PRESS ANY KEY

      Where's the 'ANY' key? I see Esk, Kitarl, and Pig-Up...

  31. Computers by kitsunewarlock · · Score: 1

    Aren't computers great? They are placed alongside cigarettes, alcohol, cars and guns with "consumer products that you own, but can't choose how you use".
    Only difference is in the four above examples, ITS THE GOVERNMENT RESTRICTING US, not some private company.
    I'm tempted to just get it and ignore the EULA. If I get sued, ask the judge "why am I not allowed to use my product the way I want to?" Too bad that wouldn't work. *Sigh*
    Maybe I can ask a Microsoft employee face-to-face. "Hey, can I own Window's Vista?" Note the lack of the word "a copy of...".

    --
    Ginga no Rekshiya Mata Each page.
    1. Re:Computers by Anonymous Coward · · Score: 0

      If I get sued, ask the judge "why am I not allowed to use my product the way I want to?"


      judge: "son, you don't own the the product, just a license to use it the way you are allowed to use it. judgment, microsoft, and i'll treble damages 'cause i hate idealists. btw, microsoft counsel, i accept only cash since other forms of paymeh... errr, appreciation are easily traceable."
    2. Re:Computers by R3d+M3rcury · · Score: 1
      They are placed alongside cigarettes [...] with "consumer products that you own, but can't choose how you use".
      Okay, I'll bite. What creative uses of cigarettes do you have that are somehow illegal? Reselling them to minors?
    3. Re:Computers by kitsunewarlock · · Score: 1

      Smoking them within 100 ft of a government building, in restaurants, even if you own them, or...anywhere where I live except "designated areas". (note: I live on a large college campus.)

      --
      Ginga no Rekshiya Mata Each page.
    4. Re:Computers by laejoh · · Score: 0
      They are placed alongside cigarettes, alcohol, cars and guns with "consumer products that you own, but can't choose how you use".


      Ok, if you'd mentioned cigars I could relate to what Clinton & Lewinsky did, but right now your sentence doesn't make sense :)

  32. sined, what and delivered? by rah1420 · · Score: 1

    OK, mod me off topic.

    The movie is Buckaroo Banzai, not "Buckaroo Bonzai."

    And the actual part of the movie that the OP is talking about (the initialization of the Oscillation Overthruster) is "Sined," "Seeled" and Delivered.

    Geez. If you're going to quote a cult movie, at least be part of the cult.

    John Bigboote? Is that you?

    --
    Mit der Dummheit kämpfen Götter selbst vergebens.
    1. Re:sined, what and delivered? by LunaticTippy · · Score: 1

      It's Bigbootay!

      What a great film.

      --
      Man, you really need that seminar!
    2. Re:sined, what and delivered? by Anonymous Coward · · Score: 0

      Well, it's *actually* John Lithgow. ;-)

    3. Re:sined, what and delivered? by Anonymous Coward · · Score: 0

      Um, no. John Bigboote, you big anonymous coward!

      Christopher Lloyd played the role of John Bigboote.
      John Lithgow played the role of Lord John Whorfin.

  33. Stupid, tired arguments by thebdj · · Score: 3, Insightful

    Where to start...
    1. The benchmark testing and posting applies to .NET Framework components. I do not see this being some great ending of benchmarking the Windows OS. Also, the link for further information does not (currently?) work. So, this could just be an issue that isn't an issue at all.
    2. This version argument is really tiring. In some ways I see their logic, in other ways I think the six version idea is stupid. Actually, there are more versions of XP then two. Technically, there are four. Windows Media Center Edition and Starter Edition. I imagine Starter Vista will be virtually unseen like XP SE. As for Win MCE, I suppose that would be Home Premium. XP Home = Vista Home, XP Pro = Vista Business. Guess this only leaves two extraneous versions...
    3. The Virtualization argument is pointless. How many home users do virtualization? How many business (which do the most virtualization) actually use XP Home licenses? I really think this is a non-issue like #1.
    4. The license transfer is more stringent version of the current license transfer. The example they give is a bit weak. At work, if you get a new workstation? I seriously think that corporate licensing will have provisions for this sort of thing. How many people buy their own work computer licenses? Unless you own your own business, not many. Most home users keep a machine for several years. If you assume a home user is on a 3-year replacement cycle (the most common business practice I have found), they will probably only need a single transfer before the new OS is out (though after this, you never know.) Also, how many new PC purchases do not come with a new license?

    I by no means am a Microsoft supporter. I have said on multiple occassions that Windows XP would be the last Windows OS I would ever use. I intend on changing my mom to Linux when XP support disappears. I do think that some of these arguments are very bogus though. There are plenty of other reasons to hate Vista, including the evil DRM, more Microsoft monopoly violations, and stupid, half-assed "security" tools.

    --
    "Some days you just can't get rid of a bomb."
    1. Re:Stupid, tired arguments by betterunixthanunix · · Score: 1

      If it is so rare to use Vista Home in a VM, why bother to include a specific clause about it in the EULA? Microsoft cares about it enough to pay their legal team to come up with terms to prevent it -- probably has to do with small/independent/FOSS developers who are looking to save money and don't really need all the features in the Business and Ultimate editions of Vista when they are just testing some software. You know, the kind of developers who have become a growing annoyance for Microsoft, creating all those nasty little applications that are slowly breaking the Microsoft monopoly. Developers who might be creating web-based office apps, and need to test it on a lot of browsers. Developers that write replacements for the various features that are conspicuously absent from certain versions of Windows, but present in others.

      --
      Palm trees and 8
    2. Re:Stupid, tired arguments by Anonymous Coward · · Score: 0

      I'll point you in the right direction, here on Slashdot it's best to find the smallest most limited end-user distro of Vista that was meant for granny to check her email on and play solitaire and then compare the perfomance in an enterprise environment to say Red Hat Enterprise server. pure logic.;-) mod me down, but you know it's true.

    3. Re:Stupid, tired arguments by ZOMFF · · Score: 1

      4. The license transfer is more stringent version of the current license transfer. The example they give is a bit weak. At work, if you get a new workstation? I seriously think that corporate licensing will have provisions for this sort of thing. How many people buy their own work computer licenses? Unless you own your own business, not many. Most home users keep a machine for several years. If you assume a home user is on a 3-year replacement cycle (the most common business practice I have found), they will probably only need a single transfer before the new OS is out (though after this, you never know.) Also, how many new PC purchases do not come with a new license? The problem I see with this is what kind of algorithm or keying technology are they using to identify that the license has indeed been installed on a new machine? I'd assume it would be keying on a particular combination of hardware / settings and sending them off to Microsoft. So what happens when I upgrade my motherboard? or replace my fried video card? Will this falsely trigger the 'second use' licensing? What happens if I replace my hardware more than twice? This is more of a potential issue than people buying brand new PC's (which as you said will probably come with a license)

      --
      Launch every sig.
    4. Re:Stupid, tired arguments by Lumpy · · Score: 1

      How many business (which do the most virtualization) actually use XP Home licenses? I really think this is a non-issue like #1.

      Oh I don't know... maybe hardware manufacturers, software makers, people that need to test their stuff and find that virtualization is actually useful??

      I'm betting you are one of those people that think having a serial port on your computer is stupid because YOU dont have a use for it. Just because you don't do something does not mean that lots of other people do.

      --
      Do not look at laser with remaining good eye.
    5. Re:Stupid, tired arguments by blindd0t · · Score: 1

      To address your points 1 by 1...

      • So if I were to try to compare a combination of a program running on .NET and Mono, and I wanted to publish results of how it works "out of the box," I couldn't and that's ok to you?
      • I agree - there's not much to argue here. I agree having so many options might seem confusing to some. I remember hearing people saying "Microsoft crashed" when they really meant "Microsoft Office Crashed" or "Microsoft Windows Crashed," or maybe even an entirely unrelated program that was merely being run on Windows. This kind of selection will glaze many eyes, and is a great opportunity to make some extra cash if you're a retailer...
      • This is not a non-issue. As a developer, I can vouch that there are very rare cases where one "edition" of Windows experiences a reproducible unexpected behavior in a program while another edition does not. Let me emphasize that this is extraordinarily rare. However, should an issue like this arise, I would like to be able to reproduce and resolve a bug of that sort with a virtual machine. Furthermore, developers who need to perform platform specific builds can immensely benefit from virtualization. Ideally, one should be able to use virtualization to make a linux build, BSD/MacOSX build, Windows 32 bit build, Windows 64 bit build, etc...
      • Certainly, no home user would do this, but the matter of copying a virtual machine from one machine to another to collaborate on troubleshooting a bug may also be an issue (not everyone uses a virtualization server)
    6. Re:Stupid, tired arguments by Starcub · · Score: 1
      The benchmarking restrictions which impose best practices could simply be an attempt to prevent abuses with benchmarks like those you see at THG. For example, running benchmarks which don't take full advantage of a machine's hardware where the benchmark results are unfairly compared to those of a slower machine.

      There are also legitimate reasons for not wanting to support virtualization on home version machines. For example, I'm sure MS doesn't want their support staff diagnosing problems created by Joe Schmoes VM software which could screw up the machines in ways MS would have a hard time figuring out. Business class users who have legitimate need to run VMware can also afford to pay for support, thus that restriction shouldn't (and doesn't) apply to those versions. Furthermore, Joe Schmoes VMware might strip your DRM'd content of DRM protections, so the restiction against playing with DRM'd stuff make sense as well.

      In fact the licence for Vista isn't any more restrictive than that of XP, which as the author pointed out, was a fact related by Paul Thurough as a result of receiving that information from a the Microsoft product manager. The "one time" provision that was added to the EULA is a clarification, not a restriction. It is intended to keep people from disingenuously transfering the software from one machine to more than one other machine in star network topology fashion claiming "but I removed it from the original machine!". Somehow the author still thinks his own interpretation and that of other FUD spreaders is more genuine than that of the Microsoft product manager...

      When the author started the article with:
      "It's Autumn in St. Louis, my favorite time of year in Missouri... darkness is starting to scare away the sun a bit earlier every day.

      I probably should have just ignored the rest of it, but I figured what hell, and dove in anyway.
    7. Re:Stupid, tired arguments by Anonymous Coward · · Score: 0

      If you're using Vista for testing, get the MSDN version. You know, that subscription that allows 5 concurrent copies of near to every Microsoft product with minimal (I have yet to find any in current software) restrictions (policy says 5 concurrent copies and you can't use them for production uses, only development and testing, but I've never known this to be enforced by the software).

      If you want to test, use a test environment. That includes software to test on. Yes, its cheaper to get the home-user licenses--they are priced cheaper because the intended use is different. If you're working for a serious development company, you have to be prepared (well, not you, your company) to purchase developmnt licenses for all sorts of things, not just Microsoft products. Deal with it.

    8. Re:Stupid, tired arguments by thebdj · · Score: 1

      Actually, no. A lot of manufacturers of hardware and software makes are probably not using virtualization with XP Home. They would probably use a real computer running the module, because while the point of VM is to emulate hardware, it is not perfect by any means. Also, I would not be surprised if some of them just test on XP Pro and be done with it.

      Actually, I think the serial port is a wonderful thing. I am an electrical engineer, so there is lots of fun to be had with that little port if you actually know what to do with it. But hey, you must know me better than I do...

      --
      "Some days you just can't get rid of a bomb."
    9. Re:Stupid, tired arguments by Derivin · · Score: 1
      1. The benchmark testing and posting applies to .NET Framework components.
      Yes it is limited, but if you have been paying attention to the reviews of Ruby on Rails, J2EE, Mono, etc. this does become a huge issue. 'We would like to sell you this better product/service/PIM/POS(I can name 30 others), but I cant tell you it's better than my competition built on .NET, nor can I give you numbers to say its better than the MS caned products. This effects industries ranging from point of sale register/inventory solutions (like the one the Halmark Paper Store uses) to the Medical Transcription Service, to even 911 call center software.


      3. The Virtualization argument is pointless. How many home users do virtualization? How many business (which do the most virtualization) actually use XP Home licenses? I really think this is a non-issue like #1.
      Most software businesses. Every company which has any form of good automated QA will use virtualization, OS images, and test automation to do QA and MS certification testing under all of the different varients. We are doing it here at work. We would not be able to get our products certified, QA'd, and released without it.


      4. .... Most home users keep a machine for several years. If you assume a home user is on a 3-year replacement cycle (the most common business practice I have found), they will probably only need a single transfer before the new OS is out (though after this, you never know.) Also, how many new PC purchases do not come with a new license?
      This will cause problems from the modding/gaming community. Modders pay a high premium and help keep the price for other components cheap for the rest of us. The added cost of the OS for thier leet upgrade (many times the Motherboard, added core, etc, so its really a transfer) will harm this very large dollar, but small consumer market. b
    10. Re:Stupid, tired arguments by thebdj · · Score: 1

      1. You do not know that. It could be perfectly legit under the guidelines. The article's offer makes some guesses at what this means, but he really does not know.
      2. Okay, so we agree...
      3. I still think for true quality control VM is not the best idea.
      4. Why not? Doesn't VMWare have a free VMS now? If so, you can just use it. Honestly, I love virtualization for some things, but overall, I would rather...a) dual boot or b) have the crappy 2nd machine.

      --
      "Some days you just can't get rid of a bomb."
    11. Re:Stupid, tired arguments by Anonymous Coward · · Score: 0

      (3) and (4) are ridiculous arguments. Firstly, yes - LOTS of home users use virtualisation to run Windows alongside other OS's like Linux, BSD and MacOSX. Products like VMWare are everywhere. Secondly, the problem with the licence transfer rule is not when you buy a new computer - but when you replace a broken motherboard or upgrade your hard drive. These are things I do about annually. Since either of those activities will lead Vista to assume it's been transferred to a new PC, this restriction will bite a ton of people in practice. I never buy whole new PC's anyway - I have the same PC I owned 12 years ago - even though every single part of it has been replaced half a dozen times in the meantime. (Maybe I have the same power cord).

    12. Re:Stupid, tired arguments by LihTox · · Score: 1

      The license requirement might also force people to update to newer versions of Windows. People here are talking about staying with XP, right? Well, if Microsoft could prevent people from installing XP on more than two computers ever, then people would have to switch to Vista once their second computer dies or becomes obsolete. (This isn't true for XP I guess, but if you think Vista is bad, who knows what they have coming down the pike? :)

    13. Re:Stupid, tired arguments by grand_it · · Score: 1
      Actually, there are more versions of XP then two. Technically, there are four. Windows Media Center Edition and Starter Edition.

