Vista's EULA Product Activation Worries

applejax writes "SecurityFocus is running an article regarding some concerns about Vista's activation terms. Do you have the right to use properly purchased but not validated software? What happens if Microsoft deactivates your OS that was legally purchased? The article goes into some detail about Vista's validation and concerns." From the article: "The terms of the Vista EULA, like the current EULA related to the 'Windows Genuine Advantage,' allows Microsoft to unilaterally decide that you have breached the terms of the agreement, and they can essentially disable the software, and possibly deny you access to critical files on your computer without benefit of proof, hearing, testimony or judicial intervention. In fact, if Microsoft is wrong, and your software is, in fact, properly licensed, you probably will be forced to buy a license to another copy of the operating system from Microsoft just to be able to get access to your files, and then you can sue Microsoft for the original license fee."

Comments

Re:Could this be illegal?

[b0s0z0ku]

Microsoft has broken the law before, and been found guilty. Nothing substantial happened.

MS has never tried something like *this* before. If they deactivate, they're probably overstepping some hitherto invisible line. Just wait until some gov't agency's or some Federal judge's copies of Windows get deactivated. I think that using extortionate tactics like this will get MS into some deep legal shite.

-b.

Re:They said the same thing about XP.

[mochan_s]

This is almost word for word what the fear mongers where saying about XP. Yes software activation is a pain.

Not. It is not.

Even if you run a non-genuine version of XP, Microsoft cannot turn off your XP. They will deny will some updates in the Microsoft Update but not deny you access to your computer.

RTFA

[Silver Sloth]

From TFA

The UCITA also provides a procedure for "electronic self-help" - that is, the termination of access or use of the software without a court order. The first thing to note is that, in Maryland at least, the law expressly notes that, "electronic self-help is prohibited in mass-market transactions." Microsoft's EULA is undoubtedly a mass-market transaction, and therefore Microsoft may be prohibited from exercising self-help in Maryland. Moreover, even in non mass-market transactions, before you can resort to self-help, the contract must provide notice that self help will be used, who will be told about the exercise of self help, and provide other notice. The Maryland law also provides that "electronic self-help may not be used if the licensor has reason to know that its use will result in substantial injury or harm to the public health or safety or grave harm to the public interest substantially affecting third persons not involved in the dispute."

This is just a short extract. TFA is quite clear that in Maryland and Washington there may well be situations where M$ have opened themselves up to punative damages. IANAL - but the guy who wrote the article is.