      Don't want to play smart-ass, but technically there are 6 versions of Windows XP:

      • Windows XP Starter Edition
      • Windows XP Home Edition
      • Windows XP Media Center Edition
      • Windows XP Professional
      • Windows XP Professional for Tablet PC
      • Windows XP x64 Edition

      Oddly enough, Microsoft website lists only five.

      PS: Speaking of Vista versions, let's not forget Windows Vista N versions, or XP European Community Edition, now without Windows Media Player.

    14. Re:Stupid, tired arguments by Anonymous Coward · · Score: 0

      Example: I have three computers, and I purchase software for 1 computer, use it on one, install it on another, use it, uninstall it and install it on the final machine.

      At no time have I used the software on more than one machine at a time, and at no time was said software on or used on multiple machines.

      If I purchase something, where does their right to tell me where and how much I may use it come in? At no time did I steal software or use the software on more than one machine, so why shouldn't I be allowed to move it between machines as I see fit? Why should my computer upgrade and replacement schedule be modified to conform to Microsoft's upgrade path?

    15. Re:Stupid, tired arguments by $pace6host · · Score: 1

      Where to start...

      Where to start... ;)

      1. The benchmark testing and posting applies to .NET Framework components. I do not see this being some great ending of benchmarking the Windows OS. Also, the link for further information does not (currently?) work. So, this could just be an issue that isn't an issue at all.

      Or, it could be that you're agreeing to a blank check. If you have no problem with that, we can privately exchange information -- I'd appreciate if you'd send me one! Seriously, why can't I tell anyone how long something took or how many iterations of an algorithm occurred in a specific block of time without getting their permission? On .NET or the whole OS, that's just ridiculous. Next thing you know, Ford will prohibit you from telling your neighbors what your gas mileage was yesterday.

      2. This version argument is really tiring. In some ways I see their logic, in other ways I think the six version idea is stupid. Actually, there are more versions of XP then two. Technically, there are four. Windows Media Center Edition and Starter Edition. I imagine Starter Vista will be virtually unseen like XP SE. As for Win MCE, I suppose that would be Home Premium. XP Home = Vista Home, XP Pro = Vista Business. Guess this only leaves two extraneous versions...

      I have to agree with you here. They have a right to sell as many different versions as they like, though it means I have more work in testing software and in support. I do wish it was obvious, though, what the differences are between the versions without reading through the EULAs. I mean, who would KNOW you can't run Vista Home on virtualization without this article? I would never have guessed. I tend not to read all the fine print in every EULA. Don't tell anyone, let it be our secret.

      3. The Virtualization argument is pointless. How many home users do virtualization? How many business (which do the most virtualization) actually use XP Home licenses? I really think this is a non-issue like #1.

      While I own more PCs than the average Joe, I don't own enough of them to have one running each flavor of Microsoft's operating systems. I can, however, load any software I write into a VM with each flavor, and see if it works with each of those 6 different versions, and not have to own separate PCs to do it. Another feature is that all I need to do is reset to my VM savepoint, and any botched installation nightmare I might have created goes away (anyone researching viruses also know how valuable this is). I guess following this license means I need more PCs and I have to find another, less convenient way to reset them, or alternatively not test on any of the OSes that can't be run on virtualization. I guess that means I won't be supporting anyone on Vista Home.

      4. The license transfer is more stringent version of the current license transfer. The example they give is a bit weak. At work, if you get a new workstation? I seriously think that corporate licensing will have provisions for this sort of thing. How many people buy their own work computer licenses? Unless you own your own business, not many. Most home users keep a machine for several years. If you assume a home user is on a 3-year replacement cycle (the most common business practice I have found), they will probably only need a single transfer before the new OS is out (though after this, you never know.) Also, how many new PC purchases do not come with a new license?

      Interesting that you appear to defend the inability to transfer the license by citing the Windows Tax. Remember, though, that it's not just buying a new machine that can count as a transfer. Some upgrades do it, too. Motherboard fails, but you want to keep everything else? That's probably a new workstation. Want to upgrade the hard-drive and have to swap out the old one due to no case room / power? Might be a new workstatio

    16. Re:Stupid, tired arguments by Anonymous Coward · · Score: 0

      Nah, you compare that to White Box, which wins because it is both free and Free.

    17. Re:Stupid, tired arguments by Anonymous Coward · · Score: 0

      "Actually, no. [...] are probably [...] would probably [...] I would not be surprised" Man, I'm glad to hear you're an electrical engineer and not a software engineer. And yes, I do.

    18. Re:Stupid, tired arguments by oohshiny · · Score: 1

      3. The Virtualization argument is pointless. How many home users do virtualization?

      Lots of Mac users and lots of Linux users do. And with Xen 3.0, even more will.

    19. Re:Stupid, tired arguments by dheltzel · · Score: 1
      The Virtualization argument is pointless. How many home users do virtualization?


      You're right. And furthermore, no one will ever need more than 64K of RAM!!

      The better question to ask is "How many home users might do virtualization during the time that they use Vista?". I will go out on a limb and say I think quite a few will, even if it is violation of said EULA.

    20. Re:Stupid, tired arguments by Anonymous Coward · · Score: 0
      If you're using Vista for testing, get the MSDN version. You know, that subscription that allows 5 concurrent copies of near to every Microsoft product with minimal (I have yet to find any in current software) restrictions (policy says 5 concurrent copies and you can't use them for production uses, only development and testing, but I've never known this to be enforced by the software).
      If you're buying, I'm in. You're not buying? Or is the comment on enforcement meant to convey that I should just ignore the licensing restrictions? I can probably do that at ANY time, as long as I don't mind that it is illegal (assuming enforceability of the license).

      If you want to test, use a test environment. That includes software to test on. Yes, its cheaper to get the home-user licenses--they are priced cheaper because the intended use is different. I
      That IS my test environment, you insensitive CLOD! "Intended use"?!? The intended use is one user to run the software, which is in no way different than my users intended use of the same operating system! The same exact inputs will be given, the same exact outputs are desired. When I need something different, I'll buy something different.

      If you're working for a serious development company, you have to be prepared (well, not you, your company) to purchase developmnt licenses for all sorts of things, not just Microsoft products. Deal with it.
      That's like saying that a company that makes car seat covers should have to buy a special "development version" of the PT Cruiser if they want to see if the covers fit. If the seats are the same, you shouldn't have to pay more just to measure them and make covers. Are you blind to how stupid that is, or are you just ignoring the stupidity because you love Microsoft so much? And when did we start thinking it's OK to screw the small one & two person software houses, shareware authors, freeware authors, etc? Or, to put it your way, anyone not part of a "serious development company"?

      Deal with it.
      Nice argument there! I'll retort "Nyah!" I love this attitude that people can't complain when they perceive some sort of inequity. They should just "Deal with it." How about this: I'm going to keep complaining, and trying to wake sheeple up. You keep apologizing for Microsoft.
    21. Re:Stupid, tired arguments by Starcub · · Score: 1

      At no time have I used the software on more than one machine at a time, and at no time was said software on or used on multiple machines.

      That's all fine and dandy.

      ...so why shouldn't I be allowed to move it between machines as I see fit?

      You can, and it's always been that way -- you just can't use one copy of the software on more than one machine. The problem is that FUD spreaders have propogated misinformation as a result of a misinterpretation of the EULA.

      The intent of the EULA isn't to suck you dry. It's to prevent abuses that deprive MS of legitimate compensation for their product. The Vista EULA change wasn't really a change at all. MS just wanted to be more clear about the one licence/one machine restriction, unfortunately the change they made was appearently even more confusing than the XP version.

  34. The Noose Is Tightening by mpapet · · Score: 1

    Around end-user's necks.

    The DRM noose around the average user's neck is being sold like a nice, new necktie. The 32-bit version of Vista will be dropped ASAP in favor of 64-bit locked-by-microsoft-only version. This in turn kills the 32-bit processor.

    Then it is only a matter of tightening the noose.

    So what? Well, there is no market mechanism for loosening the noose. Therefore, the price of loosening the noose around your neck is made by Microsoft. (A price maker: http://en.wikipedia.org/wiki/Monopoly#Coercive_mon opoly)

    If you value your personal freedom, you will switch to something freer, then you will tell your friends and help them to do the same. Perhaps a Linux or BSD desktop is a good start.

    Sadly, the price will be right though, so most users won't know or care.

    Today's lesson: Monopolies and Oligopolies are bad for consumers.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  35. benchmarking by ltwally · · Score: 1
    "...You want to post benchmarking results? Well, Microsoft may now have a say in it..."
    You make it sound as if there is a blanket ban/clause against benchmarking.

    FTA:
    "MICROSOFT .NET BENCHMARK TESTING. The software includes one or more components of the .NET Framework 3.0 (".NET Components"). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at"
    It is clearly stating that they're only concerned with benchmarks against .net 3.0.

    This is the same type of inflamatory writing that gets reporters in hot water -- you could have easily said in the article description that the benchmarking clause was limited to .net 3.0, but instead you chose to go for something a little more sensational. Newb.

    --



    /dev/random
    1. Re:benchmarking by Unit3 · · Score: 1

      umm... and you don't see a problem with disallowing .NET benchmarking, given the existence of Mono to compare benchmarks to? Or do you think it's already to ban benchmarking as long as it's only for specific software components?

      --
      -- sudo.ca
    2. Re:benchmarking by the+eric+conspiracy · · Score: 1

      It is clearly stating that they're only concerned with benchmarks against .net 3.0.

      It's THAT bad?

    3. Re:benchmarking by Anonymous Coward · · Score: 0

      It's only banning benchmarks without specifying your methods and code used. It's so you can't do 80 type conversions in a huge loop on a 486 and then say that mono doing the same on a 2ghz machine is "faster".

      As others have pointed out already.

  36. It looks like by Z00L00K · · Score: 1
    M$ is creating a scheme so complicated that it's impossible to be able to follow. Next step is probably to include in the EULA that no other operating system may co-exist on the same machine since it *MAY* be used to circumvent the security schemes in Windows.

    And even if I indicate that I accept the EULA, what proves that I have understood it?

    Anyway - Windows Vista cracks will appear sooner or later. There are always those who see it as a challenge.

    What Microsoft seems to forget is that all these copy-protection schemes that they are running will make life harder for the IT departments. The scale may well be on it's way to tip over in favor of open-source solutions.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  37. Who is buying Vista anyway? by exitstageleft · · Score: 1

    Something tells me that it's not going to sell very well. At least, I'm not going to upgrade to it. I honestly cannot think of a single reason why I should.

    1. Re:Who is buying Vista anyway? by ArghBlarg · · Score: 1

      Oh, just you wait until that new piece of hardware you really really want, or even need, comes out -- and it only has drivers for Vista. And the manufacturer says "No plans to support Win2k, XP, 2003, ever." when you email them for alternative drivers. That already happened to me for Win2k, forcing me to upgrade to WinXP for no good reason other than laziness of the driver programmers (f*ck you very much Alesis MultiMix Firewire driver author(s). Lazy/stupid turds.).

      --
      ERROR 144 - REBOOT ?
  38. I could've done a better job writing MS EULA by Anonymous Coward · · Score: 0

    "You have no rights. We own everything."

    1. Re:I could've done a better job writing MS EULA by __aaclcg7560 · · Score: 1

      You shouldn't be ripping off Dick Cheney's line.

  39. My favorite by fiber_halo · · Score: 1

    My favorite quote from the Vista license is in section 8:

    You may not: work around any technical limitations in the software

    I guess they are talking about things like intentional limitations such as only installing on one PC. It just cracks me up though.

    1. Re:My favorite by akirchhoff · · Score: 1

      Does this include installing Linux on the box Vista came on?

    2. Re:My favorite by AnalogDiehard · · Score: 1
      You may not: work around any technical limitations in the software

      Not even with format c:?

      --
      Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  40. No virtual DRM == Anti-Macintosh by h2oliu · · Score: 1

    Ok, call me paranoid, but it seems that the no DRM in a virtual machine component is trying very hard to make it so that people can't use office on a Macintosh. Sure you can pay for Windows, but you can't use office, which is really the only reason to run office on a Mac.

    I know there is a Mac version of office. But it doesn't have the VBA components that drive many corporations.

    --
    Ok, I give up, why you?
    1. Re:No virtual DRM == Anti-Macintosh by 99BottlesOfBeerInMyF · · Score: 2, Insightful

      I know there is a Mac version of office. But it doesn't have the VBA components that drive many corporations.

      That's okay. All the companies still paying Office licensing fees and relying on VBA for internal apps will be crushed by the competition in a few years anyway :)

    2. Re:No virtual DRM == Anti-Macintosh by toddestan · · Score: 1

      That's okay. All the companies still paying Office licensing fees and relying on VBA for internal apps will be crushed by the competition in a few years anyway :)

      Just like all those companies that never migrated away from the big iron mainframes of yesteryear? Oh, wait... :)

  41. on DRM. by Reidsb · · Score: 0

    The description is a bit misleading on the DRM, it seems to only apply to when Vista is being virtualized/emulated. Still annoying, but less onerous than implied. It's only a matter of time before it goes that far, however.

  42. Torn as a gamer... by William_Lee · · Score: 1

    As someone who does a lot of PC gaming, I find myself between a rock and a hard place on Vista. I have no interest in upgrading based on the feature set other than DirectX10, and have installed Ubuntu on a second machine. I have found Linux to be more than adequate for most applications, but severely lacking as a gaming platform. Even though I have a technical background, I also don't want to spend a lot of time tweaking to get games to work on an OS. I plan on sticking with XP for gaming for as long as humanly possible, but am disgusted by the future of the MS platform on so many levels including this EULA and the OS level DRM. I guess there's no easy answer here (other than to hope for a cracked/stripped version of Vista and violate copyright law), but I felt like venting.

    1. Re:Torn as a gamer... by Lummoxx · · Score: 1

      Same here. I'd rather pay an extra $10 for a game that will run on linux. I have no plans on buying Vista. I'll buy a console game machine before I buy into that crap.

      --

      I am a viral sig. Please copy me and help me spread. Thank you.

  43. Not unusual for MS (or others) by xtheunknown · · Score: 1

    The prohibition on publishing benchmarks is not new. It has been there for virtually all database products (Oracle, Sybase, SQL Server) for a long time. I don't know if I've ever seen it for an OS, but it's not all that interesting.

    --

    They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
  44. Cost of using Visa - Per Day by Pengo · · Score: 1


    I estimate that I'll be able to use a copy of Windows Vista and actually use the software for 2 years, before I either upgrade my machine and don't have any more installs left.

    I compare it with other stuff I buy and use daily, and break things down to a per-day cost.

    Per Day charge:

    Vista (Pro equiv, $299 2 years) : $.41 per day
    Tiger ($129, 2 years till next os upgrade) : $0.17 per day
    XP Pro (Used 1 copy since launch - 5 years paid for OEM, apro $150): $.08 per day
    Ubuntu : $0.0 per day , maybe a fraction of a penny considering the cost of media to burn the disk (though I use rewriteables for Linux)

    Other things I pay for:

    Cable TV: $1.00 per day
    Verizon Service w/Blackberry: $8.30 Daily
    World of Warcraft Account: $.49 per day

    Basically, the cost of using Visa is pretty close to any MMO that charges $15 a month for usage.

    If the re-install issues get sorted out and I can get 4 years of use out of the product (which is unlikely due to the frequency I replace my windows (gaming) machine hardware through upgrades, the cost per use is closer to what Tiger costs. Of course this doesn't take into account the costs of maintenance (headache medicine), etc. There is a strong premium for using Vista, and using XP Pro as long as I can only makes that investment better value. (Though, I have had to re-install Vista probably 10 times over the years due to various issues such as bit-rot, malware, virus, etc, major hardware upgrades)

    1. Re:Cost of using Visa - Per Day by Trevahaha · · Score: 1

      Neat breakdown.

      I think it's interesting how people (especially techies) complain about software costs when it's such a basis for what we do all day. I understand that we all bitch about our cable bill, our electricity bill, and especially the cost of gas, and it's just as fair to bitch about software too.

      However, it just seems that something that is a core of business, we feel that even $100 for something we use every day is insane. I look at the cost of Microsoft Office and think "wow, that's a lot of money," but then I think about how critical it is my work and realize that I wouldn't be able to do my job as easily without it. I'm not saying there aren't alternatives... but seriously, you get what you pay for.

  45. Microsoft's Matt Evans Had This To Say: by mpapet · · Score: 1

    In May of this year when I predicted Vista is going the way of the set top box Matt replied:

    No rational person thinks this, but suppose anyway that that is our secret plan, and that we're going to come up with some scheme whereby apps can't run unless they're magically signed or some other scheme.

    Guess what - we already have that, in a few forms even (i.e. SAFER, SRP, etc), and the majority of people don't use it, and don't want to, and even if we did have it, there will still need to be a box that says "run anyway".


    The context in which that comment was made: ...You are teaching them (end users) to:
    1. click okay and let the chips fall where they may.
    2. turn the PC into a DRM'd set-top box.
    We all know you can't teach users anything they don't -really- want to know, so I believe you are paving the way for option 2 with Longwait.

    http://slashdot.org/comments.pl?sid=186700&cid=154 07574
    Matt's snarky comments aside, the new EULA is yet another step forward with a 64-bit locked kernel coming in the set top box plan.

    If you value your personal freedom, please consider an alternative OS. Perhaps Linux or BSD may work for you.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  46. Suprises? by daveewart · · Score: 1

    Surprises in Microsoft Vista's EULA? No-one's surprised about this sort of thing any more, surely?

    The answer is simple: if you don't like it, don't install/buy/use it; and similarly, discourage others from installing/buying/using it.

    --
    "If you think the problem is bad now, just wait until we've solved it." --- Arthur Kasspe
    1. Re:Suprises? by houghi · · Score: 1

      Finding a PC, especially a portable, without it will be not easy if you are also interested in price.

      --
      Don't fight for your country, if your country does not fight for you.
    2. Re:Suprises? by Anonymous Coward · · Score: 0

      This Microsoft software is free; you can redistribute it and/or modify
      it under the same terms as Perl itself.


      Not much else found in a Microsoft license or EULA could suprise me.

    3. Re:Suprises? by daveewart · · Score: 1

      Finding a PC, especially a portable, without it will be not easy if you are also interested in price.

      If people demand alternatives to buying Windows machines, then suppliers will (eventually) stop supplying only Windows machines. Admittedly this won't be easy or indeed fast to happen. However, there's nothing stopping you buying a 'cheap' Windows PC and then putting *nix on it, is there?

      --
      "If you think the problem is bad now, just wait until we've solved it." --- Arthur Kasspe
  47. Now I am thankful for XP... by Wolfger · · Score: 1

    ...because it made me switch to Linux! Somebody ought to write a law against EULAs. Software should be purchased, not licensed.

    1. Re:Now I am thankful for XP... by Zero__Kelvin · · Score: 1
      ...because it made me switch to Linux! Somebody ought to write a law against EULAs. Software should be purchased, not licensed.
      You are contradiciting yourself. If you run Linux, you do so under a license. It is called the GPL (and there may be other FOSS type licenses involved.) You don't own a copy; you are granted the rights to use it under a license.

      I'm not even going to get into how absurd it is to suggest that protecting freedom in cyberspace should be done by having a bunch of self-serving morons with a minimal understanding of technology and the issues get together and right a law to eliminate choice. Don't like EULA's? Don't be bound by them. If that means not using a piece of software, write the vendor and tell them you would love to use their product, but their EULA is prohibitive. Be sure to state explicitly what the deal-breaker(s) is/are for you.
      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    2. Re:Now I am thankful for XP... by Wolfger · · Score: 1

      I do not contradict myself. I made two seperate statements. I'm glad XP made me switch to Linux (which has much better license terms), and I wish EULAs were outlawed. I believe software should be purchased rather than licensed.

      Secondly, it's been a long time since I've actually read the GPL, but as I recall it's more of a copyright license than a EULA. I've never had to agree to any EULA on any Free Software that I run.

      The problem with EULAs is that you've already spent time and money "buying the software" (a euphemism, these days), before you can even read the terms. Your options are to accept whatever the terms are and use what you bought, or not accept the terms, and struggle to get your money back (most stores have return policies prohibiting refunds on opened software, yet you must open to get to the EULA...).

      And let's not even get into the problems of internet distribution... I have agreed to many different EULAs for a single game in the past year. The reason? They keep changing the terms of the EULA with each non-optional software update. So my choices there are accept the terms, or quit using the game I already paid $50 for and *cannot* return.

    3. Re:Now I am thankful for XP... by Zero__Kelvin · · Score: 1
      I do not contradict myself.
      Really? .... (from your earlier post.)
      Software should be purchased, not licensed.
      Linux use is based on a license. Linux or outlawing licenses. You must pick one and only one option. You cannot have it both ways. If you outlaw licenses, you destroy Open Source.
      Secondly, it's been a long time since I've actually read the GPL, but as I recall it's more of a copyright license than a EULA. I've never had to agree to any EULA on any Free Software that I run.
      It is a LICENSE. The L in GPL stands for license in fact! Your problem with EULA's is not really a problem with EULA's. The problem is more convoluted. What is needed in this case is not a law, but rather a class action lawsuit.
      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    4. Re:Now I am thankful for XP... by aaza · · Score: 1
      The difference here is that a EULA is a licence to use, whereas the GPL is a licence to distribute. If you have no intention of supplying Linux (or any other free software) to anyone, you are not bound by the GPL. You can download it, burn it to a CD and then install it, and never even encounter the GPL. If you want to commercially distribute them, you need to worry about the GPL.

      In the case of the EULA, you need to agree to a licence before you can use the software. If you can't see the difference between these two situations, you need to stop, take a deep breath, take a step back and look again.

      --
      In theory there is no difference between theory and practice.
      In practice, however, there is.
    5. Re:Now I am thankful for XP... by Wolfger · · Score: 1

      You're a moron.

    6. Re:Now I am thankful for XP... by Zero__Kelvin · · Score: 1
      The difference here is that a EULA is a licence to use, whereas the GPL is a licence to distribute.
      Right. And now that we agree upon the differences, let us see if we can agree upon the similarities. A license to use, and a license to distribute, are both licenses. Ergo, if we outlaw software licenses we outlaw the GPL. The GPL is a software license. One might think that they could just outlaw "user" software, but what constitutes user software? Certain system services run in user space. Is that "user" software? FTP transfers files. Is that distribution or use? Obviously, we know the answers to these questions ... how well do you think such a law will be designed by Congress? How well will it be interpreted by judges and lawyers, almost all of whom have no expertise in the area at all? Many laws don't solve problems; they cause them. "Such a law this would be ..."
      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    7. Re:Now I am thankful for XP... by Zero__Kelvin · · Score: 1
      You're a moron.
      I am certainly not up to the task of arguing with such a well thought out, concise argument as that!
      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    8. Re:Now I am thankful for XP... by aaza · · Score: 1
      You still seem to be misunderstanding. Even to the point that you misunderstand the single sentence that you quoted.

      The differences part you seem to have worked out. They are different. The similarities you have not seemed to grasp. If software licences were outlawed, a EULA would be illegal, as it is a licence to use software. The GPL would not, as it has nothing to do with software, other than software being a copyrighted item that can be modified and redistributed. The licence in GNU's General Public Licence is about the licence from the copyright owner to distribute copyrighted material, and will continue to be so regardless of what that copyrighted material is: software, a book, music, photographs etc. You abide by the terms of the licence to distribute, or you do not distribute.

      If you are going to say something like "But you don't have to use the software", think about how easy it is to get an x86 laptop (not a Mac of any type) without windows installed. Go into Fry's or Egghead, or whatever your local store is, and ask for a laptop without Windows. Ask them to remove it, and give you a refund for the amount of Windows. No one is forcing you to distribute GPL material, and hence be bound by the licence to distribute. But if you want an x86 laptop, you must agree to an End User Licence Agreement in order to use it. Sure, you could just delete the Windows partition when you get home (or even before you leave the store), but then, is it possible to get a refund for it? No, because it was preinstalled, and no retailer will take it back.

      By the way, I am not arguing about laws, and making new laws, or abolishing old laws. I am talking about different types of licences. It might make things easier if they were named properly: End User Contract, and General Public Distribution Licence. That way, it would not be so confusing when people use the same word in different contexts to mean different things, much like (legal or scientific) jargon.

      --
      In theory there is no difference between theory and practice.
      In practice, however, there is.
    9. Re:Now I am thankful for XP... by Zero__Kelvin · · Score: 1
      You still seem to be misunderstanding.
      In your entire post you have done nothing but state the obvious. You completely ignored everything I wrote, quoting and replying to none of it. I promise you I understand all of the issues at least as well as you. There is one issue I clearly understand better. The legal system and its inadequacies. As I already stated; we don't need a YAL (Yet Another Law) to make things worse. There are already sufficient laws in place. The problem is that the people adjudicating are not qualified to apply the law. Making another, almost certainly more convoluted law, is just going to make things worse. I don't care how well WE understand it, any such law will eventually result in the GPL being attacked successfully . It makes no difference that the law was intended to help OSS. M$ and the other scumbags have money to go to court and use it. Their lawyers have the skill to manipulate the judges into handing down horrible rulings as a result. If you are too naive to already know this, then simply take my word for it.

      Hint: M$ is unscathed from an anti-trust suit. They continue their illegal practices. So much for the benefits of the law.
      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  48. People Who Use Macintoshes... by CheeseburgerBrown · · Score: 1

    ...are clearly just shallow, brand-salivating pooftahs who wouldn't know how to use a real computer.

    I mean, why pay the premium for the Apple hardware that lags behind the PC world -- just because you like the shiny chassis it comes stuffed in?

    There is no reason that an intelligent, price-conscious user would ever chose Mac over PC.

    This edition of Retro-FUD brough to you by The Irony Police. Thank you, and compute in peace.

  49. I can see now by Lewrker · · Score: 0

    why they want to move out of China.

  50. Vista EULA is on-line as ever. by Anonymous Coward · · Score: 0

    What the hell the post says Windows Vista EULA doesn't exist? it's there.

    http://www.geekzone.co.nz/bradstewart/1658 reports on an updated Vista Licence that allows transfers between machines. Perhaps the poster couldn't find the EULA because it was being replaced?

    1. Re:Vista EULA is on-line as ever. by freitasm · · Score: 1
  51. Ever-Changing EULA? by TheNinjaroach · · Score: 1
    FTA:
    You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at http://go.microsoft/fwlink/?LinkID=66406.

    So if I agree to the EULA and the limitations provided on that webpage at the time of agreement and it changes, am I bound to that ever-changing webpage? How could they possibly hold me to newer changes that I couldn't read about before I agreed, or is this just as laughable in court as I'm seeing it now?
    --
    I went to eat some animal crackers and the box said, "Do not eat if seal is broken." I opened the box and sure enough..
  52. Guns by Anonymous Coward · · Score: 0

    When the EULA takes away user's flexibility to use the product only outlaws will have the flexibility to use the product.

  53. There is no spoon by OSS_ilation · · Score: 1

    Only DRM

  54. In case anyone hasn't seen this... by Onyma · · Score: 1

    The much disliked "one transfer" issue is now old news. MS has changed the EULA to allow infinite transfers. http://www.windowsitpro.com/Article/ArticleID/9411 7/94117.html

    --
    Play me online? Well you know that I'll beat you. If I ever meet you I'll "/sbin/shutdown -h now" you. -Weird Al, kinda.
    1. Re:In case anyone hasn't seen this... by Aranel+Alasse · · Score: 1

      Yay! That was my main objection to Vista, so far.

      While I'm posting, does anyone know what this means (from http://www.microsoft.com/genuine/downloads/faq.asp x#Question3Label):

      Q: Will systems running Wine pass WGA validation?
      A: Wine is an implementation of the Windows 3.x and Win32 APIs on top of X and Unix. When WGA validation detects Wine running on the system, it will notify users that they are running non-genuine Windows, and it will not allow genuine Windows downloads for that system. Users of Wine should consult the Wine community for Wine updates. It is important to note that Wine users, and other users of non-genuine Windows, can continue to download updates for most Microsoft applications from Microsoft application-specific sites, such as Office Update.


      And another question I had: how often will Vista try to Validate itself? What if you don't have the internet on that machine? Would Validating involve calling MS every so often?

    2. Re:In case anyone hasn't seen this... by dch24 · · Score: 1

      I don't understand how this comment is unmoderated. This is important news. Microsoft is responding to their customers on this one. This item should be an important part of this, and many of the other discussions on slashdot.

      Microsoft changed their EULA. They allow infinite transfers. Link to more information in parent post.

    3. Re:In case anyone hasn't seen this... by Trevahaha · · Score: 1

      Mod parent up, this is really good news!

  55. Re:Farist stop by Anonymous Coward · · Score: 0

    Mod parent down, it's just a lame goatse link posted by somebody that thinks adding a fake destination in square brackets might prevent /. from showing the real one.

  56. Psst... Don't tell anybody... by rudeboy1 · · Score: 1

    I haven't paid for Windows since Win95, (or, at least, more than $5-$10 for the college issue). Microsoft seems to be content with opening a back door to a lot of these policies by issuing an open-license version of Windows to larger clients. There are, I'm sure, enough sysadmins here that one could almost envision a threadjacking regularly commence, similar to when gmail accounts were a hot commodity. Someone simply makes a post saying they have extra copies of Windows, who wants em. I would imagine that, should M$ continue with this policy, that the EULA segments pertaining to license transfers won't really matter. With every version of Windows I have had (after my one retail bout with Win95) I simply enter a serial key, and I'm done. My copy of XP pro still passes the stupid Authenticity test, or whatever that thing is, without any hacking done on my part.
    Personally, I'm a firm supporter of subversion in the face of corporate callousness. I have learned the hard way that corporations tend to have better lobbyists, so if an even moderately technical issue needs government intervention, I have learned to prepare for the the worst. I would cite our current net-neutrality debacle as evidence of this.
    Companies always seem to cry loudest when they are the victims of IP theft, (real or imagined... the MPAA is feeding all the right people all the wrong statistics) and that seems to spark a lot more policy debate than a failed class-action lawsuit, boycott, or protest. So, at least if i obtain my copy of Windows at a less than ethical standard, there is the chance that there might be some activity (albeit about 50/50 bad to good) that may commence, much more so than if I had simply shelled out 400 clams for something that will (as history has proved without fail) to be inherantly broken.
    I will explain this a little more before I get off my soapbox, because I feel that some will still question the logic here. Napster. Napster (perhaps unintentionally) created a voice to millions of people who decided they were sick of shelling out $15-20 for a CD that they heard one good song on, and came home and found out that there was a total of one good song on, the rest they could care less about. So, in the ensuing months/years, millions of people had easy access to all the music they wanted, no more, no less. (OK, more, but let's say for the sake of argument they didn't download it unless they wanted it). This of course sparked huge controversy that exists today. While some would conclude that the DRM issues we run into on a daily basis are the direct and only result of this, I would beg that you consider that the industry has seen that public has spoken, and while it has launched features to protect its assets, it has also launched features to appeal to the same filesharing crowd they cried wolf on. iTunes. CD preview stations at Borders. Allowing musicians to use the internet to more closely allign themselves to what the public wants. (See the cover story about Beck from Wired a couple months ago). My point is, that while massive theft forced the industry into a panic, resulting in things like the great Sony rootkit scandal, and the overbearing Apple DRM, it also forced them to change, and forced talks between oppsing viewpoint groups.
    What will happen if we apply this same concept to the OS market. Predictably, a $400 OS with more limited options will stem greater growth in Apple and Linux. It will also force more people to side with me, and effectively refuse to pay the rediculous amount of money, but admit that we are dependant on a microsoft OS because of its interoperability with 90% of the programs most computer-savvy people need to survive their day-to-day lives. Increased alternate-OS market share and subversion and piracy will be the message that disporves the idea that M$ can do whatever they want with their supposed captive audience. This will stem more stern lockdowns, which will stem more controversy, reaching higher levels

    --
    Raging in an online forum won't do anything for the world around you. To see change, you must take action.
  57. Kids are fun by 7311587 · · Score: 1

    I get my kids to click all the EULA stuff. They have special magical powers that exempt them from contracts.

    1. Re:Kids are fun by Anonymous Coward · · Score: 0

      "They have special magical powers that exempt them from contracts." Yes they in fact do have magical powers... th EULA is only valid if the signing person is over 18 years old (at least in my country). Now MS only needs a way to check if the signer is an adult.

  58. UCITA and EULAs by Lonewolf666 · · Score: 4, Informative

    There is indeed an attempt to make EULAs contractually enforceable, the so called Uniform Computer Information Transactions Act (UCITA).
    Wikipedia's article on the subject, http://en.wikipedia.org/wiki/UCITA, does however claim the UCITA "has only been passed in two states as of 2004 -- Virginia and Maryland". If you live in one of those, you might be out of luck.
    In other jurisdictions, EULAs are probably unenforcable. Wikipedia has another article that covers the US situation:
    http://en.wikipedia.org/wiki/Shrinkwrap_license.
    In Germany, a few years ago Microsoft failed to enforce the EULA that disallowed separate sales of OEM software. The court ruled that an equivalent of the First-sale doctrine http://en.wikipedia.org/wiki/Doctrine_of_first_sal e applied. The EULA that said otherwise was obviously disregarded.

    --
    C - the footgun of programming languages
    1. Re:UCITA and EULAs by mr_matticus · · Score: 1

      It's not true that EULAs are unenforceable outside UCITA jurisdictions. A EULA is a valid contract, held prima facie in United States courts. What happens is that when a EULA includes invalid provisions, those provisions are overturned--not the EULA in its entirety. Klocek v. Gateway is largely misunderstood and misrepresented by Wikipedia (it does not overturn EULAs in general, but instead claims that the provisions in the contested EULA are unenforceable); the Netscape case likewise does not apply to Windows or most other software licenses (as it was dismissed because there was no "I accept" option to be marked).

    2. Re:UCITA and EULAs by FractalZone · · Score: 1

      There is indeed an attempt to make EULAs contractually enforceable, the so called Uniform Computer Information Transactions Act (UCITA). Wikipedia's article on the subject, http://en.wikipedia.org/wiki/UCITA, does however claim the UCITA "has only been passed in two states as of 2004 -- Virginia and Maryland".

      Hmmm. In what two states are many US government intelligence and law enforcement agencies headquartered? DC itself is not a state, of couse, but it is interesting that the only two states that think UCITA is a good thing happen to be right near the seat of the federal government.

      --
      "You're young, you're drunk, you're in bed, you have knives; shit happens." -- Angelina Jolie
  59. FPS by Sazarac · · Score: 1

    Will this EULA keep Vista gamers from telling other players what their framerate is? Nice...

    --
    This sig is exempt from disclosure under the privacy Act of 1974.
  60. Security through obscurity by Dutchmaan · · Score: 1

    The first rule of Vista is that you don't talk about Vista.

    The second rule of Vista is that you DON'T TALK ABOUT VISTA.

    Seems that they're taking the security through obscurity approach when it comes to performance reviews as well. Can't have the public actually KNOWING anything bad.. now can we.

    1. Re:Security through obscurity by Anonymous Coward · · Score: 0

      more like: what happens in Vista, Stays in Vista...

  61. obligatory Nelson Muntz comment by monkeyboythom · · Score: 1

    HA, HA!

  62. I never sign a EULA by Roger+W+Moore · · Score: 1

    I don't sign a EULA when I use my own machine. In fact I've never signed a EULA and, fortunately, in some (many?) coutries this means it is meaningless. So until MS requires people to physically sign the document I really don't care what they put in it.

  63. multiple install limitation reversed! by Cherveny · · Score: 1

    FYI, according to some http://news.zdnet.com/2100-3513_22-6131900.html?ta g=nl.e589 news sites, MS has now reversed their minds about the restriction about transfering licenses between PCs.

    --
    --- It's not my fault this post looks redundant. I just type too slow.
  64. Windblows by Anonymous Coward · · Score: 1, Interesting

    At this point, Micro$haft will not be on my next machine. I pay waay too much money, for software that, despite 20 years of practice, CONSTANTLY crashes, and now, on top of all that, I'm being told what I can and can't do with this crap I paid (again) waay too much for?

    AND I'm being told what I can and can't have on MY OWN COMPUTER? Screw that, RedHat, you've got my vote.

    1. Re:Windblows by bram · · Score: 1

      You must be new here.

      --
      People using html in email should be shot.
    2. Re:Windblows by Anonymous Coward · · Score: 0

      Funny...

      I've been here for a few years but only recently tried linux - as a result of the nincompoopery that is prevalent in Vista.

    3. Re:Windblows by falconwolf · · Score: 1

      At this point, Micro$haft will not be on my next machine. I pay waay too much money, for software that, despite 20 years of practice, CONSTANTLY crashes, and now, on top of all that, I'm being told what I can and can't do with this crap I paid (again) waay too much for?

      MS has done gone past the point where I will buy or use another MS OS unless and until MS changes their ways if I can at all avoid it. I've bought Win 95, 98, ME, and NT4, the computer I'm typing this on is old and runs ME. Within a couple of weeks though I will be ordering a MacBook Pro. Activation and WGA in XP as well as Windows constantly crashing has driven me away from Windows.

      Falcon
  65. Re:Might as well be hanged for a sheep as for a la by booch · · Score: 1

    Actually, I think that's a pretty good point. There's a similar phenomenon that happens with overly restrictive laws. Once they become too restrictive, people stop following them. Once they stop following the overly-restrictive laws, they have less incentive to follow other laws.

    --
    Software sucks. Open Source sucks less.
  66. Re:surprises? by Lonewolf666 · · Score: 1

    True, I remember a similar clause in an Oracle EULA I read a few years ago. But that does not mean we should simply accept this crap. It merely means Oracle deserves some bashing too ;-)

    And finally, I take such clauses as a sign that the software is actually inferior, at least in some scenarios. Why else would they need that clause?

    --
    C - the footgun of programming languages
  67. Legalese? by araemo · · Score: 1

    It seems like the author is purposefully mis-reading the terms of the EULA. Under the premise that the average user won't be able to read them correctly.

    While I agree that that is a problem(And that is, essentially, the reason why noone reads EULAs. They won't know what it actually means if they do!)... Just because my Mother would think .net might apply to the whole OS... legally it doesn't. And you can therefor benchmark the REST of the OS, just not the .net components specifically.(Though I think that clause is total bs anyways. ;) )

    The virtualization restrictions have been debunked elsewhere - essentially, whether you are using the OS in a virtual machine or not, it is 'legally' 'bound' to that physical machine only - you can't move the VM to a different peice of hardware without taking it off the first piece.

    You can still run any copy of windows in a VM.. you just can't buy a license to home, and then run that same license inside a VM inside the first install. You CAN do that with pro/premium/whatever it's called(Which is something I'm glad to hear..)

  68. Outdated by pdschmid · · Score: 1

    The article is outdated. Microsoft changed the Vista EULA today. It now allows an unlimited number of transfers of the retail copy from one computer to another, instead of just one as the article still says. You can read more about this change at http://blogs.zdnet.com/Bott/?p=166 Or download the full EULA from http://www.microsoft.com/about/legal/useterms/defa ult.aspx I am glad that the pressure on Microsoft worked and they changed that license term!

  69. You mean EditPad Lite by Anonymous Coward · · Score: 0

    I guess it's been renamed. That's the free version anyways.

    1. Re:You mean EditPad Lite by teh_chrizzle · · Score: 1
      --
      sarcasm:
      -noun
      1. harsh or bitter derision or irony.
  70. Oh and for independent devs too by Mateo_LeFou · · Score: 1

    "The problem is the psychology of EULA abuse: Forbid by default even while admitting (as here) when you are placing legal (non-technical accomplishing virtualization is just as easy with any version of Vista) restrictions on some users.

    If they dont like these completely superfluous restrictions, defend it by saying there arent very many of them. Fascinating, like I said. This is truly a test of what people will put up with."

    source:
    http://btetc.blogspot.com/2006/11/eulas.html

    --
    My turnips listen for the soft cry of your love
  71. Can anyone tell me why? by InsaneProcessor · · Score: 1

    Can anyone tell me one good reason why I would even want to consider vista? I have yet to see any compeling reason to have it.

    --

    Athiesm is a religion like not collecting stamps is a hobby.
    1. Re:Can anyone tell me why? by Kimos · · Score: 1
      Can anyone tell me one good reason why I would even want to consider vista?
      1. If you play games, you need Windows. Virtually nobody develops for anything but MS. Game makers don't need to bother with that >10% of the market that are using other OSs, it doesn't make financial sense. Now with DirectX 10, you won't be able to play on that old version of XP for long.
      2. If you buy a PC and you don't build it yourself, you will almost definitely be buying Vista bundled into the price. This is where MS makes their real money. This is where most copies of Vista will be licensed (or "sold"). See Windows Tax
    2. Re:Can anyone tell me why? by InsaneProcessor · · Score: 1

      Wrong on both accounts.
      1. Game writers aren't going to be using much of the new features of DX10 becuase of the size of user base that will not go to Vista.
      2. I won't buy any manufactured PC with Vista on it. Either give me XP or I will go to someone who will and there will be enough around for quite a while.

      Now I still ask the question: Can anyone tell me one good reason why I would even want to consider vista?

      --

      Athiesm is a religion like not collecting stamps is a hobby.
  72. Microsoft are simply... by petrus4 · · Score: 1

    ...following the American government's example, among other things. Aside from Bush being fascist, Microsoft were let off the antitrust hook pretty much the moment he got into office...so it's completely understandable that they'd be thinking that they can do what they like, at least as far as America itself is concerned.

    Just remember...the only real way they can trap people now is with games. Non-DRM mp3s are still available if you know where to look for them, and we still have Open Office. As long as Blizzard keep making the OSX port, we'll still be able to play WoW at least under Linux or FreeBSD, and there are a lot of other games that can be used with wine, as I said earlier.

    Even if the majority are willing to swallow the EULA, I know not everyone is going to be...and that is the point. There will be a lot of people who can't do their jobs with these kinds of restrictions...they'll have to either stay with XP, or migrate to Linux or FreeBSD.

    I have a feeling that this will ultimately be a very good thing for FOSS.

  73. DirectX maybe not that significant. by Kadin2048 · · Score: 2, Interesting

    I'm really not sure of this. The gap between console gaming and PC gaming is getting narrower, and there's really nothing but inertia stopping a console manufacturer from using a keyboard and mouse as input devices instead of a dual-analog type controller.

    Consoles have networking and multiplayer and downloadable games, which used to all be hallmarks of the PC ... they also have lower cost of ownership over time (less upgrades).

    If the console manufacturers don't make it a pain in the ass to develop games (which has always been the bane of their existence in the past; more games come out for the PC than consoles for this reason, I suspect), then it just makes sense that would be the direction things go in.

    Pretty much everything you can do with regards to games on a PC, you can do on the next generation of consoles. Windows may have the PC gaming market locked up, but that market may not be as big or as significant as they think it is.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:DirectX maybe not that significant. by DrSkwid · · Score: 1

      Dual / multi screens,
      1600x1200,
      There will never be an XBox360 mouse for FPS, too unfair on joystick players

      The next-next gen is how long away ?

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    2. Re:DirectX maybe not that significant. by yodleboy · · Score: 1

      ohhh i can't wait to see if Windows LIVE finally allows me to play HALO on my PC against all these Xbox owners. prepare to be pwned. mouse/kb rules.

    3. Re:DirectX maybe not that significant. by Spikeles · · Score: 1

      DirectX is not just about gaming you know. The entire DirectX suite comprises tools used for music, sound, 3D graphics, 2D imaging, input, networking, maths routines and a bunch of others i'm sure i forgot.

      All people tend to focus on is the Direct3D component, and they forget that the rest are extremely useful for all manner of people, want to be a DJ? You need DirectSound and DirectMusic, want to do 3D virtualization? Direct3D and probably DirectInput, want to write a paint program? DirectDraw ( technically Direct3D ).

      Sure, you don't want Direct3D because you can play Halo3 on your XBOX, but you ARE going to want it when you want to see that awesome new farbrauch tech demo, or you want to use that cool new automagic DJ sequencer, or if you want to listen to your cool new music CD.

      --
      I don't need to test my programs.. I have an error correcting modem.
    4. Re:DirectX maybe not that significant. by Anonymous Coward · · Score: 0

      All of which can be done in DirectX9 just fine, and DX9 will still be supported by Vista.

      Sorry, but the only reason to get DX10 over DX9 is for the performance. Unless we're talking about a real-time application (e.g. Games) or HiDef movies (1600x1200 or better). That's the only places it really matters, and most people are happy, today, with the video resolutions they get. So, apart from games and very specialized industries like the 3D movie animation industry, it doesn't matter.

  74. At least by jrspur2003 · · Score: 1

    At least they changed the PC transfer agreement for retail copies back to unlimited

  75. Not that bad by Thaelon · · Score: 1

    I'm only referring to the part about removal by default, but I don't think it's as sinister as our kneejerk reaction would indicate.

    Microsoft is aiming that default - accurately I would contend - at "Joe 'my-box-is-a-zombie' six-pack". Your average user just accepts defaults. And in this case we need defaults that protect the rest of us from the machines of non-tech savvy users.

    --

    Question everything

  76. Re:Psst... Don't tell anybody... by NotBorg · · Score: 1
    I'm done. Back to work. Would you like fries with that?

    No I would not... too bad I can't opt out of the "value meal". Fries now come bundled with every meal. We call this innovation.

    --
    I want this account deleted.
  77. What is it called? by ahayes_m · · Score: 1

    I think I've read this on /. before.

  78. Surprise? by chill · · Score: 1

    You keep using that word. I do not think it means what you think it means.

    --
    Learning HOW to think is more important than learning WHAT to think.
  79. Reassignment license changed?!!? by SiliconEntity · · Score: 1
    The article misquotes the current license text regarding reassignment. Here's what the article claims the license says in Clause 15:

    a. Software Other than Windows Anytime Upgrade. The first user of the software may reassign the license to another device one time. If you reassign the license, that other device becomes the "licensed device."

    But here's what the license actually says (Home Basic version):

    a. Software Other than Windows Anytime Upgrade. You may uninstall the software and install it on another device for your use. You may not do so to share this license between devices.
    See the difference? The language has changed completely. There's no more reference to this being allowed only "one time".

    Does this represent Microsoft loosening the license terms in response to criticism? That seems newsworthy!
  80. you people are funny by Anonymous Coward · · Score: 0

    I know its "fun" to bash Microsoft, but really this is funny. The 2 things that the summary list aren't even true. As pointed out you can post benchmarks, and the DRM issue only applies to music that is set to not play unless you have a valid up-to-date license for. So it works like any other DRM software.

  81. "may install the software on up to two processors" by Foktip · · Score: 1

    Whats with the "You may install one copy of the software on the licensed device. You may use the software on up to two processors on that device at one time."

    Um, is this for real? When did microsoft write this Eula? Last time i checked, we were on the verge of embarking on a new era of multi-processor machines. Intel and AMD have been boasting about having 4 or more processor machines available in the next year, and Vista will be the OS that will probably COME INSTALLED on these machines. But these machines violate the "current" Vista EULA! What gives! As far as I've heard, Vista should technically support these machines (with more than 2 processors), but what are they expecting us to do in order to comply with this restriction? Are we suddenly going to be expected to buy 2 liscences, or are they going to change their liscence? If they dont change this, are they going to enforce it? In any case, this restriction was valid a few years ago, but it is now outdated; they need to find a new way to distuinguish between high performance servers and user machines.

  82. EULAs are not contracts by Werrismys · · Score: 1

    EULAs are not contracts. They are not legally binding. They are useless annoyances with no weight at all.

    --
    'Once scientists, even the dim-witted social scientists, get muzzled, the Western Civilization is finished.' - oldhack
    1. Re:EULAs are NOT contracts by mr_matticus · · Score: 2, Insightful

      "Can you cite case law holding EULAs valid?"
      Law is not a permissive pursuit--it's a limiting field. That is, it's legal until it's ruled illegal. Still, if you need examples, ProCD v. Zeidenberg is the de facto standard here. There have been other, smaller cases in a number of states as well. Further, there has been no case that has categorically overturned EULAs.

      "More specifically, can you cite case law upholding contractual terms entered into under duress?
      In what way are users under duress when opting to install software? "How about terms which are unavailable until or altered after a transaction has taken place?"
      Those would fall under the umbrella of invalid terms, depending on the case. Note that terms are available for most major products prior to purchase on the website--just as laws are available to the public to read before an individual chooses to act. "I didn't know" is not in itself a valid legal defense, unless you were prevented from knowing.

      "Can you then demonstrate that, once the terms of contract become available (during the installation process), a refund is easily obtained by the end user?" You fail to make the distinction between the EULA and the company honoring its side of the agreement. If you decline the terms of a software license, you are entitled to return the software. The fact that Microsoft doesn't honor that provision is not a consequence of a EULA existing, but rather a business practice in noncompliance with their stated terms. You may freely sue away in an attempt to get a court order compelling Microsoft to give you that refund, but it has no bearing on EULA validity.

    2. Re:EULAs are NOT contracts by kcbrown · · Score: 1
      In what way are users under duress when opting to install software?

      Umm....because the users already paid for it and almost certainly can't get their money back?

      I'd call having real money on the line "duress", since in this case the software manufacturer is essentially holding that money hostage.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    3. Re:EULAs are NOT contracts by mr_matticus · · Score: 1

      Nobody forced you to buy the software, and nobody prohibited you from reviewing the license agreement before purchasing. The action is completely voluntary. What you describe is buyer's remorse, not duress.

    4. Re:EULAs are NOT contracts by ??? · · Score: 1
      In what way are users under duress when opting to install software?

      I suspect the phrase he was looking for was contract of adhesion . Or here, though I am reluctant to push Wikipedia because of their inaccuracy in other areas of this discussion. That said, this doesn't support his argument. Contracts of adhesion are generally enforceable, though there is more scrutiny applied to them and the party with limited freedom of negotiation gets the benefit of the doubt with some terms...

    5. Re:EULAs are NOT contracts by Foobar+of+Borg · · Score: 1
      nobody prohibited you from reviewing the license agreement before purchasing


      The license agreement is encoded on the disk inside the shrink-wrapped box. You can't even see the license agreement until after you buy it, open it up (and thus cannot return it for a refund), and attempt to install it. So, yes, they do prohibit you from reviewing the license agreement before purchasing.

    6. Re:EULAs are NOT contracts by mr_matticus · · Score: 1

      That is completely untrue. The license agreements are available for you to view prior to purchase on the website of just about every major software product, and by request for essentially all companies. If you impulsively purchase a product without research or awareness of limitations, that's your own doing, but you may still elect to decline the terms and pursue a refund.

      Opening the box, does not preclude a refund (only a return to the store where purchased). Indeed, your recourse is with the software publisher. It's not the EULA stopping you from obtaining that refund.

    7. Re:EULAs are NOT contracts by mr_matticus · · Score: 1

      Nobody said Internet access at home is a prerequisite. Most people don't have the complete annotated United States Code at home, but they're still responsible for complying with it. The contract absolutely is available "for perusal" prior to and at the time of purchase--you don't even need Internet access to get it. You can easily request a written copy of the license agreement from every software company on the face of the earth. Again, "I didn't know" is not a defensible legal excuse, except in cases of fraud or obstruction.

      "If the user attempts to return the software and is rebuffed, I think that's sufficient policy argument for nullification of the contract." Indeed it is, but that nullification of contract involves not using the software, not using it and ignoring the contract. Additionally, the software publisher would be liable for a potential court order compelling the refund of purchase price plus damages. Remember the Microsoft refund program?

    8. Re:EULAs are NOT contracts by mr_matticus · · Score: 1

      Right. The Netscape case is in fact a poor indicator, however, even in its odd presentation of the agreement. Importantly, the Netscape product was free (such that disagreeing with the terms simply involves uninstalling the software and a few moments of lost time), whereas a commercial product involves a greater stake on both sides. Due diligence for "free" software is substantially less than for purchases, just as due diligence for purchasing a single fountain drink is less than buying, say, a boat or some furniture--it's much easier to win your case when something has such little value that no one could be expected to put serious thought into it. For this reason and many others, I believe that the Netscape case won't have any long-term weight in case law and is overinflated in importance due to the relative scarcity of landmark cases.

    9. Re:EULAs are NOT contracts by falconwolf · · Score: 1

      Nobody forced you to buy the software, and nobody prohibited you from reviewing the license agreement before purchasing. The action is completely voluntary. What you describe is buyer's remorse, not duress.

      Ya know, I never saw a license agreement on any box of software, I've only ever saw them once the box was opened and installation was started. That is after purchase.

      Falcon
    10. Re:EULAs are NOT contracts by Anonymous Coward · · Score: 0

      read the thread, buddy. that's been addressed.

    11. Re:EULAs are NOT contracts by Lonewolf666 · · Score: 1
      "Can you cite case law holding EULAs valid?"
      Law is not a permissive pursuit--it's a limiting field. That is, it's legal until it's ruled illegal. Still, if you need examples, ProCD v. Zeidenberg is the de facto standard here. There have been other, smaller cases in a number of states as well. Further, there has been no case that has categorically overturned EULAs.

      The question is usually not if the EULA is legal, it is if the inclusion in the contract is valid.
      In ProCD v. Zeidenberg the court said yes, but Specht v. Netscape went the other way. So there is no 100% consistent case law. According to the Wikipedia articles there is one important difference that may explain the different rulings:
      "The user in the Zeidenberg case had purchased and opened the packages of multiple copies of the product, and therefore could not easily prove he remained ignorant of the contract/license".
      If Zeidenberg knew the EULA before the bought further copies of the program, the opinion "a binding contract means that both parties know of the terms and agree to them" of the court in Specht v. Netscape might not preclude the same court from ruling against Zeidenberg.
      --
      C - the footgun of programming languages
    12. Re:EULAs are NOT contracts by mdwh2 · · Score: 1

      Nobody forced you to buy the software, and nobody prohibited you from reviewing the license agreement before purchasing. The action is completely voluntary.

      That's completely beside the point. The point is that the user has a legal right to use software he has purchased. That he installs and uses such software in no way implies he agrees with any contract that is then presented to him. The only way a contract would be valid is if the seller presents it to him before he buys it (not "on some website" - unless he's buying from a website and the screen is explicitly shown to him).

      Now, my EULA says that any more posts from you on this matter mean you agree to pay me $100. Nobody is forcing you to post on this thread, so it's clear you'll be in agreement with this contract if you do.

    13. Re:EULAs are NOT contracts by mdwh2 · · Score: 1

      Law is not a permissive pursuit--it's a limiting field. That is, it's legal until it's ruled illegal.

      Right. So it's legal for me to ignore the terms of what's written on a "EULA" until a court rules otherwise.

      If you decline the terms of a software license, you are entitled to return the software.

      No - if you've paid for it, you're still entitled to use it. Just as you're still entitled to post to Slashdot even if you disagree to pay me $100.

    14. Re:EULAs are NOT contracts by mr_matticus · · Score: 1

      "Right. So it's legal for me to ignore the terms of what's written on a "EULA" until a court rules otherwise."
      No, it's not. A EULA is a contract held prima facie. Contracts are valid under the law. A EULA is therefore valid until ruled legal. Each contract does not need to go to court before it's valid.

      "No - if you've paid for it, you're still entitled to use it. Just as you're still entitled to post to Slashdot even if you disagree to pay me $100."
      No, you're not. You've paid for a restricted license of use, not for ownership of any content. You have a legal remedy in returning the software and recovering the money you spent if you don't like the terms.

      If Slashdot was a paid-membership site and you paid and then disobeyed the terms of the site, you can be kicked out. Your payment does not entitle you to complete control. It's clear that you're not familiar with law, so this is all I will say to you.

    15. Re:EULAs are NOT contracts by mr_matticus · · Score: 1

      You're just on a roll. Please cite a case where your contention is held to be true.

      As an example of how hilariously wrong you are, are you presented with terms and asked to agree to them before renting a movie? Does a DVD tell you before you buy it that you're not allowed to do x,y, and z with it? How about warranty terms--are they disclosed to you before you buy a product? As long as terms are made available to an individual before commitment, the contract stands. In the case of software, the EULA is available before purchase, during purchase, and after purchase--all before installation. During installation, users are asked to agree to the terms. If they disagree, they may return to software to the publisher, citing that decline to accept. That is the way software licenses have been developed.

      As a purchaser of a software license, you have a right to use the software in accordance with that license. If you do not accept the terms, you may return it. You do not own, in any way, the software you purchase. You own the box, the packaging, any documentation, and the physical media itself; you're free to do what you want with those physical goods, but not with the content. And again, if you disagree, cite a case that says otherwise.

    16. Re:EULAs are NOT contracts by kcbrown · · Score: 1
      As an example of how hilariously wrong you are, are you presented with terms and asked to agree to them before renting a movie? Does a DVD tell you before you buy it that you're not allowed to do x,y, and z with it? How about warranty terms--are they disclosed to you before you buy a product?

      None of those cases is relevant in the least. In the first (renting a movie), the terms and conditions are a combination of copyright law (which is always in force) and the terms and conditions of your rental agreement with the rental company, which you signed when getting an account with them. In the second (purchase of the DVD), the "terms and conditions" are encoded directly in copyright law and are in force at all times. In the third case (the warranty), the terms are an offer of additional rights that, sans the laws on the books that govern minimal warranty and such (and if the law is more generous than the supplied warranty then the law trumps the supplied warranty), wouldn't be there at all, and are not in force until the purchaser attempts to make use of those additional rights.

      A EULA adds restrictions. It does not, in any of the cases that matter here, grant additional rights that one doesn't already have under copyright law. Finally, it attempts to impose those restrictions at the point in time that the purchaser attempts to make use of the rights granted him by copyright law, in a unilateral way, without giving any additional consideration to the purchaser.

      So the bottom line is that a EULA is relatively unique in that it is, in essence, a one-way contract, a set of terms imposed unilaterally on the purchaser in a situation in which the purchaser has almost always already irrevocably committed his resources. That's about as close to "duress" as it gets.

      Whether or not the courts see it that way is an entirely different matter, of course, but that's irrelevant to my original point.

      And your attempt to equate the terms and conditions of a EULA to law with respect to "ignorance is not a defense" is laughable, since a traditional bedrock of contract law is awareness of the terms of the contract by all sides (were this not the case then terms and conditions written up in 1-point font would be enforceable in court, which is something that is decidedly not the case).

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    17. Re:EULAs are NOT contracts by mr_matticus · · Score: 1

      So the bottom line is that a EULA is relatively unique in that it is, in essence, a one-way contract, a set of terms imposed unilaterally on the purchaser in a situation in which the purchaser has almost always already irrevocably committed his resources. That's about as close to "duress" as it gets.'
      No, the purchaser has not irrevocably committed any resources. Unless the EULA forbids refunds of money for any and all reasons (in which case it's an invalid term and thus irrelevant), there's nothing "irrevocable" about it. Even if it were, it is NOT duress in any possible construction. At the very best, it represents undue influence.

      'And your attempt to equate the terms and conditions of a EULA to law with respect to "ignorance is not a defense" is laughable, since a traditional bedrock of contract law is awareness of the terms of the contract by all sides'
      Wrong! That's not 'traditional bedrock' (which by the way, is a nonsensical term) of contract law--contract law is served if the terms are available prior to giving assent to the contract, not whether a respondent reads those terms or reads them carefully. Since the EULA is available both prior to purchase as well as prior to giving assent (clicking "I agree" is considered assent under current case law), that requirement is fulfilled and consideration is satisfied.

    18. Re:EULAs are NOT contracts by mdwh2 · · Score: 1

      You're just on a roll. Please cite a case where your contention is held to be true.

      As an example of how hilariously wrong you are, are you presented with terms and asked to agree to them before renting a movie? Does a DVD tell you before you buy it that you're not allowed to do x,y, and z with it? How about warranty terms--are they disclosed to you before you buy a product?

      It's made clear that I'm renting, not buying, yes. What x,y and z terms are you referring to? What warranty terms are you referring to?

      And again, if you disagree, cite a case that says otherwise.

      Oh, and that's $100 you owe me.

    19. Re:EULAs are NOT contracts by mdwh2 · · Score: 1

      No, it's not. A EULA is a contract held prima facie. Contracts are valid under the law. A EULA is therefore valid until ruled legal. Each contract does not need to go to court before it's valid.

      Except we have not established that it is a contract in the first place. Otherwise I might as well say that our contract that you will be my personal servant for the next 6 months is valid until a court rules otherwise.

      No, you're not. You've paid for a restricted license of use, not for ownership of any content.

      Where did I say that I owned the content (i.e., the IP)? I said you're entitled to use it.

      It's clear that you're not familiar with law, so this is all I will say to you.

    20. Re:EULAs are NOT contracts by mr_matticus · · Score: 1

      No, it's not, because I never gave assent to the contract. Your posts have no "I agree" button or signature block.

      The point isn't the terms themselves, it's the fact that they're all restricted uses of IP that isn't presented to you before purchase. As another example, when you sign an employment offer, the terms are made available to you, but you're not required to read them. Insurance policies aren't provided in full until you sign up (involving making an initial payment)--but many include cooling off periods where you may cancel the policy if you receive the policy and find it unacceptable. A EULA isn't required under law, but it's also not precluded, nor is it essentially any different than any other contract presented from a company to a customer. I've already provided cases that maintain this. I don't see anything in your post that makes any real point, and I'm still waiting for you to show where you think you have ownership rights and where EULAs are declared improper or illegal.

    21. Re:EULAs are NOT contracts by mr_matticus · · Score: 1

      Yes, it is a contract. Please look into the relevant case law--no case has ever asserted that a EULA is not a contract--all cases involving EULAs have been tried under contract law. I'll repeat myself once again: EULAs are contracts held prima facie under United States law. That is the status quo, and as the affirmative, you have the burden of proof to demonstrate otherwise.

      We have no such contract. You cannot simply declare a contract to exist without the providence of assent. Again, assent may be in the form of a signature or a conscious act of consent via an "I agree" button (or a verbal agreement or mutual understanding). You are building a distracting and humorous, but ultimately irrelevant straw man.

      Further, you are not entitled to use software simply because you purchased it. You are entitled to use it within the confines of copyright law and any applicable license agreements. If you do not wish to be held to those terms, you are no longer entitled to participate in that binding agreement, including the usage rights conferred by the agreement. Absent the agreement, you have no usage rights and are entitled to a refund. If you can demonstrate otherwise, I'm listening.

    22. Re:EULAs are NOT contracts by mdwh2 · · Score: 1

      And I never give assent to the contract when I install software, so that's fine.

      The point isn't to do with whether I can read terms or not, the point is that installing software can't be taken to mean you agree with the contract. When I sign up for a job or insurance on the other hand, it's clear that that's what I intend to do.

    23. Re:EULAs are NOT contracts by mdwh2 · · Score: 1

      We have no such contract. You cannot simply declare a contract to exist without the providence of assent.

      Right, and I have no such contract with the software.

      If you need some magic words, then >>> Hit the "Reply to This" button to confirm that you agree to pay me $100 <<<

      An arbitrary action - such as clicking a button - cannot be taken to indicate agreement when it is highly likely the person had a legitimate reason to do that (in this case, it was the only way he could use the software, which he had a legal right to use). Contracts are not about specific things like a signature or magic words like "I Agree" - it has to be clear that the person willingly entered into that agreement, and was not tricked or coerced in anyway (in this case, preventing use of his software unless he agreed - you cannot prevent someone's legal right to use software until they agree, anymore than I can prevent your right to post to Slashdot).

      And the burden is upon you to show me a case where a contract was upheld just because it was in the "EULA" - do you seriously think I'd get away with "You owe me $1,000,000" if I stuck in at the bottom of an EULA that my software wrote?

    24. Re:EULAs are NOT contracts by mr_matticus · · Score: 1

      Did you click a button marked "I agree"? If so, you've provided assent as provided for in the contract. Your intent to comply with the stated terms is quite clear when you click a button labeled "I agree."

    25. Re:EULAs are NOT contracts by mr_matticus · · Score: 1

      "If you need some magic words, then >>> Hit the "Reply to This" button to confirm that you agree to pay me $100

      No. That would be misrepresentation. A button marked "reply to this" is not a signal of assent. A button marked "I agree" to the terms presented in a license agreement is providence of assent in contract law.

      You have yet to provide a single piece of evidentiary support for any of your claims, while I have referenced a number of cases in this thread. As the affirmative in a complaint, you must prove that a EULA has been overturned as a non-contract. As the respondent of the status quo, I must wait to respond to evidence presented by you, the affirmative. Bring me a case where a EULA was overturned as not being a contract (in a case where assent is clear and conscionable--in other words, not the Netscape one), and we'll talk. Until then, you've got no substance and a repeated misunderstanding of the details and minutiae which do matter.

      For instance, standard form contracts are held to be binding given providence of assent, by signature, oral agreement, and/or specified consent in an explicit condition. An "I agree" (to the terms) button is an explicit prompt and response for consent. The acceptance of a contract is indeed about official assent (your so-called "specific things like a signature"--providing assent binds you to a contract absent duress, undue influence, or fraud).

      You have no rights to use software until you agree to the license terms, whether those terms are prescribed by federal or state law or encapsulated in a contract. Providing money for something does not automatically entitle you to its use. If I give you $100 and ask you to mow my lawn, it doesn't mean anything until the other person accepts that proposition. If you take my $100 and fail to hold up your end of the agreement, you're liable for breach of contract. If I give you money and then decide that your terms (I will cut the front lawn but not the back, for example) are unacceptable, I have a right to have my money back, less any services already performed.

  83. Rule #1 of MS Vista EULA is... by Junior+J.+Junior+III · · Score: 1

    Do not talk about MS Vista EULA

    Rule number 2: DO NOT TALK ABOUT MS VISTA EULA.

    Rule number 3: Only 1 machine to a license.

    Rule number 4: System will remain stable* as long as it has to.** ...

    Rule number 8: If this is your first time readin the MS Vista EULA, you have to click Accept.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
  84. The Decider by AragornSonOfArathorn · · Score: 1

    Another great new feature, the Decider, decides which WMDs, i mean WMAs, you can play. It might also Decide to turn your system off and refuse to boot if it doesn't approve of how you're using the computer.

    --
    sudo eat my shorts
  85. The only EULA that counts by Marxist+Hacker+42 · · Score: 1

    Is the one displayed when you get your new machine. I have a feeling that this is just a marketing intelligence test- they've put out this EULA to see what we notice, and more importantly, what we don't. Based on the reports I've seen, the final version of the EULA will allow benchmarking, virtual machines, and installation for more than two major revisions of hardware- because that's what we've CAUGHT. Who is to say what is in the fine print that we have completely missed.....and all of that will be in the final EULA.

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  86. With Linux you can remote-administer. by Kadin2048 · · Score: 1

    Given that (IMO) most University IT departments are utterly clueless about supporting anything that they didn't both sell to you, and personally configure, you'd be best giving her whatever you are most comfortable supporting.

    At least with Linux, you can set it up with a dynamic dns name, and pray that the University assigns client machines publicly addressable IPs (which isn't that bad a bet, lots of educational institutions have fairly big allocation blocks). That way you can SSH in and remote-administer.

    Or you could write up a quick HELPME.sh script that creates an SSH connection to one of your machines at home (using a dyndns name if you don't have a static IP or real domain) so you can administer it. You could even tunnel the xserver connection through that if you're more of a GUI person than a CLI one.

    Packing someone off with a brand-new OS that both they, you, and probably the IT staff, will be unfamiliar with, seems like a recipe for disaster.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:With Linux you can remote-administer. by dpilot · · Score: 1

      I remote-administer my 80+yo mother's machine 600+ miles away. Generally I only do security-related updates, until I get there in person, which has been happening more frequently in recent years. When there physically I bring the machine fully up-to-date. My main fear is doing something that will render it unable to get on the net, which has happened once. She's not sufficiently savvy to be of much help, and when that happened I had a cousing come over, and talked him through what needed doing.

      My daughter would be much easier to work with. I am worried about the networking topology a university might deploy, notably hiding everything behind NAT, like my son's was. But I run an OpenVPN endpoint, and would likely have that set up so she could connect and I could get in.

      I think another trick would be to have a separate repair partition - just enough to have a net connection, OpenVPN endpoint, and a small box of tools to repair the main install.

      My son did pretty well with WinXP, though I added this thing called "abstrusion protection" as one layer, that appears to be more trouble than it's worth.

      --
      The living have better things to do than to continue hating the dead.
  87. re: stability by King_TJ · · Score: 1

    Yeah, but in reality, is "stability" that much of an issue anymore, anyway? Most everyone I know who uses XP (or even Windows 2000) admits that major crashes and instability are mostly a thing of the past. Sure, you get the occasional glitchy application that causes a memory leak and forces you to reboot after a while. But that's true of OS X software as well. And more often than not, you can pin down the culprit after a while. (Just uninstall suspicious apps until your problem disappears.)

    I think the *big* reason people are unhappy with Windows is spyware/virus/security issues. Much of this junk creates the "instability" people talk about. Plus, you have quite a few Windows software packages that have been through so many revisions over the years, they're just bloated monstrosities that slow down people's 2-3 year old PCs. (ACT! Contact Manager is a great example. It used to be a pretty slick application, but in the last 2 revisions or so, it's sluggish on a typical Pentium 4 class PC with 512MB of RAM running XP. Arguably, MS Office has reached the same point. MS "cheated" a bit with Office to make it appear "snappy" by pre-loading a bunch of code at Windows startup - but it starves other apps of RAM.)

    At the end of the day, I think Apple likes being a "hardware" company, and knows tying the hardware to an excellent OS like OS X ensures they get those hardware sales. Microsoft, by contrast, doesn't sell PCs. I'm sure they agonize over the pros and cons of selling OS X for standard PCs all the time. But right now, I have to admit, selling OS X like that would probably put an end to their cool Mac hardware. I just don't think there would be enough unique features to justify a Mac purchase anymore? Already, the Chinese rip off their case designs almost as soon as they come up with them. (You can buy an aluminum G5/Mac Pro look-alike tower, or a Mac Mini look-alike. In the past, even eMachines sold an iMac look-alike.)

  88. Re:Psst... Don't tell anybody... by rudeboy1 · · Score: 1

    Oh yeah. And I just found this! In response to parent. Lovely. Just lovely.

    --
    Raging in an online forum won't do anything for the world around you. To see change, you must take action.
  89. yay, enthusiastic whining again by sulfur_lad · · Score: 1

    A reporter has no news to report so digs as hard as he can to find something to make something out of. Oh wait! Just like CNN and the Republican party. John Kerry is evil. Democrats are evil. Ya boo sucks to that. :P

    And then the enlightened masses here! Read me: if you uses linux, don't complain because you don't care! Same for you Mac users! (it still amuses me that people here don't bash Apple for "selling" unix or hardware or whatever, but who'm I to complain?

    • It's MS's bloody software, they can do what they want
    • Yay a reporter made news because there is no news to talk about
    • You all use linux or Mac, why do you care?
    • If you manage a network that dictates Windows, why do you care? You're not buying it...

    Weak people, weak. I'm not defending MS, I'm telling you to use some common sense.

    1. Re:yay, enthusiastic whining again by snoyberg · · Score: 1

      It's very simple why people are complaining: because Microsoft dictates so much of our lives. I've used Linux exclusively for years, except: 1) I worked in a computer lab while at UCLA, and I had to work on Windows, not to mention program in Visual Studio 2) Almost every public terminal I have access to uses Windows. 3) The computer I have at work has Windows. All of the work I do has do be compatible with Windows. So yes, Microsoft has the right to do whatever they want. But those of us who are perpetually stomped under its heavy boot have the right to complain about it.

      --
      Thank God for evolution.
  90. MS - finish the job for Christ's sake by Anonymous Coward · · Score: 0

    Microsoft just needs to make Vista self-replicating and the job is finished.

    Or is there something in the EULA that covers that too.

  91. Re: Oh, boy. Property of Microsoft? by Jaywalk · · Score: 1
    what would you like them to do?
    I'd like them to tell me and let me make my own decisions. Unfortunately, Microsoft is into full-on "all your base" mode now and they assume that they have the right to make everyone else's decisions for them. Either they allow all sorts of malware with no thought of protection, or they go for the draconion Microsoft-controlled option. There is no middle ground.

    A reasonable compromise would be to allow different modes for experts and novices.

    --
    ===== Murphy's Law is recursive. =====
  92. This remind me... by Dretep · · Score: 1

    of Soviet Russia! '... also take note of Windows DRM deciding what you can and can not listen to...'

  93. Enough of "automated decisions"! by jbarr · · Score: 1

    One of the fundamental problems I have with these kinds of "automated decisions" is that it completely throws computer novices. Most people turn on their computer, do day-to-day work, and expect repeatable, consistent behavior from the computer. When the operating System and its components are given license to make system changes without the user's consent or knowledge, it will do nothing but frustrate and annoy these users. Seasoned users can roll with and put up with a lot of idiosyncrasies, but for non-savvy users, it becomes a major problem--not to mention those of us who have to support them.

    It reminds me of when I bought a Toyota Corolla. The front headlights are hardwired "On" regardless of the light setting when the key is turned. But I don't want the lights to come on automatically, or I want to turn them off while the car is running--no luck. Next car will be a Honda.

    --
    My mom always said, "Jim, you're 1 in a million." Given the current population, there are 7000 of me. God help us all!
    1. Re:Enough of "automated decisions"! by Vegeta99 · · Score: 1

      Of course, when you miss the point of the feature, the lights being on all the time sounds stupid.

      They're Daytime Running Lights. They're dimmer than full headlights, but you might not ever notice because the car may turn the brigher low beams on for you. It's there for safety purposes, a car with its lights on is more visible even in daylight.

    2. Re:Enough of "automated decisions"! by jbarr · · Score: 1

      Oh, I understand completely about the Daytime feature. My point is that I don't have control over my own car. Fortunately, it doesn't affect my ability to drive like a sudden feature change or UI change that could occur with Windows could affect productivity.

      --
      My mom always said, "Jim, you're 1 in a million." Given the current population, there are 7000 of me. God help us all!
  94. You may already be a party to this EULA! by Anonymous Coward · · Score: 0

    Isn't Dell the vendor that puts fine print "By breaking this seal you agree to the EULAs for any and all software installed on this PC even though you can't read them..." stickers over the power connector?

  95. The path to Monopoly by doodlebumm · · Score: 1

    Microsoft charged less for larger customers in order to seal up their monopoly. If they had charged everyone the same price, then there would have been no incentive for Dell to sell Windows with every computer. As it was, the larger the company, the more they saved, the faster MS got a strangle hold on the industry.

    I found something interesting when a neighbor's Dell computer needed to be reinstalled. He no longer had an install or recovery CD and I didn't have one either. I downloaded a copy from the Internet and loaded it on the system. It never asked for a key or anything. I don't think it was a cracked version because it passed WGA fine, and there didn't seem to be any "oddities." I suppose there was a time when you could say "if you bought a Dell, you also bought Windows." So why make their customers go through the registration thing. Their CD's won't load on anyone else's computers, so they were pretty safe to put out a CD that could be loaded on a Dell computer as many times as you like and never enter a key. That was the power of Microsoft's monopoly.

    I refuse to pay money to Microsoft unless someone puts a gun to my head. I did pick up a copy of XP (the upgrade) for a neighbor and installed it from scratch using an old 98 CD that I had lying around to show that I could use the upgrade version. The special gave me the copy of XP upgrade for $10 after the rebate. Hopefully that meant that MS wasn't getting a cent of money for that copy. Chances are they were getting something, though. If Gates and Balmer were milking machine salesmen, they'd probably sell two machines to a farmer with one cow, and take the cow as a down payment.

    1. Re:The path to Monopoly by oohshiny · · Score: 1

      I refuse to pay money to Microsoft unless someone puts a gun to my head. I did pick up a copy of XP (the upgrade) for a neighbor and installed it from scratch using an old 98 CD that I had lying around to show that I could use the upgrade version.

      So, you're playing right into Microsoft's hands. What Microsoft primarily cares about is that your neighbor is running Windows. Whether your neighbor paid $400, $150, or $0 is a secondary concern to them; they prefer $400, but they'll take $0.

      It's exactly people like you that maintain the Microsoft monopoly. Tell your neighbor to pay the required price for Windows (and, yes, when you lose your CD and license, you must buy a new copy). Refuse to install a version that he doesn't clearly own. Observing Microsoft's copyrights and licenses to the letter is not only prudent, it's the right thing to do if you care about having a competitive market. Violating Microsoft's licenses isn't an act of civil disobedience, it is a contribution to their differential pricing schemes; they love it when you do that.

  96. Pretty simple really by Maxo-Texas · · Score: 1

    I'll own a cheap windows computer ($499) which I use for the required games (mostly EQ) and I'll continue the path I started in 2000 into non-windows land for everything else. I hear that EQ sometimes run well under wine- if they get it 100%, then incentive to use windows is going to be very small.

    I am able to get office for $20 so I'll use it when appropriate but otherwise use openoffice for home use.

    At this point, I probably give microsoft about $30 to $40 bucks once every 3 years. Wherever they are making their billions from, it was never from em. My total microsoft expendatures since 1995 are about $400 bucks and that includes a natural keyboard.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  97. EULA Amended by swalters1 · · Score: 1

    You may want to take a look at the amendments MS is doing to the EULA before all the Mac and Linux Fan Bouys start spouting off about how this is the death of MS.... .. wait.. too late.... Anyway, Microsoft back tracked on its transferability, only the OEM versions will have the restrictions, the rest are going to have ulimited transferability, just like they did under XP. As for removing spyware by default... well DUH! It's about time. Do you know how many casual computer users don't hit "clean" when a virus alert comes up? Quite frankly they keep me employed... oh damn... MS may put me out of business if they make their system protect itself and not allow virus's in... wait...now I sound like Symantec. Before everyone goes nuts, I'm not fond of the DRM stuff that MS is doing or anyone for that matter, but I can see why that seciton of the EULA exists, infact I'm pretty sure the stuff I just saw for stripping DRM from video and music content by using a VM is why this is in there. I'm sure you could come up with a copy paste trick that defeats the content management on documents too... so.. no surprise there. The idea of proteciton is to protect, even if when it's a bad idea. Prices... no biggie. $259 is nothing. I know.. it sounds like a lot, but it's not. To run the $259 upgrade you'll need a high end PC, and I mean HIGH END, as in, if you spent under $1200 on it, you don't have it. $159, not a biggie, that's what my Pro Upgrade cost anyway...and $99 seems cheap for my $459 pc. But pricing is minor when it comes to technology, just wait until MS offers a competative upgrade from OSX to Vista Business for $99, and watch Apple threaten lawsuits.... or a competative upgrade from LINUX to Vista Basic for $49... Anyone who thinks that Vista is going to kill MS should go out and invest in Apple quickly before the stock goes up...Personally, I'm keeping my PC, and I"m upgrading to Vista, and I really don't care what they do to protect their code from pirates, the only thing I did care about was the transferability because I'm an enthusiast who swops hardware on a regular basis, but since they withdrew that, I'm happy. Btw... just a question... when is someone going to file against Apple for bundling software in it's OS and there by preventing the consumer from having a choice in browsers, video software, web editing software and music? Because I'd reallly like Apple to have to deal with all the third party crap that MS has to deal with just to keep the courts happy.

  98. Testing on IE by StormReaver · · Score: 1

    "Another group that's going to suffer under these outrageous restrictions on virtualization? Web developers, who just want to test their work under IE. Gee, thanks, Microsoft!"

    My response: "Due to Microsoft's policy of not allowing Internet Explorer to be tested against our web site, we cannot offer support for that configuration. Firefox is a fully supported browser, and we recommend its use here."

  99. Article Has The Wrong Title by Brickwall · · Score: 1
    Seriously - who is "surprised" by this? Rampant piracy, especially in Asia, has MS worried. Of course they are going to do everything they can to make it harder to pirate their software.

    I don't like the idea of Defender deciding on its own what software it likes and doesn't like. I'll be sticking with XP for a long time.

    --
    What was once true, is no longer so
    1. Re:Article Has The Wrong Title by trojjan · · Score: 1

      Rampant piracy, especially in Asia, has MS worried.
      Let me tell you one thing, if it wasn't for piracy M$ wouldn't exist in Asia. 90% of people here do not buy windows. But they are using it anyway and they are not trained in other Oss. This leads to cheap labor for M$ and also the big cooperations use M$ s/w because there is trained supporting staff for it and that is the place M$ earns their $$ from in Asia. Since most people don't care whether they are using legitimate or pirated s/w do you think they give a fuck about the EULA. M$ knows pushing anti piracy in Asia is only going to harm them whereas in the richer countries they are going to squeeze anything they can from the end user.

  100. So what? by FellowConspirator · · Score: 1

    This is not new with Microsoft's Viral Infection and Spyware Transmission Architecture (aka, 'VISTA'). If you look back at the older MS EULAs, the same language exists, particularly with regard to benchmarking. There are other stipulations to: you cannot write negative reviews of products or Microsoft, you are not allowed to use remote access tools other than Windows Terminal Services / RDP, can't use their products in medical or weapons systems, you must submit to license audits, etc.

    As if anyone ever pays any attention to the EULA -- and therein lies a problem for them (and everyone else). The EULA has not only gotten long and complex, but they are regularly and completely disregarded out of hand by, quite literally, everyone. The fact that they are universally ignored, coupled with their general failure to attempt to enforce the EULA most of the time, and terms that may not be generally legal or binding. If they ever did try and get the EULA enforced, it'd be pretty hard to get a court to be terribly sympathetic (particularly since they are increasingly dubious of click-wrapped software licenses).

  101. Hey, that was interesting... Thanks. by bdwoolman · · Score: 1
    The scales fall from the eyes. I am enlightened.

    So, theoretically at least, Microsoft's claim that I can't sell the OEM copy of XP that I bought to install on my rig may well be null and void because of the doctrine of first sale. I like it.

    The fact is that I bought it before I agreed to anything. Just paid Newegg. So, now they say by my using it I am agreeing to the license? I don't think so. Pretty specious... What? I am going to pay full price and then not use something? I own it already so I can certainly agree to anything. At the very least I should be made to agree before they take my money.

    BTW I say "sell" instead of "transfer license". I own it. I got the OEM disk. As long as I remove it from my system I can sell it. Makes sense to me.

    I always thought these EULAs were better founded. But they are kind of bogus put-up jobs, like the signs in paid parking garages that disclaim responsibility. Sure, if you leave your briefcase and it gets swiped they can disclaim. But the radio? Part of the car you paid them to protect? No way! They are liable. They put the signs up in hope that people will not even present a claim. Same way these EULAs are put-up jobs to keep people from exercising their rights under first sale.

    --
    "No fear. No envy. No meanness." Liam Clancy
    1. Re:Hey, that was interesting... Thanks. by falconwolf · · Score: 1

      The fact is that I bought it before I agreed to anything. Just paid Newegg.

      BTW I say "sell" instead of "transfer license". I own it. I got the OEM disk. As long as I remove it from my system I can sell it. Makes sense to me.

      You got an OEM disk from Newegg? How did they get it? If you were able to install it then it isn't a recovery disk is it? I thought MS required OEMs to bundle recovery disk instead of Windows disks with new computers. Now I agree on the First Sale doctrine, if you buy something legitimately then you should be able to use it.

      Falcon
  102. Not surprising. by WK1 · · Score: 1

    Oh no! Microsoft is putting ridiculously restrictive, probably illegal clauses in their EULA! Alert Fox News!!

    McAfee put a "no benchmarks" clause in their EULA a while ago, but when they tried suing a PC Magazine for benchmarking their software, the judge said you can't disallow your customers from reporting accurate information about you. Duh! I can't believe they actually thought they could away with it in court.

    However, in spite of previous precedence and the obvious illegality / constitution violation of such a clause, I'm not so sure I could defend myself in court if I decided to put up some basic benchmarks regarding how well software runs on Win/Lin, and Microsoft decided to sue me over it.

    Someone must have lived under a rock for a long time in order to label this as "surprise!" Stupid slashdot editors.

  103. Re: HEY by BitterAndDrunk · · Score: 1

    How do you know my router's IP address!?!

    --
    You better watch out, there may be dogs about . . .
  104. Old/Non-News? by SeaFox · · Score: 1
    You want to post benchmarking results? Well, Microsoft may now have a say in it.

    Hasn't a precident for this already been set by the courts. Software companies trying to use draconian EULA's to keep unfavorable reviews and benchmarking results out of print is nothing new, and they've been shown to be unenforcable and an infringment of First Amendment rights.
  105. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  106. Microsoft Really dropped the ball on this one... by vfp_guru · · Score: 1
    They should have included a clause in the EULA that prohibited discussing the EULA itself in any open forum.

    The first sentence would begin "Your reading this EULA indicates your acceptance of it...."

  107. A Practical Solution by Prototerm · · Score: 1

    If you want to avoid the problems with Vista, just run something like Windows 2000 in VMWare Server on Ubuntu. I've set my router not to permit the Window's IP address any access to the web. All email and web browsing is done in Ubuntu. No trojans, no viruses, no Windows updates, and no Windows Disadvantage issues. You can run just about any Windows software you need (excluding games, of course). I even do all my development work in that virtual machine, with no problems. If I want the pretty Aero Glass pictures, I'll just install Stardock. Problem solved.

    --
    "My country, right or wrong; if right, to be kept right; and if wrong, to be set right." --Senator Carl Schurz (1872)
  108. Help by Hennell · · Score: 1

    Having just looked over the Vista Licence (really) I noticed this:

    3. C. - Icons, images and sounds. While the software is running, you may use but not share its icons, images, sounds, and media.

    I've no idea if this is new or not, but it sounds remarkably like you can't take screen shots of your own desktop. Or say make Linux(or other things) look like Vista (for those who want to).
    Course if this doesn't mean that what does it mean?

    1. Re:Help by neminem · · Score: 1

      Actually, if you just take it completely literally - it does mean you can't take screenshots of your desktop (unless you hide all the icons first)... but it doesn't say anything about making Linux look like Vista, because if you're running Linux, you're probably not running Vista, and it only says you can't share its media while "the software is running".

  109. Re: Oh, boy. Property of Microsoft? by walt-sjc · · Score: 1

    Microsoft is into full-on "all your base" mode now

    You mean that at one point they wern't??? Had to be 20+ years ago...

  110. Traditional Tactics by Meph_the_Balrog · · Score: 1
    it is only a matter of time until Microsoft takes up the fine traditions of RIAA, MPAA and Mafia.

    Traditionally Microsoft hasn't prosecuted the end user for copyright violations, only businesses and governments. I believe this to be for two reasons;

    1. The cost involved in hunting down and dragging to court every individual.

    2. That (until recently) office applications have historically been incompatible with those from other software designers.

    Basically if everyone was pirating and using MS apps at home, it would force big business to play along, just so that they wouldn't have to completely re-train everyone in the office, and also so they can force the good little wage slaves to work from home. That and its far easier to hit a big, lumbering target that can't get out of the way.
    1. Re:Traditional Tactics by lhand · · Score: 1
      Traditionally Microsoft hasn't prosecuted the end user for copyright violations, only businesses and governments. I believe this to be for two reasons;
      Nah, only one reason they're not going after the individual end users: they're waiting for the RIAA to finish with them first.
  111. Re:a way around? - still implications by adamcimarosti · · Score: 1

    A company would rather not challenge an EULA, it is risky.
    Whether it can be applied or not it will be easier for companies to comply with it whether it can be enforced or not.
    They would rather not find out. As such these things have implications.
    Reminds me how companies got scared of speaking how well OSS was going for them when SCO was threatening.
    The fact that SCO didn't go far doesn't mean that it didn't have an impact.

  112. Re: Oh, boy. Property of Microsoft? by zxnos · · Score: 1
    the EULA states "if turned on, windows defender...". so they are letting you make your choice. they tell you right there in section 6 the gist of how the software works. and from what i understand, you will be allowed to use third party software. granted, a screen will probably pop up that says you should turn it on. but this will protect the average user while allowing you and i, who know about other options, to use those other options should we choose.

    i think this is a good thing. i would wager dollars to donuts that defender will tell you when it removes photoshop from a system. that way it can (presumably) be reinstalled and flagged as o.k.

    --
    always mosh clockwise
  113. Avoid the EULA by bratwiz · · Score: 1


    Avoid the constraints of the EULA-- use someone else's copy on someone else's machine. They can't hold you to provisoins of the software if you're not the owner. Then you can publish all the benchmarks you want. MS might have a case against the owner, but not with you.

  114. Re:surprises? by TheVelvetFlamebait · · Score: 1

    Which other EULAs? I know that they exist, but which ones? It is important. For example, if Musicmatch Jukebox had a EULA like that, no problem. We would simply not download it, not agree to its EULA, and be done with it. Windows has had the extremely frustrating effect of becoming the standard OS, in case you've had your head under a rock for the past zillion years. Either we, or people close to us, must agree to this EULA sooner or later (Linux just isn't quite feasible enough yet). What it says will affect us somehow, if only minorly, in the best case scenario.

    But hey, don't let the facts get in the way of a good /. bashing.

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  115. You forgot one category by homer_ca · · Score: 1

    The noobs who just want to do email, web and some light word processing. They'll run what came on their computer as long as they can figure it out. They'll complain if their computer can't play Deer Hunter or some embedded web video. I guarantee you this category outnumbers the home power users.

  116. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  117. for clarity by mr_matticus · · Score: 1

    ...involves not using the software, and not using it and ignoring the contract.

  118. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  119. why do people get so hung up over signatures? by nomadic · · Score: 1

    Valid contracts don't need to be signed in every case; it would be ridiculous if they needed to be. You can't walk into a restaurant, order food, then walk out without paying and claim that it's because you never signed a contract.

  120. you're part of the problem by oohshiny · · Score: 1

    I haven't paid for Windows since Win95, (or, at least, more than $5-$10 for the college issue). Microsoft seems to be content with opening a back door

    Yes: that's a "differential pricing" strategy: you charge everybody as much as they are willing to pay for the product. It undermines market and competition mechanisms.

    It will also force more people to side with me, and effectively refuse to pay the rediculous amount of money, but admit that we are dependant on a microsoft OS because of its interoperability with 90% of the programs most computer-savvy people need to survive their day-to-day lives.

    You don't "refuse to pay", you simply become a Microsoft customer at a lower price and thereby support their operating system monopoly. If everybody Windows user actually had to pay the average Windows price (say, $150), you'd see Windows market share plummet and all the interoperability and software availability arguments you make would fall apart.

    If you don't want Windows to continue having a near monopoly, you have to switch to some other platform for your day-to-day work; there is no easy shortcut. It matters less whether you send the money for it to Microsoft, what matters is that in those interactions with other "computer-savvy people", you behave like a non-Microsoft user.

    If switching from Windows is too hard, at least switch to open source applications on Windows as much as possible: use OpenOffice and complain to people when they send you files you can't read. It's the latter part that breaks the monopoly.

  121. a new use of the word surprising by yulek · · Score: 1

    this must be a new use of the word "surprising" that i was not aware of.

    --
    in this age of communication i'm just not getting through
  122. A few corrections and rebuttals... by Anonymous Coward · · Score: 0
    1. The benchmark testing and posting applies to .NET Framework components. I do not see this being some great ending of benchmarking the Windows OS. Also, the link for further information does not (currently?) work. So, this could just be an issue that isn't an issue at all.

    1. Ok, I'm with you on the benchmarking thing. No problems there.

    2. This version argument is really tiring. In some ways I see their logic, in other ways I think the six version idea is stupid. Actually, there are more versions of XP then two. Technically, there are four. Windows Media Center Edition and Starter Edition. I imagine Starter Vista will be virtually unseen like XP SE. As for Win MCE, I suppose that would be Home Premium. XP Home = Vista Home, XP Pro = Vista Business. Guess this only leaves two extraneous versions...

    2. Technically, there's a fifth version, Windows XP Corporate. It's functionally identical to Windows XP Pro, but has much more sharply restricted distribution. It's also not laden with all of those irritating antipiracy protections and registration requirements. It also has a separate CD Key set, so I'm counting it as being separate. And if you count Windows XP N, which came without Media Player, you've got 6. Now we're just even with Vista. I'm willing to bet that one of the six for Vista is going to be Vista Server. We might even get an Advanced Server.

    3. The Virtualization argument is pointless. How many home users do virtualization? How many business (which do the most virtualization) actually use XP Home licenses? I really think this is a non-issue like #1.

    3. I'm a home user who does virtualization. Of course, I'm also running XP Pro. I'll assume I'm not the typical home user, but who on Slashdot is?

    4. The license transfer is more stringent version of the current license transfer. The example they give is a bit weak. At work, if you get a new workstation? I seriously think that corporate licensing will have provisions for this sort of thing. How many people buy their own work computer licenses? Unless you own your own business, not many. Most home users keep a machine for several years. If you assume a home user is on a 3-year replacement cycle (the most common business practice I have found), they will probably only need a single transfer before the new OS is out (though after this, you never know.) Also, how many new PC purchases do not come with a new license?

    4. This problematic license transfer issue is accompanied by a less stringent set of rules for determining what a 'significant change' is. I may now be able to swap out a video card without having to re-register.

    You make some good points, but I think the changes won't force many people to switch OS. People just don't like to learn something different.
  123. Fuck Vista. by PotatoHead · · Score: 1

    Right around 2000, I decided I was not going to tie my skills and computing activities in general to closed software. Started running Linux in various forms, also continued with my SGI IRIX machines. (Yeah they are closed, but cool in that there is no DRM anywhere in the box. It does what it does nicely enough.)

    Took a while, and I went without a lot of interesting stuff for a few years. Coupla things happened. Realized I didn't need as much software as I thought I did, and I found myself with more money than I would have otherwise had.

    I cracked and ran cracked software just like everyone else did. Don't do it today --completely legal. Makes these licensing discussions we see today just nuts! It's hard to believe people are actually debating the merits of this crap.

    I own the following licenses:

    (1) copy of XP Home purchased along with a killer loss leader deep discount box
    (2) copies of win2k obtained in a similar manner
    (1) copy of office 97 professional or whatever they called it at the time
    (1) copy of L-view pro (no upgrades because it's getting too cluttered these days

    coupla games and that's it!

    It's not fucking worth it. Everything else is open or something I really just don't need, or can run on my employers license pool.

    How to work today with this attitude? Simple. I only run Microsoft stuff so long as somebody else has paid for it. I find them increasingly happy to pay, so I always ask and politely decline those scenarios where I would have to personally agree to such crappy licenses.

    I actually hope they really crack down on piracy in all forms. The really great geeks among us will continue to do what they do, largely uninhibited. However, Joe bag 'o dougnuts will just get pissed and things will change for the better.

    If folks really understood all the terms of the various licenses they are asked to agree to and knew enough to actually consider the implications they would be far less inclined to continue the madness.

    So I'm not gonna run it, unless somebody else, stupid enough to do so, or who can afford the expense because there is a solid return for them pays the bill. Microsoft has peaked with XP, it's downhill from here. That means extracting revenue from the customer as often as is possible for as much as is possible. Messy. Better to start learning how to compute on open stuff and begin putting computing in perspective.

    We need to continue supporting open systems and talking to vendors about it. Don't support Linux? Thanks but no thanks. Write letters, talk to people, return defective non-open, didn't say so, products. It does not take everyone running the stuff to matter, just enough of us to continue to be significant.

  124. install options by falconwolf · · Score: 1

    And just as a sidenote. My HP laptop hard drive failed, I got a replacement and used the restore CDs. The restore CDs give you the option of a clean OS install without all of the extra stuff. I didn't know this until I did it, and I don't know if other OEMs do the same. But I was pleasantly surprised.

    I'd bet not all OEMs offer installation options, nor do those that do offer them offer them across their entire product lines. I'm typing this on an HP myself and I've had to reinstall Windows a number of tymes, my hds have failed as well as my motherboard, and the recovery disk do offer some options but it installs some things by default without the option not to install them which forces you to use add/remove if you don't want them.

  125. Geek Squad and Best Buy by falconwolf · · Score: 1

    I used to work at Geek Squad

    I was supprised when I found out there weren't many people at Geek Squad who could work with Linux. A few weeks ago I bought a new pC with Linux preinstalled but because it only came with a 40GB hd and a cd drive I decided to install another hd and a dvd. After a while of trouble getting the hd installed and recognized I took it down to Best Buy. I finally got someone there to try to get linux to recognize the hd but he made it clear there would be no warranty. He took about an hour to get the hd working then I asked if he could recommend a dvd drive and install it as well but he said nobody there was authorized. I asked him if he could recommend someone who could and he gave me the address of a stand alone Geek Squad, but the Linux expert there said they couldn't work with Linux at all. He was the only one with the ability and if he left they'd be high and dry. He just suggested I look on the net or find a geek in the neighborhood.

    I have been toying more and more with the idea of buying an Apple.

    The system I got with Linux is a tower, but I really want to get and have been waiting for Apple to release the Macbook Pro with the Core 2 cpu. Now that they have I'm hoping I can order one in the next week or two. Because of MS's tactics they have driven me away from Windows.

    Falcon
  126. Re:Psst... Don't tell anybody... by qurk · · Score: 2, Funny

    but admit that we are dependant on a microsoft OS because of its interoperability with 90% of the programs most computer-savvy people need to survive their day-to-day lives.
    Hmmmm, I wouldn't consider you a computer-savvy person if you can't find fully functional if not better Linux replacements for 90% of Microsoft software (except games). Even with games if you are calling yourself "computer savvy" I think you can set up wine or winex or something and get most games to run on Linux. Hmm...I've heard strong cases from people in specific cases (graphics, music editing, some office software), but to say that computer savvy people are dependant on Microsoft OS is a little over the top.
    I haven't touched Microsoft software for like 5 years and I guess your comment struck a chord with me, as it implies that I am not "computer savvy", heh.

  127. The Linux Wives Club by RareButSeriousSideEf · · Score: 1

    Hear hear!

    Ironically, I installed Fedora Core 6 in a VM during a single (under 1 hour) phone call between my wife & her mother. When she hung up the phone, I showed her how cool FC was, and how the net connection, Firefox, the package manager & Calc all worked right out of the box.

    This was a big accomplishment for me, since I'm green at *nix & have historically had less than stellar luck getting TCP/IP & package managers working smoothly without extra research.

    Her reaction? She thought it'd be cool to be the only chick in her office who could quip that she used Linux at home.

  128. OEM 'cause I bought components and built my system by bdwoolman · · Score: 1
    When you buy a mobo and hdd and case etc. from Newegg you can (or perhaps could) buy XP Pro at a not-very-discounted but reasonable OEM price (I recall about 130 USD). This was about two years ago. I know it was OEM because the CD Key was on a sticker on the plastic wrapper of the disk. Yikes! If I had not been on my toes it would have been too easy to toss. Not packaged for retail that's for sure. But you could not get it unless you bought a system to build. I think other vendors of components do this as well. One more reason to build your own.

    All I got was the system disk. No box. No manuals. No Nothin' And, yes, I installed it. It now rests, along with all the other docs and resources for that system, in a little plastic briefcase dedicated to that purpose.

    However, in practical terms the OEM disk would be hard to sell on its own. That is, if, say, I put Vista (not bloody likely) on this rig. The catch is that MS would not activate the system for the new buyer if it was on different hardware. They would know as soon as the box logged on for updates that the OS had migrated. And now with WGA it's hopeless. I could of course call MS and get permission to migrate the system claiming the new platform (the OS buye's)to be my own. But that is just sleazy and I wouldn't do it. Really. The other option would be to take them to court. Hmmmmmmm? Nope. Maybe some other time. To practically sell the system I would have to sell the whole rig, which is obviously something I can do -- with MS bundled. I am a manufaturer after all. Output = one computer per year. Woo Hoo.

    I think one reason that DRM and Activation is getting popular is that these EULAs are legally weak. Knowing this the companies have turned to technical restraint. And because of the DMCA they can keep you from unlocking whatever they sold you. Sooner or later we will see if that is unconstitutional. I think not.

    --
    "No fear. No envy. No meanness." Liam Clancy